Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 9, 1995 and adjourned Friday, March 17, 1995, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1995 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 9, 1995 through March 1, 1995. Volume II contains March 6, 1995 through March 17, 1995 and the complete index.

JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
OF THE
STATE OF GEORGIA
AT
THE REGULAR SESSION
Commenced at Atlanta, Monday, January 9, 1995 and adjourned Friday, March 17, 1995
VOLUME I
1995 Atlanta, Ga.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES
1995-1996
THOMAS B. MURPHY.......................................................................Speaker
18th DISTRICT, HARALSON COUNTY
JACK CONNELL.................................................................Speaker Pro Tern
115th DISTRICT, RICHMOND COUNTY
ROBERT E. RIVERS, JR.........................................................................Clerk
HARALSON COUNTY
ELMOREC. THRASH.....................................................................Messenger
LOWNDES COUNTY
WARD EDWARDS..........................................................................Doorkeeper
TAYLOR COUNTY
STAFF OF THE CLERK'S OFFICE
CAROLYNPETTUS................................................................Assistant Clerk
GWINNETT COUNTY
JANE C. MAYO ...........................................................................Journal Clerk
COBB COUNTY
BOBBIE JOHNSON.........................................Assistant Clerk for Enrolling
GWINNETT COUNTY
BARBARA B. SMITH .................Assistant Clerk for Information Systems
DOUGLAS COUNTY
CHRISTEL RAASCH .....................Assistant Clerk for Public Information
DeKALB COUNTY
ARTHUR VINING..................Assistant Clerk for Printing & Distributing
NEWTON COUNTY
CAROLYNNORRIS.................................................................Calendar Clerk
DeKALB COUNTY
CICERO LUCAS..................Assistant Clerk for Administrative Assistance
GWINNETT COUNTY

MONDAY, JANUARY 9, 1995

HOUSE JOURNAL

Representative Hall, Atlanta, Georgia Monday, January 9, 1995

The Representatives-elect of the General Assembly of Georgia for the years 1995-1996 met pursuant to law in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by Robert E. Rivers, Jr., Clerk of the House of Representatives.

Prayer was offered by the Reverend John R. Huggins, First United Methodist Church, Bremen, Georgia.

The members pledged allegiance to the flag.

The following communication from the Honorable Max Cleland, Secretary of State, certifying the Representatives-elect for the years 1995-1996, was received and read:

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached 180 pages of typewritten matter constitute a true and correct copy of the votes cast for the office of State Representative in the General Assembly of Georgia in the 1994 General Election held on November 8, 1994; all as the same appear of file and record in this office.

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

(SEAL)

/s/ Max Cleland Secretary of State

District 1 District 2 District 3 District 4 District 5 District 6 District 7 District 8 District 9 District 10 District 11 District 12 District 13

Brian D. Joyce Mike Snow Ken Poston Gregg Kinnamon Harold Mann Jerry L. Lifsey Ben N. Whitaker Ralph Twiggs Ben Purcell Tom E. Shanahan Tim Perry Paul E. Smith E. M. Childers

District 14 District 15 District 16 District 17 District 18 District 19 District 20 District 21 District 22 District 23 District 24 District 25 District 26 District 27 District 28 District 29 District 30 District 31 District 32 District 33 District 34 District 35 District 36 District 37 District 38 District 39 District 40 District 41 District 42 District 43 District 44 District 45 District 46 District 47 District 48 District 49 District 50 District 51 District 52 District 53 District 54 District 55 District 56 District 57 District 58 District 59 District 60 District 61 District 62 District 63 District 64 District 65
District 66
District 67
District 68
District 69
District 70

JOURNAL OF THE HOUSE,
Jeff Lewis Garland Pinholster Steve Stancil Melanie Harris Thomas B. Murphy Clint Smith Carl Rogers James Mills Jeanette Jamieson Alan T. Powell John Scoggins Tommy Stephenson Charlie Watts Bill Cummings Mike A. Evans Randy Sauder Matthew A. Towery Lynda Coker Jim Woods Roy E. Barnes John J. Wiles George H. Grindley Earl Ehrhart Mitchell Kaye Kem Shipp Kip Klein Don L. Parsons Mark Burkhalter Tom Campbell Dorothy Felton Sharon R. Trense Bob Irvin Kathy Ashe Jim Martin Grace W. Davis Pamela A. Stanley Lanett Stanley J. E. McKinney Henrietta Canty Bob Holmes Tyrone Brooks Joe Heckstall Nan Grogan Orrock G. T. Sinkfield Sharon Teague Bart Ladd Max Davis Doug Teper Tom Sherrill Betty Jo Williams Tom Lawrence Michele Henson
June Hegstrom Mike Polak
JoAnn McClinton Barbara J. Mobley Thurbert E. Baker

District 71 District 72 District 73 District 74 District 75 District 76 District 77 District 78 District 79 District 80 District 81 District 82 District 83 District 84 District 85 District 86 District 87 District 88 District 89 District 90 District 91 District 92 District 93 District 94 District 95 District 96 District 97 District 98 District 99 District 100 District 101 District 102 District 103 District 104 District 105 District 106 District 107 District 108 District 109 District 110 District 111 District 112 District 113 District 114 District 115 District 116 District 117 District 118 District 119 District 120 District 121 District 122
District 123
District 124
District 125
District 126
District 127

MONDAY, JANUARY 9, 1995
Vernon Jones Mamie M. Randolph H. E. Turnquest Barbara J. Bunn Earl L. O'Neal Scott Dix Charles Bannister Ronald A. Crews Bill Goodwin Brooks P. Coleman Ralph L. Johnston Vinson Wall Jeffrey Williams Jere W. Johnson Keith Breedlove John O. Mobley Len Walker Louise McBee Keith G. Heard Tom McCall Frank E. Stancil Denny M. Dobbs Frank I. Bailey William J. Lee Gail M. Buckner Jimmy W. Benefield Gail Johnson Bill Hembree Bob Snelling Tracy Stallings John Simpson Vance Smith, Jr. Donna S. Brooks Lynn Westmoreland Dan Lakly John Yates Bill Sanders Leland Maddox Larry Smith Curtis S. Jenkins R. M. Channell B. Joseph Brush Ben L. Harbin Robin Williams Jack Connell Bettieanne Hart George M. Brown Henry Howard George L. DeLoach Emory E. Bargeron Jimmy Lord Bobby E. Parham
Kenneth Birdsong
David E. Lucas Sharon J. Falls Robert Reichert
William C. Randall

JOURNAL OF THE HOUSE,

District 128 District 129 District 130 District 131 District 132 District 133 District 134 District 135 District 136 District 137 District 138 District 139 District 140 District 141 District 142 District 143 District 144 District 145 District 146 District 147 District 148 District 149 District 150 District 151 District 152 District 153 District 154 District 155 District 156 District 157 District 158 District 159 District 160 District 161 District 162 District 163 District 164 District 165 District 166 District 167 District 168 District 169 District 170 District 171 District 172 District 173 District 174 District 175 District 176 District 177 District 178 District 179 District 180

Robert Ray Robert M. Crawford Jeff Brown Carl Von Epps Ronnie Culbreth Carolyn F. Hugley Maretta M. Taylor Thomas B. Buck, III Calvin Smyre Jimmy Skipper
Johnny W. Floyd Roy H. Watson Lynmore James Larry Walker
Terry L. Coleman
Dubose Porter Larry J. Parrish John F. Godbee Bob Lane Ann R. Purcell Regina Thomas Dorothy B. Pelote Sonny Dixon
Tom Bordeaux Anne Mueller Burke Day Terry Barnard Fisher Barfoot
Newt Hudson Ray Holland Gerald E. Greene Bob Hanner Cathy Cox John White Lawrence Roberts Tommy Chambless A. Richard Royal Henry Bostick Hanson Carter Van Streat, Jr. Harry D. Dixon
Tommy Smith
Roger C. Byrd Hinson Mosley Buddy DeLoach E. C. Tillman Willou Smith Charlie Smith, Jr. Jay Shaw Tim Golden Henry L. Reaves Kermit F. Bates Theo Titus

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

Ashe
Bailey Baker

Bannister
Barfoot Bargeron

Barnard Barnes Bates

Benefield Birdsong Bordeaux

Bostick Breedlove Brooks, D

MONDAY, JANUARY 9, 1995

Brooks, T
Brown, G
Brown, J
Brush
Buck Buckner
Bunn Burkhalter Byrd
Campbell Canty Carter Chambless Channell
Childers Coker Coleman, B Coleman, T Connell Cox Crawford Crews Culbreth Cummings Davis, G Davis, M Day
DeLoach, B
DeLoach, G
Dix Dixon, H Dixon, S Dobbs

Ehrhart
Epps Evans Falls Felton Floyd Godbee
Golden
Goodwin Greene
Grindley
Hanner
Harbin
Harris
Hart Heard Heckstall Hegstrom Hembree Henson Holland Holmes
Howard
Hudson
Hugley
Irvin James Jamieson Jenkins Johnson, G Johnson, J Johnston
Jones

Joyce Kaye
Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord
Lucas Maddox
Mann
Martin McBee McCall McClinton
McKinney Mills Mobley, B
Mobley, J Mosley Mueller O'Neal
Orrock
Parham
Parrish
Parsons
Pelote
Perry
Pinholster

Polak
Porter
Poston
Powell
Purcell, A
Purcell, B Kandall Randolph Ray Reaves
Reichert
Roberts Rogers
Royal Sanders Sauder Scoggins Shanahan Shaw Sherrill
Shipp
Simpson Sinktield Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V Smith, W Smyre Snelling

Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P
Stephenson Streat Taylor Teague Teper Thomas
Tillman Titus Towery
Trense Turnquest Twiggs
Walker, L
Walker, R.L
Wall
Watson
Watts
Westmoreland Whitaker
White
Wiles
Williams, B
Williams, J
Williams, R
Woods Yates Murphy, Spkr

The following oath of office was administered to the Representatives-elect by Judge Dorothy T. Beasley, Chief Judge, Georgia Court of Appeals.

I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States and, on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State.
I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the Communist Party.
So help me God.

The next order of business being the election of the Speaker of the House for the 1995-1996 term, Representative Walker of the 141st placed in nomination the name of the Honorable Thomas B. Murphy of the 18th, which nomination was seconded by Representative Heard of the 89th.

Representative Campbell of the 42nd placed in nomination the name of of the Honorable Robert A. Irvin of the 45th, which nomination was seconded by Representative Smith of the 102nd.

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

The election of the Speaker was ordered on the roll call machine. Those voting for Representative Murphy voted "aye". Those voting for Representative Irvin voted "nay".

JOURNAL OF THE HOUSE, The vote was as follows:

N Ashe Y Bailey Y Baker N Bannister
Y Barfoot Y Bargeron N Barnard
Y Barnes Y Bates
Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T N Brown, G N Brown, J N Brush YBuck Y Buckner N Bunn N Burkhalter
YByrd N Campbell
Canty Y Carter Y Chambless Y Channell Y Childers N Coker N Coleman, B Y Coleman, T Y Connell YCox N Crawford

N Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M N Day
N DeLoach, B DeLoach, G
NDix
Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd
Y Godbee Y Golden N Goodwin Y Greene N Grindley Y Manner N Harbin N Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson

Y Hugley N Irvin Y James
Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee Y Lewis N Lifsey Y Lord Y Lucas
N Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney
N Mills Y Mobley, B Y Mobley, J
Y Mosley N Mueller Y O'Neal Y Orrock

Y Parharn Y Parrish N Parsons Y Pelote Y Perry N Pinholster
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 Rogers Y Royal
N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W Y Smyre N Snelling YSnow Y Stallings
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 N Titus
N Towery N Trense
Turnquest Y Twiggs Y Walker, L N Walker, R.L N Wall Y Watson Y Watts N Westmorland Y Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates Y Murphy, Spkr

On the election of the Speaker, the Honorable Thomas B. Murphy received 112 votes and the Honorable Robert A. Irvin received 65 votes.

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

Representative Brown of the 117th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Due to a mechanical malfunction, the vote of Representative DeLoach of the 119th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Chair appointed as a Committee to escort the Speaker to the Speaker's stand the following members:
Representatives Snow of the 2nd, Pelote of the 149th, Bostick of the 165th, Culbreth of the 132nd, Barnes of the 33rd, Shanahan of the 10th, Channell of the lllth and Henson of the 65th.

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

The next order of business being the election of a Clerk of the House for the 1995-1996 term, Representative Cummings of the 27th placed in nomination the name of

MONDAY, JANUARY 9, 1995

7

the Honorable Robert E. Rivers, Jr. of Haralson County, as Clerk, which nomination was seconded by Representative Trense of the 44th.
Representative Walker of the 141st moved that the nominations be closed and that the Deputy Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Clerk of the House, the Honorable Robert E. Rivers, Jr. of Haralson County received 180 votes, being the entire vote of the membership present.
The Honorable Robert E. Rivers, Jr. was thereby declared elected Clerk of the House for the ensuing term.

The Chair appointed as a Committee to escort the Clerk to the Speaker's stand the following members:
Representatives Taylor of the 134th, Baker of the 70th, Skipper of the 137th, Porter of the 143rd, Harris of the 17th, Coleman of the 142nd, Burkhalter of the 41st and Twiggs of the 8th.

The following oath of office was administered to the Honorable Robert E. Rivers, Jr., Clerk of the House, by Thomas B. Murphy, Speaker of the House of Representatives:
I hereby swear that I will discharge the duties of the office of the Clerk of the House of Representatives, faithfully and to the best of my skill and knowledge. I further swear that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the government of the United States, nor of any one of the several states, nor of any foreign state, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia; and that I am not a member of the communist party.
So help me God.
The Clerk addressed the House expressing his appreciation to the members for having elected him Clerk of the House of Representatives.

The next order of business being the election of a Speaker Pro Tern for the House for the 1995-1996 term, the name of the Honorable Jack Connell of the 115th was placed in nomination by Representative Chambless of the 163rd, which nomination was seconded by Representative Stanley of the 50th.

Representative Ladd of the 59th placed in nomination the name of the Honorable Earl Ehrhart of the 36th, which nomination was seconded by Representative Ashe of the 46th.

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

The election of the Speaker Pro Tern was ordered on the roll call machine. Those voti"nngayf"o.r Representative Connell voted "aye". Those voting for Representative Ehrhart voted
The vote was as follows:

N Ashe Y Bailey Y Baker

N Bannister Y Barfoot Y Bargeron

N Barnard Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick N Breedlove N Brooks, D

JOURNAL OF THE HOUSE,

Brooks, T Y Brown, G N Brown, J
Brush YBuck Y Buckner N Bunn N Burkhalter
YByrd N Campbell
Y Canty Y Carter Y Chambless Y Channell
Y Childers N Coker N Coleman, B
Y Coleman, T Y Connell YCox N Crawford N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
N Day N DeLoach, B Y DeLoach, G NDix Y Dixon, H Y Dixon, S
Y Dobbs

N Ehrhart YEpps N Evans N Falls N Felton Y Floyd Y Godbee Y Golden N Goodwin
Y Greene N Grindley Y Hanner N Harbin N Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hugley N Irvin
Y James Y Jamieson
Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones

N Joyce N Kaye Y Kinnamon N Klein N Ladd N Lakly Y Lane N Lawrence Y Lee Y Lewis N Lifsey YLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J
Y Mosley N Mueller
Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster

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 Rogers Y Royal
N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V
N Smith, W Y Smyre N Snelling

YSnow Y Stallings 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 N Titus N Towery N Trense
Turnquest Y Twiggs
Y Walker, L N Walker, R.L N Wall
Y Watson Y Watts N Westmorland N Whitaker Y White N Wiles N Williams, B N Williams, J
Williams, R N Woods N Yates
Murphy, Spkr

On the election of the Speaker Pro Tern, the Honorable Jack Connell received 112 votes and the Honorable Earl Ehrhart received 63 votes.

The Honorable Jack Connell of the 115th, having received the majority of the votes cast, is thereby declared elected Speaker Pro Tern of the House for the ensuing term.

The Speaker appointed as a committee to escort the Speaker Pro Tern to the Speaker's stand the following members:
Representatives Smith of the 169th, Heard of the 89th, Kinnamon of the 4th, Holmes of the 53rd, Watts of the 26th, Watson of the 139th, Buckner of the 95th and Dixon of the 168th.

The Honorable Jack Connell of the 115th was escorted to the Speaker's stand where he addressed the House expressing his appreciation to the members for having elected him as Speaker Pro Tern of the House of Representatives.

The next order of business being the election of a Messenger of the House for the 1995-1996 term, Representative Watts of the 26th placed in nomination the name of the Honorable Elmore C. Thrash of Lowndes County, which nomination was seconded by Representative Cox of the 160th.

Representative Walker of the 141st moved that the nominations be closed and the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Messenger of the House, the Honorable Elmore C. Thrash of Lowndes County received 180 votes, being the entire vote of the membership present.

The Speaker appointed as a committee to escort the Messenger to the Speaker's stand the following members:

MONDAY, JANUARY 9, 1995

9

Representatives Reaves of the 178th, Golden of the 177th, Shaw of the 176th, Streat
of the 167th, Smith of the 174th, Hudson of the 156th, Heard of the 89th and Carter of the 166th.

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

The next order of business being the election of a Doorkeeper of the House for the 1995-1996 term, Representative Childers of the 13th placed in nomination the name of the Honorable Ward Edwards, which nomination was seconded by Representative Ray of the 128th.

Representative Walker of the 141st moved that the nominations be closed and that the Clerk of the House be instructed to cast the entire vote of the membership present for the nominee. The motion prevailed and on the election of the Doorkeeper of the House, the Honorable Ward Edwards received 180 votes, being the entire vote of the membership present.

The Honorable Ward Edwards was thereby declared elected Doorkeeper of the House for the ensuing term.

The Speaker appointed as a committee to escort the Doorkeeper to the Speaker's stand the following members:
Representatives Greene of the 158th, Hanner of the 159th, Bostick of the 165th, Stancil of the 91st, Dixon of the 150th, Snow of the 2nd, Benefield of the 96th, Lane of the 146th, James of the 140th and Williams of the 63rd.

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

The following Resolutions of the House were read and adopted:

HR 13. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th

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

HR 14. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th
A RESOLUTION
Relative to officials, employees, and committees in the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the following provisions shall be in effect during the 1995 regular session of the General Assembly of Georgia and until otherwise provided for by resolution of the House:

10

JOURNAL OF THE HOUSE,

Part 1.
SECTION 1-1. Subject to the availability of funds appropriated or otherwise available for the House of Representatives and House Research Office, the Speaker of the House is authorized to employ on behalf of the House of Representatives: a sergeant-at-arms, a postmaster or postmistress, assistant postmasters or assistant postmistresses, assistant doorkeepers, pages, aides, secretaries, stenographers, typists, clerks, porters, court reporters, consultants, and other necessary personnel; and the Speaker is authorized to provide for a House Research Office and to employ personnel for said office. The numbers and compensation of personnel so employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the House of Representatives and the House Research Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker; and any such personnel may be assigned to House officers, committees, committee officers, caucuses, and caucus officers as deemed appropriate by the Speaker, including without limitation assignment of aides to the Speaker Pro Tempore, the Majority Leader, and the Minority Leader.
SECTION 1-2. The Speaker is also authorized to secure the services of chaplains and interns and provide expense reimbursement allowances for them within the limitations of funds appropriated or otherwise available.
SECTION 1-3. The Doorkeeper of the House and the Messenger of the House, who are elected by the House, shall be compensated in an amount to be fixed by the Speaker of the House.
Part 2.
SECTION 2-1. Subject to the availability of funds appropriated or otherwise available for the Clerk of the House's Office, the Clerk of the House is authorized to employ for the Clerk's office: assistant clerks, reading clerks, calendar clerks, journal clerks, secretaries, copy readers, typists, Multilith operators, Xerox operators, collator operators, porter-machinists, roll-call operators, clerical assistants, terminal operators, camera operators, supply and mail clerks, document distributors, audio operators, porters, personnel to distribute bills and other materials for members, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Clerk within the limitations of funds appropriated or otherwise available for the operation of the Clerk of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis, as may be determined by the Clerk. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Clerk.
SECTION 2-2. Pursuant to the provisions of Code Section 28-3-23 of the Official Code of Georgia Annotated, the salary of the Clerk of the House shall be the same amount he was receiving at the time of adoption of this resolution by the House. In addition to that amount, he shall also receive the same percentage salary increase provided in the General Appropriations Act for employees of the executive, judicial, and legislative branches of state government. During his tenure of office, he shall also receive the same expense allowance and the same mileage allowance or travel allowance as received by members of the General Assembly for each day of service rendered by him.
Part 3.
SECTION 3-1. Subject to the availability of funds appropriated or otherwise available for the operation of the Speaker of the House's Office, the Speaker of the House is authorized to employ

MONDAY, JANUARY 9, 1995

11

in his office interns, aides, secretaries, stenographers, typists, consultants, and other necessary personnel. The numbers and compensation of personnel employed pursuant to this section shall be fixed by the Speaker within the limitations of funds appropriated or otherwise available for the operation of the Speaker of the House's Office. Personnel employed pursuant to this section may be employed on a permanent or temporary basis and on a part-time or full-time basis as may be determined by the Speaker. The assignment and duties of personnel employed pursuant to this section shall be as determined by the Speaker.
Part 4.
SECTION 4-1. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each of the following officers shall be a committee of one for each day spent on official business: The Speaker of the House, the Speaker Pro Tempore, the Majority Leader, the Majority Whip, the Minority Leader, the Minority Whip, the Administration Floor Leader, and the Assistant Administration Floor Leaders. For each such day spent on official business each of such officers shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees, provided that the Assistant Administration Floor Leaders shall receive such expense, mileage, and travel allowances only upon the authorization and approval of vouchers by the Administration Floor Leader.
SECTION 4-2. During any day or period of time during which the General Assembly is not in session, including without limitation any day or period of adjournment during a regular or special session, each member of the House of Representatives is designated as a committee of one for the purpose of carrying out legislative duties only within the State of Georgia. For each such day of service, each member shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees but shall not receive the same for more than seven days each year.
SECTION 4-3. Pursuant to the provisions of law, in addition to any other compensation they receive as members of the General Assembly, the Majority Leader, the Minority Leader, and the Administration Floor Leader each shall receive an amount of $2,400.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Bach of the Assistant Administration Floor Leaders shall likewise receive an amount of $1,200.00 per annum, as salary, to be paid in equal monthly or semimonthly installments. Prior to serving as Administration Floor Leader or as an Assistant Administration Floor Leader, a Representative must be certified as such by the Governor in writing to the Speaker of the House and the Clerk of the House.
PartS.
SECTION 5-1. During any period or day of adjournment during a regular or special session, the Speaker is empowered to give authorization for standing committees of the House and such other committees as he might create to remain at the Capitol during any such period of time for the purpose of considering and studying proposed legislation and other matters. Members of such committees as shall be designated by the Speaker to remain at the Capitol shall receive the expense, mileage, and travel allowances authorized by law for members of interim committees.
SECTION 5-2. The Speaker is authorized to appoint committees from the members of the House to serve as interim legislative study committees and for the purpose of performing such duties as the Speaker shall deem necessary. Such committees are authorized to serve during the interim and the members thereof shall receive the expense, mileage, and travel allowances

12

JOURNAL OF THE HOUSE,

authorized by law for legislative members of interim legislative committees. The Speaker shall designate the chairman of any such committee and shall prescribe the time for which any such committee is authorized to function. The Speaker is authorized to extend the time allowed for any committee, whether the committee is created by resolution or by the Speaker. The Speaker is authorized to designate standing committees or any subcommittee thereof to function during the interim for the purpose of performing such duties as the Speaker shall deem necessary. The members of any such committee or subcommittee shall receive the expense, mileage, and travel allowances authorized by law for legislative members of interim legislative committees.
Part6.
SECTION 6-1. The funds necessary to carry out the provisions of Parts 1, 4, and 5 of this resolution shall come from funds appropriated or otherwise available for the operation of the House of Representatives and House Research Office. The funds necessary to carry out the provisions of Part 2 of this resolution shall come from funds appropriated or otherwise available for the operation of the Clerk of the House's Office. The funds necessary to carry out the provisions of Part 3 of this resolution shall come from funds appropriated or otherwise available for the operation of the Speaker of the House's Office.
SECTION 6-2. Any personnel employed pursuant to this resolution shall serve at the pleasure of the appointing authority; and any such personnel may be discharged by the appointing authority with or without cause.
SECTION 6-3. This resolution shall take effect immediately upon its adoption by the House of Representatives.

HR 15. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that His Excellency, Governor Zell Miller, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Thursday, January 12, 1995, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the hall of the House of Representatives.

HR 16. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th
A RESOLUTION
Inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor; and for other purposes.

MONDAY, JANUARY 9, 1995

13

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Justices of the Supreme Court and the Judges of the Court of Appeals are hereby extended an invitation to be present at a joint session of the House of Representatives and the Senate which will be held in the hall of the House of Representatives at 10:45 A.M., Thursday, January 12, 1995, to hear an address by His Excellency, the Governor.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby instructed to transmit a copy of this resolution to each Justice of the Supreme Court and to each Judge of the Court of Appeals.

HR 17. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Honorable Willis B. Hunt, Jr., Chief Justice of the Supreme Court, is hereby invited to address a joint session of the House of Representatives and the Senate at 11:00 A.M., Wednesday, January 11, 1995, in the hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the hall of the House of Representatives at 10:45 A.M. on the aforesaid date for the purpose of hearing an address from Chief Justice Hunt.
BE IT FURTHER RESOLVED that each other Justice of the Supreme Court and each Judge of the Court of Appeals is hereby invited to the hall of the House of Representatives for the purpose of hearing the address from Chief Justice Hunt.
BE IT FURTHER RESOLVED that the Clerk of the House is authorized and directed to transmit appropriate copies of this resolution to the Chief Justice, to each other Justice of the Supreme Court, and to each Judge of the Court of Appeals.

The following Resolution of the House was read:

HR 18. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Friday, January 13, 1995, and shall reconvene on Monday, January 23, 1995.
BE IT FURTHER RESOLVED that for the duration of the remainder of the 1995 session of the General Assembly until its adjournment sine die, unless otherwise provided by resolution of the General Assembly, the General Assembly shall adjourn at 5:00 P.M. on each Friday on which the General Assembly is in session and shall reconvene on the Monday next following.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on each such Monday may be as ordered by the Senate; and the hour for convening the House on each such Monday may be as ordered by the House.

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

14

JOURNAL OF THE HOUSE,

Y Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox
Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McCall Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

On the adoption of the Resolution, the ayes were 173, nays 0. The Resolution was adopted.

Y Smith, W Smyre
Y Snelling Snow
Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus
Towery
Y Trense Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

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

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

SR 6. By Senators Ray of the 19th and Perdue of the 18th:
A resolution to notify the House of Representatives that the Senate has convened.

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

SR 8. By Senators Ray of the 19th and Perdue of the 18th: A resolution to notify the Governor that the General Assembly has convened.

The President appointed as a Committee of Escort on the part of the Senate the following:
Senators Brown of the 26th, Middleton of the 50th, Perdue of the 18th, Ralston of the 51st, Stokes of the 43rd, Taylor of the 12th, and Tysinger of the 41st.

MONDAY, JANUARY 9, 1995

15

SR 9. By Senators Ray of the 19th and Perdue of the 18th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of the Inaugurating the Honorable Zell Miller as Governor and the Honorable Pierre Howard as Lieutenant Governor.

The following Resolution of the House was read:

HR 19. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th

A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjournment of the regular 1994 session of the General Assembly are hereby adopted as the Rules of the House of Representatives for the regular 1995 session and for the duration of this General Assembly, until and unless otherwise provided by resolution of the House of Representatives.

Representative Walker of the 141st moved that the House adopt the Resolution and refer all rule changes introduced to the Committee on Rules.

Representative Irvin of the 45th moved that the House read the Resolution and consider all the rule changes today.
On the motion by Representative Irvin of the 45th, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove
Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless N Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox Y Crawford

Y Crews
N Culbreth N Cummings N Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls
Y Felton N Floyd
N Godbee N Golden Y Goodwin N Greene Y Grindley N Hanner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins Y Johnson, G Y Johnson,J
Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas
Y Maddox YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak
Porter Y Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper
Thomas N Tillman Y Titus
Towery
Y Trense N Turnquest
N Twiggs N Walker, L Y Walker, R.L Y Wall
N Watson N Watts Y Westmorland N Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

16

JOURNAL OF THE HOUSE,

On the motion, the ayes were 65, nays 110. The motion was lost.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard
Y Barnes Y Bates Y Benefield
Y Birdsung Y Bordeaux Y Bostick Y Breedluve N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush Y Buck Y Buckner N Bunn N Burkhalter
YByrd N Campbell
Y Canty Y Carter Y Chambless Y Channell
Y Childers N Coker N Coleman, B
Y Coleman, T Y Connell YCox N Crawiord

N Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M N Day Y DeLoach, B Y DeLoach, G NDix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd Y Godbee Y Golden N Goodwill Y Greene N Grindley Y Hanner N Harbin N Harris
Y Hart Y Heard Y Heckstall
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson

Y Hugley N Irvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce
N Kaye Y Kinnamon N Klein
NLadd N Lakly YLane N Lawrence YLee Y Lewis N Lifsey Y Lord Y Lucas N Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney
N Mills Y Mobley, B
Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock

Y Parham
Y Parrish N Parsons Y Pelote Y Perry N Pinholster 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 Rogers Y Royal
N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T
N Smith, V

On the adoption of the Resolution, the ayes were 117, nays 60. The Resolution was adopted.

N Smith, W
Y Smyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor
Y Teague Y Teper
Thomas
Y Tillman N Titus
Towery N Trense Y Turnquest Y Twiggs Y Walker, L
N Walker, R.L Y Wall Y Watson Y Watts N Westmorland Y Whitaker
Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The following Resolution of the Senate was read and adopted:

SR 8. By Senators Ray of the 19th and Perdue of the 18th: A resolution to notify the Governor that the General Assembly has convened.

The Speaker appointed as a Committee of Escort on the part of the House the following members:
Representatives Barfoot of the 155th, Greene of the 158th, Epps of the 131st, Polak of the 67th, Baker of the 70th, Orrock of the 56th and Lee of the 94th.

The following Resolution of the Senate was read and adopted:

SR 9. By Senators Ray of the 19th and Perdue of the 18th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of the Inaugurating the Honorable Zell Miller as Governor and the Honorable Pierre Howard as Lieutenant Governor.

MONDAY, JANUARY 9, 1995

17

The Speaker announced the House would be in recess until the hour of convening the Joint Session, pursuant to SR 9.

The hour of convening the Joint Session pursuant to SR 9 having arrived, the members of the House and Senate met for the purpose of inaugurating the Honorable Zell Miller as Governor and the Honorable Pierre Howard as Lieutenant Governor.

The inaugural program was as follows:

1995 Inauguration
(SEAL)
Zell Miller Governor
Pierre Howard Lieutenant Governor

The Inauguration of the Governor of Georgia January 9, 1995

Zell Miller GOVERNOR OF GEORGIA

Zell Miller was born and grew up in the little mountain village of Young Harris, Georgia. His father died when he was seventeen days old and his mother, Birdie, raised him and his older sister, Jane. He graduated from Young Harris College, then received his A.B., M.A. and completed two years work on his Ph.D. at the University of Georgia. He interrupted college to enlist in the U.S. Marine Corps and served three years. He was a sergeant and an expert rifleman.
Miller has dedicated his professional life to educating young Georgians and public service. Before and during his political career, Miller was a teacher at Young Harris College, Emory University, the University of Georgia and DeKalb College. He has written three books. His public career includes service at virtually every level of government. He served as Mayor of Young Harris, in the Georgia State Senate, and was Georgia's Lieutenant Governor from 1974 until he was elected Georgia's 79th Governor in 1990.
As Governor, Miller has initiated a far reaching agenda that includes the toughest crime package and the most progressive education initiatives in the nation. Taking office in the middle of a national recession, Miller cut state spending by almost $700 million. Georgia rebounded and has since become the fastest growing state east of the Rockies and has secured its position as the leader of the new South.
His aggressive and visionary education agenda reflects a heartfelt and life-long commitment to Georgia's children. As Governor, Miller created the unique HOPE scholarship program, the most far-reaching scholarship program in America. Presently, it is assisting more than 62,000 students in Georgia's colleges and technical schools. Governor Miller also started a voluntary pre-kindergarten program for at-risk four-year-olds. And he has put the latest computers, satellite dishes and media center equipment into every one of the state's 1,845 public schools.
Governor Miller successfully passed "Two Strikes and You're Out" law which sets tougher sentences for violent criminals and mandates life without parole for those convicted of a second violent offense. Miller opened more prisons than any governor in

18

JOURNAL OF THE HOUSE,

Georgia's history and ended the state's early release program. Over 100,000 acres have been set aside as natural and recreational areas under his Preservation 2000 program.
Honored by his colleagues, Governor Miller has served as chairman of the following associations: the Southern Governor's Association, the Southern Growth Policies Board, the Southern Region Educational Board, the Appalachian Regional Commission and the Council of the State Governments. He also keynoted the Democratic National Convention in New York in 1992.
Zell Miller is married to the former Shirley Carver, who as First Lady, has become Georgia's chief spokesperson for adult literacy. The Miller Family includes Murphy and his wife Susan; Matt and his wife Katie; grandsons Justin, Drew and Bryan; granddaughter Asia, her husband Shane Martin and baby Jacob.
Pierre Howard LIEUTENANT GOVERNOR OF GEORGIA
Pierre Howard, the ninth Lieutenant Governor of Georgia, was born on February 3, 1943, in Decatur, Georgia, the son of Pierre and Caroline Howard. After graduation from Decatur High School, he attended the University of Georgia where he graduated Phi Beta Kappa in 1965, and hereafter he attended the University of Georgia School of Law, graduating in 1968. He was captain of the Georgia tennis team under the legendary Dan Magill who brought him to the University in 1961 as a scholarship athlete. He was active on campus, serving as President of the SAE fraternity, President of ODK and gaining recognition as the outstanding Freshman, Sophmore and Junior at the University.
Four years after beginning the practice of law in Decatur, Pierre was elected to the State Senate from the 42nd District after a long door-to-door campaign. He served eight years as assistant floor leader to Governor George Busbee and for sixteen years as Chairman of the Human Resources Committee.
In 1974, Pierre married Nancy Elizabeth Barnes, the daughter of Emmett Barnes, III and Nancy Elder Barnes of Macon, Georgia. They are the proud parents of Christopher Barnes Howard, age 8, and Caroline Hill Howard, age 7.
In assuming the office of Lieutenant Governor, Pierre follows in the footsteps of his great-great grandfather, U.S. Senator Benjamin Harvey Hill, his grandfather, U.S. Representative William Schley Howard of Georgia's Fifth District (1910-1918), and his father, State Representative Pierre Howard of Decatur.
Pierre Howard was elected to a second term on November 8, 1994.

Inaugural Program
January 9, 1995 Atlanta Civic Center, Atlanta, Georgia
2:00 p.m.
BAND SELECTION ...............................................................United States Marine Corps Band Marine Corps Logistics Base, Albany, Georgia
JOINT SESSION ....................call to order by THE HONORABLE THOMAS B. MURPHY Speaker, House of Representatives
PRESENTATION OF THE COLORS (Please Stand)......................................................................Georgia National Guard Color Guard
THE NATIONAL ANTHEM................................................United States Marine Corps Band
INVOCATION...........................................THE REVEREND DOCTOR SPENSER SIMRILL St. Luke's Episcopal Church, Atlanta, Georgia
RECOGNITION OF STATE OFFICIALS AND DISTINGUISHED GUESTS ............................THE HONORABLE THOMAS B. MURPHY

MONDAY, JANUARY 9, 1995

19

BATTLE HYMN OF THE REPUBLIC......................................................ZELDA KENNEDY
PRAYER FOR THE STATE AND NATION .......................THE REVEREND DON HARP Peachtree Road United Methodist Church, Atlanta, Georgia
DELIVERY OF GREAT SEAL OF GEORGIA TO GOVERNOR.................................THE HONORABLE MAX CLELAND,
Secretary of State
ADMINISTRATION OF OATH OF OFFICE TO GOVERNOR................................................THE HONORABLE CAROL W. HUNSTEIN
Justice, Supreme Court of Georgia
HONORS - 19 GUN SALUTE...............................................................Georgia National Guard

DELIVERY OF GREAT SEAL OF GEORGIA TO SECRETARY OF STATE.........................................THE HONORABLE ZELL MILLER
Governor
INAUGURAL ADDRESS.................................................THE HONORABLE ZELL MILLER
ADMINISTRATION OF OATH OF OFFICE TO LIEUTENANT GOVERNOR.....................THE HONORABLE LAWTON STEPHENS
Superior Court Judge, Western Judicial Circuit
ADDRESS....................................................................THE HONORABLE PIERRE HOWARD Lieutenant Governor
ADMINISTRATION OF OATH OF OFFICE TO THE CONSTITUTIONAL OFFICERS..................THE HONORABLE ZELL MILLER
BENEDICTION....................................................................THE REVEREND JERRY BLACK Beulah Baptist Church, Atlanta, Georgia
DISSOLUTION OF JOINT SESSION...................THE HONORABLE PIERRE HOWARD

Zell Miller Governor
Pierre Howard Lieutenant Governor
Max Cleland Secretary of State
Michael J. Bowers Attorney General

Constitutional Officers
Tommy Irvin Commissioner of Agriculture
John W. Oxendine Commissioner of Insurance
Linda C. Schrenko State School Superintendant
David Poythress Commissioner of Labor

Bob Durden Chairman

Public Service Commissioners
David N. Baker Robert B. Baker, Jr. Mac Barber Stan Wise

20

JOURNAL OF THE HOUSE,

Willis B. Hunt, Jr. Chief Justice
Robert Benham Presiding Justice
Norman S. Fletcher Justice
Leah J. Sears Justice
Dorothy T. Beasley Chief Judge
William LeRoy McMurray, Jr. Presiding Judge
A.W. Birdsong, Jr. Presiding Judge
Marion T. Pope, Jr. Presiding Judge
Gary B. Andrews Judge
Ralph David Abernathy III Don Balfour John Black Peg Blitch Edward E. Boshears Rooney L. Bowen Paul C. Broun Robert Brown Joe Burton Casey Cagle Don Cheeks Charles C. Clay Mike Crotts Clinton M. Day Nathan Dean Arthur B. Edge IV Michael J. Egan Steve Farrow Hugh Gillis Pam Glanton Edward A. Gochenour Floyd L. Griffin, Jr. A.C. Guhl Ed Harbison Steve Henson Jack Hill George Hooks Johnny Isakson

Supreme Court Carol W. Hunstein Justice
Hugh P. Thompson Justice
George H. Carley Justice
Court of Appeals Edward H. Johnson Judge
C. Alan Blackburn Judge
j.D. Smith Judge
John H Ruffinj Jr judge
Georgia State Senate Pierre Howard
Lieutenant Governor
Donzella J. James Eric Johnson Diane Harvey Johnson Rene D. Kemp Clay Land Steve Langford Eddie Madden Richard 0. Marable Perry McGuire Guy Middleton Sallie Newbill Mary Margaret Oliver Sonny Perdue G.B. Pollard, Jr. Harold J. Ragan Hugh A. Ragan David Ralston Walter S. Ray David Scott Ron Slotin Terrell A. Starr Connie Stokes Mark Taylor Nadine Thomas Steve Thompson Loyce W. Turner James W. Tysinger Charles W. Walker

MONDAY, JANUARY 9, 1995

21

Kathy B. Ashe Frank I. Bailey, Jr. Thurbert E. Baker Charles E. Bannister Fisher Barfoot Emory E. Bargeron Terry Barnard Roy E. Barnes Kermit F. Bates, Jr. Jimmy W. Benefield Kenneth W. Birdsong Tom Bordeaux Henry Bostick Keith Breedlove Tyrone Brooks Donna Staples Brooks George M. Brown Jeff Brown B. Joseph Brush Thomas B. Buck III Gail M. Buckner
Barbara J. Bunn Joseph Mark Burkhalter
Roger C. Byrd Tom Campbell, Jr.
Henrietta Mathis Canty Hanson Carter
Tommy Chambless Robert M. Channell
E.M. Childers
Lynda Coker Brooks P. Coleman, Jr.
Terry L. Coleman Jack Connell Lera Catharine Cox
Robert M. Crawford
Ronald A. Crews Max Ronald Culbreth, Jr.
Bill Cummings Grace W. Davis
Max Davis Burke Day
George L. DeLoach Buddy DeLoach Scott Dix
John A. Dixon Harry D. Dixon
Denny M. Dobbs Earl Ehrhart
Carl Epps Mike Evans Sharon Falls

Georgia House of Representatives

Thomas B. Murphy Speaker

Dorothy Felton Johnny W. Floyd John F. Godbee Tim Golden Bill Goodwin Gerald E. Greene George H. Grindley, Jr. Bob Hanner Ben L. Harbin Melanie Harris Bettieanne Childers Hart Keith G. Heard Joe Heckstall June Hegstrom William A. Hembree Michele Henson Ray Holland Bob Holmes Henry Howard Newt Hudson Carolyn F. Hugley Robert A. Irvin Lynmore James Jeanette Jamieson Curtis S. Jenkins Jere W. Johnson Gail Johnson Ralph L. Johnston Vernon Jones Brian D. Joyce Mitchell Kaye Gregory H. Kinnamon Edward W. Klein III Charles Barton Ladd Dan Joseph Lakly Bob Lane Thomas E. Lawrence, Jr. William J. Lee Jeff Lewis Jerry L. Lifsey Jimmy Lord David E. Lucas Leland Maddox Harold Mann James F. Martin Louise McBee Tom McCall JoAnn McClinton J.E. McKinney James Mills Barbara J. Mobley John O. Mobley, Jr. Hinson Mosley Anne Mueller

Earl L. O'Neal Nan Grogan Orrock Bobby Eugene Parham Larry J. Parrish Don L. Parsons Dorothy B. Pelote Tim Perry Garland Pinholster Mike Polak DuBose Porter McCracken Poston, Jr. Alan T. Powell Ben Purcell Ann R. Purcell William C. Randall Mamie Randolph Robert F. Ray Henry L. Reaves Robert Reichert Lawrence R. Roberts Carl Rogers A. Richard Royal Bill Sanders Randy Sauder John Scoggins Tom E. Shanahan Jay Shaw Thomas B. Sherrill Kern W. Shipp, Sr. John T. Simpson Georganna T. Sinkfield James M. Skipper, Jr. Paul E. Smith Clint Smith Vance Smith, Jr. Larry Smith Tommy Smith Willou Smith Charlie Smith, Jr.
Calvin Smyre
Bob Snelling
Michael Snow
Tracy Stallings
Steve Stancil
Frank E. Stancil
Pamela A. Stanley
LaNett Stanley
Tommy Stephenson
Van Streat, Sr.
Maretta Mitchell Taylor
Sharon Beasley Teague
Doug Teper
Regina Thomas

22

JOURNAL OF THE HOUSE,

B.C. Tillman Theo Titus III
Matt A. Towery Sharon Trense
Henrietta E. Turnquest Ralph Twiggs
Len Walker

Larry Walker Vinson Wall
Roy H. Watson, Jr. Charlie Watts
Lynn Westmoreland Ben N. Whitaker
John White

John J. Wiles Betty Jo Williams
Jeffrey L. Williams Robin L. Williams
Jim Woods John Phillip Yates

(SEAL)
The Great Seal of the State of Georgia is used on official documents, by order of the Governor or General Assembly. The Constitution designates the Secretary of State as the custodian of the Great Seal of the State.
Several different seals were used during the colonial period of Georgia's history. The design of the present Great Seal was completed in 1799. In 1914 the Legislature voted to change the date on the Seal from 1799 to 1766 to correspond with the date of the signing of the Declaration of Independence.
The Great Seal has been used continuously since 1799, except for the years 1863-1865 when a specially designed seal was used. During the years 1868-1871 the seal was hidden by Secretary of State Nathan C. Barnett.
One side of the seal depicts an arch supported by three pillars. The pillars symbolize the three departments of government. The man with a drawn sword represents the aid of the military in the defense of Georgia's constitution.
The other side of the Seal depicts a ship being loaded with hogsheads of tobacco and bales of cotton, emblematic of Georgia's exports. The left portion of the scene portrays a man plowing and a flock of sheep. The motto on this side is "Agriculture and Commerce, 1776."

The following address was delivered by His Excellency, Governor Zell Miller, immediately after the administration of the oath of office:

Lt. Governor Howard, Speaker Murphy, Governors Harris, Busbee, and Maddox, Members of the General Assembly, Members of the Judiciary, Members of the Consular Corps, my fellow Georgians:
I come before you again as your Governor with a deep sense of humility, gratitude and responsibility. Your repeated confidence in me fuels my determination to work on your behalf to the full extent of my energy, capacity and passion.
For you see, I not only remember from where I have come, but I also see the new heights I want Georgia to reach.
About 40 miles from Young Harris, the three states of North Carolina, Georgia and Tennessee all come together. On the Georgia side is the town of McCaysville Fannin County. Right across the state line is Copperhill Polk County, Tennessee.
As a young man, I played a lot of baseball in that area. And back then it was a place unlike anything you'd ever seen. There were no trees. There was no grass. No foliage of any kind, not even kudzu.
There was only a huge, vast ugly scar covering miles and miles of what had once been lush, green, beautiful mountains.
That shameful wasteland was created by human beings in the early 1900's. They cut the trees and fed the fires under simmering copper ore, whose toxic fumes laid bare whatever other vegetation remained.

MONDAY, JANUARY 9, 1995

23

To the traveler spending the night at the Sahara Motel, or even to a young lad mostly interested in baseball, it was a depressing example of human destruction of putting short term gains ahead of long term benefits.
Fortunately, that land has been largely reclaimed since those days, although you still can see signs of how it once was.
In Copperhill and all across this nation, Americans, somehow, collectively, almost unanimously, arrived at the conclusion that we cannot afford to waste or destroy our soil or our rivers or our woodlands. And protecting our natural environment has come to be part of a "common mindset" about the legacy we must leave.
Today we face a similar question that requires a similar response: What about the waste of our children? Or as Carl Sandberg called them, "the human reserves that shape history."
What about the thousands of children in the inner-cities and the remote rural areas of Georgia, whose lives are dominated by poverty and whose futures are as barren as Copperhill used to be?
What about those young Georgians who are not trained to take part in our rapidly changing economic life and are condemned to live on the outer fringes of Georgia's growing prosperity?
Is this waste not also an ugly scar? Is this waste not also a painful indictment of our neglect? Are not our children even more important to our future than our natural environment? Are not our children the "ultimate" legacy that we leave here on this earth?
Can we not somehow arrive at the conclusion that we cannot afford to neglect, to waste or to destroy our children? And then move from that conclusion into bold action, so that together we make "that" human wasteland green and growing?
I am at heart a teacher. Perhaps its genetic, for I am the son of teachers. Whatever its source, a commitment to education runs deep in my soul. And I want to leave a longterm legacy that outlasts all the short-term political gains. I want the children of Georgia to have better lives, more productive careers and be finer citizens.
This is why as Governor I have chosen to focus on education. For all our other challenges in this state be it crime or welfare, economic development or environmental responsibility have at their root the "same solution" children who are loved and educated.
Of course, the starting point must be with parents mothers and fathers who take responsibility for the young lives they have created.
The traditional values the values that have built this nation and made it better for each successive generation honesty, integrity, hard work, self reliance, respect for others are not embedded in DNA and somehow passed biologically from one generation to the next. They must be taught at home by parents who devote love, time and resources to raising their children.
But government also has a role to play in the future of the next generation. And today there's a lot of conversation about what that role should be. Government has indispensable functions from public safety and prisons to transportation and public health, from environmental protection and water resources to, most certainly, economic development.
And here in Georgia, we are moving on all those fronts. And we are moving with a sense of urgency and a spirit of innovation.
We are aggressive in attacking crime, and Georgia now has the toughest laws in the nation for violent criminals. We have cut income taxes, and I want to take the sales tax off groceries.

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Georgia is a national model in fiscal responsibility. Our economy is healthy we are at the national forefront in many economic indicators. All of these are important.
But I believe that those of us who are entrusted to lead are charged with an even more fundamental mission: ensuring that all our citizens have the opportunity to develop fully the talents they were given by God.
The starting point for government must he education sound and meaningful education. I believe education is everything. A good education provides each person the capacity to add a gift and make a contribution to their generation, thereby becoming part of the progress of humankind.
It is the educated individual who makes this state stronger. It is the educated individual who adds to its wealth, protects it against enemies and carries forward its ideals and faith. H.G. Wells had it right when he said, "Human history becomes more and more a race between education and catastrophe."
And, if we are to win that race, we must work together, putting aside party and politics, geography and gender, to form a partnership each trusting the other, all committed to using education as the instrument for the creative development of our human resources.
And if we all make that commitment, keep that commitment and honor that commitment, Georgia will fulfill the fondest dream any Governor or legislator or citizen can dream: Georgia will give our students opportunities that cannot be found anywhere else. Georgia will lead the nation. Georgia will be the best there is.
We have made some truly significant gains in education in the past few years landmark achievements. No other state has anything like the HOPE Scholarship Program. It has been called Georgia's G.I. Bill. It is the most far reaching program in the United States. And we are about to make it even more far reaching.
Our pre-kindergarten program for four-year-olds is also unique. No other state has reached out to such a high percentage of its at-risk four-year-olds as Georgia has. And no other state provides voluntary pre-kindergarten for all four-year-olds, as I am recommending.
It will be many years before we reap all the benefits of investing in young children. I will no longer be in the Governor's Office. I'll probably be back up in Young Harris coaching third base for some Little League team.
But I know today what the statisticians will tell us tomorrow. Our investment will have its returns in fewer dropouts and higher college participation rates. It will produce happier, smarter children. It will produce adults with higher earnings, lower criminal arrests and a greater commitment to marriage and parenthood.
It is our responsibility to begin, and we must not shirk that responsibility.
The Latin phrase "alma mater" means "nourishing mother," and that is a pretty good description of what our schools should be for our children. Teaching is much more than pouring a certain volume of factual information into young heads like tea into a cup. Teachers are the architects who guide and shape the building of young lives, with a special emphasis on creating a strong foundation for life-long learning.
Teachers are the key ingredient to improving education. Teachers are the ones who call forth the best from our children and inspire them to new heights of achievement.
If we are to build a first-class education system in Georgia, we must have at least a fighting chance to attract and hold good teachers. That's why my goal during this administration is to raise Georgia teacher salaries at least to the national average and to attract the best and brightest to become teachers.
I know money alone is not the answer. It is a matter of quality and value. In the classroom, like everywhere else, you get what you pay for. And as we raise teachers' salaries

MONDAY, JANUARY 9, 1995

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at our schools and yes, at our colleges, we will also raise our expectations of excellence in the classroom.
And I am confident that our teachers and professors will rise to that challenge.
And as our students are called to new levels of achievement, I want them to know, in the words of that old song, "You'll never walk alone." Because I want to create a mentoring program which pairs adults with students who are at risk.
I know from experience this can make a difference. It worked on me when I was a wayward young teenager and Edna Herren, my teacher and mentor, helped put me on the right path.
And I want to give those high school students who are not headed for college some real hands-on experience in the work place. The youth apprenticeship program I have started and want to expand will build a partnership between business and education that will make training for a job part of the classroom experience.
I believe it's time our schools gave a warranty on their product: the student. A diploma must be more than just a measure of attendance. That is why I will propose a guaranteed high school diploma, where employers can get additional education at no cost for recent graduates whose skills do not live up to their high school diploma.
I want to give our children and their parents more choices. I want to give our schools more flexibility with fewer top-down regulations and paperwork. I believe in the philosophy of charter schools free from all state regulations and I want to make it a lot easier for local schools to set them up and get them going.
We are putting classroom computers, media center technology, satellite dishes, distance learning networks into all our schools technology in amounts unheard of before in Georgia, and unheard of still in many other states.
But it is not enough to lead the nation in new technology. We must also lead our children to enduring values. Yes, our children must know about gigabytes and CD-ROM. But it's even more important that they know about the Golden Rule, and right and wrong.
Yes, I believe that schools should join with parents and churches as bearers of society's standards.
Students should be taught morality as well as math, ethics as well as English.
You see, our children are as strong or as weak, as intelligent or as frivolous, as serious or as silly, as disciplined or as wild, as we have taught them to be.
And if our children don't have the values that we or our parents cherished, it is because someone has failed to teach them their meaning and help make those values a part of their young lives.
Stronger schools will allow our technical institutes and our colleges and universities to concentrate on higher learning. The University System of Georgia right now is poised and ready, and I'm going to be the best partner I can be to Chancellor Portch to propel our University system to national preeminence.
And I believe we must help older students who want to return to college or to a technical institute. For, you see, I want a more highly educated Georgia.
These are the new heights I want Georgia to reach. But, my friends, I know we will not finish the job of improving education in the next four years or even in my or your lifetime.
Someone once said that one of the things education does for you is to open your eyes to the vast wealth of knowledge that still remains for you to learn.

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It's like that with improving education. The further you get into it, the more your eyes are opened to how much there is yet to do. It will always be an on-going, never ending process.
In the race that H.G. Wells mentioned between education and catastrophe, Georgia is moving fast. But this race is not a hundred-yard dash. It is more like a series of marathons: each generation carries the torch as far as it can, then passes it on to the next. Our job, as the Apostle Paul put it, is to fix our eyes on the prize and run with patience the race that is set before us.
And if we do our job, if we honor our commitment, then the torch we pass will burn brighter, the course our children run will be smoother, and our ultimate goal of giving the sons and daughters of Georgia the boldest dreams and the broadest opportunities will be closer than ever before.
That is the Georgia we seek. We shall not see it tomorrow or the next day or the next. But if our children and their children are ever to see it, we must carry on the work we have begun.
After all, the hope of a better future is why young people dream dreams, and old people plant trees.
I'm working to turn my dreams into trees. With your help and God's, the trees we plant will grow strong, nourished by virtue and the values we hold dear, and they will bear fruit for generations to come.
Thank you. God bless you. And God bless Georgia.

The following address was delivered by the Honorable Pierre Howard, Lieutenant Governor, immediately after the administration of the oath of office:

Governor and Mrs. Miller, distinguished Governors Maddox, Busbee and Harris, Speaker Murphy, constitutional officers, members of the Senate, members of the House, members of the Judiciary, members of the Consular Corps and my fellow Georgians.
I want to begin today by expressing my deep appreciation to all those who have made it possible for me to be standing here today. First of all, I would like to say a word to my family especially my wife, Nancy, my wife of 21 years and to our children, Christopher and Caroline. They have stood by me in good times and in tough times and I can never adequately express my appreciation for their love and support. I would like for them to stand. And of course to my mother, Caroline Howard, who brought me into this world some 51 years ago and has been with me since every step of the way all the way from teaching me to walk to teaching me how to get votes. I would like for her to stand.
I want to thank Judge Lawton Stephens of Athens, Georgia for coming over today to swear me in. Our great-grandfathers were close friends. It is a wonderful thing that here so many generations later, he and I are very close friends. Lawton, thank you very much for coming over and swearing me in. I want to express my gratitude also to my close friends, many of whom are here today, who have stuck with me from the very beginning and who have provided me with the encouragement and the means to have this career in public service. I am very grateful to you and I can never thank you enough for what you have done.
I also wish to thank the people of this state, who have given me the honor to serve them once again. I will do everything in my power to fulfill their expectations.
Finally, I wish to give thanks to the almighty for the blessings he has bestowed upon me and my family and on my state.
Ladies and gentlemen, today is a day of renewal for the state of Georgia. And every renewal represents an end and a beginning, as this day surely does. For some of us, today

MONDAY, JANUARY 9, 1995

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represents the first opportunity for public service; for others it presents the opportunity to continue in that role. But for all of us who take the oath, this day presents a challenge
a challenge to make Georgia's government work for the people.
As we usher in a new era of bipartisan government in Georgia, we must answer that challenge by resolving anew that we are Georgians first and Democrats and Republicans second. And we have to start acting like it. Together we must build bridges of mutual understanding and cooperation which will permit our state to prosper. In the process, we will find that there is more that unites us than there is that divides us; and more upon which we agree than disagree. In that spirit we must move forward together with shared power and shared responsibility for Georgia's future.
The Georgia people have made it clear that they expect results. They expect to have a government that works and a government that works to solve problems and not one which grinds to a halt as a result of partisan gridlock.
We must acknowledge that the current bipartisan nature of our state government simply reflects the changing nature of a dynamic and growing state. We must act so that these changes work for us and not against us.
If we do not so act, the voters will find others who will. In the words of the psalmist "how good and how pleasant it is for brothers and sisters to dwell together in unity."
I believe that we can all be justifiably proud that in many ways, our state government is performing well. The H.O.P.E. scholarship program that the Governor just spoke of is giving young people educational opportunities here to fore unknown and beyond their reach; the kindergarten program and the pre-kindergarten program are saving children from failure in school. I want to join in the call of Governor Miller to expand that to even embrace more children so they can be ready for the first grade. The PEACH Program is successfully moving welfare recipients off the rolls and into job training and into jobs in the private sector. The Community Care Act permits elderly people to be taken care of at home instead of being forced into long-term care.
Last summer, under the leadership of Governor Miller, our state government performed heroically to aid the flood victims in middle and south Georgia. So there is much that we can be justifiably proud. Everything is not wrong in government.
Despite our successes, however, we must acknowledge our shortcomings and work to correct them.
One of our main shortcomings is the belief that government can solve all of the myriad of problems that we face alone. It cannot, it never has and it never will. Government has an important role to play, but it must act in partnership with the private sector and with the religious community. We must renew our efforts to forge this partnership in a serious way if we are to succeed.
I am convinced that together our first concern must be the strengthening of the family in Georgia. The family is the irreplaceable building block of a strong society, for it is from the family that we learn our basic values; it is from the family that we gain our sense of purpose; and it is from the family that we first learn the importance of a commitment to something other than self. I would hate to think where I might be or where you might be without a strong family. We have to do everything within our power to strengthen the family for all of the children of this state.
Since World War II, the institution of the family has deteriorated to the point that half the marriages end in divorce. Over half the children in our state are born to single mothers. In many counties most of them are teenagers. Many of these children never have any significant contact with their fathers. As the mothers struggle to stay afloat, the children are set adrift.
As a result, all of us know that our great state is too infested with crime and drugs, threatening the very fabric of our society. Violence is rampant. In America today, a woman is

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battered every 15 seconds across this country. At current rates, by the year 2000 here in Georgia we will have over 100,000 confirmed cases of child abuse per year. People are routinely gunned down on the streets of our cities.
The cost in dollars is staggering. Over half the births in Georgia are paid for by the taxpayers through Medicaid. Almost every time a person is shot or overdoses on drugs and is treated at a local hospital, the taxpayers pick up the bill.
But the intangible cost to our state and to our people, particularly to our children, is greater.
I say to you with assurance that our great State and our great Nation cannot survive unless the institution of the family is restored to its form of vitality.
Let us resolve that where government has erected barriers to the family, they will be removed. Let is resolve that we should change programs and amend laws which act as a disincentive to a united family.
Unless we act to strengthen the family in Georgia, we will never achieve full greatness as a State. I pledge my full efforts, working with the Governor, working with the General Assembly and with the interest groups in this state to keep this goal at the top of the public agenda.
A second aspect of our Georgia government which must change is our tendency to intervene in problems after they occur instead of trying to prevent them in the first place.
Chief among these problems and something I want to take the opportunity to lift up at this inaugural ceremony is teenage pregnancy a category in which Georgia leads the nation. Our undistinguished lead in this statistic is one of the principle causes of high health care costs, a high crime rate, a high dropout rate and a high unemployment rate.
Teen pregnancy is costing the taxpayers millions of dollars, I pledge to work with the Governor, with the General Assembly and with other constitutional officers to find new approaches to the teen pregnancy problem which will work and approaches which will gain greater acceptance across the political spectrum. Those answers are out there. We have got to work together to find those answers because it is vital to the future of our state.
As the father of two children who attend the public schools, Christopher and Caroline over here, I realize full well that education is the key to our future. The Governor has already spoken most eloquently on that subject. I believe that the voters have said loud and clear that the status quo in education is not acceptable to them, even though we all acknowledge that many great things are happening in the classroom. In the school which our children attend, we are very pleased with all that is going on, but the overall results are what the people want to see improve. We must act swiftly to make charter schools a reality in order to give parents, teachers and principals more control over their own schools. Lowering the pupil teacher ratio must also be a top priority. Nothing we could do would help our students and our teachers more. We must expand the pre-kindergarten program so that more of our children will learn and will reach the first grade ready to learn. We must also make sure that we bring our hard-working teachers up to the national average of pay. I join Governor Miller in that billing.
Above all, we must restore order and discipline in the classroom so that our teachers can teach in an atmosphere of respect which promotes learning.
As we begin a new term of office today, I say we I mean all of us who begin a new term of office today we must remember that for some of us, this will be our last chance to serve the people of this State and to address the challenges that face us. That is the political reality which requires a new sense of urgency be brought to the work that we must do. In that spirit we can act with the new imagination and courage required to solve the problems before us acting as if it is our last turn at bat.

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Let us go from this place in that spirit to lead the state we love firm in the knowledge that as the Bible says "but that the Lord keepeth the city the watchman waketh but in vain." Thank you very much.
The Joint Session was dissolved.

The Speaker called the House to order.

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

HB 1. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to increase the amount of certain exemptions.
Referred to the Committee on Ways & Means.
HB 2. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to increase the amount of certain exemptions.
Referred to the Committee on Ways & Means.

HB 3. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Culbreth of the 132nd, Smyre of the 136th and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for refunds of certain state income taxes paid with respect to federal pension income; to provide for tax refunds with respect to income taxes owed by a taxpayer.
Referred to the Committee on Ways & Means.

HB 4. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to provide for a credit for household and dependent care expenses.
Referred to the Committee on Ways & Means.

HB 5. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th, Johnson of the 97th, Culbreth of the 132nd and others:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to change certain provisions regarding the rate of intangible personal property tax; to remove the limitation on the maximum amount of intangible recording tax payable with respect to any single note.
Referred to the Committee on Ways & Means.

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HB 6. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to taxation of intangibles, so as to repeal the intangible personal property tax; to remove the limitation on the maximum amount of such tax payable with respect to any single note.
Referred to the Committee on Ways & Means.

HB 15. By Representatives Smith of the 175th, Walker of the 141st, Stephenson of the 25th, Hart of the 116th, Trense of the 44th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, so as to change the manner in which such textbooks are approved and selected.
Referred to the Committee on Education.

HB 20. By Representatives Buck of the 135th, Watson of the 139th, Royal of the 164th and Jamieson of the 22nd:
A bill to amend Code Section 16-12-60 of the Official Code of Georgia Annotated, relating to rules and regulations regarding the conducting of licensed bingo games, so as to change the amount which may be awarded as prizes during a calendar day or week.
Referred to the Committee on Industry.

HB 29. By Representatives Joyce of the 1st, Lakly of the 105th, Mann of the 5th, Davis of the 60th and Lewis of the 14th:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for credits or certain state income taxes paid with respect to federal pension income; to provide for tax credits with respect to income taxes owed by a taxpayer.
Referred to the Committee on Ways & Means.

HB 30. By Representatives Joyce of the 1st and Lakly of the 105th:
A bill to amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to repeal a ground for the granting of a total divorce.
Referred to the Committee on Special Judiciary.

HB 33. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Floyd of the 138th 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 revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments.
Referred to the Committee on Ways & Means.

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HB 34. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.
Referred to the Committee on Ways & Means.

HB 35. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Chapter 7A of Title 48 of the Official Code of Georgia Annotated, relating to low-income tax credits, so as to revise and change the lowincome tax credit schedule with respect to calculating the amount of low-income tax credit which may be claimed.
Referred to the Committee on Ways & Means.

HB 36. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-21 of the Official Code of Georgia Annotated, relating to taxation of corporations, so as to change the manner of calculating and reporting taxable income of certain corporations.
Referred to the Committee on Ways & Means.

HB 37. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to the allocation and apportionment of corporate income, so as to revise and change the manner in which the gross receipts factor is calculated.
Referred to the Committee on Ways & Means.

HB 38. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the method of allocation and apportionment of corporate net income of certain corporations for state and local income tax purposes.
Referred to the Committee on Ways & Means.

HB 41. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus lines insurance, so as to provide that surplus line brokers' certificates shall contain a general statement of the type of insurance purchased; to provide that surplus line brokers file quarterly affidavits and pay taxes on premiums billed by such surplus line brokers during the previous quarter.
Referred to the Committee on Insurance.

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HB 42. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair and deceptive practices in the business of insurance, so as to provide that in cases where classification, premiums, or rates are not required to be filed with and approved by the Commissioner, the premiums and charges shall not be in excess of or less than those specified in the policy.
Referred to the Committee on Insurance.

HB 43. By Representatives Joyce of the 1st and Lakly of the 105th:
A bill to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change the provisions relating to the circumstances in which abortion is legal; to repeal or change certain provisions relating to the performance of abortions and the practices, procedures, and requirements related thereto.
Referred to the Committee on Judiciary.

HB 46. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to revise the definition of premium; to authorize the charging of a penalty with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies.
Referred to the Committee on Insurance.

HB 47. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Annotated, relating to definitions of terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, so as to provide that the term "adjuster" does not include a salaried employee of an insurer who adjusts claims.
Referred to the Committee on Insurance.

HB 48. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedure upon notice of motor vehicle insurance cancellation, so as to provide that failure of an insurer to provide notice of cancellation to the Department of Public Safety shall not invalidate an otherwise valid cancellation.
Referred to the Committee on Insurance.

MONDAY, JANUARY 9, 1995

33

HB 49. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Annotated, relating to requirements concerning issuance of motor vehicle insurance policies, so as to provide that when a check or money order issued in payment of certain types of motor vehicle insurance policies is dishonored, the coverage may be cancelled without notice and voided ab initio; to provide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements.
Referred to the Committee on Insurance.

HB 50. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to the allocation and apportionment of corporate net income for state income tax purposes, so as to change the method of income apportionment for certain corporations.
Referred to the Committee on Ways & Means.

HB 51. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to increase the amount of certain exemptions; to increase the amount of certain standard deductions.
Referred to the Committee on Ways & Means.

HB 52. By Representatives Buck of the 135th, Royal of the 164th, Jamieson of the 22nd, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to increase the amount of certain exemptions; to increase the amount of certain standard deductions.
Referred to the Committee on Ways & Means.

HB 54. By Representatives Hembree of the 98th, Snelling of the 99th, Lewis of the 14th, Barnard of the 154th and Brown of the 130th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for notice to the victim of any felony prior to the release from custody of any person arrested and charged with such offense.
Referred to the Committee on Special Judiciary.

HB 55. By Representatives Hembree of the 98th, Snelling of the 99th, Lewis of the 14th, Barnard of the 154th and Brown of the 130th:
A bill to amend Code Section 17-15-8 of the Official Code of Georgia Annotated, relating to an award of compensation to a crime victim, so as to increase the maximum amount of such compensation.
Referred to the Committee on Appropriations.

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HB 56. By Representatives Hembree of the 98th, Snelling of the 99th, Lewis of the 14th, Barnard of the 154th and Brown of the 130th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and procedures, so as to provide that no person charged with a felony shall be granted bond without appearing before a judge of the superior court; to provide that the victim of any felony shall be notified of the bond hearing of such offender.
Referred to the Committee on Special Judiciary.

HB 60. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and Irvin of the 45th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to legislative services in the General Assembly, so as to change provisions relating to the membership of the Legislative Services Committee.
Referred to the Committee on Rules.

HB 61. By Representatives Walker of the 141st and Murphy of the 18th:
A bill to amend Article 1 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings in criminal cases, so as to provide procedures for the determination of the competency, training, education, experience, and ability of an attorney to provide effective assistance of counsel in a criminal case.
Referred to the Committee on Special Judiciary.

HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, so as to change the amount of the daily expense allowance of members of the General Assembly.
Referred to the Committee on Appropriations.

HB 63. By Representative Holmes of the 53rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for yearly voting; to provide for the conditions and circumstances under which a voter may vote early.
Referred to the Committee on Governmental Affairs.

HB 64. By Representative Holmes of the 53rd:
A bill to amend Code Section 36-71-4 of the Official Code of Georgia Annotated, relating to the calculation of development impact fees, so as to provide that a municipal or county development impact fee ordinance may exempt all or part of particular development projects in areas designated by the federal government as "empowerment zones" or "enterprise communities" from development impact fees if such projects are determined to create extraordinary economic development and employment growth or affordable housing.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, JANUARY 9, 1995

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HB 65. By Representative Holmes of the 53rd:
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 and provide for definitions; to provide that counties, by ordinance or resolution, may establish county emergency medical service councils.
Referred to the Committee on Health & Ecology.

HB 66. By Representatives Pinholster of the 15th and Harris of the 17th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation in general, so as to make it a felony to make any false or misleading statement for the purpose of obtaining workers' compensation benefits or payments.
Referred to the Committee on Industrial Relations.

HB 67. By Representative Buck of the 135th:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances, so as to provide for grounds for continuance for the presiding of a party or attorney as a judge or recorder in another court.
Referred to the Committee on Judiciary.

HB 68. By Representatives Pinholster of the 15th, Day of the 153rd, Mills of the 21st, Walker of the 87th and Harris of the 17th:
A bill to amend Code Section 20-2-157 of the Official Code of Georgia Annotated, relating to the uniform reporting system for postsecondary enrollment or certain financial assistance, so as to require the State Board of Education to formulate and adopt a reporting system to identify and qualify home schooled children for such financial assistance.
Referred to the Committee on Education.

HB 69. By Representatives Pinholster of the 15th, Brown of the 130th and Harris of the 17th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to provide that the HOPE scholarship program of grants to qualifying high school students shall be extended to those qualifying students attending accredited private colleges and universities located in the State of Georgia.
Referred to the Committee on Education.

HB 70. By Representatives Hegstrom of the 66th and Mobley of the 69th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning.
Referred to the Committee on Motor Vehicles.

36

JOURNAL OF THE HOUSE,

HB 71. By Representative Poston of the 3rd:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for credits of certain state income taxes paid with respect to federal pension income.
Referred to the Committee on Ways & Means.

HB 72. By Representatives Randall of the 127th, Campbell of the 42nd and Canty of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support, so as to revise extensively the method of calculating the child support obligation; to provide definitions; to provide that the final verdict or decree shall specify the amount of permanent child support from each parent.
Referred to the Committee on Special Judiciary.

HB 73. By Representative Childers of the 13th:
A bill to amend Code Section 47-4-100 of the Official Code of Georgia Annotated, relating to normal, early, and delayed retirement under the Public School Employees Retirement System, so as to provide that a member of such retirement system may retire upon obtaining 30 years of service without regard to age.
Referred to the Committee on Retirement.

HB 74. By Representative Simpson of the 101st:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that fleeing or attempting to elude a pursuing police vehicle or police officer under certain conditions shall constitute a felony.
Referred to the Committee on Special Judiciary.

HB 75. By Representative Wall of the 82nd:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to operation of funeral establishments, so as to require that all caskets used for interment appropriately identify the remains of the deceased.
Referred to the Committee on Health & Ecology.

HB 76. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to make it unlawful to furnish or disseminate through a computer network certain information relating to the sale or procurement of drugs or instructions to manufacture drugs.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 9, 1995

37

HB 77. By Representative Childers of the 13th:
A bill to amend Code Section 43-14-6 of the Official Code of Georgia Annotated, relating to the powers and duties of the divisions of the State Construction Industry Licensing Board, so as to change certain continuing education requirements.
Referred to the Committee on Industry.

HB 78. By Representative Pinholster of the 15th:
A bill to amend Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to arbitration, so as to change certain provisions regarding arbitration of medical malpractice claims prior to filing a civil action for such claims; to change the tolling of the statute of limitations; to change the provision relating to submissions.
Referred to the Committee on Judiciary.

HB 79. By Representative Wall of the 82nd:
A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of state income taxes by credit card or debit card; to provide for powers, duties, and authority of the state revenue commissioner.
Referred to the Committee on Ways & Means.

HB 80. By Representatives Hegstrom of the 66th, Coleman of the 142nd, Byrd of the 170th, Jamieson of the 22nd and Smith of the 169th:
A bill 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 the duties of said department relative to Indians; to amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions and other agencies, so as to establish the Georgia Indian Affairs Commission and to provide for the appointment, terms, duties, vacancies, and expenses of its members.
Referred to the Committee on State Planning & Community Affairs.

HB 81. By Representatives Simpson of the 101st, Orrock of the 56th, Wall of the 82nd and Lifsey of the 6th:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions, scope of practice, standards of care, and permissible titles.
Referred to the Committee on Health & Ecology.

HB 82. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and Skipper of the 137th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to increase the rate of tax on the retail purchase, retail sale, rental, storage, use, or consumption of certain tangible property and on certain services.
Referred to the Committee on Ways & Means.

38

JOURNAL OF THE HOUSE,

HB 83. By Representatives Pinholster of the 15th and Byrd of the 170th:
A bill to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of junkyards, so as to define certain terms; to provide for limitations on the location of junkyards; to provide for screening requirements; to provide for notice; to provide for a lien against the junkyard for expenses of screening.
Referred to the Committee on Industry.

HB 84. By Representatives Jones of the 71st and Randall of the 127th:
A bill to amend Article 1 of Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to change the design and description of the state flag.
Referred to the Committee on Rules.

HB 85. By Representatives Jones of the 71st, Watson of the 139th and Skipper of the 137th:
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".
Referred to the Committee on Industry.

HB 86. By Representative Coker of the 31st:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions in general, so as to provide that local retirement systems with assets in excess of $50 million shall be allowed to invest up to 60 percent of their retirement assets in equities.
Referred to the Committee on Retirement.

HB 87. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the criminal offense of commission of a crime by a convicted felon through the use of a firearm.
Referred to the Committee on Public Safety.

HB 88. By Representatives Coker of the 31st and Snow of the 2nd:
A bill to amend Part 1 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Student Finance Commission Act," so as to provide for additional eligibility and requirements for participation in the HOPE scholarship program.
Referred to the Committee on Education.

MONDAY, JANUARY 9, 1995

39

HB 89. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to legislative financial affairs in general, so as to define the term "state purpose tax" for purposes of any constitutional restrictions on or procedures for increases in state purpose taxation.
Referred to the Committee on Ways & Means.

HB 90. By Representatives Buck of the 135th, Baker of the 70th, Birdsong of the 123rd, Orrock of the 56th, Bordeaux of the 151st and others:
A bill to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for a short title.
Referred to the Committee on Ways & Means.

HB 91. By Representative Jones of the 71st:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board of General Contractors.
Referred to the Committee on Industry.

HB 92. By Representative Childers of the 13th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to delete certain references and provisions relating to personal care homes and provide instead for the regulation of adult residential homes and assisted living facilities and services rendered therein.
Referred to the Committee on Human Relations & Aging.

HB 93. By Representatives Holland of the 157th, Jenkins of the 110th and Epps of the 131st:
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 and deferrals, so as to provide that local governments shall be authorized to grant exemptions from ad valorem taxes for certain property of certain taxpayers.
Referred to the Committee on Ways & Means.

HB 94. By Representatives Holland of the 157th and Ray of the 128th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions relative to sales and use taxes, so as to provide that the routine repair of farm equipment, milling machinery, and farm related machinery shall not constitute a fabrication within the meaning of such Code section.
Referred to the Committee on Ways & Means.

40

JOURNAL OF THE HOUSE,

HB 95. By Representatives Coleman of the 142nd and Murphy of the 18th:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change certain appropriations for the State Fiscal Year 1994-1995.
Referred to the Committee on Appropriations.

HB 96. By Representatives Murphy of the 18th and Coleman of the 142nd:
A bill to make and provide appropriations for the State Fiscal Year beginning July 1, 1995, and ending June 30, 1996.
Referred to the Committee on Appropriations.

HB 97. By Representatives Holland of the 157th and Epps of the 131st:
A bill to amend Article 9 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, the "Rural Facilities Economic Development Act," so as to change certain criteria for authorized facilities; to delete a certain requirement that grants be in equal amounts.
Referred to the Committee on State Planning & Community Affairs.

HB 98. By Representative Holland of the 157th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for imposing a special county 1 percent sales and use tax, so as to provide that such tax may be imposed for the time required by a county to collect $5 million in such taxes but not to exceed 20 years.
Referred to the Committee on Ways & Means.

HB 99. By Representative Childers of the 13th:
A bill to amend Code Section 48-8-50 of the Official Code of Georgia Annotated, relating to the compensation of dealers for reporting and paying the sales and use tax, so as to change provisions relating to the rate of such compensation.
Referred to the Committee on Ways & Means.

HB 100. By Representative Childers of the 13th:
A bill to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for continuing education requirements for those licenses.
Referred to the Committee on Health & Ecology.

HB 101. By Representative Davis of the 48th:
A bill to amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the powers of housing authorities generally, so as to authorize certain housing authorities to employ security personnel, to be known as housing authority police; to provide for the powers and immunity of such police.
Referred to the Committee on State Planning & Community Affairs.

MONDAY, JANUARY 9, 1995

41

HB 102. By Representative Davis of the 48th:
A bill to amend an Act revising and consolidating the law pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Personnel Administration, so as to eliminate specific requirements with reference to racial minorities and females.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 103. By Representative Davis of the 48th:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable, so as to provide that, as an additional condition of bail, persons charged with murder shall be prohibited from any contact with any juror in their own trial.
Referred to the Committee on Special Judiciary.

HB 104. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to provide for employment standards and qualifications for persons performing such services.
Referred to the Committee on State Institutions & Property.

HB 105. By Representatives Ladd of the 59th, Johnson of the 97th and Crews of the 78th:
A bill to amend Code Section 40-2-26 of the Official Code of Georgia Annotated, relating to the form and contents of applications for registration of vehicles, so as to change the location in which vehicles are required to be registered.
Referred to the Committee on Motor Vehicles.

HB 106. By Representatives Lane of the 146th, Coleman of the 142nd, Buck of the 135th, Parrish of the 144th, Channell of the lllth and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, shall be deemed an employee of the organization for purposes of workers' compensation coverage while performing such service.
Referred to the Committee on Industrial Relations.

HB 107. By Representatives Ladd of the 59th, Johnson of the 97th, Barnard of the 154th and Westmoreland of the 104th:
A bill to amend Code Section 16-3-21 of the Official Code of Georgia Annotated, relating to the use of force in the defense of self or others, so as to provide that there shall be a rebuttable presumption that a person who encounters an unauthorized intruder in his or her residence is justified in believing that he or she is in imminent danger of death or great bodily harm.
Referred to the Committee on Special Judiciary.

42

JOURNAL OF THE HOUSE,

HB 108. By Representatives Ladd of the 59th, Polak of the 67th, Johnson of the 97th and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.
Referred to the Committee on Ways & Means.

HB 109. By Representatives Ladd of the 59th, Ehrhart of the 36th, Pinholster of the 15th, Hembree of the 98th, Barnard of the 154th and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide a statement of public policy and purpose regarding health and other insurance.
Referred to the Committee on Insurance.

HB 110. By Representatives Ladd of the 59th, Crawford of the 129th and Crews of the 78th:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to creation of county boards of equalization and review and appeal of assessments, so as to provide for appeals with respect to real property purchased during a taxable year.
Referred to the Committee on Ways & Means.

HB 111. By Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th, Grindley of the 35th, Snelling of the 99th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a candidate at the ensuing general election.
Referred to the Committee on Governmental Affairs.

HB 112. By Representatives Titus of the 180th, Purcell of the 9th, Walker of the 87th, Yates of the 106th, Sanders of the 107th and others:
A bill to amend Code Section 43-18-46 of the Official Code of Georgia Annotated, relating to grounds for sanctions against funeral establishments, funeral directors, and embalmers, so as to provide sanctions for failing to affix to a casket certain identifying information.
Referred to the Committee on Health & Ecology.

HB 113. By Representative Poston of the 3rd:
A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health and the terms of members of such boards, so as to provide that certain members appointed to a county board of health shall not be elected officials.
Referred to the Committee on Health & Ecology.

MONDAY, JANUARY 9, 1995

43

HB 114. By Representative Poston of the 3rd:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to prohibit contributions by foreign nationals.
Referred to the Committee on Governmental Affairs.

HB 115. By Representative Twiggs of the 8th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the establishment of professional criteria for the receipt and processing of complaints against law enforcement officers.
Referred to the Committee on Public Safety.

HB 116. By Representative Twiggs of the 8th:
A bill to amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to change the provisions relating to qualifications of firefighters generally.
Referred to the Committee on Public Safety.

HB 117. By Representative Twiggs of the 8th:
A bill to amend Chapter 3 of Title 53 of the Official Code of Georgia Annotated, relating to probate, so as to provide that provisions in certain instruments providing for nonprobate transfer on death shall be nontestamentary.
Referred to the Committee on Judiciary.

HB 118. By Representative Twiggs of the 8th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Annotated, relating to service retirement allowances for employees who first or again become members of the Employees' Retirement System of Georgia on or after July 1, 1982 so as to authorize members to receive military service credit for active duty service in the armed forces of the United States during the period of the Vietnam Conflict.
Referred to the Committee on Retirement.

HB 119. By Representative Twiggs of the 8th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to change the provisions relating to notice to accused of time and place of commitment hearing.
Referred to the Committee on Public Safety.

HB 120. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Annotated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.
Referred to the Committee on State Planning & Community Affairs.

44

JOURNAL OF THE HOUSE,

HR 4. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Godbee of the 145th and others:
A resolution proposing an amendment to the Constitution so as to authorize the creation of the School Property Tax Relief Fund; to provide for procedures; to provide for distribution of proceeds; to provide for the lower of certain millage rates; to provide that proceeds of the fund shall not lapse and shall not be subject to certain other limitations.
Referred to the Committee on Ways & Means.

HR 5. By Representatives Woods of the 32nd, Smith of the 19th, Grindley of the 35th, Wiles of the 34th, Irvin of the 45th and others:
A resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
Referred to the Committee on Judiciary.

HR 6. By Representative Poston of the 3rd:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, general statutes and amendments to the Constitution.
Referred to the Committee on Judiciary.

HR 8. By Representatives Joyce of the 1st, Lakly of the 105th, Woods of the 32nd, Smith of the 19th, Johnson of the 97th and Smith of the 174th:
A resolution claiming sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
Referred to the Committee on Judiciary.

HR 10. By Representative Hembree of the 98th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission.
Referred to the Committee on Governmental Affairs.

HR 20. By Representatives Holland of the 157th, Jenkins of the 110th, Epps of the 131st and Ray of the 128th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall be authorized to provide by general law that the governing authority of any county or municipality may exempt from certain ad valorem taxation all or any portion of improvements to real property or additions to personal property used directly in a new or expanding business.
Referred to the Committee on Ways & Means.

MONDAY, JANUARY 9, 1995

45

HR 21. By Representatives Walker of the 141st, Lucas of the 124th, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd and others:
A resolution designating the Georgia Department of Corrections' hospital in Bibb County as the Denmark Groover, Jr., Hospital.
Referred to the Committee on State Institutions & Property.

HR 22. By Representative Poston of the 3rd:
A resolution urging the Congress of the United States to repeal provisions of the federal Omnibus Budget Reconciliation Act of 1993 which changed federal law so as to require states to seek reimbursement from the estates of individuals who received benefits under state Medicaid plans.
Referred to the Committee on Appropriations.
HR 23. By Representatives Hembree of the 98th, Snelling of the 99th, Lewis of the 14th, Barnard of the 154th and Brown of the 130th:
A resolution urging the Congress of the United States to take the action necessary to restore voluntary group prayer to the nation's classrooms.
Referred to the Committee on Judiciary.
HR 24. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution proposing an amendment to the Constitution so as to authorize the Governor to reduce any appropriation; to provide for overriding such reduction.
Referred to the Committee on Appropriations.

HR 25. By Representatives Hembree of the 98th, Snelling of the 99th, Lewis of the 14th, Barnard of the 154th and Brown of the 130th:
A resolution proposing an amendment to the Constitution so as to limit the time period for appellate and habeas corpus review of criminal sentences to two years.
Referred to the Committee on Special Judiciary.

HR 26. By Representatives Joyce of the 1st, Lakly of the 105th and Johnson of the 97th:
A resolution proposing an amendment to the Constitution so as to provide that the millage rate which may be levied on taxable property by any county, municipality, or combination thereof may not exceed the millage rate last established prior to December 31, 1996; to provide that such limitation may be increased but only upon approval by a majority of the qualified voters of the county, municipality, or combination thereof voting on such measure.
Referred to the Committee on Ways & Means.

HR 27. By Representatives Ray of the 128th, Watson of the 139th, Watts of the 26th, Streat of the 167th, Parham of the 122nd and others:
A resolution proposing an amendment to the Constitution so as to provide that a Governor shall hold office for one six-year term; to clarify the terms of certain other constitutional officers.
Referred to the Committee on Governmental Affairs.

46

JOURNAL OF THE HOUSE,

HR 28. By Representatives Smith of the 175th, Shanahan of the 10th, Lewis of the 14th, Barnes of the 33rd and Coleman of the 80th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and the Senate of the State of Georgia, the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Commissioner of Insurance.
Referred to the Committee on Governmental Affairs.

HR 29. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A resolution proposing an amendment to the Constitution so as to provide that no law providing for or increasing any state purpose tax shall become effective unless approved by a majority of the qualified electors of the state voting in a referendum thereon, except that such a tax bill may take effect prior to referendum approval if the bill is passed by a two-thirds' majority.
Referred to the Committee on Ways & Means.

HR 31. By Representatives Klein of the 39th, Sauder of the 29th and Hembree of the 98th:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution.
Referred to the Committee on Judiciary.

HR 32. By Representatives Klein of the 39th and Williams of the 83rd:
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 mandatory service of sentences for persons convicted of voluntary manslaughter, aggravated assault, or aggravated 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.
Referred to the Committee on State Institutions & Property.

HR 33. By Representatives Klein of the 39th, Falls of the 125th, Day of the 153rd, Sauder of the 29th and Hembree of the 98th:
A resolution proposing an amendment to the Constitution so as to limit members of the General Assembly to six consecutive two-year terms of office and to limit the Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor to three consecutive four-year terms of office.
Referred to the Committee on Governmental Affairs.

MONDAY, JANUARY 9, 1995

47

HR 34. By Representatives Ladd of the 59th, Snelling of the 99th, Crews of the 78th, Barnard of the 154th and Johnson of the 97th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Speaker of the House of Representatives, and the Lieutenant Governor.
Referred to the Committee on Governmental Affairs.

HR 35. By Representatives Ladd of the 59th and Crews of the 78th: A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

HR 36. By Representatives Ladd of the 59th and Crews of the 78th: A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

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

HR 30. By Representatives Murphy of the 18th, Walker of the 141st, Connell of the 115th, Lee of the 94th, Coleman of the 142nd and others:
A resolution inviting the Honorable Newt L. Gingrich, Speaker of the United States House of Representatives, to appear before the Georgia House of Representatives.

The Speaker announced the following committee assignments:

AGRICULTURE & CONSUMER AFFAIRS

(D) Reaves, Chairman (D) Floyd, Vice-Chairman (D) Purcell, Ann, Secretary (R) Barnard (D) Buckner (D) Carter (R) Coker (R) Crawford (R) Dix (R) Evans (D) Greene (D) Holland (D) James (D) McCall

(R) Mills (D) Mosley (R) Pinholster (D) Ray (D) Roberts (D) Rogers (R) Sanders (D) Shaw (R) Snelling (D) Stanley, LaNett (D) Streat (R) Titus (R) Whitaker (R) Woods

(D) Coleman, Terry, Chairman (D) Parrish, Vice-Chairman (D) Greene, Secretary (D) Bostick

APPROPRIATIONS
(R) Breedlove (R) Campbell (D) Carter (D) Chambless

48

JOURNAL OF THE HOUSE,

(D) Childers (R) Coker
(D) Connell (D) Cummings (D) Davis, Grace (D) Dixon, Harry (D) Dixon, Sonny (R) Felton (D) Godbee (D) Hanner (D) Holmes (D) Hudson (D) Jenkins (D) Lane (D) Lee (D) Lucas (D) Martin (D) McKinney (R) Mueller (D) Orrock
(D) Perry (D) Porter (D) Powell

(D) Ray (D) Reaves
(D) Royal (D) Simpson (D) Sinkfield (D) Smith, Larry (D) Smith, Tommy (R) Smith, Willou (D) Smyre (D) Snow (D) Stancil, Frank (R) Stancil, Steve (R) Titus (R) Towery (D) Twiggs (D) Walker, Larry (D) Watson (D) Watts (R) Williams, Betty Jo (R) Williams, Robin
(R) Yates (D) Buck, Ex-Officio (D) Jamieson, Ex-Officio

BANKS & BANKING

(D) Watts, Chairman (D) Smith, Larry, Vice-Chairman (D) Hart, Secretary (R) Ashe (D) Bailey (R) Bannister >). *aTMes (D) Bates ((RD)) BEpuprkshalter
(R) Falls
(D) Floyd
(D) Golden
(R) Goodwin

(R) Harbin (D) Howard (R) Klein (R) Lakly (R) Lawrence (D) Lewis (R) Mills m, p = h <R> Saaur"desrn
(D) Stallings
(D) Thomas
(R) Wall
(D) White

(D) Sinkfield, Chairman (D) McBee, Vice-Chairman (D) McClinton, Secretary (R) Barnard (R) Johnson, Gail (R) Lakly
(R) Maddox

CHILDREN & YOUTH
(D) McKinney (D) O'Neal (R) Smith, Clint (D) Taylor (D) Thomas (R) Trense

DEFENSE & VETERANS AFFAIRS

(D) Birdsong, Chairman (D) Smith, Charlie, Vice-Chairman
(D) Roberts, Secretary (D) Bargeron
(R) Bunn

(R) Crews (R) DeLoach, Buddy
(R) Ehrhart (D) Heckstall
(R) Mann

MONDAY, JANUARY 9, 1995

49

(D) Poston (D) Purcell, Ben

(R) Smith, Glint (D) Stephenson

(D) Godbee, Chairman (D) Taylor, Vice-Chairman (D) O'Neal, Secretary (R) Ashe (R) Brooks, Donna (R) Campbell (R) Coleman, Brooks (D) Hart (D) Hugley (R) Johnson, Gail

EDUCATION
(R) Kaye (D) Poston (D) Purcell, Ann (D) Purcell, Ben (D) Sherrill (D) Sinkfield (D) Smith, Charlie (R) Trense (D) White (R) Williams, Jeff

(D) Martin, Chairman (D) Chambless (D) Connell (R) Ehrhart (R) Evans (R) Irvin
(D) Carter, Chairman (D) Pelote, Vice-Chairman (D) Buckner, Secretary (D) Cox (R) Davis, Max (R) DeLoach, George (R) Grindley

ETHICS
(D) Lee (R) Mueller (D) Stanley, LaNett (D) Stephenson (D) Walker, Larry
GAME, FISH & PARKS
(D) Hanner (R) Joyce (D) Shaw (D) Stanley, Pam (R) Titus (D) Twiggs (R) Walker, Len

(D) Holmes, Chairman (D) Canty, Vice-Chairman (D) Kinnamon, Secretary (D) Barnes

GOVERNMENTAL AFFAIRS
(R) DeLoach, Buddy (R) Goodwin (R) Hembree (D) Holland

(D) Childers, Chairman (D) Hudson, Vice-Chairman (D) Simpson, Secretary (D) Bordeaux (R) Brown, Jeff (D) Culbreth (R) Falls (D) Henson (R) Irvin (D) Jones (D) McClinton (D) McKinney (D) O'Neal

HEALTH & ECOLOGY
(D) Orrock (D) Parharn (R) Parsons (D) Randall (R) Shipp (D) Skipper (R) Smith, Clint (D) Smith, Tommy (D) Stephenson (R) Walker, Len (R) Wall (R) Wiles (R) Williams, Robin

HUMAN RELATIONS & AGING

50

JOURNAL OF THE HOUSE,

(D) Lucas, Chairman (D) Davis, Grace, Vice-Chairman (D) Sherrill, Secretary (R) Brown, Jeff (R) Crawford (D) Hegstrom

(R) Maddox (D) Randolph (D) Scoggins (R) Smith, Vance (D) Tillman (R) Walker, Len

INDUSTRIAL RELATIONS

(D) Lane, Chairman (D) Howard, Vice-Chairman (D) Bordeaux, Secretary (R) Bannister (D) Brown, George (R) Bunn
(R) Johnson, Gail (D) Kinnamon
(D) Lewis

(R) Mann (D) Martin
(D) Orrock (R) Sanders
(D) Teague (D) Turnquest
(D) White (R) Woods

(D) Watson, Chairman (D) Brooks, Tyrone, Vice-Chairman
(D) Ray, Secretary (D) Bailey (D) Barfoot (D) Bargeron (R) Brown, Jeff (R) Brush (D) Buckner
(R) Burkhalter (D) Byrd (R) Day (D) Heard (D) Henson (D) Hugley

INDUSTRY
(R) Johnston (D) Jones (D) Lee (R) Parsons (D) Polak (D) Powell (D) Reichert (D) Skipper (R) Smith, Willou (D) Snow (D) Teper (R) Towery (R) Westmoreland (R) Williams, Betty Jo (R) Williams, Jeff

(D) Lord, Chairman (D) Culbreth, Vice-Chairman
(D) Henson, Secretary (R) Bannister
(D) Brown, George (R) Burkhalter
(D) Canty (R) Ehrhart
(R) Harbin

INSURANCE
(D) Heard (D) Hugley (R) Ladd (D) Lucas (R) Shipp (D) Stanley, Pam (R) Towery (D) Turnquest (R) Williams, Robin

INTERSTATE COOPERATION

(D) White, Chairman (D) Dixon, Sonny, Vice-Chairman
(D) Cummings

(D) Golden (D) Stanley, LaNett

INTRA-GOVERNMENTAL COORDINATION

MONDAY, JANUARY 9, 1995

51

(D) Byrd, Chairman (D) Smith, Larry, Vice-Chairman (D) Channell (D) Connell (D) Heard (D) Henson (D) Lane

(D) Mosley (D) Pelote (D) Scoggins (D) Taylor (D) Watts (R) Williams, Robin

(D) Bargeron, Chairman (D) Byrd, Vice-Chairman (D) Mosley, Secretary

JOURNALS
(R) Johnston (D) Thomas (R) Westmorland

(D) Chambless, Chairman (D) Bostick, Vice-Chairman (D) Barnes, Secretary (D) Baker (D) Bordeaux (R) Campbell (D) Cox (R) Crawford

JUDICIARY
(R) Davis, Max (D) Hart (D) Kinnamon (D) Martin (D) Poston (D) Reichert (D) Simpson (D) Walker, Larry

LEGISLATIVE & CONGRESSIONAL REAPPORTIONMENT

(D) Smith, Tommy, Chairman (D) Holland, Vice-Chairman (D) Perry, Secretary (R) Bunn (R) Dix (R) Harbin (R) Harris (D) Hegstrom (R) Lawrence

(D) Lewis (D) McCall (D) Polak (D) Purcell, Ann (D) Rogers (D) Scoggins (D) Shaw (R) Westmoreland (R) Yates

(D) McKinney, Chairman (Appt. by Speaker) (R) Ashe (Appt. by Governor) (D) Baker (Appt. by Governor)

MARTOC
(D) McClinton (Appt. by Speaker) (D) Royal (Appt. by Law) (D) Sinkfield (Appt. by Governor) (D) Buck, Ex-Officio (Appt. by Law)

(D) Parham, Chairman (D) Powell, Vice-Chairman (D) Porter, Secretary (D) Bostick (R) Brush (D) Dixon, Harry

MOTOR VEHICLES
(R) Hembree (D) Roberts (D) Teague (R) Wiles (R) Yates

NATURAL RESOURCES AND ENVIRONMENT

(D) Hanner, Chairman (D) Bailey, Vice-Chairman

(D) Tillman, Secretary (R) Ashe

52

JOURNAL OF THE HOUSE,

(D) Barfoot (R) Breedlove (R) Coleman, Brooks (D) Coleman, Terry (D) Dobbs
w Flvoayid!?
((DD)) JJaammieesson
(R) Johnson, Jere (D) Lane
(D) Lord
(R) Mann

(D) McCall (R) Mueller (R) Parsons (D) Polak (D) Porter
<(DR)> RSaeuadveesr
<;D_, 0S,hana,han
(R) bhlPP () Smith, Charlie
(D) Smith, Paul
(D) Teper

PUBLIC SAFETY

(D) Twiggs, Chairman
(D) Mobley, John, Vice-Chairman
(D) Streat, Secretary (R) Coker (D) Coleman, Terry

(D) Davis, Grace
(R) Day
(R) Dix (D) Jenkins (R) Johnston

REGULATED BEVERAGES

(D) Dixon, Harry, Chairman (D) Brown, George, Vice-Chairman (D) Golden, Secretary (R) Brush (R) DeLoach, George (D) Epps

(R) Harris
(R) Lifsey (D) Reichert
(R) Snelling
(D) Teague

(D) Cummings, Chairman (D) Baker, Vice-Chairman (D) Shanahan, Secretary
(D) Brooks, Tyrone (R) Coleman, Brooks
(R) Crews (D) James (R) Kaye
(D) McBee

RETIREMENT
(R) Mills (D) Pelote (D) Randolph (R) Sauder (R) Smith, Vance (D) Stallings (D) Taylor (R) Whitaker

(D) Lee, Chairman
(D) Stephenson, Vice-Chairman
(D) Stanley, LaNett, Secretary (D) Baker
(D) Benefield (D) Birdsong (D) Buck (D) Byrd
(D) Chambless (D) Childers
(D) Connell (R) Davis, Max (D) Dixon, Sonny

RULES
(R) Ehrhart (D) Holmes (D) Hudson (R) Irvin (R) Lawrence (R) Mueller (D) Parham (D) Parrish (D) Randall (R) Smith, Willou (D) Smyre (R) Stancil, Steve (D) Walker, Larry

MONDAY, JANUARY 9, 1995

53

(R) Wall (D) Watson

(D) Watts (R) Williams, Betty Jo

SPECIAL JUDICIARY

(D) Randall, Chairman (D) Jenkins, Vice-Chairman (D) Mobley, Barbara, Secretary (R) Crews (R) Goodwin (D) Heckstall

(D) Jones (R) Joyce (R) Klein (R) Lifsey (D) Teper (D) Turnquest

SPECIAL RULES (POLICY)

(D) Murphy, Mr. Speaker, Chairman (D) Bostick (D) Buck (D) Connell (D) Davis, Grace

(D) Lee (D) Parrish (D) Purcell, Ann (D) Stanley, LaNett (D) Walker, Larry

STATE INSTITUTIONS & PROPERTY

(D) Dobbs, Chairman (D) Barfoot, Vice-Chairman (D) Cox, Secretary (R) Barnard (D) Bates (R) Breedlove (D) Brooks, Tyrone (D) Canty

(R) Falls (D) Greene (R) Joyce (D) Lord (D) Perry (D) Purcell, Ben (D) Smith, Larry

STATE PLANNING AND COMMUNITY AFFAIRS

(D) Royal, Chairman (D) Bates, Vice-Chairman (D) Smith, Paul, Secretary
Brooks, Donna (D) Channell (R) DeLoach, Buddy (R) Felton (R) Harris
(D) Heckstall
(R) Hembree

(D) Howard (R) Irvin (D) Jaraieson (D) McClinton
' JTohun
(D) () Shanahan (R) Stancil, Steve (D) Stanley, Pam

(D) Benefield, Chairman (D) Snow, Vice-Chairman (D) Streat, Secretary (D) Birdsong (R) Brooks, Donna (D) Channell (D) Dixon, Sonny (D) Dobbs (D) Epps (R) Evans (D) Godbee (R) Grindley

TRANSPORTATION
(R) Johnson, Jere (R) Kaye (R) Ladd (R) Lifsey (D) Mobley, Barbara (D) Mosley (R) Pinholster (D) Rogers (R) Sanders (D) Scoggins (D) Sherrill (D) Smith, Paul

54

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(R) Smith, Vance (R) Snelling (D) Tillman

(R) Whitaker (R) Williams, Jeff (R) Woods

UNIVERSITY SYSTEM OF GEORGIA

(D) Smyre, Chairman (D) Stancil, Frank, Vice-Chairman
(D) Golden, Secretary (D) Buck (D) Connell
(R) Day (R) DeLoach, George
(R) Grindley (D) Hegstrom

(R) Klein (R) Lakly
(R) Maddox (D) McBee (D) Mobley, Barbara
(D) Pelote (R) Pinholster
(D) Stallings (R) Wiles

(D) Buck, Chairman (D) Jamieson, Vice-Chairman
(D) Skipper, Secretary (D) Benefield
(D) Channell (D) Culbreth (D) Cummings
(R) Felton (D) Heard

WAYS & MEANS
(R) Johnson, Jere (R) Ladd (D) Mobley, John (D) Royal (D) Stancil, Frank (D) Stanley, LaNett (R) Trense (D) Coleman, Terry, Ex-Officio (D) Parrish, Ex-Officio

The following communications were received:

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

To:

House, Senate and Secretary of State

From: Cindy Wright

Subject: Line Item Vetoes in House Bill 1375

Date: April 18, 1994

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 1375:
Section 54, Pages 55 and 56, third paragraph of Section 54, number 2.) and number 5.)
Section 58, Pages 63 and 64, eighth paragraph beginning on Page 63, "Provided, that the Governor's Scholarship Program...."
Section 66, Pages 70 and 71
Section 71, Page 74, paragraph i.)
Section 82, Page 80
CDW/cln Attachment

MONDAY, JANUARY 9, 1995

55

State of Georgia Office of the Governor
Atlanta 30334-0900
April 21, 1994
Honorable Thomas B. Murphy Speaker of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I have vetoed House Bills 572, 1748, 1784 and House Resolution 814 which were passed by the General Assembly of Georgia at the 1994 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bills and corresponding reasons for their veto are attached.
With kindest regards, I remain
Sincerely, /s/ Zell Miller
ZM/cwc Attachments cc: Honorable Pierre Howard, Lieutenant Governor
Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

VETO NUMBER 17
House Bill 1748 amends the Newton County Water and Sewerage Authority Act. After passage, the author of the bill discovered a mistake in the bill and requested its veto. Therefore, at the request of the author, I hereby veto House Bill 1748 on technical grounds.

VETO NUMBER 18
House Resolution 814 authorizes the conveyance of state-owned property. Unfortunately, the resolution contained an error in the legal description of the property. Therefore, at the request of the author, I hereby veto House Resolution 814 on technical grounds.

VETO NUMBER 19
House Bill 572 attempts to amend the law relating to specialized land transactions but was passed by the General Assembly without an enabling clause. The lack of an enabling clause could subject the bill to a successful challenge. Therefore, the author of House Bill 572 later incorporated the provisions of House Bill 572 into another bill passed by the General Assembly this year. At the request of the author, I hereby veto House Bill 572 on technical grounds.

VETO NUMBER 20
House Bill 1784 would permit a sentencing judge to designate a county jail as the place of confinement of a convicted felon under certain circumstances. Currently, the law

56

JOURNAL OF THE HOUSE,

requires that all convicted felons are committed to the custody of the Department of Corrections for diagnostics and assignment. House Bill 1784 would also permit the award of "good time" to those felons sentenced to county jails. Currently, "good time"is not available to felons serving time in state correctional facilities.
The designation by the court of certain favored inmates who because of certain skills possessed or because of their status in the community could stay in their home county jail, work on county jail detail, and receive good time allowance would lead to injustices and inequities in sentencing and punishment. Because good time is not available to stateincarcerated inmates, felons sentenced to county jails would serve significantly reduced terms of confinement than those felons convicted for exactly the same offense but sentenced to state correctional institutions.
I cannot sign a bill into law which in my opinion would have a disparate effect on sentencing and punishment in this State and would result in a reduction of confinement time for certain felons. For these reasons, I hereby veto House Bill 1784.

State of Georgia Office of the Governor
Atlanta 30334-0900
April 21, 1994
Honorable Pierre Howard Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Howard:
I have vetoed Senate Bill 395 which was passed by the General Assembly of Georgia at the 1994 Regular Session.
Article III, Section V, Paragraph XIII of the Constitution requires that I transmit such bills to you, together with a list of reasons for such vetoes. The bill and corresponding reasons for its veto are attached.
With kindest regards, I remain
Sincerely, /&/ Zell Miller
ZM/cwc Attachments cc: Honorable Thomas B. Murphy, Speaker of the House of Representatives
Honorable Robbie Rivers, Clerk, House of Representatives Honorable Frank Eldridge, Secretary of the Senate Honorable Sewell R. Brumby, Legislative Counsel Honorable Michael J. Bowers, Attorney General Honorable Max Cleland, Secretary of State

VETO NUMBER 21
Senate Bill 395 imposes the same procedural requirements for short-term school suspensions as are currently required for long-term suspensions and expulsions. It also attempts to provide for greater parental involvement when students are identified as chronic disciplinary problems. I support that portion of the bill which provides for greater parental involvement and I will request the State Board of Education to encourage school principals to provide for school visits and parent-teacher conferences for chronic disciplinary problems. What I cannot support is that portion of the bill which significantly limits

MONDAY, JANUARY 9, 1995

57

a fundamental tool of the school principal the short-term suspension without the necessity of going through a formal hearing process.
Senate Bill 395 would require students who are chronic disciplinary problems and whose cumulative short-term suspensions within a grading period exceed 12 days be afforded a formal hearing with appeals to the local school board and potentially to the state board and the courts. This could create a logjam of disciplinary cases. It also would limit the school's ability to deal quickly and effectively with student disciplinary matters just at the time when schools must be more assertive in dealing with such problems. It would also impede efforts to place chronic disciplinary problems in alternative schools.
I believe that our teachers, principals and schools must be given effective and efficient tools to improve discipline with their schools and that this bill would severely limit those tools. For these reasons, I hereby veto Senate Bill 395.
House of Representatives Legislative Office Building, Room 611
Atlanta, Georgia 30334
June 15, 1994
Honorable Zell Miller State Capitol Atlanta, GA 30334
Dear Governor Miller:
Please accept this correspondence as my formal resignation from the House of Representatives, effective June 30, 1994. I have accepted the position of Director of the Drugs & Narcotics Agency.
As has been said, we will make friendships down here which we will value for the rest of our lives; and that has certainly proven true for me. The past twelve years have been some of the most rewarding and enjoyable times of my life.
I would like to thank you personally for all the kindness and consideration you've shown me throughout this period and I hold our friendship in the highest esteem.
Respectfully yours, /s/ Bill Atkins
State Representative District 29
BA/nl
cc: Paul D. Lynch, Fiscal Officer
State of Georgia Office of the Governor
Atlanta 30334-0900
June 16, 1994
Honorable Bill Atkins State Representative 4719 Windsor Drive Smyrna, Georgia 30082
Dear Bill:
This will acknowledge receipt of your recent correspondence in which you tendered your resignation as a member of the House of Representatives. By copy of this letter, your resignation is hereby accepted, effective June 30, 1994.

58

JOURNAL OF THE HOUSE,

Your service to the State of Georgia in the above capacity is greatly appreciated, and I extend to you my best wishes for the future as Director of the Drugs and Narcotics Agency.
With kindest personal regards, I remain
Sincerely, M Zell Miller
ZM/cln cc: Honorable Max Cleland, Secretary of State
Honorable Thomas B. Murphy, Speaker of the House of Representatives
Mr. Robbie Rivers, Clerk of the House of Representatives Mr. Paul Lynch, Fiscal Officer
House of Representatives State Capitol, Room 228 Atlanta, Georgia 30334
October 4, 1994
Mr. Robbie Rivers Clerk, House of Representatives 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
This is to advise you that on this date the House Insurance Committee met pursuant to the Administrative Procedures Act for the consideration of three proposed regulations of the Insurance Committee to wit: Reporting of Policy Cancellations, Nonrenewals and Declinations; Prohibited Criteria for Private Passenger Automobile Underwriting Guidelines; Prohibited Criteria for Residential Property Underwriting Guidelines, and took the action as indicated in the attached letters to the Insurance Commissioner.
Please file this document as an official report of this committee.
Sincerely, /s/ Jimmy Lord
Encl
JL/dh

House of Representatives State Capitol, Room 228 Atlanta, Georgia 30334
October 4, 1994
Honorable Tim Ryles Commissioner Department of Insurance 7th Floor, West Tower Atlanta, Georgia 30334
REF: Objection to proposed regulation reporting of policy cancellations, nonrenewals and declinations
Dear Commissioner:

MONDAY, JANUARY 9, 1995

59

You are hereby notified that, pursuant to the O.C.G.A. 50-13-4(e), the rule and regulation which you propose to adopt entitled: "Reporting of Policy Cancellations, Nonrenewals and Declination," which proposes to adopt a new Chapter 120-2-15, was assigned to the House of Representative's Insurance Committee for review.
This Committee, at a duly called meeting, reviewed that proposal and, as authorized and provided by O.C.G.A. 15-13-4(f), O.C.G.A. 50-13-6(a) and before the effective adoption of said rule and regulation, hereby files its OBJECTION to that proposal and its adoption.
Without limiting the generality of this objection to the proposal as a whole on other grounds, the Committee particularly feels that:
1. the proposed regulation exceeds the Commissioner's statutory powers in several respects; and
2. in several areas the proposal is substantive law which is in the exclusive power of the General Assembly.
The objection herein lodge is not only to the proposal as a whole but to each of its parts separately.
Sincerely, /s/ Jimmy Lord, Chairman
Insurance Committee on behalf of and at the direction of the Committee
JL/dh

House of Representatives State Capitol, Room 228 Atlanta, Georgia 30334
October 4, 1994
Honorable Tim Ryles Commissioner Department of Insurance 7th Floor, West Tower Atlanta, Georgia 30334
REF: Objection to proposed regulation relative to prohibited criteria for private passenger automobile underwriting guidelines
Dear Commissioner:
You are hereby notified that, pursuant to the O.C.G.A. 50-13-4(e), the rule and regulation which you propose to adopt entitled: "Prohibited Criteria for Private Passenger Automobile Underwriting Guidelines," which proposes to adopt a new Chapter 120-2-65, was assigned to the House of Representative's Insurance Committee for review.
This Committee, at a duly called meeting, reviewed that proposal and, as authorized and provided by O.C.G.A. 15-13-4(f), O.C.G.A. 50-13-6(a) and before the effective adoption of said rule and regulation, hereby files its OBJECTION to that proposal and its adoption.
Without limiting the generality of this objection to the proposal as a whole on other grounds, the Committee particularly feels that:
1. the proposed regulation exceeds the Commissioner's statutory powers in several respects; and
2. in several areas the proposal is substantive law which is in the exclusive power of the General Assembly.

60

JOURNAL OF THE HOUSE,

The objection herein lodge is not only to the proposal as a whole but to each of its parts separately.
Sincerely, /s/ Jimmy Lord, Chairman
Insurance Committee on behalf of and at the direction of the Committee
House of Representatives State Capitol, Room 228 Atlanta, Georgia 30334
October 4, 1994
Honorable Tim Ryles Commissioner Department of Insurance 7th Floor, West Tower Atlanta, Georgia 30334
REF: Objection to proposed regulation relative to prohibited criteria for residential property underwriting guidelines
Dear Commissioner:
You are hereby notified that, pursuant to the O.C.G.A. 50-13-4(e), the rule and regulation which you propose to adopt entitled: "Prohibited Criteria for Residential Property Underwriting Guidelines," which proposes to adopt a new Chapter 120-2-66, was assigned to the House of Representative's Insurance Committee for review.
This Committee, at a duly called meeting, reviewed that proposal and, as authorized and provided by O.C.G.A. 15-13-4(f), O.C.G.A. 50-13-6(a) and before the effective adoption of said rule and regulation, hereby files its OBJECTION to that proposal and its adoption.
Without limiting the generality of this objection to the proposal as a whole on other grounds, the Committee particularly feels that:
1. the proposed regulation exceeds the Commissioner's statutory powers in several respects; and
2. in several areas the proposal is substantive law which is in the exclusive power of the General Assembly.
The objection herein lodge is not only to the proposal as a whole but to each of its parts separately.
Sincerely, /s/ Jimmy Lord, Chairman
Insurance Committee on behalf of and at the direction of the Committee
JL/dh

Honorable Robbie Rivers Clerk of the House 309 State Capitol Atlanta, Georgia 30334

House of Representatives Atlanta
November 18, 1994

MONDAY, JANUARY 9, 1995

61

Dear Mr. Rivers:
On Wednesday, November 16, 1994, the House Republican Caucus met in the Senate Chambers for the purpose of electing Caucus officers for the 1995-1996 session of the General Assembly.
They are as follows:
Rep. Robert A. Irvin - Leader Rep. Earl Ehrhart - Whip Rep. Mike Evans - Chairman Rep. Garland Pinholster - Vice Chairman Rep. Anne Mueller - Secretary/Treasurer
Sincerely, M Willou Smith
CC: Honorable Thomas B. Murphy Speaker of the House
House of Representatives 415 State Capitol Atlanta, Georgia
November 21, 1994
Honorable Robbie Rivers, Clerk House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
This is to certify that Representative Larry Walker, District 141, was duly elected Majority Leader of the Democratic Caucus of the House of Representatives at a meeting of the caucus held on November 21, 1994 at the State Capitol, Atlanta, Georgia.
This certification is submitted pursuant to the Rules of the House of Representatives.
So certified this 21st day of November, 1994.
Sincerely /s/ Wm. J. (Bill) Lee,
Chairman

Secretary of State Elections Division Suite 1104, West Tower 2 Martin Luther King Jr., Drive, S.E. Atlanta, Georgia 30334-1505
November 22, 1994
The Honorable Robert E. Rivers, Jr. Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Rivers:
I am transmitting herewith the name of the Representative elected in the November 8, 1994 Special Election for the office of State Representative in the General Assembly of

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JOURNAL OF THE HOUSE,

Georgia from District 176, as the same appear from the consolidated returns which are of file and record in this office.
With kindest regards and best wishes, I am
Most sincerely, /s/ Max Cleland
Secretary of State
MC:HJL:bt
Enclosure

STATE OF GEORGIA OFFICE OF SECRETARY OF STATE

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the con solidated returns on file in this office for the Special Election held on the 8th day of November, 1994, in District 176 of the State House of Representatives, in Clinch, Echols, Lanier, and portion of Lowndes Counties, to fill the vacancy existing due to the death of the Honorable Robert L. Patten, show the following results:

Jay Shaw Clinch------------------------------313

Echols-------------------------------240

Lanier-------------------------------------------596

Lowndes--------------------------3,690

TOTAL

4,839

Having received the total votes cast for this office, Jay Shaw was duly elected. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 22nd day of November, in the year of our Lord One Thousand Nine Hundred and Ninety-four and of the Independence of the United States of America the Two Hundred and Nineteenth.

(SEAL)

/s/ Max Cleland Secretary of State

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY
I do hereby solemnly swear or affirm that I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me. I will so conduct myself, as will, in my judgment, be most conducive to the interests and pros perity of this State.
I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.
So help me God.
/s/ Jay Shaw State Representative House District 176
Sworn to and subscribed before me, this 17th day of November, 1994.
/s/ Brooks E. Blitch, III Judge

MONDAY, JANUARY 9, 1995

63

House of Representatives Atlanta
November 23, 1994
Honorable Jay Shaw Representative-Elect, District 176 P. 0. Box 128 311 Valdosta Road Lakeland, Georgia 31635
Dear Jay:
I am this date appointing you to serve on the following House standing committees:
Agriculture Game, Fish and Parks Legislative and Congressional Reapportionment
Sincerely, /s/ Thomas B. Murphy
Speaker
TBM:ku
cc: Honorable Zell Miller, Governor of Georgia Honorable Pierre Howard, Lt. Governor Honorable Max Cleland, Secretary of State Honorable Michael Bowers, Attorney General Mr. Robert Rivers, Clerk of the House Mr. Frank Eldridge, Secretary of Senate Mr. Sewell Brumby, Legislative Counsel Mr. Claude Vickers, State Auditor Mr. Steve Wrigley, Executive Secretary to the Governor Mr. Joe Brown, House Information Office Mr. Dan Williams, House Research Office Mr. Paul Lynch, Fiscal Office Mrs. Ann Wiley, Speaker's Office House Agriculture Committee House Game, Fish and Parks Committee House Legislative and Congressional Reapportionment Committee
Legislative Services Committee Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334
December 29, 1994
TO: Members of the General Assembly from the Eighth Congressional District
RE: Caucus to Elect Eig.'ith District State Transportation Board Member

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purposes of electing the member of the State Transportation Board from the Eighth Congressional District. Such caucus will be held in the Senate Chamber, State Cap itol Building, Atlanta, Georgia, on Wednesday, January 11, 1995, at 2:00 P.M.

64

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Members of the Senate from those senatorial districts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus. Mem bers of the House of Representatives from those representative districts embraced or partly embraced within the Eighth Congressional District are eligible to participate in said caucus.

Sincerely, /s/ Sewell R. Brumby
Legislative Counsel

SRB:jp

Legislative Services Committee
Office of Legislative Counsel 316 State Capitol
Atlanta, Georgia 30334

December 29, 1994

TO: Members of the General Assembly from the Sixth Congressional District and Candidates for the 32nd Senatorial District

RE: Caucus to Elect Sixth District State Transportation Board Member

Pursuant to the provisions of O.C.G.A. Section 32-2-20, the President of the Senate and the Speaker of the House have directed me to notify you that a caucus is hereby called for the purposes of electing the member of the State Transportation Board from the Sixth Congressional District. Such caucus will be held in the Senate Chamber, State Capi tol Building, Atlanta, Georgia, on Thursday, January 12, 1995, at 2:00 P.M.
Members of the Senate from those senatorial districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus. Members of the House of Representatives from those representative districts embraced or partly embraced within the Sixth Congressional District are eligible to participate in said caucus.
Sincerely, /s/ Sewell R. Brumby
Legislative Counsel
SRB:jp

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

TUESDAY, JANUARY 10, 1995

65

Representative Hall, Atlanta, Georgia Tuesday, January 10, 1995

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

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

Ashe Bailey Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove
Brooks, D Brooks, T
Brown, G
Brown, J
Brush
Buck
Buckner
Bunn
Burkhalter
Byrd Campbell
Canty Carter Chambless Channel! Childers Coker Coleman, B Coleman, T

Connell
Cox
Crawford
Crews Culbreth Cummings Davis, G Day DeLoach, G Dixon, H Ehrhart
Epps
Evans Falls Felton Floyd God bee Goodwin Greene
Grindley Harbin Harris Hart Heard Hecks tall Hegstrom
Hembree
Henson Holland Holmes Howard
Hudson

Hugley
Irvin James
Jamieson Jenkins Johnson, G Johnston
Jones Joyce Kaye
Kinnamon
Klein Ladd Lakly
Lane
Lawrence Lee Lewis
Lifsey Lord Maddox Mann Martin McBee McCall
McClinton McKinney Mills
Mobley, B
Mobley, J
Mosley Mueller

O'Neal
Orrock
Parbam
Parrish
Parsons Pelote
Perry Pinholster Polak
Porter
Poston Powell
Purcell, A Purcell, B
Randall Randolph
Ray Reaves
Reichert Roberts Rogers Royal Sanders Sauder Shanahan Shaw Sherrill Shipp Simpson Skipper Smith, C Smith, C.W

Smith. L Smith, P
Smith, T
Smith, V
Smith, W
Smyre Snelling Snow Shillings Stancil, S Stanley, L Stephenson
Streat
Taylor Teper Thomas
Tillman Titus Trense Turnquest Twiggs Walker, L Walker, R.L Wall Watson Watts Westmoreland White Wiles Williams, B Williams, R Yates

The following members were off the floor of the House when the roll was called:
Representatives Woods of the 32nd, DeLoach of the 172nd, Johnson of the 84th, Stancil of the 91st, Stanley of the 49th, Davis of the 60th, Lucas of the 124th, Golden of the 177th, Dobbs of the 92nd, Sinkfield of the 57th, Dix of the 76th, Teague of the 58th, Hanner of the 159th and Scoggins of the 24th.
They wish to be recorded as present.

Mr. Clerk
Please lock my machine at 10:00 A.M. I plan to return at 1:00 P.M. I must attend a funeral service in Gainesville at 11:00 A.M.
Is/ Ben Whitaker 7th District

January 9, 1995
The Honorable Robert E. Rivers, Clerk House of Representatives 309 State Capitol Atlanta, Georgia 30334

66

JOURNAL OF THE HOUSE,

Dear Mr. Rivers:
I ask to be excused from the General Assembly Session of the House of Representatives on Tuesday, January 10, 1995, for the purpose of serving as a pallbearer for the funeral of Rebecca Moore, the daughter of a close friend, constituent, and fellow member of my home church.
Sincerely, /s/ Jeff Williams
State Representative District 83

Prayer was offered by the Reverend John Thomas Leach, II, Winder, 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.

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

HB 44. By Representatives Sanders of the 107th, Walker of the 87th, Kaye of the 37th, Maddox of the 108th, Brown of the 130th and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for a gradual reduction in the income tax rate for individuals over a period of years; to abolish the individ ual income tax and the income tax on fiduciaries and partnerships, effective for tax years beginning on and after January 1, 2001.
Referred to the Committee on Ways & Means.

HB 45. By Representatives Woods of the 32nd, Coker of the 31st and Barnes of the 33rd:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit.
Referred to the Committee on Judiciary.

TUESDAY, JANUARY 10, 1995

67

HB 121. By Representatives Snow of the 2nd, Ray of the 128th, Golden of the 177th and Channell of the lllth:
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 for toll free calling between two telephones where the central offices serving such telephones are within 22 miles of each other.
Referred to the Committee on Industry.

HB 122. By Representatives Snow of the 2nd, Lane of the 146th, Streat of the 167th, Channell of the lllth, McCall of the 90th and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and membership of the Public Service Commission, so as to change the provisions relating to the election of the members of the commission; to provide for additional members; to provide for districts.
Referred to the Committee on Industry.

HB 123. By Representative Barnard of the 154th:
A bill to create the Tattnall County Board of Elections and provide that it will succeed to the powers and duties of the election superintendent.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 124. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Holland of the 157th and Greene of the 158th:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peanut as the official state crop.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 125. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Holland of the 157th and Greene of the 158th:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to pro vide for clarification of the rights and powers of cooperative market associa tions and their boards of directors.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 126. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Holland of the 157th and Greene of the 158th:
A bill to amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to adulteration and misbranding of food, so as to provide for labeling requirements for peanuts and peanut products.
Referred to the Committee on Agriculture & Consumer Affairs.

68

JOURNAL OF THE HOUSE,

HB 127. By Representatives Holland of the 157th and Hudson of the 156th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxes, so as to provide such an exemption for equipment used for drying farm crops.
Referred to the Committee on Ways & Means.

HB 128. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessment of effectiveness of educational programs, so as to provide for issuance of a warranty affirming a student's preparation to each student receiving a high school diploma; to provide that when, under certain conditions, a person to whom such a warranty has been issued is identified as deficient in certain skills, such person may enroll free of charge in related classes offered by any technical and adult education school.
Referred to the Committee on Education.

HB 129. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-161 of the Official Code of Georgia Anno tated, relating to the Quality Basic Education Formula, so as to change the program weights allotted to state authorized instructional programs.
Referred to the Committee on Education.

HR 37. By Representatives Snow of the 2nd, Powell of the 23rd and Lane of the 146th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law allocate all or part of the net pro ceeds to the state from sales and use taxation of food items to be used for the purpose of school property tax relief.
Referred to the Committee on Ways & Means.

HR 49. By Representatives Murphy of the 18th and McKinney of the 51st:
A resolution authorizing the granting of certain easements and conveyance of certain state owned real property located in Fulton County, Georgia, to Met ropolitan Atlanta Rapid Transit Authority (MARTA) and the acceptance of certain real property owned by MARTA located in Fulton County, Georgia, in consideration therefor.
Referred to the Committee on State Institutions & Property.

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

HB 1 HB 2 HB 3 HB 4 HB 5 HB 6

HB 15 HB 20 HB 29 HB 30 HB 33 HB 34

TUESDAY, JANUARY 10, 1995

69

HB 35
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HB 117

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HR 33

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The following Resolutions of the House were read and adopted:

HR 38. By Representatives Smith of the 109th and Jenkins of the 110th: A resolution commending Captain Jerry Torbert.

70

JOURNAL OF THE HOUSE,

HR 39. By Representative Smith of the 109th: A resolution commending Dr. Jack R. Newman.

HR 40. By Representatives Royal of the 164th, Carter of the 166th and Bostick of the 165th:
A resolution commending the Colquitt County High School Packers football team.

HR 41. 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 commending W. J. (Jim) Wetherington, Chief of the Columbus Police Department.

HR 42. 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 paying tribute to G. Gunby Jordan.

HR 43. 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 commending Sheriff J. E. (Gene) Hodge.

HR 44. 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 paying tribute to Harry Kamensky.

HR 45. By Representative Poston of the 3rd: A resolution recognizing and commending Jon Hudson and TEENCARE.

HR 46. By Representative Poston of the 3rd:
A resolution recognizing the Rad Board and the dedicated and inventive Georgians who developed the Rad Board.

HR 47. By Representative Poston of the 3rd: A resolution expressing regret at the passing of Ralph Teems.

HR 48. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution commending Georgia Save Outdoor Sculpture.

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

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

TUESDAY, JANUARY 10, 1995

71

HR 15. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.

The President has appointed as a committee of escort the following:
Senators Ray of the 19th, Perdue of the 18th, Marable of the 52nd, Brown of the 26th, Middleton of the 50th, Ralston of the 51st, Clay of the 37th and Taylor of the 12th.

HR 16. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Repre sentatives and the Senate to hear a message from the Governor.

HR 17. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court.

HR 18. By Representatives Walker of the 141st, Murphy of the 18th, Connell of the 115th, Lee of the 94th and Stephenson of the 25th:
A resolution relative to adjournment.

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.

72

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, January 11, 1995

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 Baker
Bannister Barfoot Bargeron Barnard Barnes Bates Benefield
Birdsong Bordeaux Bostick
Breedlove
Brooks, D
Brooks, T Brown, J Brush Buck Bunn Burkhalter
Byrd Campbell Channell Childers Coker Coleman, B Coleman, T
Connell
Cox Crawford Crews Culbreth Cummings

Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dobbs
Ehrhart
Epps Evans Felton Floyd
Godbee Golden Goodwin Greene Grindley Hanner Harbin
Harris
Heard Hecks tall
Hembree
Henson Holland Holmes Howard
Hudson
Hugley
Irvin
James Jenkins

Johnson, G Johnson, J Johnston
Jones
Joyce Kaye
Kinnamon
Klein
Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall McClinton Mills Mobley, B
Mobley, J
Mosley
Mueller O'Neal Orrock Parham Parrish Parsons Pelote

Pinholster Polak
Poston Purcell, A Purcell, B Randall Randolph Ray Reaves Reichert Roberts Rogers Royal Sanders Sauder Scoggins Shanahan Shaw
Sherrill Shipp
Simpson
Sinkfield
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V
Smith, W
Smyre
Snelling

Snow Stallings
Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teper Thomas Tillman Titus
Towery Trense Turnquest Twiggs Walker, L Walker, R.L Wall
Watson
Watts
Westmoreland
Whitaker
White
Wiles
Williams, B
Williams, J
Williams, R
Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Powell of the 23rd, Lucas of the 124th, Falls of the 125th, McKinney of the 51st, Jamieson of the 22nd, Teague of the 58th, Hegstrom of the 66th, Chambless of the 163rd, Perry of the llth, Porter of the 143rd, Buckner of the 95th, Canty of the 52nd, Bailey of the 93rd and Carter of the 166th.
They wish to be recorded as present.

Prayer was offered by the Reverend Ted Bass, Pastor, Camilla United Methodist Church, Camilla, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

WEDNESDAY, JANUARY 11, 1995

73

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 11. By Representatives Kaye of the 37th, Barnes of the 33rd, Johnston of the 81st, Lifsey of the 6th, Bunn of the 74th and others:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Anno tated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience. Referred to the Committee on Education.
HB 12. By Representatives Kaye of the 37th, Mann of the 5th, Yates of the 106th, Mills of the 21st, Smith of the 102nd and others:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of intangibles, so as to repeal the intangible per sonal property tax.
Referred to the Committee on Ways & Means.
HB 16. By Representative Kaye of the 37th: A bill to amend Article 4 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to payment, deficiencies, assessment, and collec tion of income taxes, so as to change the rate of interest required to be paid on delinquent income taxes; to provide for the payment of interest on refunds of overpayments of state income tax.
Referred to the Committee on Ways & Means.
HB 18. By Representative Kaye of the 37th: A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding the ad valorem taxation of property, so as to repeal certain provisions relating to the levy for state ad valorem taxation of property.
Referred to the Committee on Ways & Means.
HB 25. By Representatives Woods of the 32nd, McKinney of the 51st, Kaye of the 37th and Sauder of the 29th: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to provide that sentences imposed for crimes committed while incarcerated after conviction of a crime shall not be served concur rently with the original sentence; to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superin tendents, and other personnel of correctional institutions, so as to provide that it is the duty of the chief custodial officer to report crimes apparently committed by an inmate while incarcerated and to cooperate with investiga tion and prosecution.
Referred to the Committee on Special Judiciary.

74

JOURNAL OF THE HOUSE,

HB 26. By Representatives Woods of the 32nd and Kaye of the 37th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxation, so as to provide for a phased-in exemption for certain food items and certain drugs prescribed by physicians and dispensed by pharmacists with respect to the levy or imposition of cer tain sales and use taxation.
Referred to the Committee on Ways & Means.

HB 31. By Representatives Kaye of the 37th, Mann of the 5th, Yates of the 106th, Mills of the 21st, Smith of the 102nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to state income taxation, so as to provide for annual adjustments with respect to the taxable net income brackets applica ble to individual income taxpayers and the amount of certain exemptions and deductions.
Referred to the Committee on Ways & Means.

HB 32. By Representatives Kaye of the 37th, Mann of the 5th, Smith of the 102nd, Yates of the 106th, Mills of the 21st and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for refunds of certain state income taxes paid with respect to federal military or federal retirement income; to provide for a short title; to provide for tax refunds with respect to income taxes owed by a taxpayer.
Referred to the Committee on Ways & Means.

HB 53. By Representatives Grindley of the 35th, Klein of the 39th and Ehrhart of the 36th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide for public distribution of legislative information in electronic format.
Referred to the Committee on Industry.

HB 58. By Representatives Grindley of the 35th, Klein of the 39th and Ehrhart of the 36th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to penal institutions in general, so as to provide that any per son sentenced to confinement for a period of two years or more and who has not received a high school diploma or general educational development (GED) equivalency diploma shall not be eligible for parole or early release until such person has received a general educational development (GED) equivalency diploma.
Referred to the Committee on State Institutions & Property.

WEDNESDAY, JANUARY 11, 1995

75

HB 59. By Representatives Grindley of the 35th, Klein of the 39th and Irvin of the 45th:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving dangerous instru mentalities and practices, so as to provide that it shall be unlawful to sell, distribute, or possess armor-piercing ammunition.
Referred to the Committee on Public Safety.
HB 130. By Representatives Hegstrom of the 66th, Teper of the 61st, Davis of the 48th and Mobley of the 69th:
A bill to amend Article 1 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to public property, so as to provide that contracts for the use of a public stadium, auditorium, or arena shall provide that use of a mascot referring to a racial or ethnic group or sale of items relating to such a mascot constitutes breach of the contract.
Referred to the Committee on Judiciary.
HB 131. By Representatives Bannister of the 77th, Johnson of the 97th, Breedlove of the 85th and Crawford of the 129th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment benefit contributions, so as to change the liability of succeeding employers; to change the computation of contribution rates for such employers.
Referred to the Committee on Industrial Relations.
HB 132. By Representatives Bannister of the 77th, Johnson of the 97th, Breedlove of the 85th and Crawford of the 129th:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to unemployment benefit contributions, so as to change the liability of succeeding employers; to change the computation of contribution rates for such employers.
Referred to the Committee on Industrial Relations.

HB 133. By Representatives Bannister of the 77th, Johnson of the 97th, Crawford of the 129th and Breedlove of the 85th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Anno tated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
Referred to the Committee on Education.

HB 134. By Representatives Walker of the 141st, McKinney of the 51st, Smith of the 175th, Godbee of the 145th, Royal of the 164th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide that certain educators shall not be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student, except for acts or omissions of willful or wan ton negligence or misconduct.
Referred to the Committee on Education.

76

JOURNAL OF THE HOUSE,

HB 135. By Representatives Grindley of the 35th, Klein of the 39th and Barnes of the 33rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that the driver's license of any person convicted of a second or subsequent charge of driving under the influ ence shall be distinctively marked to indicate such conviction.
Referred to the Committee on Special Judiciary.
HB 136. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standard Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills; to change a certain reference relating to the requirement of an actuarial study.
Referred to the Committee on Retirement.
HB 137. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the Employees' Retirement System of Georgia shall administer the Superior Court Judges Retirement Fund of Georgia, the Superior Court Judges Retirement System, the District Attorneys Retirement Fund of Georgia, and the District Attorneys' Retire ment System.
Referred to the Committee on Retirement.
HB 138. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Anno tated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change a certain designation.
Referred to the Committee on Retirement.
HB 139. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-2-123 of the Official Code of Georgia Anno tated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to pro vide that no evidence of a disability shall be considered by the medical board which is not submitted within 12 months after the employee terminates employment.
Referred to the Committee on Retirement.
HB 140. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that for purposes of determining retirement and pension allowances under public retirement and pension systems for certain members, any compensation in excess of the limitations established by cer tain federal law shall be disregarded.
Referred to the Committee on Retirement.

WEDNESDAY, JANUARY 11, 1995

77

HB 141. By Representatives Coleman of the 80th, Godbee of the 145th, Smith of the 175th, Johnson of the 97th, Purcell of the 147th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to provide for the "Community Education Act"; to provide for a short title and for defini tions; to create the Community Education Advisory Council and provide for its appointment, membership, duties, and compensation.
Referred to the Committee on Education.

HB 142. By Representatives Klein of the 39th, Sauder of the 29th, Stancil of the 16th and Harris of the 17th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxation, so as to provide for exemptions for certain food items with respect to the levy or imposition of certain sales and use taxation; to provide that certain exemptions from the state sales and use tax shall not be applicable to the joint county and municipal sales and use tax or to the special county 1 percent sales and use tax and certain other local sales and use taxes.
Referred to the Committee on Ways & Means.

HB 143. By Representative Cox of the 160th:
A bill to amend Code Section 53-6-27 of the Official Code of Georgia Anno tated, relating to citations and notices of applications for letters of adminis tration, waiver of publication of citations, and waiver of bonds or granting of powers, so as to provide for the granting of consent to the waiver of publi cation of the citation giving notice of an application for letters of administra tion with respect to any heir at law who is not sui juris.
Referred to the Committee on Judiciary.

HB 144. By Representative Cox of the 160th:
A bill to amend Code Section 29-4-2 of the Official Code of Georgia Anno tated, relating to who are natural guardians of a minor, qualification as a guardian of a child's property, and personal injury claims, so as to provide for the appointment of a guardian and for the settlement of personal injury claims when no legal action has been instituted for such injury.
Referred to the Committee on Judiciary.

HB 145. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
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 upon students who are still subject to such sanctions by another school system.
Referred to the Committee on Education.

78

JOURNAL OF THE HOUSE,

HB 146. By Representatives Wiles of the 34th, Parsons of the 40th, Grindley of the 35th, Sauder of the 29th, Smith of the 19th and others:
A bill to amend Code Section 40-5-31 of the Official Code of Georgia Anno tated, relating to replacement drivers' licenses or permits, so as to provide for issuance or a replacement license or permit for the period of time remaining on the original issuance.
Referred to the Committee on Motor Vehicles.
HB 147. By Representatives Powell of the 23rd and McCall of the 90th:
A bill to amend Code Section 50-7-12 of the Official Code of Georgia Anno tated, relating to authorization of welcome centers, construction, operation, and maintenance of welcome centers, and installation and operation of vend ing machines at welcome centers, so as to provide for the installation and operation of automated teller machines and cash-dispensing machines at wel come centers.
Referred to the Committee on Industry.
HB 148. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifica tions of landfills but shall not be considered vertical expansions; to create the Intergovernmental Solid Waste Coordinating Council and to provide for its membership and duties.
Referred to the Committee on Natural Resources & Environment.
HB 149. By Representatives Lakly of the 105th, Brown of the 117th, McKinney of the 51st, Culbreth of the 132nd and Dix of the 76th:
A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs and quality basic education, so as to provide for a short title; to provide for legislative intent; to provide for certain definitions; to provide for the creation of alter native schools by the State Department of Education.
Referred to the Committee on Education.
HB 150. By Representatives Smith of the 102nd, Wiles of the 34th, Brown of the 130th, Dix of the 76th, Sanders of the 107th and others:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to applications and fees for drivers' licenses, so as to lower the fee for Classes C and M drivers' licenses from $15.00 to $4.50.
Referred to the Committee on Motor Vehicles.

HB 151. By Representatives Cox of the 160th, Royal of the 164th, Bates of the 179th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceed ings, so as to provide that a person who is a witness to an event or occur rence that he or she knows or reasonably should know is a crime or who has personal knowledge of facts that he or she knows or reasonably should know may require that person to be called as a witness in a criminal prosecution is prohibited from accepting or receiving any money.
Referred to the Committee on Judiciary.

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79

HB 152. By Representatives Buck of the 135th and Martin of the 47th:
A bill to amend Code Section 21-5-70 of the Official Code of Georgia Anno tated, relating to definitions regarding public officials conduct and lobbyist disclosure, so as to change the definition of a lobbyist with respect to certain employees of local governing authorities.
Referred to the Committee on Rules.

HB 153. By Representatives Smith of the 175th, Martin of the 47th, Epps of the 131st and Shanahan of the 10th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term "absentee elector" to provide that persons who are unable to be present at the polls on election day because such persons are providing care to a physically disabled person may qualify as absentee electors.
Referred to the Committee on Governmental Affairs.

HB 154. By Representatives Smith of the 175th, Polak of the 67th, Murphy of the 18th, Martin of the 47th, Godbee of the 145th and others:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit certain rights of school administrators.
Referred to the Committee on Education.

HB 155. By Representatives Cox of the 160th, Martin of the 47th and Dobbs of the 92nd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youths, so as to change the provisions relating to definitions; to change the provisions relating to the investigation of child abuse reports and the reports regarding such investigation.
Referred to the Committee on Judiciary.

HB 156. By Representatives Greene of the 158th and Cox of the 160th:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to prohibit the importation, transpor tation, cultivation, or introduction into this state and its waters and provide for the control and eradication of certain noxious aquatic plants and parts thereof.
Referred to the Committee on Natural Resources & Environment.

HB 157. By Representatives Randall of the 127th, Mobley of the 69th and Turnquest of the 73rd:
A bill to amend Article 2 of Chapter 34 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for a lien on services per formed.
Referred to the Committee on Judiciary.

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HB 158. By Representatives Jones of the 71st, O'Neal of the 75th, Wall of the 82nd and Henson of the 65th:
A bill to amend Code Section 12-8-24 of the Official Code of Georgia Anno tated, relating to permits for solid waste or special solid waste handling, dis posal, or thermal treatment technology facilities, so as to provide that no permit for the construction of or major modification to any such facility located in certain counties shall be issued unless approved by the governing authority of the political subdivision in which such facility is located and rat ified by the electors of such political subdivision.
Referred to the Committee on Natural Resources & Environment.

HR 2. By Representatives Kaye of the 37th, Mann of the 5th, Yates of the 106th, Mills of the 21st, Smith of the 102nd and others:
A resolution proposing an amendment to the Constitution so as to remove the obligation to budget and appropriate funds necessary to operate the state's departments and agencies; to establish a limitation on the total amount of state expenditures in any fiscal year; to provide for a reserve fund, a limitation on the amount in such fund, and appropriations from such fund; to provide for refund of the excess of revenues over expenditures; to provide for reduction of tax rates or increase in the personal exemption in succeeding years; to provide for exceeding the limitation on expenditures upon declara tion of an emergency; to prohibit the imposition on local governments of cer tain costs; to prohibit the reduction in the proportion of state revenue paid to local governments; to provide for adjustments if any expenditure category or revenue source is adjudged exempt from the foregoing provisions; and for other purposes.
Referred to the Committee on Appropriations.

HR 50. By Representatives Powell of the 23rd, Stephenson of the 25th, Jamieson of the 22nd, Johnson of the 84th and McCall of the 90th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for educational purposes.
Referred to the Committee on Ways & Means.

HR 51. By Representatives Bannister of the 77th, Johnson of the 97th, Breedlove of the 85th, Davis of the 60th, Mann of the 5th and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

HR 52. By Representative Jones of the 71st: A resolution creating the State Flag Commission for the Olympic Games.
Referred to the Committee on Rules.

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81

HR 53. By Representatives Mueller of the 152nd, Day of the 153rd, Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th and others:
A resolution proposing an amendment to the Constitution so as to allow own ers of real property located in industrial area No. 3 adjacent to the City of Savannah, in the County of Chatham, as provided in Article XI, Section I, Paragraph IV of the Constitution to irrevocably remove such property and adjacent public rights of way from the industrial area.
Referred to the Committee on State Planning & Community Affairs.

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

HB 175. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th, Royal of the 164th, Bates of the 179th and others:
A bill to amend Code Section 48-13-10 of the Official Code of Georgia Anno tated, relating to determining the amount of occupation tax levied by local governments, so as to authorize businesses and practitioners to be classified by more than one criterion.
Referred to the Committee on State Planning & Community Affairs.

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

HB 44 HB 45 HB 121 HB 122 HB 123 HB 124 HB 125

HB 126 HB 127 HB 128 HB 129 HR 37 HR 49

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 90 Do Pass, by Substitute
Respectfully submitted, M Buck of the 135th
Chairman

The Speaker announced the House in recess until 10:45 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 17 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Willis B. Hunt, Jr., Chief Justice of the Supreme Court, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.

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The Resolution calling for the Joint Session was read.

The Honorable Willis B. Hunt, Jr. appeared upon the floor of the House and addressed the Joint Session.

Senator Perdue of the 18th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.

The President of the Senate, Lieutenant Governor Pierre Howard, announced the

Joint Session now dissolved.

'

The Speaker called the House to order.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on State Institutions and Property:

HB 120. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Anno tated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island--State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.

The Speaker Pro Tem assumed the Chair.

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

HR 54. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution recognizing the Brooks County Trojan Football Team and invit ing the team to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 60. By Representative Murphy of the 18th: A resolution honoring Dr. Garland D. Perdue.

HR 61. By Representative Murphy of the 18th:
A resolution congratulating Glenn Memorial United Methodist Church on its 75th anniversary.

HR 62. By Representative Coleman of the 80th: A resolution commending Charles Frost White.

HR 63. By Representative Coleman of the 80th: A resolution commending Michael Colin Blalock.

HR 64. By Representatives Sherrill of the 62nd, Simpson of the 101st and Stallings of the 100th:
A resolution honoring Mrs. Lovie Beck Moore on the occasion of her 100th birthday.

WEDNESDAY, JANUARY 11, 1995

83

Representative Stephenson of the 25th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker Pro Tern announced the House adjourned until 10:00 o'clock, tomorrow morning.

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Representative Hall, Atlanta, Georgia Thursday, January 12, 1995

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

Ashe
Bailey Baker Bannister Barfoot
Bargeron
Barnard Barnes Benefield Birdsong Bordeaux Bostick Breedlove Brooks, D Brooks, T Brown, J Brush Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Chambless
Channell Childers Coker Coleman, B Coleman, T Connell
Cox
Crawford

Crews Culbreth
Cummings
Davis, G Davis, M
Day
DeLoach, B DeLoach, G Dix Dixon, S Dobbs Ehrhart Epps Evans Falls Felton Floyd Godbee Golden Goodwin
Greene Grindley Manner Harbin Harris Hart Heard Heckstall Hegstrom Hembree Henson Holland Holmes Howard

Hudson
Hugley
Irvin
James Jamieson
Jenkins
Johnson, G
Johnson, J
Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Lucas Maddox Mann Martin McBee McCall
McClinton
McKinney Mills Mobley, J Mosley Mueller

O'Neal Parham Parrish Parsons
Pelote Pinholster
Polak Porter
Poston
Powell Purcell, A Purcell, B Randall Randolph
Ray Reaves Reichert Roberts Rogers Royal Sanders Sauder Scoggins Shanahan Shaw Sherrill Shipp Simpson Sinkt'ield Skipper Smith, C Smith, C.W
Smith, L
Smith, P

Smith, T Smith, V Smith, W
Smyre Snelling Snow S tailings
Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor
Teper Thomas
Tillman
Titus Trense Walker, L Walker, R.L Wall
Watson Watts Westmoreland
Whitaker White Wiles Williams, B
Williams, J
Williams, R
Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Mobley of the 69th, Bates of the 179th, Brown of the 117th, Teague of the 58th, Dixon of the 168th, and Orrock of the 56th.
They wish to be recorded as present.

Prayer was offered by Dr. Nelson L. Price, Pastor, Roswell Street Baptist Church, Marietta, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

THURSDAY, JANUARY 12, 1995

85

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

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

HB 159. By Representatives Westmoreland of the 104th, Brooks of the 103rd, Ehrhart of the 36th, Breedlove of the 85th and Lakly of the 105th:
A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Anno tated, relating to court and litigation costs in civil cases, so as to provide that a plaintiff who loses at trial shall pay all court costs and attorney's fees; to provide for payment by the plaintiffs attorney of record if such plaintiff is unable to pay such court costs and attorney's fees.
Referred to the Committee on Judiciary.

HB 160. By Representatives Westmoreland of the 104th, Hembree of the 98th, Kaye of the 37th, Lakly of the 105th and Brown of the 130th:
A bill to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that fleeing or attempting to elude a pursuing police vehicle or police officer under certain conditions shall constitute a felony.
Referred to the Committee on Special Judiciary.

HB 161. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to provide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths.
Referred to the Committee on Ways & Means.

HB 162. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Chapter 28 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia State Occupational Therapy Licensing Act," so as to provide for the regulation and licensing of persons performing auditory integration training; to provide for definitions; to change the membership of the State Board of Occupational Therapy.
Referred to the Committee on Health & Ecology.

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HB 163. By Representatives Greene of the 158th, Reaves of the 178th, Ray of the 128th, Pinholster of the 15th, Crawford of the 129th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the maximum charges for handling and selling leaf tobacco by warehousemen.
Referred to the Committee on Agriculture & Consumer Affairs.
HB 164. By Representatives Parrish of the 144th, Coleman of the 142nd, Buck of the 135th, Royal of the 164th and Purcell of the 147th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
Referred to the Committee on Appropriations.
HB 165. By Representatives Walker of the 87th, Dobbs of the 92nd, Stancil of the 91st and Johnson of the 84th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings.
Referred to the Committee on Judiciary.
HB 166. By Representatives Bannister of the 77th and Johnson of the 97th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the comprehensive regulation of dating services and clubs; to provide for a short title; to provide for definitions; to provide for licensure.
Referred to the Committee on Industry.

HB 167. By Representatives Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st and Dixon of the 150th:
A bill to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant in general, so as to pro vide that landlords shall be required to give a prospective tenant written notice of any previous flooding of such property and of the danger of future flooding of such property.
Referred to the Committee on Judiciary.
HB 168. By Representatives Parrish of the 144th, Coleman of the 142nd, Royal of the 164th, Lucas of the 124th and Purcell of the 147th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to local government, so as to provide for county business and occupational license taxes and fees; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain cross-references and provide for license fees for persons engaged in structural pest control.
Referred to the Committee on State Planning & Community Affairs.

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87

HB 169. By Representative Pelote of the 149th:
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 defini tions; to provide for the offense of bungee jumping.
Referred to the Committee on Special Judiciary.

HB 170. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to enact a "Crime Victims' Bill of Rights".
Referred to the Committee on Special Judiciary.

HB 171. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Stancil of the 91st and Cummings of the 27th:
A bill to amend Code Section 47-3-68 of the Official Code of Georgia Anno tated, relating to membership of certain eligible employees of the University System of Georgia in the Teachers Retirement System of Georgia, so as to provide that such employees may opt to become members of the regents retirement plan within 60 days of employment.
Referred to the Committee on Retirement.

HB 172. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Stancil of the 91st and Cummings of the 27th:
A bill to amend Code Section 47-21-3 of the Official Code of Georgia Anno tated, relating to the establishment and administration of an optional retire ment plan for certain employees of the University System of Georgia, so as to provide that the board of trustees of such plan shall be authorized to pur chase shares in one or more mutual funds.
Referred to the Committee on Retirement.

HB 173. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Stancil of the 91st and Cummings of the 27th:
A bill to amend Code Section 47-21-4 of the Official Code of Georgia Anno tated, relating to employee and other contributions under the regents retire ment plan, so as to change the employer's contribution.
Referred to the Committee on Retirement.

HB 174. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to change the penalty provisions applicable to the crime of littering public or private property or waters.
Referred to the Committee on Special Judiciary.

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HB 176. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the pro visions relating to venue in juvenile proceedings; to provide that a juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit where such judge presides.
Referred to the Committee on Judiciary.
HB 177. By Representatives Klein of the 39th, Kinnamon of the 4th, Barnes of the 33rd and Campbell of the 42nd:
A bill to amend Article 1 of Chapter 7 of Title 24 of the Official Code of Georgia Annotated, relating to authentication of writings in general, so as to provide for the authenticity of medical reports; to provide for admissibility of such medical reports.
Referred to the Committee on Judiciary.
HB 178. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys, so as to authorize the appoint ment of additional assistant district attorneys, subject to certain conditions; to provide for duties of assistant district attorneys with respect to rights of victims of crimes.
Referred to the Committee on Judiciary.
HB 179. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Bargeron of the 120th, Purcell of the 9th and others:
A bill to amend Article 1 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to the Department of Veterans Service, so as to provide that no person shall be appointed to or employed in the position of a veterans service field office manager unless such person has served in the armed services of the United States during a war or conflict in which the United States was engaged.
Referred to the Committee on Defense & Veterans Affairs.
HB 180. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Bargeron of the 120th, Purcell of the 9th and others:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state and other flags, so as to provide for the display of the American flag and the state flag at certain locations on Memorial Day and Veterans Day.
Referred to the Committee on Defense & Veterans Affairs.
HB 181. By Representatives Hugley of the 133rd, Taylor of the 134th, Heard of the 89th, James of the 140th, Mobley of the 69th and others:
A bill to amend Code Section 44-12-131 of the Official Code of Georgia Annotated, relating to duration of pawn transactions, so as to change the interest and repossession fees for pawn transactions involving motor vehicles or certificates of title therefor.
Referred to the Committee on Judiciary.

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89

HB 182. By Representatives Mueller of the 152nd, Randall of the 127th, Smith of the 174th, Bostick of the 165th, Hembree of the 98th and others:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Anno tated, relating to advertisement of judicial sales, so as to require that the street address of real property be included in such advertisement.
Referred to the Committee on Judiciary.

HB 183. By Representatives Coleman of the 80th, Coleman of the 142nd, Smith of the 175th, Cummings of the 27th, Purcell of the 147th and others:
A bill to amend Code Section 20-2-915 of the Official Code of Georgia Anno tated, relating to health insurance coverage for retiring and retired public school and certain community college employees and dependents, so as to provide such coverage for certain retired public school and community col lege employees.
Referred to the Committee on Retirement.

HB 184. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 3 of Title 40 of the Official Code of Georgia Anno tated, relating to motor vehicle certificates of title, security interests, and liens, so as to provide that a motor vehicle dealer may submit the application for a certificate of title for any vehicle purchased from such dealer with any local county tag agent.
Referred to the Committee on Motor Vehicles.

HB 185. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to change certain proce dures regarding the reporting of an abandoned motor vehicle.
Referred to the Committee on Motor Vehicles.

HB 186. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-11-9 of the Official Code of Georgia Anno tated, relating to derelict motor vehicles, so as to provide for an additional method of determining the value of a derelict vehicle.
Referred to the Committee on Motor Vehicles.

HB 187. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Anno tated, relating to instructors in driver training and operators of driver train ing schools, so as to provide that instructors teaching driver training in accredited schools shall be exempt from licensing requirements of this chap ter only if academic credit is awarded to students for such driver training course.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

HB 188. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to authorize that certain persons under age 21 who successfully complete driver training and testing from an approved licensed driver training school shall be exempt from certain test requirements for obtaining a driver's license.
Referred to the Committee on Motor Vehicles.

HB 189. By Representatives Pinholster of the 15th, Stancil of the 16th, Mann of the 5th, Harris of the 17th, Lane of the 146th and others:
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 for creation of a special and distinctive wildflower license plate; to provide for fees; to provide for dedica tion of such fees to the Georgia Wildflower Project Trust Fund.
Referred to the Committee on Motor Vehicles.

HB 190. By Representative Holland of the 157th:
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, so as to provide for toll free telephone service between telephones where the central offices serving the telephones are within 21 miles of each other; to amend Code Section 50-5-200 of the Official Code of Georgia Annotated, relating to the use of funds in Universal Service Fund, so as to delete an obsolete reference.
Referred to the Committee on Industry.

HB 191. By Representative Barnes of the 33rd:
A bill to amend Code Section 5-6-35 of the Official Code of Georgia Anno tated, 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 192. By Representative Barnes of the 33rd:
A bill to amend Article 1 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions relating to the Georgia Bureau of Investigation, so as to provide for investigative subpoenas for the production of documentary evidence in any investigation within the jurisdic tion and powers of the bureau.
Referred to the Committee on Judiciary.

HB 193. By Representative Barnes of the 33rd:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and appeals of ad valorem tax assessments, so as to provide that members in good standing of the State Bar of Georgia are qualified to serve as arbitrators.
Referred to the Committee on Ways & Means.

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HB 194. By Representative Barnes of the 33rd:
A bill to amend Code Section 44-14-80 of the Official Code of Georgia Anno tated, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, so as to provide for the reversion of title to real property conveyed to secure a debt or debts when the record of conveyance or the conveyance states or fixes the maturity date of the debt but such instrument contains an affirmative statement of intent.
Referred to the Committee on Judiciary.
HB 195. By Representative Barnes of the 33rd:
A bill to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations on actions, so as to change the provisions relating to the tolling of an action between the death of a person and the commencement of representation upon such person's estate and the tolling for an unrepresented estate having a maximum of five years.
Referred to the Committee on Judiciary.
HB 196. By Representative Barnes of the 33rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for local governmental respon sibility in the operation of vehicles; to provide for a short title.
Referred to the Committee on Motor Vehicles.
HB 197. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 198. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Anno tated, relating to deposit by sheriff in certain counties of cash bonds and reserves of professional bondspersons in interest-bearing accounts and dispo sition of interest, so as to change certain internal cross-references.
Referred to the Committee on Judiciary.

HB 199. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of mat ters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

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HB 200. By Representative Carter of the 166th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to the use of state parks and prohibited acts therein, so as to provide that it shall be unlawful to hunt, trap, or pursue wildlife in a state park unless the weaponry and methods used have been approved by the com missioner of natural resources.
Referred to the Committee on Game, Fish & Parks.

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.
Referred to the Committee on Appropriations.
HB 202. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1995 and ending June 30, 1996.
Referred to the Committee on Appropriations.
HR 11. By Representatives Kaye of the 37th, Lakly of the 105th, Westmoreland of the 104th, Lifsey of the 6th, Johnson of the 97th and others:
A resolution claiming sovereignty under the Tenth Amendment to the Con stitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
Referred to the Committee on Judiciary.

HR 55. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Bargeron of the 120th, Purcell of the 9th and others:
A resolution recognizing and commending Georgia's World War II veterans; providing for the permanent display at the James H. "Sloppy" Floyd Veter ans Memorial Building of a plaque, flag, and 50 posters depicting important events that took place during World War II.
Referred to the Committee on Defense & Veterans Affairs.

HR 56. By Representatives Pinholster of the 15th, Stancil of the 16th, Mann of the 5th, Harris of the 17th, Lane of the 146th and others:
A resolution proposing an amendment to the Constitution so as to provide for the creation of the Georgia Wildflower Project Trust Fund.
Referred to the Committee on Appropriations.

HR 57. By Representatives Snow of the 2nd, Golden of the 177th, Bates of the 179th, Ray of the 128th, Channell of the lllth and others:
A resolution proposing an amendment to the Constitution so as to change the composition of the Public Service Commission; to provide for the election of the members of the Public Service Commission by the voters of Public Service Commission Districts.
Referred to the Committee on Industry.

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HR 58. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to provide that the Public Service Commission shall be composed of as many members as there are congressional members in the state.
Referred to the Committee on Industry.

HR 59. By Representative Holland of the 157th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for a State Compensation Board.
Referred to the Committee on Appropriations.

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

HB 11 HB 12 HB 16 HB 18 HB 25 HB 26 HB 31 HB 32 HB 53 HB 58 HB 59 HB 130 HB 131 HB 132 HB 133 HB 134 HB 135 HB 136 HB 137 HB 138 HB 139 HB 140 HB 141

HB 142 HB 143 HB 144 HB 145 HB 146 HB 147 HB 148 HB 149 HB 150 HB 151 HB 152 HB 153 HB 154 HB 155 HB 156 HB 157 HB 158 HB 175 HR 2 HR 50 HR 51 HR 52 HR 53

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill and Resolu tion of the House and has instructed me to report the same back to the House with the following recommendations:
HB 60 Do Pass HR 30 Do Pass
Respectfully submitted, Is/ Lee of the 94th
Chairman

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Representative Royal of the 164th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 123 Do Pass
Respectfully submitted, /a/ Royal of the 164th
Chairman

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

HB 123. By Representative Barnard of the 154th:
A bill to create the Tattnall County Board of Elections and provide that it will succeed to the powers and duties of the election superintendent.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

HR 65. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A resolution commending the Thomas County Central High School football team and inviting the team to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 66. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Mr. Thomas E. Haisten.

HR 67. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Mr. Noel C. Conaway.

HR 68. By Representative Pelote of the 149th: A resolution commending and congratulating Rev. Matthew M. Odum.

HR 69. By Representative Pelote of the 149th: A resolution commending Ms. Jeannie Padgett.

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HR 70. By Representative Lord of the 121st:
A resolution commending the Washington County Golden Hawks football team.

HR 71. By Representative Wall of the 82nd: A resolution commending Stacie Marie Kimbro.

HR 72. By Representative Barnes of the 33rd: A resolution commending Eric Zeier.

HR 73. By Representatives Ray of the 128th, Murphy of the 18th and Connell of the 115th:
A resolution commending the Georgia Citizens for the Arts.

HR 74. By Representative Cummings of the 27th:
A resolution recognizing the month of May, 1995, as "Motorcycle Awareness and You Month" in Georgia.

HR 75. By Representatives Godbee of the 145th and Lane of the 146th: A resolution commending Karen Doty.

The Speaker announced the House in recess until 11:00 o'clock this morning.
The Speaker called the House to order.
The hour of convening the Joint Session pursuant to HR 15 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Governor, was called to order by the President of the Sen ate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, His Excellency, Governor Zell Miller, appeared upon the floor of the House and delivered the following address:

Lieutenant Governor Howard, Speaker Murphy, Members of the General Assembly, Members of the Judiciary, members of the Consular Corps, ladies and gentlemen:
I thank you for this opportunity to come before you once again to report on the state of this great State, and lay before you the budget that will set the course I believe we must travel. And I am proud to report that Georgia is striding toward the new century with a strength and confidence that is turning heads all across the nation and around the world.
Pick up the Los Angeles Times, and there is Georgia's HOPE Scholarship Program. Pick up the New York Times or tune in "Good Morning America," and there is Georgia's telemedicine program.
Turn on the network news, and there is Georgia's "two strikes" provision that makes us the toughest state in the nation on violent crime.
Not even counting Olympic-related visitors, international travelers to Georgia increased by 34 percent last year. And international trade by Georgia firms rose 23 per cent. Last year alone, 132 new manufacturing plants were announced in Georgia, and the value of their investments represents an increase of 176 percent over 1993.

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1994 was the third year in a row that Georgia was the fastest growing state east of the Rocky Mountains -- 577,000 new Georgians over the past four years, and that will continue for the next four.
We have created more new jobs in the past four years than all but two other states. Together, we set the stage for that growth with a record of fiscal responsibility. We cut state spending by $700 million. We cut income taxes twice by a total of $130 million.
Our rainy day savings account, which was completely empty four years ago, is now full at $267 million. That is its highest level in history. And we continue to maintain our top bond ratings.
Without question, Georgia is clearly a progressive, exciting place where people and businesses want to be. But there is more to do. For if we slack off, if we slow down, our competitors will overtake us. As someone once said, even when you're on the right track, you'll still get run over if you just sit there.
As you already know from my inaugural address, education is and will continue to be the top priority of this administration, because it addresses so many of the other chal lenges we face, from crime to economic development. And education, of course, is the focus of the legislative and budget proposals I bring to this session of the General Assembly.
Let me underline this, because there's never been anything like it: 73 percent of the money added to the current fiscal year in the supplemental budget is going for education. And 66 percent of the increased funding in the FY 96 budget is dedicated to education.
But let's also understand this: Much of the new funding and many of the exciting and unique initiatives Georgia is now able to undertake in education are the direct result of the lottery, which is injecting more than $400 million dollars into the budget.
The HOPE scholarship program is the most far reaching program in the United States. It is Georgia's G.I. Bill. And I am proposing that we make it even more far reach ing by expanding it in several ways:
First, give college students who lose their "B" average one second chance to earn their way back by getting their grades back up to a 3.0.
Second, remove the income cap to make all Georgia families eligible. This a scholar ship program, not an entitlement. I believe it should reward hard work, regardless of income level.
Third, give students who could not go to college right out of high school a chance to earn their way on to HOPE by maintaining a "B" average during their first two years of college.
Fourth, give outstanding students at our public and private colleges an incentive to become teachers. If they have a 3.6 grade point average or better, HOPE would provide forgivable loans for up to $3,000 a year during their junior and senior years. They would pay off their loans by teaching in Georgia public schools for four years.
I also want to provide 1,000 scholarships each year of up to $10,000 each for teachers to pursue advanced degrees at public or private colleges in demanding areas where we are experiencing teacher shortages. And in return, the recipients would teach in Georgia public schools for four more years.
And finally, I am proposing another $500 increase per Georgia student in the Tuition Equalization Grant for our private colleges and universities. This makes a TEG total of $2,500 per student, or three times what it was four years ago. It will make Georgia's TEGs the highest in America.
Our pre-kindergarten program for four-year-olds is also unique. We are serving about 20,000 four-year-olds, with at least one program in nearly every county of the state. These programs are locally designed and locally controlled and they use both public and private providers.
No other state has reached out to such a high percentage of at-risk four-year-olds. We're reaching about 50 percent of ours. And no other state provides voluntary prekindergarten for all four-year-olds, as I am recommending.
I cannot overstate the importance of this program. Not only will pre-kindergarten save the state up to seven dollars down the road for every one dollar we spend on it. But prekindergarten is also one of the most effective crime prevention programs we could have.
Yes, Georgia is catapulting ahead of the rest of the nation in these areas, and I'm proud of it. I hope you are, too. But there are other areas where we must improve.

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Something is wrong in education; something is wrong when, as an educator, the fur ther away from the children you get, the more money you make and the more prestige you receive.
I want to change that in Georgia. That's why I am asking for you to help Superintend ent Shrenko and me perform radical surgery on the education bureaucracy of this state. This budget cuts $30 million out of the education bureaucracy and puts it into the class room. Because I believe the closer we can keep the money to the children, the more good it will do our children.
This budget cuts central office administration, both in our local school systems and across the street at the state level. The money would then be used for technology special ists and elementary school counselors.
It would free up a teacher for part of the day at every single school in this state to share technology skills with their colleagues -- a teacher who has been trained and is skilled in using classroom technology.
And we can complete the process we began last year of providing counselors in the elementary grades, so that for the first time ever we will have state-funded counselors for every grade, K-12.
In moving this money to the classroom, I am proposing a fundamental change in the way the state funds central office personnel for school systems. My plan creates six levels based on the size of the school system, beginning with three central office staff for the smallest systems and then ranging up to 12 positions for the largest systems. From three to 12 administrative staff in the central office, paid for by the state. Shouldn't that be enough?
And I emphasize, these cuts are from the local system's central office, and not a single one is at the school level. Under this plan, there are no cuts anywhere in school level staff, and don't let anyone tell you that there is.
As I said in my inaugural address on Monday, our children need and deserve a high quality education. And if we want to require a higher level of performance from our teach ers, then we need to be willing to pay quality salaries. But teachers must understand that in return for higher salaries, the citizens of Georgia will expect higher quality in the class room and higher levels of student achievement.
When you build a house, you hire a skilled electrician, because you don't want to wake up some night and find your house on fire from faulty wiring. You hire a skilled plumber, because you don't want a ceiling to fall in some day from a leaky pipe.
You have to pay more to get good work, but you do it, because quality is important to your future life in that house. And in exchange for paying more, you expect a standard of work that lives up to the additional cost. It's the same with education. I want a higher level of excellence for Georgia's children, and I'm willing to pay more to get it.
Do a little arithmetic with me. Our annual teacher's salary is about $5,000 below the national average. If you will join with me in committing to a 6 percent increase each and every year for the next four years Georgia will reach the national average by the end of this administration. That is my goal, and if you will help me, we can do it, even taking into consideration that the national average is a moving target, as other states also enact increases.
It is the same with our University System. We are making significant progress and gaining national recognition, but our faculty salaries are far from where they need to be to attract and keep the best teachers. We are sixth in the Southeast. That's completely unacceptable for the Empire State of the South, the capital of the Southeast.
Again, if you will join with me in committing to a 6 percent salary increase each and every year for the next four years we can move Georgia up among the top states in the Southeast, again taking into consideration that we're shooting at a moving target. I under stand that to do this will not be easy. But it can be done. And I believe it must be done.
And to spur teachers on in this quest for classroom excellence and improved student achievement, I want to expand the pay-for-performance initiative we began last school year. It rewards excellence with real bonuses, similar to those in the private sector.
Each school that chooses to participate, sets its own goals for improving student per formance, and works together to achieve them. For example, Tritt Elementary School in

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Cobb County decided last school year that they wanted at least 90 percent of their third and fifth grade students to meet or exceed state performance standards for math. By the end of the year, 99 percent of the students in both grades had met the state standards!
Successful schools like Tritt who meet their goals earn funds equal to $2,000 per teacher. And the faculty of these schools -- the ones who achieved the goals -- decide how to spend that money at their school.
This school year the program has just about tripled to include 45 schools. And the money you see in the budget is to reward them next summer if they meet the student achievement goals they set for themselves.
Some of you may have noticed that last week 81 gifted teachers in the United States were awarded national teaching certification -- the idea being to raise standards for teach ers and elevate their status, treating them more like doctors and other professionals.
Two of those 81 teachers are Georgians. I'm proud to say that they are here with us this morning in the gallery, and I'd like to ask them to stand: Karen Doty of Marvin Pittman Elementary School in Bulloch County, and Shari Britner of Snapfinger Elemen tary in DeKalb County.
To encourage Georgia teachers to improve their skills and raise standards, I will pro pose that the state pay the participation fee for all teachers seeking national certification if they have taught at least three years. And, for those who earn national certification a
one-time 5 percent increase in their salaries over and above the annual increase. Also present in the gallery, are Georgia's teachers of the year for the past five years,
and I'd like to ask them to stand: Cathy Pittman of Glynn County, Valleye Blanton of Lowndes County, Nancy Royal of Coweta County, Sue Ellen Cain of Carrollton City, and Jeff White of Gwinnett County. We're proud of each of you, and I'm looking forward to
having lunch with you after this long speech. One of the most important programs I want to begin is called "One At a Time." It
will create one-on-one mentoring relationships for students in the middle grades. It will
pair adults with students who are at risk, to give them a positive role model and a special
personal relationship which can help them as they make decisions on their future. The funds in the budget are for local grants to schools and communities to help with
the cost of planning and coordinating these volunteer programs. And I want to give those
high school students who are not headed for college some real, hands-on experience in the
work place. The youth apprenticeship program I started is now at 24 sites and working well. I
want to expand it, and continue to build a partnership between business and education
that will make training for a job part of the classroom experience. On Monday I said that it's time for our schools to give a warranty on their product
in the form of a guaranteed diploma. And Tuesday an administration bill was introduced
to do just that. What I am proposing is that high schools issue to their graduates a twoyear warranty on a basic standard of academic skills in reading, writing and math. If an employer discovers that the graduate's skills do not live up to the warranty, then the
employer can request additional education for the graduate at a technical institute at no
cost to the graduate or the employer. I want to give children and their parents more choices, to allow local schools to be
creative and innovative, and concentrate on achieving high student performance rather
than on meeting state regulations. We passed Georgia's charter school law in 1993 and have offered information and
assistance to schools at two state-wide conferences since then. But our schools are still
hesitant to take advantage of this opportunity. So another piece of legislation I will propose will make it easier to start charter
schools, by requiring only a majority vote rather than two-thirds, by extending the term of the charter from three years to five, and by giving charter schools preference in grant
programs for local school improvement. And then the budget includes $50,000 to provide local schools with planning grants to prepare their charter school applications.
And for students who want or need more time in the classroom, I want to expand our summer programs. We have the Governor's Honors Program for gifted students.
And last summer, for the very first time, we gave local school systems funding for
summer programs to help students in grades 4-8 who were falling behind. It was voluntary,

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and the systems were given extensive flexibility to be creative in developing their own pro grams. Demand was greater than anyone ever imagined, and I want to open the doors to more students to be part of these creative summer programs.
The budget also continues and expands the Crossroads alternative school program we began last year. It provides grants to local systems for programs they design to meet their own needs for alternative schools. We now have 81 local programs. And with the expansion I am proposing, we will have a statewide alternative school program.
As the demand for a skilled workforce grows, more and more jobs are requiring addi tional training beyond high school. At the same time, the HOPE Scholarship Program has made technical training affordable for virtually every Georgia citizen. The combination of these two factors has sent enrollments soaring at our technical institutes. They are serving more than 200,000 students, and many of them have waiting lists.
So the focus of our efforts in the Department of Technical and Adult Education has been to build, equip and staff all the facilities we need to meet the demand and train Georgians for the jobs of the future. Presently, the largest construction program in the his tory of Georgia technical education is underway, with new or expanded buildings on almost every campus.
But we are determined to expand technical education in a cost-effective way that focuses on the students with a minimum amount of additional administrative overhead. And that is why, instead of creating a lot of new institutions, we are building satellite cam puses from our existing institutions. You are going to find that the budget continues the systematic expansion of several of these facilities, equips the new facilities we have coming on line and provides the teachers they require.
During the past four years, Shirley has devoted a lot of her time to adult literacy, and Georgia has become one of the leading states in the nation in this critical area. Since 1990 the number of Georgians getting their GED has grown more than twice as fast as the national average. And last year we hit an all-time record high, with 21,200 Georgians receiving GEDs.
Although that's one of the highest rates in the nation, I believe we can do even better. It costs $25 to take the GED, and I want to waive that fee so that nothing stands in the way of adults continuing their education. And, you will remember, along with every GED diploma comes a $500 voucher from the HOPE scholarship program toward cost of attend ing any college or technical institute in Georgia.
During my first term, we began an effort to put a full-time literacy teacher in every Georgia county, and 83 counties are now covered. This budget includes funds to add another 25 counties and provide some computers for their students.
Nowhere is this state closer to achieving national prominence and leadership than with the University System of Georgia. You don't have to take my word for it. Ask Chan cellor Portch. Look it up in US News & World Report and other periodicals. Our enroll ment growth continues to outstrip most of the nation. More and more of our University System units are appearing in the national rankings.
As I noted last week in my supplemental budget address, we want to undertake sev eral exciting new technology initiatives under Dr. Portch's leadership. And that continues to be the theme for the University System in next year's budget.
Not only do we need to continue rewiring and retrofitting our older buildings to accommodate high-tech labs and distance learning classrooms, but we also want to use technology to make new connections. We want to connect all the libraries in the system, enabling them to use technology to share resources for students and faculty in a costeffective way.
We want to connect University system units with their partners in private industry, strengthening a relationship that fosters economic growth. We want to connect students with student services, to serve them faster and better.
And we want to connect technology with teachers, by expanding the academic pro grams that use distance learning. I also want to forge a stronger connection between minority institutions of higher education and the minority business community.
So I am proposing some expansions to the Economic Development Center at Clark Atlanta University, and a match for federal funds at Savannah State College to promote

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economic ties between Africa and Georgia. And we are going to keep the Georgia Minority Supplier Directory up to date and broadly distributed.
I am also recommending that we continue a significant level of funding for the Geor gia Research Alliance. As most of you know, the Research Alliance is Georgia's answer to North Carolina's Research Triangle -- a partnership of Georgia's six research universities, private industry and state government to generate economic development in advanced technology.
The state's role is to provide "seed" money to build and equip labs, and create endow ments for the eminent scholars who drive the whole process. And it attracts other invest ments like a light attracts moths. Let me give you an example.
We appropriated $1 million toward an endowment for an eminent scholar in designing new faster, cheaper electronic microchips. It was matched with another $1 million in pri vate funds. This endowment enabled the Research Alliance to recruit one of the top experts in the world. And the presence of this man being here in Georgia enabled us to attract a $40 million national research center.
This center has 35 major corporate sponsors nationwide. And over the next decade, its work will help to generate some 2 million new jobs in the U.S. electronics industry and
another 5 million jobs in support industries. And Georgia will be right in the middle of it all. That's one example of the tremen
dous potential of the seed money we invest in the Research Alliance. During the past four
years, we have invested $58 million in the Research Alliance, and it has leveraged another
$177 million from other sources. I will continue to support this significant program in a significant way each and every
year I'm Governor. I've now been talking with you for about 30 minutes about education. And I could go on talking about education -- what we're doing, what we still need to do;
where I want to go, where we must go. But some of you might want some lunch eventually, so I'm going to move on to
another pressing issue that is a top priority for all of us: law enforcement. Let me begin
with the most pressing and distressing aspect of it -- juvenile offenders. They have been increasing rapidly, both in numbers and in the seriousness of the crimes they commit. And
we are in the midst of a massive effort to respond in an unprecedented manner in this
state. We are not only increasing the number of beds for juveniles, but we are also expand
ing the types of correctional programs we provide, so that we can respond appropriately
to the needs of all kinds of young offenders. This effort is now in the capable hands of Gene Walker, whose sheer size is enough
to impress anyone, but who has a heart of gold, a deep commitment to youth and a lot of expertise and experience to bring to this job. And I want to give Gene Walker the tools he needs to do the job. It begins with an increase of $17 million for DCYS in the supple
mental budget. Then the FY 96 budget continues that new funding and adds to it, bringing the
increase up to $35 million and the department's budget to nearly $125 million. In addition
to that, I am recommending $35 million more in bonds for DCYS construction. Last year you helped me change the law to require that teenagers who commit certain
violent crimes be tried and sentenced as adults. We are doing that, and they are serving their sentences in a separate facility run by the Department of Corrections.
But we still have a lot of young toughs who are tried as juveniles and sentenced to
Youth Detention Centers, where they are disruptive and impossible to control. I propose
to put those offenders in Eastman, and ease overcrowding at the YDC's as well as remove the worst behavior problems. So we're going to expand the Eastman facility.
We're also expanding our YDC's to provide more beds, and improving these facilities and upgrading their staff so that they can do a better job of reclaiming the non-violent
offenders. Then for certain other juvenile offenders, we've begun a youth boot camp at
Davisboro. To supplement our wilderness programs, we've opened the Excel program, operated by
a private firm that specializes in alternatives to incarceration for juveniles. And we are expanding the placement slots for youth who are so seriously disturbed that they can't
function in any of these programs.

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We are also making tremendous progress with adult offenders. On January 1st our "two strikes" provision went into effect, and Georgia now has the toughest law on violent crime of any state in the nation.
We are making it clear that here in Georgia, life is precious, and if you damage or destroy it, the consequences will be heavy. And we are going to have the prison beds ready, so that those who do the crime will also do the time. The supplemental budget includes funds for 1,600 new beds in fast-track expansions to four existing prisons.
The FY 96 budget does more of the same. It expands the Washington and Hancock Correctional Institutions for a total of nearly 400 new beds, and includes planning funds for two new prisons of 1,000 beds each.
And we must expand our substance abuse programs, because three-fourths of our prison inmates and two-thirds of our probationers have significant substance abuse prob lems.
But there is much more to law enforcement than prisons. I believe that every offender who is convicted but not sent to prison ought to be required to do some community service and give something back to the community they wronged. I'll be bringing you a bill to require that, and you'll find funds in the budget to begin phasing it in.
And once again, my friends, as I have every one of the past four years, I'm going to be coming with tougher proposals for DUI. I want mandatory jail time, even for first-time
offenders. I want to eliminate nolo pleas completely. I want to impound the license plates of those convicted of driving when their license has been suspended for habitual DUI. And finally, for young drivers, I will send you legislation to reduce the legal tolerance for alco
hol in the blood of minors under age 21 to zero. I also want to prohibit young drivers under 18 from driving between one and six in
the morning, with appropriate exceptions such as medical emergencies, traveling to or from
jobs, or when a parent is with them. And I will push for legislation to require all passen gers to wear seatbelts in vehicles driven by teenagers under 18.
Data from the Insurance Institute for Highway Safety indicates that 16-year-olds are
eight times more likely to have a vehicle crash than adult drivers. And the cause of those crashes is largely inexperience and errors in judgment. Experts say it takes about two
years to learn to drive defensively and become fully aware of how quickly you can lose control. So I believe these limits are appropriate.
My package of crime legislation will also include three bills that address the judicial
process. First, I want to set a limit of only one state appeal for criminals who have been sentenced to death. Many death row cases drag on for 10 years or more, with one appeal
after another. We cannot do anything about federal court appeals. But by restricting state death penalty appeals, I believe we can reduce by two-thirds the time between the imposi
tion and implementation of the death penalty. Second, I want to make our bail provisions tougher for those violent criminals who
have been arrested and charged with their second strike under the "two strikes" provision. Third and very important, I am proposing that we add an assistant district attorney
for each of our 46 judicial circuits. They will be advocates for victims' rights, and help to speed up prosecutions and deal with the increased number of trials the "two-strikes" legis
lation is expected to cause. Let me say just a few words about a most important issue -- economic development.
Last year we created Georgia's BEST -- our Business Expansion Support Team. You
remember, this program provides tax incentives both to attract new companies to Georgia and to help existing Georgia businesses expand. And it's working; it's working well.
The value of investments in new manufacturing facilities went up 176 percent last year; expansions increased by 10 percent, and the number of new jobs being created by
these investments went up 21 percent. BEST is an important part of our pro-business climate that promotes this kind of
growth. And I'm going to ask for your help to fine-tune this program based on our practi
cal experience, to make BEST even better. But the main focus of our efforts for the coming year is to make the most of the eco
nomic development opportunities presented by the 1996 Olympics. Make no mistake about it, folks, this is it!! By the time this big budget, before you now reaches its close, the start
of the 1996 Olympic Games will literally be only a few days away. It's now or never.

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So I am proposing $10 million, you heard me right, $10 million for a statewide mar keting campaign called "Georgia Global Now" to advertise and promote a powerful image of Georgia, its products, its tourist locations and its pro-business climate.
We will target influential travelers, who travel the world for business and pleasure and who make or influence business decisions. Granted, we've never done anything like this before, but then we've never had anything like the Olympics before, either.
As I noted at the beginning, Georgia's international trade rose 23 percent last year. But the Olympics give us a great opportunity to do even better. And I want to give Geor gia companies the help they need to use this once-in-a-lifetime opportunity to expand their exports.
That's why I want to create a Georgia Export Assistance Center in conjunction with the new Federal Regional Export Assistance Center. It will have a 1-800 phone line, and use the telecommunications network we built for education to also serve businesses all over the state through video conferences and distance learning.
And at the other end of the pipeline, I want to expand our trade representation to new parts of the world. As you probably already know, Georgia has trade representatives in Europe, Japan, Canada, Mexico and Taiwan. I want to expand into the other emerging world markets. And there's $400,000 in the budget for a Georgia trade representative in
China, Southeast Asia, India and South Africa. We have made $167 million in improvements to our ports in the past four years,
which are being paid for from port income. And the deepening of the Savannah River channel has eliminated shipping delays caused by low tides and opened the ports to 98
percent of the world's shipping fleet. As a result, our state port facilities are now moving more than 9 million tons of cargo
a year. Savannah's container cargo has increased by 25 percent just since 1990, and it is becoming one of the premier container ports in the United States.
So, to help handle our increasing volume of trade, I am asking you to fund a new con tainer berth at the Garden City port terminal. And to continue to improve our ability to
move those goods through the state, another $125 million increment for economic develop ment highways.
We are also continuing to improve our state parks. I especially want to mention Lake
Richard Russell. South Carolina has already developed its side of this lake into a tourist
attraction, and we want to take advantage of that on the Georgia side. You will also notice in the budget that the additional funds generated from hunting
and fishing licenses continue to be devoted in their entirety to developing and upgrading
public fishing and wildlife management areas. I am also proposing $5 million in bonds to begin River Care 2000. Modeled on Preservation 2000, this program will use public and
private funds to protect natural property along our rivers. The budget has historic preservation funds as well, including the Heritage 2000 pro
gram, which provides grants to local communities to help restore historic buildings. His toric sites not only preserve our heritage, but they are also part of our tourism
infrastructure. Our Office of Historic Preservation is doing an outstanding job in operating programs
and attracting funds to Georgia. And I have upgraded it to a Division to give this impor
tant aspect of our life and heritage the attention it deserves. Important as all these facilities are however, it is people who, in the words of Carl
Sandberg, are the "human reserves that shape history." And in the area of human resources, we continue our efforts to expand community-based services for emotionally dis
turbed children, the elderly, the mentally ill, the mentally retarded and the homeless. I am also recommending that we continue to expand the well received and highly suc
cessful Family Connection program, which was started with a private grant from the
Whitehead Foundation. This program works at the local level to bring together the agen cies that serve at-risk families and coordinate their efforts into a seamless web of support.
We now have 55 local programs, and our pre-kindergarten and alternative school programs
are tied into them. I am recommending that we move forward with implementing The Family Connection
in the 25 communities that got planning funds last year, and provide 15 new communities
with planning funds.

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103

I also want to mention several new health care initiatives. First, the use of advanced computer and communications technology to solve public health emergencies and strengthen public health programs.
The Robert W. Woodruff Foundation has generously given us a grant of more than $5 million to develop an Information Network for Public Health Officials. And I am rec ommending the additional $1.5 million it requires.
This innovative, collaborative network will connect all 19 public health districts with state health officials, and with resources like the Medical College of Georgia, the Centers for Disease Control and Emory University's School of Medicine. It will continue and strengthen Georgia's national leadership in using telecommunications technology to upgrade medical services.
And second, one of the exciting developments in health care has been the formation of the Georgia Coalition for Health -- a group of Georgia business people, health care providers, citizens and government representatives coming together to work out their dif ferences on this important issue.
The resolution of the different perspectives they represent is critical to health care reform. So I have included funds for the Health Policy Center at Georgia State University to serve as the vehicle for this Coalition. They have agreed to take up the recommenda tions of the Health Care Commission in their discussion of how to resolve their differing positions, and I thank them for that.
But in the meantime, I want to move forward with two of the Commission's recom mendations. First, insurance reform legislation to make it easier for Georgia workers and their families to obtain health insurance and maintain it when they change jobs.
And second, a Department of Public Health, to single out from the massive Depart ment of Human Resources those functions that relate to physical health and public health issues. And I am proposing that the board for this new department have a majority of health care professionals on it, and that the commissioner be a medical doctor.
We've got some departments in state government that are trying to do several differ ent things all at the same time, and consequently not doing them as well as they could be done. We need some reorganization to allow our agencies to focus all of their attention on doing a particular function efficiently and well.
Making government serve citizens better is the reason for a Department of Public Health, and it is also the reason I am proposing a new Department of Motor Vehicles for processing vehicle titles and tags.
I believe that if we take this important function out of the shadow of the Department of Revenue, whose primary responsibility should be the collection of state taxes, we can provide better, faster service for the citizens of this state.
And if you also adopt the bill that I will offer to stagger the renewal of tags, we can handle this service quickly and efficiently with a minimum of administrative overhead. I'm getting close to the end. Just a few more important matters.
One of the most important, a 5 per cent pay increase for our dedicated state employ ees: more than the rate of inflation.
And then I have proposed a resolution calling for a constitutional amendment that will require a referendum on any and all state tax increases.
And yes, I will ask you to pass my bill to remove the sales tax from groceries. It is the fair and right thing to do. If you will pass this bill, next year at this time, I will
present to you a budget with $122 million in reduced spending and revenue growth to
implement it. I'll do the same in 1997, with another $125 million. And then again in 1998 with $132
million. And the budget I prepare for 1999 will include the final $141 million to fully
implement it. And then there will be no state tax on groceries in Georgia. It will not be easy. But we can do it, and Georgia will continue to grow and prosper.
These are the highlights. I have left out a lot of the details, the highlights of the legis
lative package I will send you. It includes other items, like the legislation required to settle the court suit regarding federal and military retirees and a tougher littering law to encour
age Georgia to present a clean face for the Olympics.

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This old professor has now lectured for about the length of one class period, and I've barely scratched the surface of this budget, which is the tool that will enable us to achieve the results I've been describing.
But the focal point of it all is and will continue to be improving the education we give our children. And again, I remind you that two-thirds of the increased spending in this budget goes to education. It also continues cracking down on crime, especially violent crime, reducing taxes for our working families, and making government work better for the citizens it serves.
I know that you, regardless of political party, share those goals, and I look forward to working with you over the course of the next 36 days to make Georgia stronger and better for the years ahead.
God bless you. And God bless Georgia.

Senator Perdue of the 18th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.

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

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AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 90. By Representatives Buck of the 135th, Baker of the 70th, Birdsong of the 123rd, Orrock of the 56th, Bordeaux of the 151st and others:
A bill to amend Chapter 2 of Title 48 of the Official Code of Georgia Anno tated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to cer tain retired federal employees; to provide for a short title.
The following Committee substitute was read:
A BILL
To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for refund claims and procedures; to provide for rights and duties of claimants; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Office of State Administrative Hearings; to provide for automatic repeal of the forego ing provisions; to provide an effective date; to provide implementation of this Act only upon dismissal of litigation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state adminis trative organization, administration, and enforcement, is amended by adding a new article at the end thereof, to be designated Article 4, to read as follows:
"ARTICLE 4
48-2-100. This article shall be known and may be cited as 'The Federal Retiree Refund Act of 1995.'
48-2-101. It is found and determined by the General Assembly of Georgia:
(1) That under the United States Supreme Court decision of Davis v. Michigan Dep't of Treasury, 489 U.S. 803 (1989), the state collected taxes from retired federal employ ees pursuant to a Georgia statute which was subsequently found unconstitutional; and (2) That although the Georgia Supreme Court found the Georgia statute unconstitu tional under the Davis analysis, it found that the Georgia refund statute found at Code Section 48-2-35 did not apply; and (3) Charles J. Reich, Petitioner, appealed the decision of the Georgia Supreme Court to the United States Supreme Court in the matter of Charles <L Reich v. Marcus E. Collins and The Georgia Department of Revenue, United States Supreme Court, Case Number 93-908 and that case was decided unanimously in favor of the petitioner on December 6, 1994, by the United States Supreme Court and was remanded to the Georgia courts for relief consistent with due process; and that this decision mandates

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meaningful relief which requires the establishment of a common fund for Georgia fed eral retirees; and (4) That it is in the state's best interest to end such litigation through a dismissal with prejudice of the Reich case and by providing for a refund procedure and for refunds specific to retired federal employees who meet the requirements of this article.
48-2-102. As used in this article, the term:
(1) 'Attorneys' fees' means the percentage amount specified by this article to be paid from the common fund to counsel of record for the petitioner in the United States Supreme Court case of Reich v. Collins for payment of attorneys' fees and all expenses of litigation. (2) 'Common fund' means the total dollar amount of principal to be refunded with simple interest calculated pursuant to this article to eligible recipients. (3) 'Eligible recipient' means a retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 and who timely filed a refund claim for that tax year. (4) 'Installment payments' means those payments of principal and interest thereon to eligible recipients which are to be made according to the schedule provided for by this article. (5) 'Principal' means the taxes collected in tax years 1985, 1986, 1987, and 1988 by the state from retired federal employees which taxes were unconstitutional under the principles set forth in Davis v. Michigan, 489 U.S. 803 (1989). (6) 'Refund claim' means a written notice, whether on a Form 500 X or other appro priate written notice, which was filed by the taxpayer with the department for one or more of the tax years 1985, 1986, 1987, and 1988 within the time and in the manner specified by Code Section 48-2-35. (7) 'Retired federal employees' means federal civil service employees and United States military personnel or their heirs or their estate or legal representative. (8) 'Retirement income' means income which under the principles set forth in Davis v. Michigan, 489 U.S. 803 (1989), was taxed unconstitutionally by the State of Georgia for tax years prior to 1989.
48-2-103. (a) The state shall pay refund claims to eligible recipients in the total amount of the principal paid by the eligible recipient for each year that the eligible recipient filed a refund claim. Refunds shall be paid in four approximately equal installment payments on or before the fifteenth day of October 1995, 1996, 1997, and 1998 until the principal and interest thereon have been paid in full. The state shall pay eligible recipients simple interest calculated at 7 percent from the time the income tax payment was due and paid by the eligible recipient until payment of the first installment payment due October 15, 1995. The state shall further pay to an eligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the principal due that eligible recipient, plus accrued interest, until paid in full. (b) he total amount of the principal and interest due the eligible recipients shall consti tute a common fund. The state may pay refunds prior to the scheduled installment date and no prepayment penalty shall be assessed. The common fund exists only as an accounting device for purposes of calculation of the amount of the principal and interest thereon due eligible recipients and attorneys' fees due. No appropriations are required to fund the common fund. The common fund is not a separate fund for purposes of any appropriations Act.
48-2-104. (a) On the fifteenth day of October in the years 1995, 1996, 1997, and 1998, the state shall deduct 15 percent of the installment payment due to eligible recipients for that year for payment of attorneys' fees. The remainder shall be disbursed to eligible recipi ents on a pro rata basis so that each eligible recipient receives approximately one-fourth of the total amount calculated to be due that particular eligible recipient according to the installment payment schedule.

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(b)(l) Attorneys' fees are in consideration of services for the creation of the common fund and are being paid from the common fund created by this article and not by the state and do not represent extra compensation. (2) The department shall disburse attorneys' fees on a monthly basis from all checks negotiated by eligible recipients and from all checks for which no objection was filed pursuant to subsection (c) of Code Section 48-2-105.
48-2-105. (a) The department shall calculate the amount of each eligible recipient's refund and at the time of the first disbursement shall provide each eligible recipient with written notice mailed to the last known address of each eligible recipient. The written notice shall detail the estimated total amount of the common fund, the installment payment schedule, the estimated amount which will be disbursed for attorneys' fees on a yearly basis, and the pro rata share annually estimated to be due the particular taxpayer who is an eligible recipient. The amount shown as the pro rata share for each eligible recipi ent shall separately disclose the amount of principal and interest thereon and any setoffs for other unpaid taxes due by the taxpayer at the time of the written notice. (b) The written notice shall advise eligible recipients that negotiation of the first dis bursement shall constitute a release and full accord and satisfaction for any and all claims for tax years 1985, 1986, 1987, and 1988 which the eligible recipient has or may have for recovery of taxes alleged to be illegal based on 4 U.S.C. Section 111, the doc trine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan Dep't of Treasury, 489 U.S. 803 (1989). Negotiation of the first disbursement shall also constitute full and complete acceptance of all the terms and conditions set forth in this article and shall bar any challenges to this article. (c) An eligible recipient may decline to participate in this settlement by providing writ ten objection of same to the commissioner on or before 90 days from actual receipt of the notice. Notice shall be presumed to have been received three days from the date of mailing by the commissioner. Failure to send timely written objection shall forever bar any claim the eligible recipient may have for recovery of taxes for tax years 1985, 1986, 1987, and 1988 alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of inter governmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan, except as otherwise provided for in this article. (d) The written notice shall also advise each eligible recipient that such recipient may request a conference within 30 days of receipt of the written notice and first disburse ment provided for in subsection (b) of this Code section before the commissioner or the commissioner's designee in connection with any dispute involving the amount calculated as the refund due, taking into account any setoffs applied. To exercise this right, the eligible recipient shall specify such desire in writing directed to the commissioner, and the commissioner or the commissioner's designee shall grant a conference at a time he or she shall reasonably specify, which in any event, shall be no more than 30 days from the date of such request. Negotiation of the first disbursement by the eligible recipient shall forever bar any right to dispute the amount calculated as the refund due as shown in the written notice. (e) The commissioner or the commissioner's designee must make a determination of the amount due the eligible recipient within 60 days of the conference. Notice of the deter mination must be in writing and must be mailed to the last known address of the eligi ble recipient. Appeals of the determination of the commissioner shall be made within 60 days to the Office of State Administrative Hearings. (f) All other disputes pursuant to this article not involving questions regarding the spe cific refund due the eligible recipient shall be referred to the Office of State Administra tive Hearings. Any disputes brought before the Office of State Administrative Hearings shall be heard and decided pursuant to the procedures specified in Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act,' unless specifically provided otherwise in this article. The Office of State Administrative Hearings shall enter such orders and make such findings as necessary to implement this article and to effectuate the full, prompt, and final disposition of the claims of eligible recipients under this article. With out limitation, the Office of State Administrative Hearings shall determine the validity

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and timeliness of individual refund claims. The Office of State Administrative Hearings shall also review the determination of the commissioner or the commissioner's designee as to the amounts due eligible recipients. (g) Eligible recipients may appeal any decision of the Office of State Administrative Hearings to the superior court of the county of the residence of the taxpayer, except that if the taxpayer is a nonresident individual, any appeal shall be made to the Supe rior Court of Fulton County. All appeals from the Office of State Administrative Hear ings shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act.'
48-2-106. (a) In the event of a refund to an eligible recipient, the commissioner may set off other state taxes which have become due, whether at the time of initial calculation or thereaf ter. (b) The department may not exercise the right to set off other state taxes which have become due unless and until it provides written notice to the eligible recipient. The eli gible recipient may contest the setoff according to laws, policies, and procedures of the department. (c) When the setoff authorized by this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund amount remaining after the setoff has been applied shall be refunded to the taxpayer as otherwise provided in this Code section.
48-2-107. Notwithstanding any provision of law to the contrary, interest paid to eligible recipients pursuant to this article shall not constitute income for the purposes of Chapter 7 of this title.
48-2-108. This article shall stand repealed and shall be null and void and of no effect with no fur ther legislative action required on December 31, 1999."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that the state revenue commissioner shall not implement the provisions of this Act unless and until the counsel of record for the petitioner in the matter of Charles J. Reich v. Marcus E. Collins and The Georgia Depart ment of Revenue, United States Supreme Court, Case Number 93-908, has dismissed Charles J. Reich y^ Marcus E. Collins and The Georgia Department of Revenue with preju dice.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Williams of the 83rd moves to amend the Committee substitute to HB 90 by striking line 39 of page 2 through line 2 of page 3.
By striking "(5)" and inserting in its place "(4)" on line 3 of page 3.
By striking "(6)" and inserting in its place "(5)" on line 8 of page 3.
By striking "(7)" and inserting in its place "(6)" on line 14 of page 3.
By striking "(8)" and inserting in its place "(7)" on line 17 of page 3.
By striking all material from line 25 of page 3 through line 36 of page 5 and inserting in its place the following:

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109

"recipient filed a refund claim. Refunds shall be paid on or before the fifteenth day of October, 1995, and principal and interest thereon shall be paid in full. The state shall pay eligible recipients simple interest calculated at 7 percent from the time the income tax payment was due and paid by the eligible recipient until payment of the refund due October 15, 1995. (b) The total amount of the principal and interest due the eligible recipients shall con stitute a common fund. The state may pay refunds prior to October 15, 1995, and no prepayment penalty shall be assessed. The common fund exists only as an accounting device for purposes of calculation of the amount of the principal and interest thereon due eligible recipients and attorneys' fees due. No appropriations are required to fund the common fund. The common fund is not a separate fund for purposes of any appro priations Act.
48-2-104. (a) On the date of refund under Code Section 48-2-103, the state shall deduct 15 per cent of the payment due to eligible recipients for payment of attorneys' fees. The remainder shall be disbursed to eligible recipients according to the total amount due each particular eligible recipient.
(b)(l) Attorneys' fees are in consideration of services for the creation of the common fund and are being paid from the common fund created by this article and not by the state and do not represent extra compensation. (2) The department shall disburse attorneys' fees on a monthly basis from all checks negotiated by eligible recipients and from all checks for which no objection was filed pursuant to subsection (c) of Code Section 48-2-105.
48-2-105. (a) The department shall calculate the amount of each eligible recipient's refund and at the time of the disbursement shall provide each eligible recipient with written notice mailed to the last known address of each eligible recipient. The written notice shall detail the estimated total amount of the common fund, the estimated amount which will be disbursed for attorneys' fees on a yearly basis, and the amount estimated to be due the particular taxpayer who is an eligible recipient. The amount shown as the share for each eligible recipient shall separately disclose the amount of principal and interest thereon and any setoffs for other unpaid taxes due by the taxpayer at the time of the written notice. (b) The written notice shall advise eligible recipients that negotiation of the disburse ment shall constitute a release and full accord and satisfaction for any and all claims for tax years 1985, 1986, 1987, and 1988 which the eligible recipient has or may have for recovery of taxes alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan Dep't of Treasury, 489 U.S. 803 (1989). Negotiation of the disburse ment shall also constitute full and complete acceptance of all the terms and conditions set forth in this article and shall bar any challenges to this article. (c) An eligible recipient may decline to participate in this settlement by providing writ ten objection of same to the commissioner on or before 90 days from actual receipt of the notice. Notice shall be presumed to have been received three days from the date of mailing by the commissioner. Failure to send timely written objection shall forever bar any claim the eligible recipient may have for recovery of taxes for tax years 1985, 1986, 1987, and 1988 alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of inter governmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan, except as otherwise provided for in this article. (d) The written notice shall also advise each eligible recipient that such recipient may request a conference within 30 days of receipt of the written notice and disbursement provided for in subsection (b) of this Code section before the commissioner or the com missioner's designee in connection with any dispute involving the amount calculated as the refund due, taking into account any setoffs applied. To exercise this right, the eligi ble recipient shall specify such desire in writing directed to the commissioner, and the commissioner or the commissioner's designee shall grant a conference at a time he or

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she shall reasonably specify, which in any event, shall be no more than 30 days from the date of such request. Negotiation of the disbursement by the".
By striking "1999" and inserting in its place "1996" on line 12 of page 7.

The following amendment was read:

Representatives Irwin of the 45th, Ehrhart of the 36th, Stancil of the 16th, Mills of the 21st, Joyce of the 1st and Kaye of the 37th move to amend the Committee substitute to HB 90 by inserting between the semicolon and "to" on line 11 of page 1 the following:
"to provide for the refund of certain income taxes to certain additional retired federal employees; to provide for definitions; to provide for additional refund claims and proce dures; to provide for rights and duties of additional claimants; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Office of State Administrative Hearings;".
By striking "an effective date" and inserting in its place "effective dates" on lines 12 and 13 of page 1.
By inserting "of certain provisions" between "implementation" and "of on line 13 of page 1.
By inserting the following between the semicolon and "to" on line 14 of page 1:
"to provide for the contingent implementation of certain other provisions of this Act;".
By inserting between lines 12 and 13 of page 7 the following:
"SECTION 1A. Said chapter is further amended by adding a new article at the end thereof, to be desig nated Article 5, to read as follows:
'ARTICLE 5
48-2-200. As used in this article, the term:
(1) "Common fund" means the total dollar amount of principal to be refunded with simple interest calculated pursuant to this article to eligible recipients. (2) "Eligible recipient" means a retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 and who failed to file a timely refund claim for that tax year. (3) "Installment payments" means those payments of principal and interest thereon to eligible recipients which are to be made according to the schedule provided for by this article. (4) "Principal" means the taxes collected in tax years 1985, 1986, 1987, and 1988 by the state from retired federal employees who are eligible recipients under this article, which taxes were unconstitutional under the principles set forth in Davis v. Michigan, 489 U.S. 803 (1989). (5) "Refund claim" means a written notice, whether on a Form 500 X or other appro priate written notice, which was filed by the taxpayer with the department for one or more of the tax years 1985, 1986, 1987, and 1988 in the manner specified by Code Sec tion 48-2-35, provided that such refund claim is filed with the department after July 1, 1995, and prior to September 1, 1995. (6) "Retired federal employees" means federal civil service employees and United States military personnel or their heirs or their estate or legal representative. (7) "Retirement income" means income which was taxed by the State of Georgia for tax years prior to 1989 and which taxes were unconstitutional under the principles set forth in Davis v. Michigan. 489 U.S. 803 (1989).
48-2-201.

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(a) The state shall pay refund claims to eligible recipients in the total amount of the principal paid by the eligible recipient for each year that the eligible recipient filed a refund claim. Refunds shall be paid in four approximately equal installment payments on or before the fifteenth day of October 1997, 1998, 1999, and 2000 until the principal and interest thereon have been paid in full. The state shall pay eligible recipients simple interest calculated at 7 percent from the time the income tax payment was due and paid by the eligible recipient until payment of the first installment payment due October 15, 1997. The state shall further pay to an eligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the principal due that eligible recipient, plus accrued interest, until paid in full.
(b) The total amount of the principal and interest due the eligible recipients shall con stitute a common fund. The state may pay refunds prior to the scheduled installment date and no prepayment penalty shall be assessed. The common fund exists only as an accounting device for purposes of calculation of the amount of the principal and interest thereon due eligible recipients and attorneys' fees due. No appropriations are required to fund the common fund. The common fund is not a separate fund for purposes of any appropriations Act.
48-2-202.
(a) The department shall calculate the amount of each eligible recipient's refund and at the time of the first disbursement shall provide each eligible recipient with written notice mailed to the last known address of each eligible recipient. The written notice shall detail the estimated total amount of the common fund, the installment payment schedule, and the pro rata share annually estimated to be due the particular taxpayer
who is an eligible recipient. The amount shown as the pro rata share for each eligible recipient shall separately disclose the amount of principal and interest thereon and any setoffs for other unpaid taxes due by the taxpayer at the time of the written notice.
(b) The written notice shall advise eligible recipients that negotiation of the first dis bursement shall constitute a release and full accord and satisfaction for any and all
claims for tax years 1985, 1986, 1987, and 1988 which the eligible recipient has or may have for recovery of taxes alleged to be illegal based on 4 U.S.C. Section 111, the doc trine of intergovernmental immunity, or the decision of the United States Supreme
Court in Davis v. Michigan Dep't of Treasury, 489 U.S. 803 (1989). Negotiation of the first disbursement shall also constitute full and complete acceptance of all the terms and conditions set forth in this article and shall bar any challenges to this article.
(c) An eligible recipient may decline to participate in the refund procedure under this article by providing written objection of same to the commissioner on or before 90 days
from actual receipt of the notice. Notice shall be presumed to have been received three days from the date of mailing by the commissioner. Failure to send timely written objec tion shall forever bar any claim the eligible recipient may have for recovery of taxes for
tax years 1985, 1986, 1987, and 1988 alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan, except as otherwise provided for in this article.
(d) The written notice shall also advise each eligible recipient that such recipient may request a conference within 30 days of receipt of the written notice and first disburse
ment provided for in subsection (b) of this Code section before the commissioner or the commissioner's designee in connection with any dispute involving the amount calculated
as the refund due, taking into account any setoffs applied. To exercise this right, the eligible recipient shall specify such desire in writing directed to the commissioner, and the commissioner or the commissioner's designee shall grant a conference at a time he
or she shall reasonably specify, which in any event, shall be no more than 30 days from the date of such request. Negotiation of the first disbursement by the eligible recipient
shall forever bar any right to dispute the amount calculated as the refund due as shown in the written notice.
(e) The commissioner or the commissioner's designee must make a determination of the amount due the eligible recipient within 60 days of the conference. Notice of the deter mination must be in writing and must be mailed to the last known address of the eligi
ble recipient. Appeals of the determination of the commissioner shall be made within 60 days to the Office of State Administrative Hearings.

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(f) All other disputes pursuant to this article not involving questions regarding the spe cific refund due the eligible recipient shall be referred to the Office of State Administra tive Hearings. Any disputes brought before the Office of State Administrative Hearings shall be heard and decided pursuant to the procedures specified in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," unless specifically provided otherwise in this article. The Office of State Administrative Hearings shall enter such orders and make such findings as necessary to implement this article and to effectuate the full, prompt, and final disposition of the claims of eligible recipients under this article. With out limitation, the Office of State Administrative Hearings shall determine the validity and timeliness of individual refund claims. The Office of State Administrative Hearings shall also review the determination of the commissioner or the commissioner's designee as to the amounts due eligible recipients. (g) Eligible recipients may appeal any decision of the Office of State Administrative Hearings to the superior court of the county of the residence of the taxpayer, except that if the taxpayer is a nonresident individual, any appeal shall be made to the Supe rior Court of Fulton County. All appeals from the Office of State Administrative Hear ings shall be governed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
48-2-203. (a) In the event of a refund to an eligible recipient, the commissioner may set off other state taxes which have become due, whether at the time of initial calculation or thereaf ter. (b) The department may not exercise the right to set off other state taxes which have become due unless and until it provides written notice to the eligible recipient. The eli gible recipient may contest the setoff according to laws, policies, and procedures of the department. (c) When the setoff authorized by this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund amount remaining after the setoff has been applied shall be refunded to the taxpayer as otherwise provided in this Code section.
48-2-204. Notwithstanding any provision of law to the contrary, interest paid to eligible recipients pursuant to this article shall not constitute income for the purposes of Chapter 7 of this title.
48-2-205. This article shall stand repealed and shall be null and void and of no effect with no fur ther legislative action required on December 31, 2001.'"
By striking "This" and inserting in its place "Section 1, this section, and Section 3 of this" on line 14 of page 7.
By inserting between lines 23 and 24 of page 7 the following:
"SECTION 2A. (a) This Section shall become effective upon this Acts's approval by the Governor or upon its becoming law without such approval. (b) Section 1A shall become effective on July 1, 1995, only for the purpose of authorizing the filing of refund claims with the Department of Revenue after July 1, 1995, and prior to September 1, 1995, and determining the amount of the common fund. Section 1A shall become effective for all other purposes on January 1, 1997; provided, however, that Section 1A shall only become effective for such other purposes on January 1, 1997, upon the ratifi cation of a resolution at the November, 1996, state-wide general election, which resolution authorizes the enactment of the provisions of Section 1A and expressly ratifies and approves those provisions; otherwise, Section 1A and this section shall be void and of no effect and shall stand repealed in their entirety on January 1, 1997."

THURSDAY, JANUARY 12, 1995

113

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

N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield
N Birdsong N Bordeaux
N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J
N Brush N Buck N Buckner
Y Bunn N Burkhalter
NByrd N Campbell
N Canty N Carter N Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell
NCox N Crawf'ord

N Crews N Culbreth N Cummings N Davis, G Y Davis, M
NDay Y DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps
Y Evans N Falls N Felton N Floyd N Godbee N Golden
Goodwin
N Greene Y Grindley N Manner N Harbin
Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins
Y Johnson, G N Johnson, J N Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein
YLadd N Lakly NLane Y Lawrence NLee N Lewis
Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton
McKinney Y Mills
N Mobley, B Mobley, J
N Mosley N Mueller N O'Neal N Orrock

Parham N Parrish
Y Parsons N Pelote Y Perry Y Pinholster 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 Rogers N Royal N Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp
N Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L
N Smith, P Y Smith, T
N Smith, V

On the adoption of the amendment, the ayes were 33, nays 140. The amendment was lost.

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense
Turnquest N Twiggs E Walker, L N Walker, R.L N Wall N Watson
N Watts N Westmoreland N Whitaker N White Y Wiles N Williams, B Y Williams, J N Williams, R Y Woods
N Yates Murphy, Spkr

The Committee substitute was adopted.

Pursuant to Rule 134, Representatives Mobley of the 86th, Johnston of the 81st, Purcell of the 9th, Randolph of the 72nd and Scoggins of the 24th were excused from vot
ing on HB 90.

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

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

Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty

Y Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings

Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls

Y Felton Y Floyd
Y Godbee Y Golden
Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
YHart Y Heard Y Heckstall

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JOURNAL OF THE HOUSE,

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane

Y Lawrence
YLee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B E Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock
Par ham Y Parrish Y Parsons

Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A E Purcell, B Y Randall E Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill

Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 E Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Mueller of the 152nd stated that she was in a conference when the roll was called. She wished to be recorded as voting "aye" on the preceding roll call.

Representative Stephenson of the 25th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

FRIDAY, JANUARY 13, 1995

115

Representative Hall, Atlanta, Georgia Friday, January 13, 1995

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

Ashe Bailey Baker Bannister Barfoot Bargeron
Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks, D
Brooks, T
Brown, G
Brown, J Buck Buckner
Bunn
Burkhalter
Byrd
Carter Channell Childers Coker Coleman, B Connell Cox Crawford Crews Culbreth

Cummings
Davis, G Davis, M
Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Ehrhart Epps Evans Falls Felton Floyd Godbee Golden Good win Greene Manner Harbin Harris Heard Heckstall
Hegstrom
Hembree
Holland
Holmes Howard Hudson
Hugley Irvin James

Jamieson Jenkins Johnson, G Johnson, J
Johnston
Jones
Joyce Kaye Kinnamon
Klein Ladd Lakly Lane Lawrence Lee
Lewis Lifsey Lord
Maddox Mann Martin McBee McCall McKinney Mills Mobley, J Mosley Mueller O'Neal
Orrock
Parham Parrish Parsons

Pelote Perry Polak Porter Poston Powell Purcell, A Purcell, B Randall Randolph Reaves Reichert Roberts Rogers Royal Sanders Sauder Scoggins Shanahan Shaw
Sherrill
Shipp
Simpson
Sinkfield
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V
Smith, W

Smyre Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teague Teper Thomas Tillman Titus
Towery Trense Twiggs Walker, L
Walker, R.L Wall
Watson
Watts
Westmoreland
Whitaker
White
Wiles
Williams, B
Williams, R
Woods
Yates

The following members were off the floor of the House when the roll was called:
Representatives Ray of the 128th, Mobley of the 69th, McClinton of the 68th, Canty of the 52nd, Lucas of the 124th, Hart of the 116th, Turnquest of the 73rd, Grindley of the 35th, Chambless of the 163rd, Henson of the 65th and Pinholster of the 15th.
They wish to be recorded as present.

Prayer was offered by the Reverend Henry C. Bass, Pastor, Alma United Methodist Church, Alma, 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.

116

JOURNAL OF THE HOUSE,

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

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

HB 10. By Representatives Buckner of the 95th, Kinnamon of the 4th, Perry of the llth and Purcell of the 9th:
A bill to amend Chapter 1 of Title 21 of the Official Code of Georgia Anno tated, relating to elections in general, so as to establish a code of conduct for candidates for elective office.
Referred to the Committee on Governmental Affairs.

HB 13. By Representatives Kaye of the 37th, Falls of the 125th, Bunn of the 74th, Mills of the 21st, Hembree of the 98th and others:
A bill to amend Code Section 48-7-20 of the Official Code of Georgia Anno tated, relating to state income taxation, so as to change certain tax tables used for computing such tax.
Referred to the Committee on Ways & Means.

HB 19. By Representative Kaye of the 37th:
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 allow county and independent school systems to deduct up to 2 mills from local fair share funds under certain circumstances; to provide for certain uses of retained local fair share funds.
Referred to the Committee on Education.

HB 23. By Representatives Felton of the 43rd, Trense of the 44th, Mobley of the 86th, Dobbs of the 92nd, Irvin of the 45th and others:
A bill to amend Chapter 31 of Title 36 of the Official Code of Georgia Anno tated, relating to incorporation of municipalities, so as to provide for legisla tive findings and authority; to provide for the creation of municipal charter commissions.
Referred to the Committee on State Planning & Community Affairs.

FRIDAY, JANUARY 13, 1995

117

HB 203. By Representatives Trense of the 44th, Brooks of the 103rd, Taylor of the 134th, Lord of the 121st, Campbell of the 42nd and others:
A bill to amend Code Section 40-6-391 of the Official Code of Georgia Anno tated, relating to penalties for driving under the influence of alcohol or drugs, so as to provide for distinctive drivers' and probationary licenses and permits for certain DUI offenders.
Referred to the Committee on Special Judiciary.

HB 204. By Representatives Holmes of the 53rd, Sinkfield of the 57th, Martin of the 47th, Smyre of the 136th, Heard of the 89th and others:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to create the Environmental Jus tice Commission.
Referred to the Committee on Natural Resources & Environment.

HB 205. By Representatives Holmes of the 53rd, White of the 161st, Martin of the 47th, Bostick of the 165th, Hegstrom of the 66th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide a short title; to provide for legislative intent and findings; to provide for definitions; to create the Georgia health care corpora tion.
Referred to the Committee on Health & Ecology.

HB 206. By Representatives Ashe of the 46th, Klein of the 39th, Campbell of the 42nd, Davis of the 60th and Irvin of the 45th:
A bill to amend Code Section 17-7-131 of the Official Code of Georgia Anno tated, relating to proceedings upon a plea of insanity or mental incompetency at time of crime, so as to change a definition.
Referred to the Committee on Judiciary.

HB 207. By Representatives Klein of the 39th, Ashe of the 46th, Campbell of the 42nd, Davis of the 60th and Irvin of the 45th:
A bill 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 by the State Board of Pardons and Paroles, so as to provide that notice of the board's determination, including certain information related thereto, shall be given to the person seeking a pardon, parole, or other relief and to the correctional official having such person in custody and shall be a public record.
Referred to the Committee on State Institutions & Property.

HB 208. By Representatives Barfoot of the 155th, Lane of the 146th, Parrish of the 144th, Godbee of the 145th, Barnard of the 154th and others:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to change the definition of a term and provide additional definitions; to change the provisions relating to the powers and duties of the Commissioner of Agri culture to prescribe rules and regulations.
Referred to the Committee on Agriculture & Consumer Affairs.

118

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HB 209. By Representatives Mosley of the 171st, Byrd of the 170th, Smith of the 169th, Kinnamon of the 4th and Culbreth of the 132nd:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by physically handi capped persons, so as to provide for the printing and distribution of signs for use by elderly or handicapped persons who are sometimes assisted by persons of the opposite gender in using toilets in government buildings, public build ings, or facilities.
Referred to the Committee on State Institutions & Property.

HB 210. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 211. By Representative Hudson of the 156th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit and certain creditable service obtainable under the Employees' Retirement System of Georgia, so as to provide that certain members who were formerly employed as day laborers shall be enti tled to obtain creditable service under such retirement system for certain prior service.
Referred to the Committee on Retirement.

HB 212. By Representatives Twiggs of the 8th, Powell of the 23rd, Greene of the 158th, Stancil of the 91st and Parham of the 122nd:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to prohibit the unauthorized use of Department of Public Safety nomenclature or symbols.
Referred to the Committee on Public Safety.

HB 213. By Representative Poston of the 3rd:
A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Anno tated, the "Act Creating the Superior Court Judges Retirement Systems," so as to authorize creditable service for certain prior service.
Referred to the Committee on Retirement.

HB 214. By Representatives Stancil of the 16th, Pinholster of the 15th, Lawrence of the 64th, Breedlove of the 85th and Harris of the 17th:
A bill to amend Chapter 1 of Title 45 of the Official Code of Georgia Anno tated, relating to general provisions regarding public officers, so as to provide for termination requirements for certain state or local employees.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 13, 1995

119

HB 215. By Representative Trense of the 44th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that cer tain members shall be entitled to obtain creditable service for service as an employee of the United States Office of Education.
Referred to the Committee on Retirement.

HB 216. By Representative Poston of the 3rd:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to change the provisions relating to definitions; to create a Division for the Blind and provide for the duties, functions, and powers thereof.
Referred to the Committee on Health & Ecology.

HB 217. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to expenditure of funds for insurance and employment bene fits, so as to provide that the governing authority of any county is authorized to provide insurance and retirement benefits to the clerk of the state court and his or her employees.
Referred to the Committee on Judiciary.

HB 218. By Representatives Smith of the 174th, Lawrence of the 64th, Stancil of the 16th and Joyce of the 1st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Joint Legislative Committee on Fed eral Mandates.
Referred to the Committee on Rules.

HB 219. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to provisions for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under Article 1 of Chapter 1 of Title 10, "The Retail Installment and Home Solicitation Sales Act," so as to change the maximum delinquency charge which may be provided under a retail installment contract or revolving account.
Referred to the Committee on Industry.

HB 220. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Ray of the 128th and Streat of the 167th:
A bill to amend the Official Code of Georgia Annotated, so as to provide that ratites are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provi sions of law, so as to change a definition; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos and registration and certificates related thereto.
Referred to the Committee on Agriculture & Consumer Affairs.

120

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HB 221. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts.
Referred to the Committee on Judiciary.
HB 222. By Representatives Purcell of the 147th, Floyd of the 138th, Reaves of the 178th, Hudson of the 156th, Taylor of the 134th and others:
A bill to amend Code Section 15-11-33 of the Official Code of Georgia Anno tated, relating to the findings of the juvenile court on a petition alleging delinquency, unruliness, or deprivation and related matters, so as to provide that upon a finding that a male child has committed acts by reason of which he is alleged to be delinquent or unruly, the court shall order such child to obtain or be given a haircut.
Referred to the Committee on Judiciary.
HB 223. By Representatives Mills of the 21st, Rogers of the 20th and Smith of the 19th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide that any person who causes the death of another by reason of the violation of certain provisions of such article shall be guilty of a felony.
Referred to the Committee on Special Judiciary.

HB 224. By Representatives Ladd of the 59th, Evans of the 28th and Johnson of the 97th:
A bill to amend Code Section 12-9-43 of the Official Code of Georgia Anno tated, relating to definitions regarding the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change the definition of the term "responsible motor vehicle".
Referred to the Committee on Motor Vehicles.

HB 225. By Representatives Mills of the 21st, Rogers of the 20th and Smith of the 19th:
A bill to amend Code Section 52-7-14 of the Official Code of Georgia Anno tated, relating to collisions, accidents, and casualties involving watercraft, so as to provide for the duty of an operator of a vessel to stop at or return to the scene of a collision, accident, or other casualty; to provide for penalties.
Referred to the Committee on Game, Fish & Parks.

HB 226. By Representatives Purcell of the 147th, Reaves of the 178th, Floyd of the 138th, Hudson of the 156th, Taylor of the 134th and others:
A bill to amend Code Section 15-11-59 of the Official Code of Georgia Anno tated, relating to juvenile law enforcement records, so as to provide that offi cials of public elementary, middle, or secondary schools may be allowed to inspect such records.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 13, 1995

121

HB 227. By Representatives Joyce of the 1st, Mann of the 5th, Yates of the 106th and Sanders of the 107th:
A bill to amend Code Section 40-6-315 of the Official Code of Georgia Anno tated, relating to headgear and eye-protective devices for motorcycle riders, so as to change the requirement of wearing of headgear so that it will only apply to certain persons.
Referred to the Committee on Motor Vehicles.

HB 228. By Representatives Polak of the 67th, Buck of the 135th, Smyre of the 136th, Stancil of the 91st, Lawrence of the 64th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Edu cation Commission; to change certain definitions regarding tuition equaliza tion grants to include a qualified proprietary institution of higher education located in the state.
Referred to the Committee on University System of Georgia.

HB 229. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Code Section 42-9-44 of the Official Code of Georgia Anno tated, relating to specification of terms and conditions of parole, so as to pro vide that certain parolees shall be required to obtain a general educational development (GED) equivalency diploma or other education as a condition of their parole.
Referred to the Committee on State Institutions & Property.

HB 230. By Representative Coleman of the 142nd:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to local government, so as to provide for county business and occupational license taxes and fees; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain cross-references and provide for license fees for persons engaged in structural pest control; to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to municipal taxation, so as to prohibit municipal taxing.
Referred to the Committee on State Planning & Community Affairs.

HB 231. By Representatives Smith of the 109th, Jenkins of the 110th, Maddox of the 108th and Sanders of the 107th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of assistant district attorneys, so as to provide that, in any circuit where a person holding office as a judge of the superior courts of this state is effectively removed from such office by a federal court order and subsequently becomes a special judge of the magistrate court, the number of assistant district attorneys in such cir cuit shall not be reduced.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 232. By Representatives Birdsong of the 123rd, Jamieson of the 22nd and Buck of the 135th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of taxable net income for income tax pur poses, so as to increase the amount of retirement income exclusion.
Referred to the Committee on Ways & Means.

HB 233. By Representatives Coleman of the 142nd and Smyre of the 136th:
A bill to amend Code Section 28-5-5 of the Official Code of Georgia Anno tated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, relating to the number of members of the committee; to change provisions relating to the time of appointment of members of the committee.
Referred to the Committee on Appropriations.

HB 234. By Representatives Coleman of the 142nd and Streat of the 167th:
A bill to amend Part 5 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of law enforcement and emergency vehicles, so as to specify the color of flashing lights which may be used by law enforcement, emergency, and other vehicles.
Referred to the Committee on Motor Vehicles.

HB 235. By Representatives Coleman of the 142nd, Parrish of the 144th and Connell of the 115th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain public officials, so as to change provisions relating to the reimbursable expense allowance of members of the General Assembly; to provide for the ownership of equipment for which reimbursement is or has been paid.
Referred to the Committee on Rules.

HB 236. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Stancil of the 91st:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to number of superior court judges for each judicial circuit, so as to create a new third judgeship for the Western Judicial Circuit.
Referred to the Committee on Judiciary.

HB 237. By Representatives Bannister of the 77th, Breedlove of the 85th, Johnson of the 84th, Dix of the 76th, Towery of the 30th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for state-wide, staggered motor vehicle registration over a 12 month period; to change certain licensing and registration deadlines; to increase the period of time for certain registration and transfer of registration.
Referred to the Committee on Motor Vehicles.

FRIDAY, JANUARY 13, 1995

123

HB 238. By Representatives Bannister of the 77th, Breedlove of the 85th, Johnson of the 84th, Dix of the 76th, Towery of the 30th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to change certain licensing and registration deadlines; to increase the period of time for certain registration and transfer of registration.
Referred to the Committee on Motor Vehicles.

HB 239. By Representatives Buckner of the 95th, Bailey of the 93rd, Lee of the 94th, Byrd of the 170th, Smith of the 169th and others:
A bill to amend Chapter 3 of Title 3 of the Official Code of Georgia Anno tated, relating to regulation of alcoholic beverages, so as to repeal certain unconstitutional provisions relating to prohibited sexual conduct and other conduct on premises licensed for the sale or dispensing of alcoholic bever ages; to enact new provisions providing that it shall be unlawful to consume or possess alcoholic beverages on certain premises where certain activities are carried out.
Referred to the Committee on Regulated Beverages.

HB 240. By Representatives Buckner of the 95th, Lee of the 94th, Ashe of the 46th, Felton of the 43rd and Bailey of the 93rd:
A bill to amend Article 2 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to definitions and applications of terms under the "Employment Security Law," so as to change provisions relating to tem porary help contracting firms and their employees; to provide that a tempo rary help contracting firm employee who does not report for reassignment after completion of an assignment shall be deemed to have left employment voluntarily without good cause.
Referred to the Committee on Industrial Relations.

HB 241. By Representatives Buckner of the 95th, Bailey of the 93rd, Lee of the 94th, Byrd of the 170th, Smith of the 169th and others:
A bill to amend Code Section 16-12-103 of the Official Code of Georgia Annotated, relating to selling, distributing, or exhibiting sexual or other mat ter harmful to minors, so as to change the lawful age for admission to certain premises.
Referred to the Committee on Judiciary.

HB 242. By Representatives Murphy of the 18th and Randall of the 127th:
A bill to amend Chapter 16 of Title 17 of the Official Code of Georgia Anno tated, relating to discovery in criminal cases, so as to provide that the defense shall have a right to access to any substance subjected to scientific tests or experiments by the prosecution; to provide for the manner of exer cise of such right; to provide for procedural matters; to provide for other related matters; to provide reciprocal rights for the prosecution in certain cir cumstances.
Referred to the Committee on Special Judiciary.

124

JOURNAL OF THE HOUSE,

HB 243. By Representative Birdsong of the 123rd:
A bill to amend Code Section 48-2-35 of the Official Code of Georgia Anno tated, relating to refunds, so as to authorize the making of additional claims for refunds.
Referred to the Committee on Ways & Means.

HB 244. By Representative Birdsong of the 123rd:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Anno tated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for additional optional retire ment allowances in cases where a dependent child is the person designated to receive all amount and benefits upon the death of the retired member and such dependent child predeceases the retired member.
Referred to the Committee on Retirement.

HB 245. By Representative Birdsong of the 123rd:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service and payments required to obtain credit, so as to change the provisions relating to when an individual shall be entitled to purchase certain military service credit.
Referred to the Committee on Retirement.

HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth, Carter of the 166th, Barnes of the 33rd and others:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establish ments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material permanently marked with the name, date of birth, date of death, and social security number of the decedent.
Referred to the Committee on Health & Ecology.

HB 247. By Representative Dobbs of the 92nd:
A bill to amend Chapter 9 of Title 25 of the Official Code of Georgia Anno tated, relating to blasting or excavating near underground gas pipes and util ity facilities, so as to change the provisions relating to the duties of a utility which has been notified of proposed blasting or excavating.
Referred to the Committee on Industry.

HB 248. By Representative Channell of the lllth:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change the name of the "Executive Probate Judges Council of Georgia" to the "Probate Judges Training Coun cil".
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 13, 1995

125

HB 249. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Buck of the 135th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition of a special county 1 percent sales and use tax, so as to provide that a consolidated government shall be autho rized to levy a special county 1 percent sales and use tax for certain capital outlay projects without the requirement that such consolidated government own or operate such projects with one or more municipalities.
Referred to the Committee on Ways & Means.

HB 250. By Representatives Walker of the 141st and Royal of the 164th:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to local government in general, so as to enact the "Local Gov ernment Authorities Registration Act".
Referred to the Committee on State Planning & Community Affairs.
HB 251. By Representatives Benefield of the 96th, Lee of the 94th and Skipper of the 137th:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "conditioned air contracting".
Referred to the Committee on Industry.

HB 252. By Representatives Day of the 153rd, Pelote of the 149th, Buck of the 135th, Thomas of the 148th and Dixon of the 150th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain nonprofit museums and property owned by a non profit museum which is located in a building which is listed on the National Register of Historic Places or in a state maintained historic register.
Referred to the Committee on Ways & Means.

HB 253. By Representatives Taylor of the 134th, Hugley of the 133rd, Purcell of the 147th and Sinkfield of the 57th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Human Resources with respect to programs and services for children, so as to remove the 75 percent limit on the amount of financial assistance which the depart ment is authorized to provide to families adopting certain hard-to-place chil dren to cover the cost of boarding such children.
Referred to the Committee on Children and Youth.

HB 254. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide authority for the cancella tion of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

HB 255. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Anno tated, relating to suspension or revocation of a license of a habitually negli gent or dangerous driver, so as to conform the fee provided for in this provision for reinstatement of a license suspended for an accumulation of points to the fee otherwise provided for such reinstatements.
Referred to the Committee on Motor Vehicles.

HB 256. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide sanctions for making false statements in application for an identification card and for use of a fraudu lent identification card.
Referred to the Committee on Motor Vehicles.

HB 257. By Representatives Byrd of the 170th, Dobbs of the 92nd, Mobley of the 86th and Bates of the 179th:
A bill to amend Code Section 8-2-26 of the Official Code of Georgia Anno tated, relating to the enforcement of state minimum standard codes applica ble to construction, so as to provide the registered professional engineers may conduct inspections to determine code compliance.
Referred to the Committee on Industry.

HB 258. By Representative Holmes of the 53rd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to landlord and tenant, so as to provide that certain public housing authorities may combine or provide concurrently the landlord's demand for possession of property from a tenant with the lease termination notice required by federal regulations.
Referred to the Committee on Judiciary.

HB 259. By Representative Joyce of the 1st:
A bill to amend Part 1 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in general so as to provide a short title; to provide for authority; to provide that an accused or aggrieved party's right to trial by jury, in all instances where the government or any of its agencies is an opposing party, includes the right to inform the jurors of their power to judge the law.
Referred to the Committee on Judiciary.

HB 260. By Representatives Lane of the 146th, Kinnamon of the 4th, Orrock of the 56th, Perry of the llth and Lewis of the 14th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the liabil ity of succeeding employers; to change the computation of contribution rates for such employers.
Referred to the Committee on Industrial Relations.

FRIDAY, JANUARY 13, 1995

127

HB 261. By Representatives Lane of the 146th, Bordeaux of the 151st, Orrock of the 56th, Lewis of the 14th and Kinnamon of the 4th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the State Merit System of Person nel Administration, so as to provide that the term "unclassified service" shall include certain additional officers and employees in the Department of Labor.
Referred to the Committee on State Planning & Community Affairs.

HB 262. By Representatives Childers of the 13th, Sherrill of the 62nd and Orrock of the 56th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to enact the "Individual and Family Support Act of 1995".
Referred to the Committee on Health & Ecology.

HB 263. By Representatives Golden of the 177th, Bates of the 179th, Culbreth of the 132nd, Sherrill of the 62nd, Perry of the llth and others:
A bill to amend Article 5 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to contributions and payments in lieu of contri butions under the "Employment Security Law," so as to change the provi sions relating to the State-wide Reserve Ratio.
Referred to tiie Committee on Industrial Relations.

HB 264. By Representatives Tillman of the 173rd, Smith of the 175th, Smith of the 174th, Smith of the 169th, Mosley of the 171st and others:
A bill to amend Code Section 27-4-150, related to the taking, possessing, and dealing in crabs and peelers, so as to provide for a commercial crabbing license.
Referred to the Committee on Game, Fish & Parks.

HB 265. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to the sales and use tax, so as to provide for an exemption for certain food items with respect to the levy or imposition of certain sales and use taxes.
Referred to the Committee on Ways & Means.

HB 266. By Representatives Shanahan of the 10th, Cummings of the 27th, McBee of the 88th, Baker of the 70th, Pelote of the 149th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retire ment Fund of Georgia, so as to provide that the board of trustees of such fund may grant a cost of living increase under certain circumstances.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE,

HB 267. By Representative Orrock of the 56th:
A bill to amend Chapter 11 of Title 34 of the Official Code of Georgia Anno tated, known as the "Boiler and Pressure Vessel Safety Act," so as to change the definition of the term "boiler"; to provide for rules and regulations for the safe operation of boilers and pressure vessels and to require controls and controllers to be working and in a safe condition.
Referred to the Committee on Industry.

HB 268. By Representatives Orrock of the 56th and Martin of the 47th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Anno tated, relating to the disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information to a coroner or medi cal examiner pursuant to a subpoena issued in accordance with Code Section 45-16-27 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

HB 269. By Representative Orrock of the 56th:
A bill to amend Code Section 8-2-107 of the Official Code of Georgia Anno tated, relating to penalties for the improper installation, alteration, mainte nance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the violation of certain laws shall consti tute a misdemeanor.
Referred to the Committee on Industry.

HB 270. By Representatives Golden of the 177th, Sherrill of the 62nd, Bates of the 179th, Floyd of the 138th, Perry of the llth and others:
A bill to amend Title 48 of the Official Code of Georgia Annotated, known as the "Georgia Public Revenue Code," so as to repeal the intangible per sonal property tax; to change the definition of the term "intangible personal property" as it applies to said title.
Referred to the Committee on Ways & Means.

HB 271. By Representative Orrock of the 56th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Anno tated, known as the "Amusement Ride Safety Act," so as to define the term "certificate fee"; to change the provisions relating to waiver of ride inspection requirement; to change the provisions relating to the issuance of permits.
Referred to the Committee on Industrial Relations.

HB 272. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, JANUARY 13, 1995

129

HB 273. By Representative Childers of the 13th:
A bill to amend Code Section 43-10A-17 of the Official Code of Georgia Annotated, relating to enforcement of licensing law provisions by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide for mental and physical examina tions of licensees in aid of enforcement proceedings under certain circum stances.
Referred to the Committee on Health & Ecology.

HB 274. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife generally, so as to pro vide for the use of federally approved, nontoxic shot.
Referred to the Committee on Game, Fish & Parks.

HB 275. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 276. By Representatives Carter of the 166th, Buckner of the 95th, Rogers of the 20th and Cox of the 160th:
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 redefine the term "vessel"; to create the crimes of homicide by vessel, feticide by vessel, and serious injury by vessel.
Referred to the Committee on Special Judiciary.

HB 277. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide for the sales of certain licenses by telephone; to provide for a fee for such service; to provide for an archery and firearms combination hunting license; to provide for a sportsman's license.
Referred to the Committee on Game, Fish & Parks.

HB 278. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 279. By Representatives Bannister of the 77th, Johnson of the 97th, Lawrence of the 64th, Mills of the 21st, Crews of the 78th and others:
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 change the provisions relating to notice of determinations of the State Board of Pardons and Paroles; to provide that determinations of the board shall be public records.
Referred to the Committee on Judiciary.

HB 280. By Representative Childers of the 13th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Anno tated, relating to nursing home administrators, so as to change the provisions governing the issuance of a provisional license to a nursing home administra tor licensed by an entity other than the State of Georgia.
Referred to the Committee on Health & Ecology.

HB 281. By Representatives Jamieson of the 22nd, Hudson of the 156th, Porter of the 143rd, Parrish of the 144th and Parham of the 122nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for the direct access of patients to dermatological services.
Referred to the Committee on Health & Ecology.

HB 282. By Representatives Smith of the 109th, Ray of the 128th, Coleman of the 80th, Smith of the 174th, Connell of the 115th and others:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to local government, so as to provide for county business and occupational license taxes and fees; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain cross-references and provide for license fees for persons engaged in structural pest control; to amend Article 6 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated.
Referred to the Committee on State Planning & Community Affairs.

HR 1. By Representatives Buckner of the 95th, Lee of the 94th, Bailey of the 93rd, Smith of the 175th, Perry of the llth and others:
A resolution proposing an amendment to the Constitution so as to provide that crime victims shall have certain rights, as provided by law; to authorize the General Assembly to provide by general law for the enforcement of crime victims' rights.
Referred to the Committee on Judiciary.

HR 12. By Representative Ashe of the 46th:
A resolution proposing an amendment to the Constitution so as to provide that the governing authority of any county or municipality may exempt from ad valorem taxation for a period not to exceed three years any property which is being developed or renovated to provide housing for low-income per sons if such property is owned and being developed or renovated by a non profit agency whose primary purpose is to provide housing for low-income persons.
Referred to the Committee on Ways & Means.

FRIDAY, JANUARY 13, 1995

131

HR 76. By Representatives Smith of the 174th, Lawrence of the 64th, Stancil of the 16th and Joyce of the 1st:
A resolution to restate state sovereignty.
Referred to the Committee on Judiciary.

HR 77. By Representative Poston of the 3rd:
A resolution proposing an amendment to the Constitution so as to create the office of the inspector general.
Referred to the Committee on Rules.

HR 78. By Representative Royal of the 164th: A resolution compensating Ms. Sue F. Condrey.
Referred to the Committee on Appropriations.

HR 79. By Representative Channell of the lllth: A resolution designating the Lake Oconee Parkway.
Referred to the Committee on Transportation.

HR 80. By Representative Parham of the 122nd: A resolution compensating Mr. Alonzo Key.
Referred to the Committee on Appropriations.

HR 81. By Representatives Cox of the 160th, Ashe of the 46th, Porter of the 143rd, Martin of the 47th, Orrock of the 56th and others:
A resolution authorizing the State Properties Commission, acting for and on behalf of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia.
Referred to the Committee on State Institutions & Property.

HR 82. By Representatives Purcell of the 9th and Twiggs of the 8th: A resolution compensating Mr. and Mrs. Kenneth Sullens.
Referred to the Committee on Appropriations.

HR 83. By Representatives Stancil of the 16th, Pinholster of the 15th, Lawrence of the 64th and Harris of the 17th:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, statutes and amendments to statutes and amendments to the Constitution.
Referred to the Committee on Rules.

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JOURNAL OF THE HOUSE,

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

HB 159 HB 160 HB 161 HB 162 HB 163 HB 164 HB 165
166 HB 167 1rTlrTiJ loo
HB 170 HB 171
172 HR 173 U rlRo HB 176 HB 177
178 HB 179 HB 180 HB 181 HB 182 HB 183 HB 184

HB 185 HB 186 HB 187 HB 188 HB 189 HB 190 HB 191 HB 192 HB 193 HB 194 HB 195
HB 197 HB 198 HB 199 HB 200
H tiDR
HB 202 HR 11 HR 55 HR 56 HR 57 HR 58 HR 59

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 111 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 54 Do Pass
Respectfully submitted, hi Lee of the 94th
Chairman

FRIDAY, JANUARY 13, 1995

133

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

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

SB 39. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Banks 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 40. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the author ity for this Act.

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

SR 48. By Senators Ragan of the llth and Turner of the 8th:
A resolution commending Mrs. Nancy Tennyson on being presented the "Community Service Award" by the Mental Health Association of Georgia.

SR 50. By Senators Ragan of the llth and Turner of the 8th:
A resolution commending Carl B. "Eddie" Roland on being named Outstand ing Professional by the Mental Health Association of Georgia.

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

SB 39. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the authority for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 40. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the author ity for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

134

JOURNAL OF THE HOUSE,

Representative Smith of the 175th arose to a point of personal privilege and addressed the House.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Education and referred to the Committee on the University System of Georgia:
HB 69. By Representatives Pinholster of the 15th, Brown of the 130th and Harris of the 17th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to pro vide that the HOPE scholarship program of grants to qualifying high school students shall be extended to those qualifying students attending accredited private colleges and universities located in the State of Georgia.
Representative Smith of the 109th arose to a point of personal privilege and addressed the House.
Representative White of the 161st arose to a point of personal privilege and addressed the House.
The following Resolutions of the House were read and referred to the Committee on Rules:
HR 84. By Representatives Royal of the 164th, Carter of the 166th and Bostick of the 165th: A resolution inviting Coach Jim Hughes and his coaching staff to appear before the House of Representatives.
HR 85. By Representatives Ladd of the 59th, Davis of the 60th, Williams of the 63rd, Polak of the 67th, Turnquest of the 73rd and others:
A resolution commending the 1994 Dunwoody High School fastpitch softball team and inviting the team members, their coaches, and the school principal to appear before the House of Representatives.
HR 86. By Representatives Reichert of the 126th and Falls of the 125th:
A resolution commending the Tattnall Square Academy football team and inviting the team and its coaches to appear before the House of Representa tives.
HR 89. By Representatives Stancil of the 91st, McBee of the 88th, Coleman of the 142nd and Reaves of the 178th: A resolution commending exceptional members of 4-H and inviting them to appear before the House of Representatives and recognizing the observance of 4-H Day at the state Capitol.

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

HB 60. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and Irvin of the 45th:
A bill to amend Chapter 4 of Title 28 of the Official Code of Georgia Anno tated, relating to legislative services in the General Assembly, so as to change provisions relating to the membership of the Legislative Services Committee.

FRIDAY, JANUARY 13, 1995

135

The following amendment was read and adopted:

Representatives Walker of the 141st, Irvin of the 45th and Stephenson of the 25th move to amend HB 60 as follows:
By changing the Code Section on line 13 page 1 from "29-4-1" to "28-4-1".

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

Y Ashe Y Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd
Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers
Y Coker Y Coleman, B Y Coleman, T Y Connell
YCox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs Y Bhrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwill
Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin
James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote
Perry Y Pinholster 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 Rogers Y Royal
Y Sanders Y Sauder Y Scoggins
Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinktield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Y Smyre
Y Snelling Y Snow Y Stallings
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 Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Smith of the 169th stated that he was in the Governor's Office for a meeting when the roll was called. He wished to be recorded as voting "aye" on the preced ing roll call.

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

HR 87. By Representative Smith of the 102nd: A resolution commending the Reverend Wayne Holloway.

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JOURNAL OF THE HOUSE,

HR 88. By Representative Williams of the 63rd:
A resolution commending the members of the Georgia SMOKE-FREE CLASS OF 2000.

HR 90. By Representatives Maddox of the 108th, Sanders of the 107th and Smith of the 109th:
A resolution recognizing the American Association of Retired Persons and declaring AARP Day at the Capitol.

HR 91. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Buckner of the 95th:
A resolution in honor of the Martin Luther King, Jr., holiday observance at the Shiloh Baptist Church.

SR 48. By Senators Ragan of the llth and Turner of the 8th:
A resolution commending Mrs. Nancy Tennyson on being presented the "Community Service Award" by the Mental Health Association of Georgia.

SR 50. By Senators Ragan of the llth and Turner of the 8th:
A resolution commending Carl E. "Eddie" Roland on being named Outstand ing Professional by the Mental Health Association of Georgia.

Pursuant to HR 18, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, January 23, 1995.

MONDAY, JANUARY 23, 1995

137

Representative Hall, Atlanta, Georgia Monday, January 23, 1995

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 Baker Bannister Barfoot
Bargeron Barnard Barnes Birdsong Bordeaux Bostick Breedlove Brooks, D
Brown, G
Brown, J
Brush
Buckner
Bunn Burkhalter
Byrd
Campbell Carter Coker Coleman, B Connell Cox Crews Culbreth
Cummings Davis, G
Davis, M
Day

DeLoach, B DeLoach, G Dix Dixon, H
Dixon, S Dobbs
Ehrhart
Epps Evans Felton Floyd Godbee Golden Good win
Greene Grindley
Manner
Harbin
Harris
Heard Heckstall
Hembree Henson Holland Holmes
Howard
Hudson
James
Jamieson
Jenkins
Johnson, G

Johnson, J
Johnston Kaye
Kinnamon Klein Ladd Lakly Lane
Lawrence Lee Lewis Lifsey Lord Maddox Mann
Martin McBee McCall McClinton
McKinney
Mills
Mobley, B Mobley, J Mosley Mueller O'Neal
Parham
Parrish
Parsons
Pelote
Perry

Pinholster
Polak
Porter Powell Purcell, A Purcell, B Randall Randolph Reaves Reichert Rogers Royal Sanders Sauder Scoggins Shanahan Shaw
Sherrill
Shipp Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Smith. W Smyre
Snelling Snow

Stallings Stancil, F Stancil, S Stanley, L
Stephenson Streat Taylor Teper Thomas Tillman Titus
Towery Trense
Turnquest
Twiggs Walker, L Walker, R.L Wall
Watson Watts Westmorland Whitaker White Wiles Williams, B Williams, J
Williams, R Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Childers of the 13th, Hugley of the 133rd, Hegstrom of the 66th, Lucas of the 124th, Crawford of the 129th, Jones of the 71st, Falls of the 125th, Ray of the 128th, Chambless of the 163rd, Canty of the 52nd, Stanley of the 49th, Coleman of the 142nd, Poston of the 3rd, Bailey of the 93rd, Simpson of the 101st, Orrock of the 56th, Roberts of the 162nd, Teague of the 58th, Hart of the 116th and Benefield of the 96th.
They wish to be recorded as present.

Prayer was offered by Dr. Jim Lowry, Pastor, McEachern United Methodist Church, Powder Springs, 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.

138

JOURNAL OF THE HOUSE,

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

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

HB 17. By Representative Kaye of the 37th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain persons otherwise eligible for membership in the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia shall have the option during the first five years of employment to become members of such retirement sys tems; to provide that after five years of continuous employment, such per sons shall be members of such retirement systems as a condition of employment; and for other purposes.
Referred to the Committee on Retirement.

HB 39. By Representatives Royal of the 164th, Buck of the 135th and Murphy of the 18th:
A bill to amend Code Section 48-9-9 of the Official Code of Georgia Anno tated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to authorize the delivery of motor fuel from a transport truck or vessel directly into the fuel tank of certain motor vehicles.
Referred to the Committee on Ways & Means.

HB 283. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to prohibit certain price increases for certain goods when there is a declared state of emergency.
Referred to the Committee on Industry.

HB 284. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Ful ton County, so as to provide for a change in the method of compensation of part-time magistrates.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, JANUARY 23, 1995

139

HB 285. By Representatives Martin of the 47th, Parham of the 122nd, Chambless of the 163rd, Cox of the 160th, Holmes of the 53rd 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; to provide for construction of said provisions as they relate to liability.
Referred to the Committee on Health & Ecology.

HB 286. By Representatives Mueller of the 152nd, Purcell of the 147th, Pelote of the 149th, Bordeaux of the 151st, Thomas of the 148th and others:
A bill to amend Code Section 48-5-311 of the Official Code of Georgia Anno tated, relating to county boards of equalization and review and appeals of property tax assessments, so as to provide that interest shall accrue on any additional taxes determined to be owed from the date of the final decision on appeal.
Referred to the Committee on Ways & Means.

HB 287. By Representatives Purcell of the 9th, Murphy of the 18th, Twiggs of the 8th, Shanahan of the 10th, Pinholster of the 15th and others:
A bill to amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia Col lege Reserve Officers' Training Corps grant program, so as to increase the amount of the tuition assistance granted to each eligible student.
Referred to the Committee on University System of Georgia.

HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Code Section 50-5-58 of the Official Code of Georgia Anno tated, relating to cases in which state agencies are not required to make pur chases through the Department of Administrative Services, so as to provide that emergency purchases made during a declared state of emergency by the Georgia Emergency Management Agency need not be made through such department.
Referred to the Committee on State Institutions & Property.

HB 289. By Representative Murphy of the 18th:
A bill to amend Code Section 40-5-2 of the Official Code of Georgia Anno tated, relating to maintenance of driver's license records and driver records by the Department of Public Safety, so as to provide that the records of con victions therein shall include only those convictions for which the assessment of points on the driving record is required.
Referred to the Committee on Motor Vehicles.

HB 290. By Representative Poston of the 3rd:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial discovery in criminal cases, so as to provide the opportunity to the prosecuting attorney to take depositions of physicians whose testimony is relevant to the case for use at trial against a defendant charged with certain crimes against children.
Referred to the Committee on Special Judiciary.

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HB 291. By Representative Falls of the 125th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by certain nonprofit corporations, associations, clubs, organizations, or groups.
Referred to the Committee on Ways & Means.

HB 292. By Representative McCall of the 90th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, providing exemptions from sales and use taxes, so as to exempt as industrial materials certain materials used in the quarrying and manufactur ing of granite into items for sale at retail.
Referred to the Committee on Ways & Means.

HB 293. By Representative Byrd of the 170th:
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.
Referred to the Committee on State Planning & Community Affairs.

HB 294. By Representative Brooks of the 103rd:
A bill to amend an Act providing for the election of members of the board of education of Heard County, so as to provide for nonpartisan primaries and elections for members of the board of education of Heard County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 295. By Representative Purcell of the 147th:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to provide for toll free calling between two tele phones located within a standard metropolitan statistical area of the state.
Referred to the Committee on Industry.

HB 296. By Representatives Campbell of the 42nd and Burkhalter of the 41st:
A bill to amend Code Section 15-12-1 of the Official Code of Georgia Anno tated, relating to exemptions from jury duty, so as to provide that persons 65 years of age or older may be exempt from jury duty.
Referred to the Committee on Judiciary.

HB 297. By Representative Campbell of the 42nd:
A bill to amend Code Section 34-1-4 of the Official Code of Georgia Anno tated, relating to employer immunity for disclosure of information regarding job performance, so as to include banks and employees of banks within the provisions of said Code section.
Referred to the Committee on Banks & Banking.

MONDAY, JANUARY 23, 1995

141

HB 298. By Representatives Mills of the 21st, Smith of the 19th and Rogers of the 20th:
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 levy of such tax for capital outlay projects for educa tional purposes.
Referred to the Committee on Ways & Means.

HB 299. By Representative Campbell of the 42nd:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Anno tated, relating to breach of a restrictive covenant, so as to change the statute of limitations applicable to actions for breach of covenant restricting lands to certain uses.
Referred to the Committee on Judiciary.

HB 300. By Representative Campbell of the 42nd:
A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to provide for jurisdiction of all municipal courts to try cases of violations of Code Sections 16-5-20 and 16-5-23, relating to simple assault and simple battery.
Referred to the Committee on Special Judiciary.

HB 301. By Representative Campbell of the 42nd:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Anno tated, relating to the appointment of municipal court judges, so as to elimi nate the requirement that a municipal court judge reside in the same judicial circuit as that in which the court is located.
Referred to the Committee on Judiciary.

HB 302. By Representative Smith of the 109th:
A bill to amend the "Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act," so as to change the provisions relating to bond maturities.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 303. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 304. By Representative Holland of the 157th:
A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to provide that the advertising of legal services shall contain a certain message.
Referred to the Committee on Judiciary.

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HB 305. By Representative Smith of the 109th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Driver's License Act," so as to change the definition of the term "commercial driver's instruc tion permit"; to change the provisions relating to the issuance of a commer cial driver's instruction permit.
Referred to the Committee on Motor Vehicles.

HB 306. By Representative Bostick of the 165th:
A bill to amend Article 4 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to employee and employer contributions to the Trial Judges and Solicitors Retirement Fund, so as to provide that a judge of an inferior court who serves by designation as a superior court judge may elect to have the compensation received for such service serve as the basis for employee and employer contributions to such fund.
Referred to the Committee on Retirement.

HB 307. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to abolish the office of treasurer of Henry County; to provide for the transfer of powers, duties, and authority of such office and the delivery of all money, books, papers, and property of such office to the governing authority of Henry County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 308. By Representative Campbell of the 42nd:
A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for enhanced criminal penalties for the use of dangerous weap ons, machine guns, sawed-off rifles, sawed-off shotguns, or firearms equipped with silencers during the commission of certain offenses.
Referred to the Committee on Special Judiciary.

HB 309. By Representatives McBee of the 88th, Scoggins of the 24th and Cummings of the 27th:
A bill to amend Code Section 47-3-1 of the Official Code of Georgia Anno tated, relating to definitions relative to the Teachers Retirement System of Georgia, so as to change a certain definition.
Referred to the Committee on Retirement.

HB 310. By Representative Kinnamon of the 4th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 23, 1995

143

HB 311. By Representatives McBee of the 88th, Scoggins of the 24th, Culbreth of the 132nd, Taylor of the 134th and Cummings of the 27th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to authorize credit able service for unused sick leave which is accumulated at the time of retire ment.
Referred to the Committee on Retirement.
HB 312. By Representative Holland of the 157th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to ethics in government, so as to provide for a short title; to define a certain term; to provide a statement of legislative intent; to define certain terms; to provide a code of fair campaign practices.
Referred to the Committee on Governmental Affairs.

HB 313. By Representatives Holmes of the 53rd, Sinkfield of the 57th, White of the 161st, Randall of the 127th, Canty of the 52nd and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participa tion in state contracts.
Referred to the Committee on State Planning & Community Affairs.

HB 314. By Representative Jenkins of the 110th:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Anno tated, relating to the dissemination of records of the Georgia Crime Informa tion Center, so as to allow public access to centralized conviction and other records maintained by the state and limit fees therefor.
Referred to the Committee on Public Safety.

HB 315. By Representative Holmes of the 53rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial or other proceedings, so as to provide for the offense of sentence circumvention.
Referred to the Committee on Special Judiciary.

HB 316. By Representatives Jenkins of the 110th and Smith of the 109th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemp tion of income taxes, so as to provide for a tax credit for persons who received certain disaster assistance during the 1994 taxable year.
Referred to the Committee on Ways & Means.

HB 317. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to amend an Act reconstituting the Board of Education of Talbot County and providing for its powers, duties, rights, obligations, and liabili ties, so as to provide for the compensation of members of the board of educa tion.
Referred to the Committee on State Planning & Community Affairs - Local.

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HB 318. By Representatives Randall of the 127th, Childers of the 13th and Jones of the 71st:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for definitions; to provide for criminal record checks for employment applicants for nursing homes.
Referred to the Committee on Judiciary.

HB 319. By Representatives Davis of the 60th, Klein of the 39th, Ashe of the 46th, Irvin of the 45th, Johnson of the 97th and others:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings for persons under sentence of state court of record, so as to require petitions to state claims which have previously been raised; to provide a schedule for proceedings in death penalty state habeas corpus cases, including time limits for requesting assistance, filing amendments and motions, and responses to amendments and motions.
Referred to the Committee on Special Judiciary.
HB 320. By Representatives Smith of the 174th, Williams of the 114th and Purcell of the 147th:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide that any physician or surgeon who prescribes not more than one months' supply of medication shall not be liable for civil damages in the event any person intentionally or unintentionally takes an overdose.
Referred to the Committee on Judiciary.

HB 321. By Representatives Smith of the 174th and Powell of the 23rd:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Anno tated, relating to exemptions from Chapter 11 of Title 34, the "Boiler and Pressure Vessel Safety Act," so as to provide that the provisions of such chapter shall not apply to autoclaves operated by any professional licensed in this state.
Referred to the Committee on Industry.

HB 322. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend an Act providing for the Clarke County School District, so as to change the compensation and expenses of the members of the Board of Education of Clarke County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 323. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Housing and Finance Authority Act," so as to change the definition of the term "business"; to change the provisions relat ing to obligations not subject to the "Georgia Securities Act of 1973"; to remove the sunset provision for issuing certain industrial development bonds.
Referred to the Committee on Industry.

MONDAY, JANUARY 23, 1995

145

HB 324. By Representatives Sinkfield of the 57th, Polak of the 67th, McBee of the 88th, Ashe of the 46th and Taylor of the 134th:
A bill to amend Chapter 7 of Title 49 of the Official Code of Georgia Anno tated, the "Family-Planning Services Act," so as to provide for a statement of intent; to provide that family-planning services shall be made available to all persons who request such services.
Referred to the Committee on Children and Youth.

HB 325. By Representatives Irvin of the 45th, Ehrhart of the 36th, Mueller of the 152nd, Evans of the 28th, Pinholster of the 15th and others:
A bill to amend Code Section 50-27-3 of the Official Code of Georgia Anno tated, relating to the lottery for education, so as to change the provisions relating to definitions.
Referred to the Committee on Appropriations.

HB 326. By Representative Skipper of the 137th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions applicable to professions and businesses, so as to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern.
Referred to the Committee on State Planning & Community Affairs.

HB 327. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the maximum amount of compensation used in computing employee contributions to and benefits due from any public retirement or pension system shall be that established by the federal Internal Revenue Code.
Referred to the Committee on Retirement.

HB 328. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change the provi sions relating to the duty of the state auditor to maintain statistics on archi tectural and engineering firms doing business with the state; to change the manner in which the amount of business awarded by the state is calculated.
Referred to the Committee on Appropriations.

HB 329. By Representatives Royal of the 164th and Jamieson of the 22nd:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxa tion of property, so as to provide for limitations upon the rate of increase of the ad valorem tax millage rate and assessed value of property for certain purposes.
Referred to the Committee on Ways & Means.

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HB 330. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance.
Referred to the Committee on Insurance.
HB 331. By Representatives Irvin of the 45th, Ehrhart of the 36th, Mueller of the 152nd, Evans of the 28th, Pinholster of the 15th and others:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxation, so as to provide for a phased-in exemption for certain food items with respect to the levy or imposition of certain sales and use taxation.
Referred to the Committee on Ways & Means.
HB 332. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the consumers' utility counsel, so as to create the consum ers' utility counsel division of the Governor's Office of Consumer Affairs; 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 make conforming amendments.
Referred to the Committee on Industry.
HB 333. By Representatives Irvin of the 45th, Ehrhart of the 36th, Mueller of the 152nd, Evans of the 28th, Pinholster of the 15th and others:
A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution by criminal defendants, so as to require certain reports regarding crimes and restitution orders relating thereto.
Referred to the Committee on Judiciary.
HB 334. By Representatives Irvin of the 45th, Ehrhart of the 36th, Mueller of the 152nd, Evans of the 28th, Pinholster of the 15th and others:
A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to the management of budgetary and financial affairs of the state, so as to provide for the inclusion in the Gover nor's budget report of estimated income, receipts, and expenditures for cur rent and future fiscal years.
Referred to the Committee on Appropriations.
HB 335. By Representatives Skipper of the 137th, Powell of the 23rd and Watson of the 139th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise provisions relating to the regulation and licensure of persons dealing in used motor vehicles and used motor vehicle parts; to define terms; to provide for a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers.
Referred to the Committee on Industry.

MONDAY, JANUARY 23, 1995

147

HB 336. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the eligibility requirements regard ing certain tax credits for manufacturing facilities; to change limitations applicable to such credits; to change certain provisions relating to tax credits for employers providing approved retraining programs; to change certain pro visions relating to tax credits for employers providing child care.
Referred to the Committee on Ways & Means.

HB 337. By Representatives Ehrhart of the 36th and Davis of the 60th:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce, so as to provide for the payment of certain fees to a witness who resides outside the county where testimony is to be given at the time of such witness's appearance to give testimony.
Referred to the Committee on Judiciary.

HB 338. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.
Referred to the Committee on Judiciary.

HB 339. By Representative Barnes of the 33rd:
A bill to amend Code Section 19-7-44 of the Official Code of Georgia Anno tated, relating to parties to actions for determination of paternity and guard ians ad litem, so as to delete certain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem.
Referred to the Committee on Judiciary.

HB 340. By Representative Barnes of the 33rd:
A bill to amend Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," so as to provide for the forfeiture of motor vehicles used in the commission or to facilitate the commission of a burglary or armed robbery; to provide procedures; to provide for notice to certain persons having an interest in the property subject to forfeiture.
Referred to the Committee on Judiciary.

HB 341. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to redefine certain terms and to define additional terms; to authorize applications for, orders approving, and installa tion and use of pen registers and trap and trace devices, to the extent the same is consistent with and permitted by the laws of the United States.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.
Referred to the Committee on Health & Ecology.

HB 343. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Anno tated, relating to real estate brokers and salespersons, so as to change the definition of a certain term; to define additional terms; to change the provi sions relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or part nership.
Referred to the Committee on Industry.

HB 344. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifi cations; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification.
Referred to the Committee on Industry.

HB 345. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to provide for the creation of regional jail authorities.
Referred to the Committee on State Institutions & Property.

HB 346. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to provide for the inclusion of capital outlay projects consisting of regional jails, correctional institutions, or other detentional facilities.
Referred to the Committee on State Institutions & Property.

HB 347. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 1 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to pretrial proceed ings in criminal cases, so as to provide for an exception to the requirements of Code Section 17-7-1 relating to the jailing of prisoners where there is no secure jail in the county.
Referred to the Committee on State Institutions & Property.

MONDAY, JANUARY 23, 1995

149

HB 348. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Jail Construction and Staffing Act," so as to change the provisions relating to the expenditures of moneys; to authorize use of funds for contracts with regional jail authorities and the construction, operation, maintenance, and staffing of jails and other facilities by regional jail authorities.
Referred to the Committee on State Institutions & Property.
HB 349. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Code Section 36-82-61 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Article 3 of Chapter 82 of Title 36, known as the "Revenue Bond Law," so as to change the definitions of "undertaking" to include jails and all other structures and facilities which are necessary and convenient for the operation of jails.
Referred to the Committee on State Institutions & Property.
HB 350. By Representatives Twiggs of the 8th, Murphy of the 18th, Purcell of the 9th, Jamieson of the 22nd, Whitaker of the 7th and others:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, the "Erosion and Sedimentation Act of 1975," so as to define certain terms; to revise the minimum requirements for rules and regulations govern ing land-disturbing activities.
Referred to the Committee on Natural Resources & Environment.
HB 351. By Representatives Holmes of the 53rd, Canty of the 52nd, Goodwin of the 79th, Holland of the 157th and Kinnamon of the 4th:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Municipal Election Code," so as to change the time for fixing qualification fees; to provide that qualifying fees shall be fixed by municipal charter or ordinance for nonsalaried officers.
Referred to the Committee on Governmental Affairs.

HB 352. By Representatives Sherrill of the 62nd, Henson of the 65th and Powell of the 23rd:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to change certain licensing and registration deadlines; to provide for penalties for late registration; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change the expiration date for obtaining license plates.
Referred to the Committee on Motor Vehicles.
HB 353. By Representatives Simpson of the 101st and Stallings of the 100th:
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 a subsidized employment demonstration "Work First Program".
Referred to the Committee on Children and Youth.

150

JOURNAL OF THE HOUSE,

HB 354. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to define and provide for the establishment of community development districts; to prescribe the methods by which alco holic beverages may be lawfully sold within such districts.
Referred to the Committee on Regulated Beverages.
HB 355. By Representatives Felton of the 43rd, Barnes of the 33rd, Walker of the 141st, Irvin of the 45th and Lane of the 146th:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to political campaign contributions, so as to change the provisions relating to disclosures of loans, advances, and exten sions of credit; to change the purposes for which campaign contributions may be used.
Referred to the Committee on Governmental Affairs.
HB 356. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, so as to provide for the exclusion of elected county officials, during the term for which elected, from the provi sion of certain insurance, retirement, and other employment benefits estab lished and funded during such term.
Referred to the Committee on State Planning & Community Affairs.
HB 357. By Representatives Scoggins of the 24th, Dixon of the 168th and McBee of the 88th:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Anno tated, relating to homestead exemptions for disabled veterans, so as to extend a homestead exemption to the unmarried surviving spouse or minor children of certain persons who are killed in military combat.
Referred to the Committee on Ways & Means.

HB 358. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a popula tion of 550,000 or more, so as to provide as additional factors to be considered compliance with a female business enterprise participation plan or efforts to comply therewith and compliance with nondiscrimination and equal opportunity provisions.
Referred to the Committee on State Planning & Community Affairs.
HB 359. By Representative McKinney of the 51st:
A bill to amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to crimi nal prosecutions, so as to change the provisions relating to the use of force in defense of habitation; to authorize certain persons to use force in defense of businesses under certain circumstances; to provide for criminal and civil immunity.
Referred to the Committee on Special Judiciary.

MONDAY, JANUARY 23, 1995

151

HB 360. By Representative Smith of the 109th:
f
A bill to amend Code Section 15-11-60 of the Official Code of Georgia Anno tated, relating to when a child may be fingerprinted or photographed and the publication of names and pictures of children, so as to provide that the name or picture of any child under 18 years of age, charged with the offense of murder, voluntary manslaughter, kidnapping, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, or armed robbery may be made public or published by any news media.
Referred to the Committee on Judiciary.

HB 361. By Representative Smith of the 109th:
A bill to amend Code Section 44-12-300 of the Official Code of Georgia Annotated, relating to the recognition of American Indian tribes, so as to change the listing of such tribes.
Referred to the Committee on State Planning & Community Affairs.

HB 362. By Representative Smith of the 109th:
A bill to amend Code Section 33-9-42 of the Official Code of Georgia Anno tated, relating to reductions in insurance premiums for certain motor vehicle liability and other coverage, so as to provide that such reductions shall be in addition to other reductions and discounts and to provide for certain disci plinary actions.
Referred to the Committee on Insurance.

HB 363. By Representative Royal of the 164th:
A bill to amend Code Section 36-62-6 of the Official Code of Georgia Anno tated, relating to powers of development authorities, so as to provide for additional powers with respect to the disposition of real property to the state.
Referred to the Committee on State Planning & Community Affairs.

HB 364. By Representative Irvin of the 45th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to authorize the merger of any two adjacent municipal corporations into a new municipal corporation.
Referred to the Committee on State Planning & Community Affairs.

HR 3. By Representatives Kaye of the 37th, Lifsey of the 6th, Bunn of the 74th, Mills of the 21st, Johnson of the 97th and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, amendments to the Constitution and statutes and amendments to statutes.
Referred to the Committee on Judiciary.

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HR 92. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th: A resolution creating the House State Emergency Management Study Com mittee.
Referred to the Committee on Rules.
HR 93. By Representative Holland of the 157th: A resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly from two years to four years and provide for a four-term limitation.
Referred to the Committee on Governmental Affairs.
HR 94. By Representatives Watts of the 26th, Murphy of the 18th and Barnes of the 33rd: A resolution honoring Charles Hardy and designating a portion of Georgia Highway 120 as the "Charles Hardy Parkway".
Referred to the Committee on Transportation.
HR 95. By Representatives Snow of the 2nd, Smith of the 174th, Stancil of the 91st, Polak of the 67th, Street of the 167th and others: A resolution recreating the Aged and Disabled Transportation Task Force.
Referred to the Committee on Rules.
HR 96. By Representative Irvin of the 45th: A resolution proposing an amendment to the Constitution so as to provide for a limit upon certain increases in ad valorem taxes.
Referred to the Committee on Ways & Means.
HR 97. By Representatives Irvin of the 45th, Ehrhart of the 36th, Pinholster of the 15th, Evans of the 28th, Klein of the 39th and others: A resolution proposing an amendment to the Constitution so as to limit members of the General Assembly to six consecutive two-year terms of office.
Referred to the Committee on Governmental Affairs.
HR 98. By Representatives Irvin of the 45th, Ehrhart of the 36th, Mueller of the 152nd, Evans of the 28th, Pinholster of the 15th and others: A resolution proposing an amendment to the Constitution so as to limit the rate of growth in the state budget to the rate of growth in the gross state product unless approved by a two-thirds' vote of both houses of the General Assembly.
Referred to the Committee on Appropriations.

HR 99. By Representatives Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Pinholster of the 15th, Klein of the 39th and others:
A resolution proposing an amendment to the Constitution so as to provide that the people of the State of Georgia shall have the power to enact or reject, by the initiative petition process, general statutes and amendments to the Constitution.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 23, 1995

153

HR 100. By Representatives Skipper of the 137th and Epps of the 131st: A resolution compensating Mr. William H. Clark.
Referred to the Committee on Appropriations.

HR 101. By Representative Watson of the 139th:
A resolution proposing an amendment to the Constitution so as to change the residency and venue requirements in divorce cases involving members of the United States armed forces stationed in this state.
Referred to the Committee on Judiciary.

HR 102. By Representative Streat of the 167th: A resolution compensating Ms. Carrie Fletcher.
Referred to the Committee on Appropriations.

HR 103. By Representatives Lewis of the 14th, Barnes of the 33rd, Polak of the 67th, Smith of the 12th, Shanahan of the 10th and others:
A resolution urging the Congress of the United States to increase the amount of the gross estate subject to federal estate taxes.
Referred to the Committee on Ways & Means.

HR 104. By Representatives Lewis of the 14th, Walker of the 141st, Barnes of the 33rd, Polak of the 67th, Shanahan of the 10th and others:
A resolution creating the House Study Committee on Privatization of State Governmental Services.
Referred to the Committee on Rules.

HR 105. By Representatives Irvin of the 45th, Ehrhart of the 36th, Mueller of the 152nd, Evans of the 28th, Pinholster of the 15th and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the Gen eral Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

HR 119. By Representatives Stancil of the 16th, Pinholster of the 15th, Lawrence of the 64th, Harris of the 17th, Smith of the 174th and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote.
Referred to the Committee on Ways & Means.

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

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JOURNAL OF THE HOUSE,

HB 10 HB 13 HB 19 HB 23 HB 203 HB 204 HB 205 HB 206 HB 207 HB 208 HB 209 HB 210 HB 211 HB 212 HB 213 HB 214 HB 215 HB 216 HB 217 HB 218 HB 219 HB 220 HB 221 HB 222 HB 223 HB 224 HB 225 HB 226 HB 227 HB 228 HB 229 HB 230 HB 231 HB 232 HB 233 HB 234 HB 235 HB 236 HB 237 HB 238 HB 239 HB 240 HB 241 HB 242 HB 243 HB 244 HB 245 HB 246

HB 247 HB 248 HB 249 HB 250 HB 251 HB 252 HB 253 HB 254 HB 255 HB 256 HB 257 HB 258 HB 259 HB 260 HB 261 HB 262 HB 263 HB 264 HB 265 HB 266 HB 267 HB 268 HB 269 HB 270 HB 271 HB 272 HB 273 HB 274 HB 275 HB 276 HB 277 HB 278 HB 279 HB 280 HB 281 HB 282 HR 1 HR 12 HR 76 HR 77 HR 78 HR 79 HR 80 HR 81 HR 82 HR 83 SB 39 SB 40

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

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

MONDAY, JANUARY 23, 1995

155

HR 65 Do Pass HR 84 Do Pass

HR 85 Do Pass HR 86 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

The following communication was received:

House of Representatives Legislative Office Building, Room 509
Atlanta, Georgia 30334
January 19, 1995
Honorable Thomas B. Murphy Speaker House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Mr. Speaker:
Yesterday I had surgery for a ruptured disk, and I am writing to ask that you excuse me for the time I need to recover. I am advised by my doctor that recovery time is a mini mum of two to three weeks, but I assure you that I plan to be in daily contact with my office during that time.
I apologize for the timing, Mr. Speaker, but I was not given a choice in this matter. There fore, I respectfully request that you excuse me for the time required to recover from sur gery and that you lock my machine until I can resume my seat, which will be as soon as my doctor releases me.
I thank you for your consideration and ask that you please contact me should you have any questions.
Sincerely, /s/ Mickey
Mickey Channell State Representative House District 111
RMCxdp
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:

HB 111. By Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th, Grindley of the 35th, Snelling of the 99th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a can didate at the ensuing general election.

The following amendment was read and adopted:

Representatives Holmes of the 53rd and Ladd of the 59th move to amend HB 111 by striking lines 5 through 7 of page 1 and inserting in lieu thereof the following:
"filling of vacancies created by such withdrawal; to provide for special".

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JOURNAL OF THE HOUSE,

By striking lines 39 through 41 of page 5 and inserting in lieu thereof the following:
"the vacancy shall be filled by a special primary which shall be open only to the party of such deceasedj withdrawn, or disqualified candidate and the office shall be filled by

Representative Walker of the 141st moved that HB 111 be placed upon the table.
The motion prevailed.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Motor Vehicles and referred to the Committee on Judiciary:
HB 196. By Representative Barnes of the 33rd:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for local governmental respon sibility in the operation of vehicles; to provide for a short title.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Indus trial Relations:
HB 261. By Representatives Lane of the 146th, Bordeaux of the 151st, Orrock of the 56th, Lewis of the 14th and Kinnamon of the 4th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the State Merit System of Person nel Administration, so as to provide that the term "unclassified service" shall include certain additional officers and employees in the Department of Labor.
Representative Lee of the 94th arose to a point of personal privilege and addressed the House.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:
HR 54. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution recognizing the Brooks County Trojan Football Team and invit ing the team to appear before the House of Representatives.
HR 65. By Representatives Titus of the 180th, Reaves of the 178th and Bates of the 179th:
A resolution commending the Thomas County Central High School football team and inviting the team to appear before the House of Representatives.
HR 84. By Representatives Royal of the 164th, Carter of the 166th and Bostick of the 165th:
A resolution inviting Coach Jim Hughes and his coaching staff to appear before the House of Representatives.

MONDAY, JANUARY 23, 1995

157

HR 85. By Representatives Ladd of the 59th, Davis of the 60th, Williams of the 63rd, Polak of the 67th, Turnquest of the 73rd and others:
A resolution commending the 1994 Dunwoody High School fastpitch softball team and inviting the team members, their coaches, and the school principal to appear before the House of Representatives.

HR 86. By Representatives Reichert of the 126th and Falls of the 125th:
A resolution commending the Tattnall Square Academy football team and inviting the team and its coaches to appear before the House of Representa tives.

The following Resolutions of the House were read and adopted:

HR 107. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th, Dixon of the 150th, Day of the 153rd and others:
A resolution commending the Savannah College of Art and Design.

HR 108. By Representative Purcell of the 147th: A resolution commending Mr. Preston Exley.

HR 109. By Representative Purcell of the 147th:
A resolution honoring and congratulating Greater Bethel AME Church in Rincon on the occasion of its 100th anniversary.

HR 110. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Buckner of the 95th:
A resolution in honor of the Martin Luther King, Jr., holiday observance at the Martin Luther King, Jr., prayer breakfast.

HR 111. By Representatives Barnes of the 33rd, Murphy of the 18th, Connell of the 115th, Watson of the 139th, Walker of the 141st and others:
A resolution expressing best wishes for a speedy recovery to Honorable Hamilton McWhorter, Jr.

HR 112. By Representative Hanner of the 159th: A resolution commending Coach Don Beard.

HR 113. By Representatives Johnson of the 84th and Wall of the 82nd:
A resolution designating 1995 as "Lawrenceville Public Schools Centennial Year".

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

HR 106. By Representative McKinney of the 51st:
A resolution inviting Fulton County Commission Chairman Mitch Skandalakis to appear before the House of Representatives.

158

JOURNAL OF THE HOUSE,

HR 114. By Representative Hanner of the 159th:
A resolution commending the Terrell Academy Eagle football team and invit ing the team to appear before the House of Representatives.

HR 115. By Representatives Klein of the 39th and Parsons of the 40th:
A resolution commending the Lassiter High School marching band and invit ing the members of the band and the band directors to appear before the House of Representatives.

HR 116. By Representatives Holmes of the 53rd, White of the 161st, Randall of the 127th, Heckstall of the 55th, Sinkfield of the 57th and others:
A resolution commending the leaders of the government of the Republic of South Africa and inviting them to appear before the House of Representa tives.

HR 117. By Representatives Hart of the 116th, Taylor of the 134th, Stanley of the 49th, Mobley of the 69th and Sinkfield of the 57th:
A resolution recognizing and commending Delta Sigma Theta Sorority and inviting members of that sorority to appear before the House of Representa tives.

HR 118. By Representatives Williams of the 63rd, McBee of the 88th, Felton of the 43rd, Harris of the 17th, Trense of the 44th and others:
A resolution commending the Georgia Women's Intersport Network (GAWIN) and inviting the members thereof to appear before the House of Rep resentatives.

HR 120. By Representative McKinney of the 51st:
A resolution inviting Mayor Bill Campbell to appear before the House of Representatives.

The following communications were received:

The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334

Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334

January 12, 1995

Dear Max:

Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Johnny Gresham was elected as a member of the State Transportation Board from the Sixth Congressional District. He will serve for a term beginning April 16, 1995, and expiring April 15, 2000. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.

With best regards, I am

MONDAY, JANUARY 23, 1995

159

SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Johnny Gresham Honorable Johnny Isakson Honorable George H. Grindley, Jr. Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Vicki Snow

Sincerely yours, /a/ Sewell
Sewell R. Brumby Legislative Counsel

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Johnny Gresham has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Sixth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1995, and expiring April 15, 2000.
This 12th day of January, 1995.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 12, 1995
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1995, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Johnny Gresham was elected as a member of the State Trans portation Board from the Sixth Congressional District to serve a term beginning April 16, 1995, and expiring April 15, 2000.

160

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Johnny Isakson
Senator 21st District Chairman Sixth Congressional District Caucus
/s/ George H. Grindley, Jr. Representative, 35th District Secretary Sixth Congressional District Caucus

The General Assembly State Capitol Atlanta
January 12, 1995
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 12, 1995, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Johnny Gresham was elected as a member of the State Trans portation Board from the Sixth Congressional District to serve a term beginning April 16, 1995, and expiring April 15, 2000.
Respectfully submitted, /s/ Johnny Isakson
Senator 21st District Chairman Sixth Congressional District Caucus
/s/ George H. Grindley, Jr. Representative, 35th District Secretary Sixth Congressional District Caucus
The General Assembly Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
January 12, 1995
Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334
Dear Max:
Enclosed is a certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District. He will serve for a term beginning April 16, 1995, and expiring April 15, 2000. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20.
With best regards, I am

MONDAY, JANUARY 23, 1995

161

SRB:jp Enclosures cc: Honorable Zell Miller
Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Frank C. Pinkston Honorable Hugh M. Gillis, Sr. Honorable Jay Shaw Mr. Wayne Shackelford Mr. Frank Eldridge, Jr. Mr. Robert E. Rivers, Jr. Ms. Vicki Snow

Sincerely yours, /s/ Sewell
Sewell R. Brumby Legislative Counsel

The General Assembly State Capitol Atlanta
TO: HONORABLE MAX CLELAND SECRETARY OF STATE
This is to certify that Honorable Frank C. Pinkston has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the Eighth Congressional District for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1995, and expiring April 15, 2000.
This 12th day of January, 1995.
/s/ Pierre Howard President of the Senate
/s/ Thomas B. Murphy Speaker, House of Representatives

The General Assembly State Capitol Atlanta
January 12, 1995
Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334
Dear Lieutenant Governor Howard:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 11, 1995, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 1995, and expiring April 15, 2000.

162

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Hugh M. Gillis, Jr.
Senator 20th District Chairman Eighth Congressional District Cau cus
/&/ Jay Shaw Representative, 176th District Secretary Eighth Congressional District Cau cus

The General Assembly State Capitol Atlanta
January 12, 1995
Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334
Dear Speaker Murphy:
Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 11, 1995, at 2:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Frank C. Pinkston was elected as a member of the State Transportation Board from the Eighth Congressional District to serve a term beginning April 16, 1995, and expiring April 15, 2000.
Respectfully submitted, /s/ Hugh M. Gillis, Jr.
Senator 20th District Chairman Eighth Congressional District Cau cus
/s/ Jay Shaw Representative, 176th District Secretary Eighth Congressional District Cau-

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 125 Do Pass HB 163 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

MONDAY, JANUARY 23, 1995

163

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 155 Do Pass, by Substitute HB 197 Do Pass HB 198 Do Pass

HB 199 Do Pass HB 278 Do Pass

Respectfully submitted, /si Chambless of the 163rd
Chairman

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

Mr. Speaker:

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

HB 136 Do Pass HB 137 Do Pass HB 138 Do Pass

HB 171 Do Pass HB 172 Do Pass HB 266 Do Pass

Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

164

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 24, 1995

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

Ashe Bailey Bannister Barfoot
Bargeron
Barnard Barnes
Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks, D
Brooks, T
Brown, G Brown, J Brush Burin Campbell Canty Carter Chambless Childers Coker Coleman, B Connell
Cox
Crawford
Crews Culbreth Cummings

Davis, G Davis, M Day DeLoach, B DeLoach, G Dix Dixon, S Dobbs Ehrhart Epps Evans Falls Felton Floyd Godbee Golden
Goodwin
Greene Manner
Harbin
Harris
Heard
Heckstall
Hegstrom
Hembree
Holland
Howard
Hudson
Hugley Irvin
James

Jamieson Jenkins Johnson, G Johnson, J Johnston Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Lucas Maddox Mann
Martin
McBee McCall McClinton
McKinney
Mills Mobley, B Mobley, J Mosley O'Neal
Parham
Parsons

Pelote Perry Pinhoister Polak
Porter Powell Purcell, A Purcell, B Randall Randolph Ray Reaves Reichert Roberts Rogers Royal Sanders Sauder Scoggins
Shanahan
Shaw
Sherrill
Shipp
Simpson
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V

Smith, W Snelling Snow Stallings Stancil, F Stancil, S Streat Taylor Teague Teper Thomas Tillman Titus Towery
Trense
Turnquest Walker, L Walker, R.L Wall
Watson
Watts Westmoreland
Whitaker
White
Wiles
Williams, B
Williams, J
Williams, R
Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Burkhalter of the 41st, Mueller of the 152nd, Buckner of the 95th, Stanley of the 49th, Parrish of the 144th, Grindley of the 35th, Hart of the 116th, Coleman of the 142nd, Jones of the 71st, Stanley of the 50th, Dixon of the 168th, Henson of the 65th, Baker of the 70th, Sinkfield of the 57th, Orrock of the 56th and Byrd of the 170th.
They wish to be recorded as present.

Prayer was offered by Dr. W. Jim Britt, Pastor, First Baptist Church, Ashburn, Geor gia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

TUESDAY, JANUARY 24, 1995

165

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

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

HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th, O'Neal of the 75th, Coleman of the 80th and others:
A bill to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to provide for the applicability of advanced placement examination fees to students enrolled in private secondary schools.
Referred to the Committee on Education.

HB 366. By Representatives Chambless of the 163rd and Murphy of the 18th:
A bill to amend Code Section 9-11-4 of the Official Code of Georgia Anno tated, relating to process, so as to change the provisions relating to service of process and returns; to repeal certain provisions relating to service of pro cess by certain persons; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the sheriff of a county and the deputy sheriffs shall serve as and perform the duties of constables of the magistrate court of such county.
Referred to the Committee on Judiciary.

HR 122. By Representatives Walker of the 141st and McBee of the 88th:
A resolution re-creating the Georgia State Museum and State Library Study Commission.
Referred to the Committee on Rules.

HR 123. By Representatives Walker of the 141st, Lee of the 94th, Connell of the 115th, Stephenson of the 25th, Dixon of the 150th and others:
A resolution amending the Rules of the House of Representatives.
Referred to the Committee on Rules.

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

166
HB 17 HB 39 HB 283 HB 284 HB 285 HB 286 HB 287 HB 288 HB 289 HB 290 HB 291 HB 292 HB 293 HB 294 HB 295 HB 296 HB 297 HB 298 HB 299 HB 300 HB 301 HB 302 HB 303 HB 304 HB 305 HB 306 HB 307 HB 308 HB 309 HB 310 HB 311 HB 312 HB 313 HB 314 HB 315 HB 316 HB 317 HB 318 HB 319 HB 320 HB 321 HB 322 HB 323 HB 324 HB 325 HB 326 HB 327 HB 328
HB 329 HB 330

JOURNAL OF THE HOUSE,
HB 331 HB 332 HB 333 HB 334 HB 335 HB 336 HB 337 HB 338 HB 339 HB 340 HB 341 HB 342 HB 343 HB 344 HB 345 HB 346 HB 347 HB 348 HB 349 HB 350 HB 351 HB 352 HB 353 HB 354 HB 355 HB 356 HB 357 HB 358 HB 359 HB 360 HB 361 HB 362 HB 363 HB 364 HR 3 HR 92 HR 93 HR 94 HR 95 HR 96 HR 97 HR 98 HR 99 HR 100 HR 101 HR 102 HR 103 HR 104
HR 105 HR 119

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

Mr. Speaker:

TUESDAY, JANUARY 24, 1995

167

Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 55 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 89 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 25 Do Not Pass HB 56 Do Not Pass HR 25 Do Not Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Royal of the 164th 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 210 Do Pass HB 272 Do Pass HB 275 Do Pass

SB 39 Do Pass SB 40 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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JOURNAL OF THE HOUSE,

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

HB 210. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 272. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 275. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 39. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Banks 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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, JANUARY 24, 1995

169

SB 40. By Senator Madden of the 47th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Banks County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the author ity for this Act.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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

Representative Canty of the 52nd arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Industrial Relations and referred to the Committee on Industry:

HB 240. By Representatives Buckner of the 95th, Lee of the 94th, Ashe of the 46th, Felton of the 43rd and Bailey of the 93rd:
A bill to amend Article 2 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to definitions and applications of terms under the "Employment Security Law," so as to change provisions relating to tem porary help contracting firms and their employees; to provide that a tempo rary help contracting firm employee who does not report for reassignment after completion of an assignment shall be deemed to have left employment voluntarily without good cause.

Representative Howard of the 118th arose to a point of personal privilege and addressed the House.

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

HB 155. By Representatives Cox of the 160th, Martin of the 47th and Dobbs of the 92nd:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youths, so as to change the provisions relating to definitions; to change the provisions relating to the investigation of child abuse reports and the reports regarding such investigation.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to pro grams and protection for children and youth, so as to change the provisions relating to

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definitions; to change the provisions relating to the investigation of child abuse reports and the reports regarding such investigation; to provide for notice and opportunity for hearing before alleged child abusers will have their names included on the child abuse registry; to provide for hearings and appeals; to provide for inclusion of names on such registry; to change the provisions relating to expungement of names from such registry; to authorize individuals to find out whether their names are included on such registry; to change the provisions relating to immunity from liability; to repeal conflicting laws; and for other pur poses.
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 Article 8 and inserting in its place the following:
"Article 8
49-5-180. As used in this article, the term:
(1) 'Abuse investigator' means the department, any local department of family and children services, law enforcement agency, or district attorney or designee thereof. (2) 'Abuse registry' means the Child Protective Services Information System central child abuac registry required to be established by Code Section 49-5-181. (3) 'Abused' means subjected to child abuse. (3.1) 'Alleged child abuser' means a person deemed to be an alleged child abuser pur suant to Code Section 49-5-183.1. (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 pur poses of the classification required by paragraph (4) of subsection (c) of Code Sec tion 49-5-183; ami (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 49-5-183r; and (E) However, no child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an 'abused' child. (6) 'Confirmed' means that an investigation by an abuse investigator has revealed that there is substantial equal or greater credible evidence that child abuse occurred than the credible evidence that child abuse did not occur. (6.1) 'DFACS office' means the principal office of a county department of family and children services. (7) 'Division' means the Division of Family and Children Services of the Department of Human Resources. (7.1) 'Hearing Office' means the Office of State Administrative Hearings created under Code Section 50-13-40. (8) '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

TUESDAY, JANUARY 24, 1995

171

information obtained under this article which are similar to those provided in this article. (8.1) 'Sexual abuse' means a person's employing, using, persuading, inducing, enticing, or coercing any minor who is not that person's spouse to engage in any act which involves:
(A) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oralanal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or pubic area of any person; (E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; or (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure. 'Sexual abuse' shall not include consensual sex acts involving persons of the opposite sex when the sex acts are between minors or between a minor and an adult who is not more than five years older than the minor. This provision shall not be deemed or construed to repeal any law concerning the age or capacity to consent. (9) '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 abase investigator has been unable te locate the child allegedly abused or has determined by a investigation an investigation by an abuse investigator has revealed that there is net substantial some credible evidence that child abuse occurred but there is not sufficient credible evidence to classify that child abuse as confirmed. (11) 'Under investigation' means that eat investigation by a abuac investigator hasnot Dccn compietod out sriflll not extend oeyond lou cloys irorn tne uEtte en6 investigfl" tie began Reserved. (12) 'Unfounded' 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 confirmed and unconfirmed cases of child abuse reported to the division pursuant to Code Section 40-6-183 49-5-183.1 and which shall be known as the 'Child Protective Services Information System.' fe addition the cHvision 9riftH notiiy flny tndividiifli wnose no.me flppectrs m tne registry find provide, ~tn

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 reports of child abuse; and (2) Maintain and produce aggregate statistical data of reported cases of child abuse.
49-5-183.
Code Section 19-7-6 and att cases m which an abuse investigator independently makes a determination that there is reasonable cause te believe a child has been abused shall i&e repoi*ted to trie division upon wie espiier oil

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JOURNAL OF THE HOUSE,

(1) The completion ef- the investigation; of
(V*?*}vv\Av7iiit"iVi>tiini oQtAj Ur] Hrnyi"Ba anifLturrr ttVniuf rroenpfo\rrtt jrrtiuirrnanuncrniti-t w tn wC\untu^co oQunufufiu/^iyrv 1Qj?_~7r-~- Ku rine iririttotfulftL? o"--r *c!ue..
independent determination by the investigator is made.
tion, the investigation by an abuse investigator: (1) Is completed, that investigator shall classify the alleged abuse as 'unfounded,' 'confirmed,' or 'unconfirmed' andr if classified ast (A) 'Unfounded,' the abuse investigator shall net make a report te the division, not withstanding subsection {a} ef this Code section; er (B) 'Confirmed' er 'unconfirmed,' the abuse investigator shall make a report te the division and include such classification; er (2) Is net completed, that abuse investigator shaft make te the division a report which classifies the alleged abuse as 'under investigation'.
(a) An abuse investigator who completes the investigation of a child abuse report made pursuant to Code Section 19-7-5 or otherwise shall make a written report to the DFACS office of any county in which the investigation was conducted. The investigator's report shall classify the child abuse alleged to have been committed by each person in the case as 'confirmed,' 'unconfirmed,' or 'unfounded.' 4e)(b) The report to the diviaion DFACS office made pursuant to subsection (a) of 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 te have committed child abuse, if known; and shown by some credible evidence to be the person who committed the child abuse. If there is equal or greater credible evi dence that the person committed the abuse than the person did not commit the abuse, the person's name shall be listed as a 'confirmed'; otherwise, the person's name shall be listed as an 'unconfirmed'; and (4) A summary of the known details of the child abuse which at a minimum shall con tain 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 ease reported te the division and classified as kinder investigation,' the abuse investigator shall: (1) Classify ouch ease as 'confirmed,' 'unconfirmed,' er 'unfounded'; and (2) If the ease is classified as 'confirmed,' 'unconfirmed,' er 'unfounded,' report saeh classification te the abuse registry.
49-5-183.1. (a) If a DFACS office pursuant to Code Section 49-5-183 receives an abuse investigator's report naming a person as having committed an act of child abuse classified as 'con firmed' or 'unconfirmed' in the report, the person so named shall be deemed to be an alleged child abuser for purposes of this article. (b) A DFACS office which, pursuant to Code Section 49-5-183, receives an investigator's report naming an alleged child abuser shall mail to each alleged child abuser so classi fied in such report a notice regarding such classification. The notice shall further inform such alleged child abuser of such person's right to a hearing and the procedures for obtaining the hearing. The hearing shall be for the purpose of an administrative deter mination regarding whether or not there was sufficient credible evidence of child abuse by the alleged child abuser to justify the investigator's classification of such abuse as 'confirmed' or 'unconfirmed.' In order to exercise such right, the alleged child abuser must file a written request for a hearing with the DFACS office which mailed the hear ing notice within ten days after receipt of such notice. The' vritten request shall contain the alleged child abuser's address and, if the person has a telephone, a telephone num ber at which such person may be notified of the hearing. It shall be a rebuttable pre sumption that any such notice is received five days after deposit in the United States mail.

TUESDAY, JANUARY 24, 1995

173

(c) A DFACS office which receives a timely written request for a hearing under subsec tion (b) of this Code section shall transmit that request to the hearing office within ten days after such receipt. Notwithstanding any other provision of law, the hearing office shall conduct a hearing upon that request as provided in this Code section. That hearing shall be held and a decision rendered within 15 business days following receipt by that hearing office of the request for hearing. The hearing shall be conducted in the county of the DFACS office which transmitted the hearing request to the hearing office. That DFACS office, the investigator whose report and classification created the issues to be determined at such hearing, and the alleged child abuser so classified in that report shall all be notified by mail or by telephone of the time and place of the hearing and be given a reasonable opportunity to be heard on the issues. (d) At the conclusion of the hearing under subsection (c) of this Code section, the hear ing office shall order that the alleged child abuser's name not be included in the abuse registry upon a finding that there is no credible evidence that such individual committed the child abuse alleged; otherwise, the hearing office shall order listing of the alleged child abuser's name on the abuse registry as confirmed if there is equal or greater credi ble evidence that such individual committed the abuse than such individual did not commit the abuse or as unconfirmed if there is some credible evidence that the alleged child abuser committed the alleged child abuse but not enough to classify the individual as confirmed. The general public shall be excluded from hearings of the hearing office held pursuant to this article and the files and records relating thereto shall be confiden tial and not subject to public inspection. (e) Notwithstanding any other provision of law, the decision of the hearing office under subsection (d) of this Code section may be appealed by the alleged child abuser as pro vided in this Code section. The petition for appeal shall be filed within ten days after such decision, but may only be filed with and the decision appealed to the juvenile court of the county where the hearing took place. The procedures for such appeal to the juve nile court shall be substantially the same as those for superior court review of contested cases under Code Section 50-13-19 except that the filing of a petition for judicial review stays the listing of the petitioner's name upon the abuse registry and the juvenile court shall conduct the review and render its decision thereon within ten days following the filing of the petition. The review and records thereof shall be closed to the public and not subject to public inspection. The decision of the juvenile court under this subsection shall not be subject to further appeal or review. (f) The DFACS office which notifies a person of that person's classification as an alleged child abuser and of that person's right to a hearing regarding that classification shall transmit to the division the investigator's report so naming such person unless that office receives a written request for such hearing within the time for making such request under subsection (b) of this Code section. If a timely request for hearing is received, the hearing office shall transmit to the division its decision regarding the clas sification of the alleged child abuser and the investigator's report regarding such individ ual within ten days following that decision unless a petition for judicial review of that decision is filed within the permitted time period. If a timely petition for judicial review is filed within the permitted time period, the juvenile court shall transmit to the division its decision regarding the classification of the alleged child abuser and the investigator's report regarding such individual within ten days following that decision.
49-5-184. (a) The division shall include in the abuse registry the information reported te fc pursu-
receives an investigator's report, hearing office decision, or juvenile court decision which finds credible evidence that an alleged child abuser has committed an act of child abuse which is confirmed or unconfirmed, the division shall include on the abuse registry the name and such classification of the alleged child abuser along with the investigator's report regarding such individual. (b) All identifying information in the abuse registry of cases classified as 'unconfirmed' shall be expunged from the abuse registry within two years after the case is so classified.

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If at ay time a ease becomes rcclassificd as 'unfounded' it sfeaH be immediately expunged from the abuse registry.
court t tne county tflt wiucn trie report wfts mflcrc tor expungemeirt trt ftny timer 1 lie
notice ad is given a reasonable opportunity te be heard, shall fder expungcmcnt upon a finding that there is e reasonable basis f-er the petitioning individual's ae*e te -be
intnincd in the abuse registry fer the statutorily prescribed period. Any person whose name appears in the abuse registry without a hearing having been heIld to determine whether or not there was sufficient credible evidence of child abuse by such person or a reasonable basis to justify such inclusion on the registry is entitledto a hearing for an administrative determination of that issue and whether or not expungement of the name should be ordered. In order to exercise such right, the person must file a written request for a hearing with the DFACS office of any county in which the investigation was conducted which resulted in such person's name being included ]n the abuse regis-
(d) A DFACS office which receives a written request for a hearing by a person entitled to a hearing under subsection (c) of this Cocfe section shall transmit that request to the hearing office within ten days after such receipt. Notwithstanding any other provisions of law, the hearing office shall conduct a hearing as provided in this subsection. A hear ing shall be conducted upon that request within 60 days following its receipt by that hearing office. The procedures and standards for such hearing shall be substantially the same as those for administrative hearings under Code Section 49-5-183.1. Upon a finding that there is no credible evidence that the person who requested the hearing committed the child abuse which was the basis for including such person's name on the abuse regis try, the hearing office shall order the division to expunge that name from the registry; otherwise, the hearing office shall not take any action regarding the inclusion of such person's name on the registry unless the office finds credible evidence of child abuse by such person which justifies a different classification of the named person than the classi fication shown on the registry, in which case the office shall order the appropriate classi fication to be shown by the division on the registry. The general public shall be excluded from such hearings and the files and records relating thereto shall be confidential and not subject to public inspection. (e) Notwithstanding any other provision of law, the decision of the hearing office under subsection (d) of this Code section may be appealed by the person who requested the hearing as provided in this subsection. The appeal shall be filed within 30 days after such decision, but may only be filed with and the decision appealed to the juvenile court of the county where the hearing took place. The procedures for such appeal to the juve nile court shall be substantially the same as those for superior court review of contested cases under Code Section 50-13-19. The review and records thereof shall be closed to the public and not subject to public inspection. The decision of the juvenile court under this subsection shall not be subject to further appeal or review.
49-5-185. (a) Only Except as otherwise provided in subsection (c) of this Code section and subsec tion (b) of Code Section 49-5-186, only an abuse investigator, medical examiner, coroner, or out-of-state abuse investigator which has investigated, or is investigating, a case of possible child abuse shall be provided any information from the abuse registry and shall only be provided information relating to that case for purposes of using that information in such investigation^ except as provided in subsection {b) ef Code Section 40-6-186. (b) The department shall provide the Governor's office, the General Assembly, district attorneys, and law enforcement agencies with a statistical analysis of reported cases from the abuse registry at the end of each calendar year. This analysis shall not include the names of any children, parents, or persons alleged to have committed child abuse. This analysis shall not be protected by any laws prohibiting the dissemination of confidential information. (c) A person may make a written request to any DFACS office to find out whether such person's name is included on the abuse registry. Upon presentation of a passport, mili tary identification card, driver's license, or identification card authorized under Code

TUESDAY, JANUARY 24, 1995

175

Sections 40-5-100 through 40-5-104, the office receiving such request shall disclose to such person whether that person's name is included on the abuse registry and, if so, the county in which the investigation was conducted which resulted in such inclusion.
49-5-186. (a) Information in the abuse registry shall be confidential and access thereto is prohib ited except as provided in this article. Such information shall not be deemed to be a record of child abuse for purposes of Article 2 of this chapter. (b) Information obtained from the abuse registry may not be made a part of any record which is open to the public except that a district attorney may use in any court proceed ing asA make public that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse if such information is otherwise admissible. (c) Any person who knowingly provides from the abuse registry any information to a person not authorized to be provided that information under this article, shall be guilty of a misdemeanor. (d) Any person who knowingly and under false pretense obtains or attempts to obtain information which was obtained from the abuse registry except as authorized in this article shall be guilty of a misdemeanor.
49-5-187. The department^ each DFACS office, and employees thereof providing information from the abuse registry as authorized by this article and any person who uses such informa tion from the abuse registry as authorized by this article shall have no civil or criminal liability therefor."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Poston of the 3rd moves to amend the Committee substitute to HB 155 as follows:
Page 7, line 20 - between "hearing" and the period add the following:
", however, upon petition by the prosecuting attorney in the county or judicial circuit, said abuse registry hearing shall be delayed and continued until the final disposition of any criminal investigation, warrant, accusation or indictment which involves the same child as is the subject of the abuse registry matter".

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

N Ashe N Bailey
N Baker
Y Bannister
N Barioot N Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T N Brown, G N Brown, J N Brush

E Buck N Buckner
N Bunn
N Burkhalter
N Byrd N Campbell N Canty N Carter N Chambless E Channell N Childers N Coker N Coleman, B N Coleman, T N Connell N Cox N Crawrord N Crews N Culbreth

N Cummings N Davis, G
Y Davis, M
N Day
N DeLoach, B N DeLoach, G N Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Falls N Felton N Floyd N Godbee N Golden Y Goodwin

N Greene Y Grindley
N Manner
N Harbin
N Harris N Hart N Heard N Heckstall N Hegstrom N Hemuree N Henson Y Holland N Holmes N Howard N Hudson N Hugley Y Irvin N James Y Jamieson

N Jenkins Y Johnson, G
N Johnson, J
N Johnston
N Jones N Joyce N Kaye N Kinnamon Y Klein N Ladd Y Lakly N Lane Y Lawrence N Lee N Lewis Y Lifsey N Lord N Lucas Y Maddox

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JOURNAL OF THE HOUSE,

N Mann N Martin N McBee N McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote

N Perry Y Pinholster 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 Rogers N Royal N Sanders

N Sauder N Scoggins
N Shanahan NShaw N Sherrill
N Shipp N Simpson N Sinkiield
N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W
N Smyre

N Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Street N Taylor N Teague N Teper N Thomas
Tillman N Titus N Towery
N Trense

On the adoption of the amendment, the ayes were 24, nays 150. The amendment was lost.

N Turnquest N Twiggs
Walker, L N Walker, R.L Y Wall
N Watson N Watts N Westmorland N Whitaker N White N Wiles Y Williams, B N Williams, J N Williams, R
N Woods N Yates
Murphy, Spkr

The following amendment was read:
Representative Bunn of the 74th moves to amend the Committee substitute to HB 155 as follows: P. 3 line 36 after the words "minor" add the words "above the age of consent".

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

N Ashe N Bailey N Baker N Bannister N Bartoot N Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong
N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks. T N Brown, G Y Brown, J Y Brush EBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
Y Canty N Carter N Chambless E Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox N Crawt'ord

Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M
N Day N DeLoach, B N DeLoach, G
YDix Dixon, H
N Dixon, S Y Dobbs Y Ehrhart
N Epps Y Evans Y Falls N Felton
N Floyd N Godbee N Golden Y Goodwin
N Greene Y Grindley N Manner Y Harbin
Y Harris N Hart N Heard Y Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J
Y Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein Y Ladd Y Lakly
NLane Y Lawrence
NLee Y Lewis
Y Lifsey N Lord
Lucas Y Maddox
YMann N Martin
N McBee N McCall
McClinton McKinney
Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal
N Orrock

N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster N Polak N Porter
Poston N Powell N Purcell, A N Purcell, B
N Randall N Randolph NRay N Reaves N Reichert Y Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill
Y Shipp N Simpson N Sinkiield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 59, nays 111. The amendment was lost.

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
N Stanley, P N Stephenson N Streat N Taylor
N Teague N Teper N Thomas
Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs
Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

TUESDAY, JANUARY 24, 1995

177

The following amendment was read and withdrawn:

Representative Poston of the 3rd moves to amend the Committee substitute to HB 155 as follows:
P. 9 line 42 after "office" add:
", however, upon petition by the prosecuting attorney in the county or judicial circuit, said abuse registry hearing shall be delayed and continued until the final disposition of any criminal investigation, warrant, accusation or indictment which involves the same child as the subject of the abuse registry matter".

The following amendment was read and withdrawn:

Representative Walker of the 87th moves to amend the Committee substitute to HB 155 as follows:
Amend HB 155 by striking lines 27-32 of page 2.

The Committee substitute was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush
EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
Y Carter Y Chambless
E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden
Y Goodwin Y Greene Y Grindley
Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrora Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
Y Lane Y Lawrence
Y Lee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee
Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster
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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield
Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V

On the passage of the Bill, by substitute, the ayes were 171, nays

Y Smith, W
Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

178

JOURNAL OF THE HOUSE,

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

Representative Tillman of the 173rd stated that he was in a meeting with constituents on the preceding roll call. He would like to be recorded as voting "aye" thereon.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Indus try.

HB 326. By Representative Skipper of the 137th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions applicable to professions and businesses, so as to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Special Judiciary.

HB 318. By Representatives Randall of the 127th, Childers of the 13th and Jones of the 71st:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for definitions; to provide for criminal record checks for employment applicants for nursing homes.

The following Resolutions of the House were read and adopted:

HR 121. By Representatives Lucas of the 124th, Lee of the 94th, Davis of the 48th and Sherrill of the 62nd:
A resolution acknowledging the contributions of Senior Georgians and estab lishing the week of February 14-16, 1995, as Senior Week at the Capitol.

HR 124. By Representatives Johnson of the 97th, Benefield of the 96th, Bailey of the 93rd and Lee of the 94th:
A resolution commending Lovejoy High School.

HR 125. By Representative Mobley of the 86th: A resolution commending Mrs. Sue Lane.

HR 126. By Representatives Epps of the 131st, Brown of the 130th, Smith of the 102nd, Holland of the 157th, Heard of the 89th and others:
A resolution commending Lee Johnson as the 1995 Georgia Artist of the Year.

HR 127. By Representatives Epps of the 131st, Brown of the 130th, Smith of the 102nd, Holland of the 157th, Heard of the 89th and others:
A resolution commending the Georgia Citizens for the Arts.

TUESDAY, JANUARY 24, 1995

179

HR 128. By Representative Barnard of the 154th: A resolution commending Glennville Elementary School.

HR 129. By Representatives Johnson of the 97th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A resolution commending the Clayton County School system.

HR 130. By Representatives Johnson of the 97th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A resolution commending Lovejoy Middle School.

HR 131. By Representatives Johnson of the 97th, Lee of the 94th, Bailey of the 93rd and Benefield of the 96th:
A resolution commending Pointe South Elementary School.

HR 132. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Bunn of the 74th, Heckstall of the 55th and others:
A resolution commending the Department of Veterans Affairs' national salute to hospitalized veterans.

HR 133. By Representatives Smith of the 169th and Smith of the 175th:
A resolution commending the Charlton County Volunteer Fire Department and its special crew of "First Responders".

HR 134. By Representatives Smith of the 169th and Smith of the 175th:
A resolution commending the Charlton County Volunteer Fire Department and its special crew of "First Responders".

HR 135. By Representatives Smith of the 169th and Smith of the 175th: A resolution commending the Charlton County Emergency Medical Service.

HR 136. By Representatives Smith of the 169th and Smith of the 175th: A resolution commending the Charlton County Emergency Medical Service.

HR 137. By Representative Hudson of the 156th: A resolution recognizing and commending Lee Heidel.

HR 138. By Representatives Yates of the 106th and Sanders of the 107th: A resolution recognizing and commending Brandie Rucks.

HR 139. By Representative Parrish of the 144th: A resolution recognizing and commending Jill Stephens.

HR 140. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A resolution recognizing and commending Maria Vickers.

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JOURNAL OF THE HOUSE,

HR 141. By Representatives Ray of the 128th, Watson of the 139th, Floyd of the 138th and Walker of the 141st:
A resolution commending Julian Harris.

HR 142. By Representatives Simpson of the 101st and Stallings of the 100th: A resolution recognizing and commending Carlton Webb.

HR 143. By Representatives Simpson of the 101st and Stallings of the 100th: A resolution recognizing and commending Brandon Marlow.

HR 144. By Representative Barnard of the 154th: A resolution recognizing and commending Brad Love.

HR 145. By Representatives Titus of the 180th, Bates of the 179th and Reaves of the 178th:
A resolution recognizing and commending VaShaun Harper.

HR 146. By Representative Scoggins of the 24th: A resolution recognizing and commending Erin Gilbert.

HR 147. By Representatives Yates of the 106th and Sanders of the 107th: A resolution recognizing and commending Brandie Rucks.

HR 148. By Representatives Godbee of the 145th and Lane of the 146th: A resolution recognizing and commending Rachael Martin.

HR 149. By Representative Stancil of the 91st: A resolution recognizing and commending Jennifer Stancil.

HR 150. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution expressing condolences on the passing of Todd Gordon Foust.

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

HR 151. By Representatives Epps of the 131st, Brown of the 130th, Smith of the 102nd, Holland of the 157th, Heard of the 89th and others:
A resolution commending Lee Johnson as the 1995 Georgia Artist of the Year and inviting him to appear before the House of Representatives.

HR 152. By Representative Twiggs of the 8th:
A resolution commending Colonel Russell Baker and inviting him to appear before the House of Representatives.

TUESDAY, JANUARY 24, 1995

181

HR 153. By Representatives Rogers of the 20th, Twiggs of the 8th, Carter of the 166th and Hanner of the 159th:
A resolution commending Corporal Arvid J. Edwards and inviting him to appear before the House of Representatives.

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 200 Do Pass HB 274 Do Pass HB 277 Do Pass, as Amended
Respectfully submitted, /s/ Carter of the 166th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 114 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

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Representative Hall, Atlanta, Georgia Wednesday, January 25, 1995

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 Bannister Barfoot Bargeron Barnard
Barnes
Bates Benefield
Birdsong Bordeaux Bostick Breedlove
Brooks, D
Brooks, T
Brown, J Buck Bunn Campbell
Canty Carter Chambless Childers Coker Coleman, B Connell Cox Crawford
Crews Culbreth
Cummings Davis, M

Day DeLoach, B DeLoach, G Dix Dixon, H Dixon,S
Dobbs Ehrhart
Epps Evans Falls
Felton Floyd Godbee Golden
Goodwin Greene Grindley Hanner
Harbin
Harris Hart
Heard Heckstall Hegstrom Hembree Holland Holmes Howard Hudson Hugley

Irvin
James Jamieson Jenkins Johnson, G
Johnson,J Johnston Jones Joyce
Kaye
Kinnamon Klein Ladd Lakly
Lane Lawrence Lee Lewis Lifsey Lord Maddox
Mann
Martin
McBee McCall
McClinton McKinney Mills Mobley, B Mobley, J Mosley

Mueller O'Neal Par ham Parsons Pelote Perry
Pinholster Porter Poston Powell Purcell, A Purcell, B Randall Randolph Reaves Reichert Rogers Royal Sanders Sauder
Scoggins Shanahan Shaw Sherrill Shipp
Simpson
Skipper Smith, C Smith, C.W Smith, L Smith, P

Smith, T Smith, V Smith, W Stallings Stancil, F Stancil, S Stephenson
Streat Taylor Teague Teper Thomas Tillman Titus
Towery
Trense Walker, L Walker, R.L Wall Watson Watts Westmoreland Whitaker
White Wiles Williams, B Williams, J Williams, R Woods Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Burkhalter of the 41st, Roberts of the 162nd, Parrish of the 144th, Coleman of the 142nd, Stanley of the 50th, Snelling of the 99th, Baker of the 70th, Henson of the 65th, Orrock of the 56th, Buckner of the 95th, Lucas of the 124th, Davis of the 48th, Twiggs of the 8th, Turnquest of the 73rd, Polak of the 67th, Smyre of the 136th and Byrd of the 170th.
They wish to be recorded as present.

Prayer was offered by Dr. Vaughn J. Warthen, Jr., Pastor, Vidalia Presbyterian Church, Vidalia, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

WEDNESDAY, JANUARY 25, 1995

183

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

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

HB 22. By Representative Kaye of the 37th:
A bill to amend Article 6 of Chapter 2 of the Official Code of Georgia Anno tated, the "Quality Basic Education Act," so as to provide an alternative method of calculating the local fair share for certain county and independent school systems in certain circumstances.
Referred to the Committee on Education.

HB 367. By Representative Childers of the 13th:
A bill to amend Code Section 34-8-194 of the Official Code of Georgia Anno tated, relating to the grounds for disqualification of unemployment compen sation benefits, so as to provide that terminal leave pay, severance pay, separation pay, or dismissal payments or wages paid to an employee as an incentive for early retirement shall not affect entitlement to unemployment compensation.
Referred to the Committee on Industrial Relations.

HB 368. By Representatives Childers of the 13th, Kinnamon of the 4th, Smith of the 12th and Shanahan of the 10th:
A bill to amend Chapter 3 of Title 24 of the Official Code of Georgia Anno tated, relating to hearsay, so as to provide for hearsay statements by certain incompetent persons regarding acts of sexual contact or physical abuse per formed with or upon such persons.
Referred to the Committee on Judiciary.

HB 369. By Representatives McBee of the 88th, Ashe of the 46th, Trense of the 44th, Brooks of the 103rd, Felton of the 43rd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers issuing individual and group acci dent and sickness policies shall be required to make available coverage for bone marrow transplants for treatment of breast cancer; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to require any health insur ance plan for state employees to make available coverage for bone marrow transplants for treatment of breast cancer.
Referred to the Committee on Insurance.

184

JOURNAL OF THE HOUSE,

HB 370. By Representatives Polak of the 67th, Henson of the 65th, Baker of the 70th, Davis of the 60th, O'Neal of the 75th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to change the adjusted ad valorem tax millage rate for district services for each special district.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 371. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act making provisions for the judge of the Probate Court of Decatur County, so as to provide for the nonpartisan election of the judge of the probate court without a prior nonpartisan primary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 372. 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 compensation of the chairperson and members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 373. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Decatur County, so as to provide for the nonpartisan election of the members of the board of education without a prior nonpartisan primary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 374. By Representatives Ashe of the 46th, Scoggins of the 24th, McBee of the 88th, Hegstrom of the 66th, Stanley of the 49th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to amend Code Section 3-1-2, relating to defini tions, so as to add the definition of the term "brewpub"; to amend Code Sec tion 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, so as to provide for an occupational license tax for brewpub own ers.
Referred to the Committee on Regulated Beverages.

HB 375. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Anno tated, known as the "Insurance Premium Finance Company Act," so as to 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.
Referred to the Committee on Insurance.

WEDNESDAY, JANUARY 25, 1995

185

HB 376. By Representatives Stancil of the 16th, Smith of the 12th, Pinholster of the 15th, Perry of the llth, Shanahan of the 10th and others:
A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to prohibit the funding of certain roads and corridors until after the completion of the developmental highway system.
Referred to the Committee on Transportation.

HB 377. By Representatives Towery of the 30th, Coker of the 31st, Trense of the 44th, Davis of the 48th, Pelote of the 149th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, so as to provide for a short title; to increase the mini mum periods of incarceration for cruelty to children, child molestation, and aggravated child molestation.
Referred to the Committee on Public Safety.

HB 378. By Representatives Ehrhart of the 36th, Davis of the 60th, Mills of the 21st, Crews of the 78th, Wiles of the 34th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia.
Referred to the Committee on Rules.

HB 379. By Representatives Powell of the 23rd, Parham of the 122nd, Bostick of the 165th, Dobbs of the 92nd, Watts of the 26th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for optional staggered motor vehicle registration over either a four-month or a 12 month period; to change certain licensing and registration deadlines.
Referred to the Committee on Motor Vehicles.

HB 380. By Representatives Powell of the 23rd, Hudson of the 156th, Floyd of the 138th, Porter of the 143rd, Parham of the 122nd and others:
A bill to amend Article 1 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Firemen's Pension Fund, so as to expand the scope of fire fighters eligible to become members of the fund; to change a certain definition; to repeal Code Section 47-7-2, relating to the purpose of the fund.
Referred to the Committee on Retirement.

HB 381. By Representatives Hegstrom of the 66th, Stanley of the 50th, Harris of the 17th and Walker of the 141st:
A bill to amend Code Section 44-7-50 of the Official Code of Georgia Anno tated, relating to demand for possession of property, so as to define a tenant at sufferance of the tenant; to provide that dispossessory proceedings may be brought against a tenant at sufferance.
Referred to the Committee on Judiciary.

186

JOURNAL OF THE HOUSE,

HB 382. By Representatives Ashe of the 46th, Culbreth of the 132nd, Williams of the 114th, Towery of the 30th, Heard of the 89th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to permit the Georgia Housing and Finance Authority to contract with the State Personnel Board for the participation of authority employees in the state employees' health insurance plan.
Referred to the Committee on Insurance.

HB 383. By Representatives Mosley of the 171st, Byrd of the 170th, Walker of the 141st, Smith of the 169th, Coleman of the 142nd and others:
A bill to amend Part 1 of Article 11 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to powers of local school boards relative to public school property and facilities, so as to provide for definitions; to provide for certain provisions in contracts with architects or other licensed individuals or entities for public school buildings.
Referred to the Committee on Education.

HB 384. By Representative Brown of the 117th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to provide for an additional exemption for sales to or use by certain organizations which are exempt from state income taxation and which receive a certain amount of public funds.
Referred to the Committee on Ways & Means.

HB 385. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, as amended, so as to provide for the election of members of the board of education; to provide for education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 386. By Representative Greene of the 158th:
A bill to amend an Act which repealed the charter of the City of Omaha and abolished the city, so as to provide for the disposition of the assets and lia bilities, causes of action, accounts, and real and personal property of the City of Omaha.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 387. By Representatives Teague of the 58th, McKinney of the 51st, Thomas of the 148th, Mobley of the 69th and Holmes of the 53rd:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Anno tated, relating to labor practices for state employees, so as to prohibit waiver of certain overtime compensation as a condition of state employment; to pro hibit required waiver of certain overtime compensation in advance of working overtime hours.
Referred to the Committee on State Planning & Community Affairs.

WEDNESDAY, JANUARY 25, 1995

187

HB 388. By Representative Holmes of the 53rd:
A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous waste, so as to change requirements for the reporting of hazardous waste reduction plans; to define terms; to expand uses of the hazardous waste trust fund; to create a community loan program to assist communities in monitoring and reducing their hazardous waste.
Referred to the Committee on Natural Resources & Environment.
HB 389. By Representatives Bordeaux of the 151st and Smith of the 175th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, so as to provide that the Coastal Marshlands Protection Committee shall be authorized to approve the lease of state-owned marshland or water bottoms for marinas or docks providing over 500 linear feet of dock space.
Referred to the Committee on Natural Resources & Environment.
HB 390. By Representatives Holmes of the 53rd, McKinney of the 51st, Davis of the 48th, Canty of the 52nd, Stanley of the 50th and others:
A bill to amend Part 1 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to general provisions relative to housing authorities, so as to provide for immunity from personal liability for commis sioners, officers, and employees of housing authorities.
Referred to the Committee on Judiciary.
HB 391. By Representatives Howard of the 118th, Williams of the 114th, Brush of the 112th and James of the 140th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to prohibit the disturbance of marked graves in private graveyards by public or private development; to provide that any per son acquiring real property which contains a private graveyard shall be pro hibited from developing that portion of such real property.
Referred to the Committee on Judiciary.

HB 392. By Representatives Mueller of the 152nd, Watts of the 26th, Lee of the 94th, Barnes of the 33rd, Joyce of the 1st and others:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against health and morals, so as to provide for a short title; to provide for definitions; to require that a female give her informed consent prior to an abortion.
Referred to the Committee on Judiciary.

HB 393. By Representative Twiggs of the 8th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to creditable service in the Employees' Retirement System of Georgia for certain military service for persons who became members of such retirement system prior to July 1, 1982, so as to provide that persons other wise eligible to receive creditable service for military service during the Vietnam Conflict may do so by making application prior to December 31, 1996.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE,

HB 394. By Representatives Sinkfield of the 57th, Orrock of the 56th and Davis of the 48th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Man agement Act," so as to provide limits upon the numbers of solid waste facili ties which may be permitted within any given area of the state.
Referred to the Committee on Natural Resources & Environment.

HB 395. By Representative Connell of the 115th:
A bill to amend Code Section 43-26-38 of the Official Code of Georgia Anno tated, relating to license to practice as a licensed practical nurse by endorse ment and temporary permits for qualified applicants, so as to change the provisions relating to the requirements for licensure applicable to persons from other states or territories of the United States in cases where an appli cant has graduated from an approved program within one year of the date of application or was initially licensed within one year of the date of applica tion.
Referred to the Committee on Health & Ecology.

HB 396. By Representatives McClinton of the 68th, Baker of the 70th, McKinney of the 51st, Teper of the 61st, Mobley of the 69th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to provide that one resident of that portion of DeKalb County which lies within the City of Atlanta shall serve as a regular member of the library board of trustees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 397. By Representatives Royal of the 164th, Bates of the 179th, Titus of the 180th and Cox of the 160th:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Anno tated, relating to definitions regarding state health planning, so as to include in certain definitions dialysis services and certain kidney disease treatment centers.
Referred to the Committee on Health & Ecology.

HR 154. By Representatives Ehrhart of the 36th, Wiles of the 34th, Breedlove of the 85th, Davis of the 60th and Mann of the 5th:
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 discrimi nating against or granting preferential treatment to any individual or group in the operation of the state's system of public employment, public educa tion, or public contracting.
Referred to the Committee on Judiciary.

HR 155. 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.
Referred to the Committee on State Institutions & Property.

WEDNESDAY, JANUARY 25, 1995

189

HR 156. By Representatives Twiggs of the 8th, Jamieson of the 22nd and Watts of the 26th:
A resolution designating the Blairsville Sorghum Festival as the Official Sor ghum Festival of the State of Georgia.
Referred to the Committee on State Institutions & Property.

HR 157. By Representatives Brown of the 117th, Holmes of the 53rd, Davis of the 48th, McKinney of the 51st and Hart of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties or municipalities.
Referred to the Committee on State Planning & Community Affairs.

HR 158. By Representatives Rogers of the 20th, Benefield of the 96th, Stephenson of the 25th, Twiggs of the 8th, Jamieson of the 22nd and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by general law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for capital outlay projects for educational purposes.
Referred to the Committee on Ways & Means.

HR 159. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A resolution consenting to the annexation of certain state owned real prop erty located in Floyd County into the corporate limits of the City of Cave Spring.
Referred to the Committee on State Institutions & Property.

HR 160. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution designating that portion of State Highway 333 that extends from the city limits of Quitman, Georgia, to the Okapilco Creek Bridge as the M.L. King Drive.
Referred to the Committee on Transportation.

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

HB 365 HB 366

HR 122 HR 123

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

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

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JOURNAL OF THE HOUSE,

HR 21 Do Pass HR 49 Do Pass, as Amended

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 294 Do Pass HB 302 Do Pass HB 303 Do Pass

HB 307 Do Pass HB 317 Do Pass HB 322 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 294. By Representative Brooks of the 103rd:
A bill to amend an Act providing for the election of members of the board of education of Heard County, so as to provide for nonpartisan primaries and elections for members of the board of education of Heard County.

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

HB 302. By Representative Smith of the 109th:
A bill to amend the "Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act," so as to change the provisions relating to bond maturities.

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

HB 307. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to abolish the office of treasurer of Henry County; to provide for the transfer of powers, duties, and authority of such office and the delivery of all money, books, papers, and property of such office to the governing authority of Henry County.

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

WEDNESDAY, JANUARY 25, 1995

191

HB 317. By Representatives Skipper of the 137th and Smith of the 102nd:
A bill to amend an Act reconstituting the Board of Education of Talbot County and providing for its powers, duties, rights, obligations, and liabili ties, so as to provide for the compensation of members of the board of educa tion.

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

HB 322. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend an Act providing for the Clarke County School District, so as to change the compensation and expenses of the members of the Board of Education of Clarke County.

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

HB 303. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county 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 previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe
Y Bailey Baker
Y Bannister Barfoot
Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell

Y Childers
Y Coker Y Coleman, B
Coleman. T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene

Y Grindley
Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly

Y Lane
Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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
Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

192

JOURNAL OF THE HOUSE,

Smyre
Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L

Stanley, P
Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas

Y Tillman
Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L

Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White

Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 160, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth and oth ers:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Anno tated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipeline companies; to provide for legislative findings; to pro vide for definitions; to provide for conditions and restrictions on the use of eminent domain by petroleum pipelines.
The Senate has passed by the requisite constitutional majority the following Bill of the House:

HB 123. By Representative Barnard of the 154th:
A bill to create the Tattnall County Board of Elections and provide that it will succeed to the powers and duties of the election superintendent.

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

SR 18. By Senator Dean of the 31st:
A resolution commending the Henry Tumlin family regarding the Etowah Mounds State Historic Site and authorizing the Georgia Department of Nat ural Resources to erect and maintain a suitable commemorative marker.

SR 76. By Senators Perdue of the 18th, Hill of the 4th, Turner of the 8th and oth ers:
A resolution commending the Board of Regents of the University System of Georgia and the Board of Technical and Adult Education for their efforts in forging a bridge between the technical institutes and the university system so that students can use both to meet their personal educational goals.

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

WEDNESDAY, JANUARY 25, 1995

193

SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth and oth ers:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Anno tated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipeline companies; to provide for legislative findings; to pro vide for definitions; to provide for conditions and restrictions on the use of eminent domain by petroleum pipelines.
Referred to the Committee on Judiciary.

SR 18. By Senator Dean of the 31st:
A resolution commending the Henry Tumlin family regarding the Etowah Mounds State Historic Site and authorizing the Georgia Department of Nat ural Resources to erect and maintain a suitable commemorative marker.
Referred to the Committee on Natural Resources & Environment.

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

HR 114. By Representative Hanner of the 159th:
A resolution commending the Terrell Academy Eagle football team and invit ing the team to appear before the House of Representatives.

HR 89. By Representatives Stancil of the 91st, McBee of the 88th, Coleman of the 142nd and Reaves of the 178th:
A resolution commending exceptional members of 4-H and inviting them to appear before the House of Representatives and recognizing the observance of 4-H Day at the state Capitol.

Representative Snelling of the 99th arose to a point of personal privilege and addressed the House.

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

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

HB 163. By Representatives Greene of the 158th, Reaves of the 178th, Ray of the 128th, Pinholster of the 15th, Crawford of the 129th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the maximum charges for handling and selling leaf tobacco by warehousemen.

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:

194

JOURNAL OF THE HOUSE,

Y Ashe Bailey Baker
Y Bannister Y Bart'oot N Bargeron Y Barnard
N Barnes
Bates Benefield Y Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G
Y Brown, J
Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless E Channel! N Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Cox Y Crawford

Y Crews Y Culbreth
Cummings Y Davis, G N Davis, M Y Day N DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S N Dobbs
Y Ehrhart Y Epps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden
Y Goodwin Y Greene Y Grindley
Hanner Y Harbin
Y Harris
Y Hart Y Heard Y Heckstall
Y Hegstrom Hembree
Y Henson Y Holland
Y Holmes Y Howard N Hudson

Y Hugley Y Irvin Y James
Jamieson N Jenkins Y Johnson, G
Johnson, J N Johnston
Jones N Joyce N Kaye
Kinnamon
Y Klein
NLadd N Lakly YLane
Y Lawrence
NLee N Lewis N Lifsey Y Lord Y Lucas N Maddox
Mann N Martin
Y McBee Y McCall Y McClinton
N McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
N Orrock

Y Parham
Y Parrish Y Parsons Y Pelote N Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins N Shanahan YShaw Y Sherrill Y Shipp
Y Simpson
N Sinki'ield Y Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre
Snelling Y Snow
Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor Y Teague Y Teper N Thomas Y Tillman Y Titus
Y Towery
Y Trense
N Turnquest
Y Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson
Watts N Westmorland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 126, nays 32. The Bill, having received the requisite constitutional majority, was passed.

HB 171. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Stancil of the 91st and Cummings of the 27th:
A bill to amend Code Section 47-3-68 of the Official Code of Georgia Anno tated, relating to membership of certain eligible employees of the University System of Georgia in the Teachers Retirement System of Georgia, so as to provide that such employees may opt to become members of the regents retirement plan within 60 days of employment.

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 Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates
Benefield
Y Birdsong Y Bordeaux
Y Bostick
Y Breedlove Y Brooks, D
Y Brooks, T

Brown, G Y Brown, J Y Brush Y Buck Y Buckner
Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty
Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B

Y Coleman, T Connell Cox
Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs

Y Ehvhart
YEpps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard

Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston

WEDNESDAY, JANUARY 25, 1995

195

Jones Y Joyce Y Kaye
Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
Y Mann
Y Martin
Y McBee Y McCall Y McClinton

Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley
Y Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw
Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W Y Smyre
Snelling Y Snow Y Stalling Y Stancil, F Y Stancil, S
Stanley, L
Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman

Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J
Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 172. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th, Stancil of the 91st and Cummings of the 27th:
A bill to amend Code Section 47-21-3 of the Official Code of Georgia Anno tated, relating to the establishment and administration of an optional retire ment plan for certain employees of the University System of Georgia, so as to provide that the board of trustees of such plan shall be authorized to pur chase shares in one or more mutual funds.

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot
Y Bargeron
Y Barnard
Y Barnes Y Bates
Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T
Brown, G
Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B

Y Coleman, T Y Connell
Cox Y Crawford Y Crews Y Culbreth
Y Cummings
Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Palls Y Felton Y Floyd Y Godbee
Y Golden Y Goodwin Y Greene Y Grindley
Hanner
Y Harbin
Y Harris
Hart
Y Heard

Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley
Y Irvin
Y James Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon Y Klein YLadd
Y Lakly
YLane
Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann

Y Martin Y McBee Y McCall Y McClinton
Y McKinney
Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham
Y Parrish
Y Parsons Y Pelote
Y Perry
Y Pinholster 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 Rogers Y Royal

Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre
Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman

196
Y Titus Y Towery Y Trense Y Turnquest

JOURNAL OF THE HOUSE,

Twiggs Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts Y Westmorland Y Whitaker

Y White Y Wiles
Y Williams, B
Y Williams, J

Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 197. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.

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

Y Ashe Bailey
Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck
Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell
Cox
Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris
YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye
Kinnamon Y Klein
YLadd Y Lakly YLane
Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre
Snelh'ng YSnow Y Stallings
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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, JANUARY 25, 1995

197

HB 198. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend Code Section 15-16-27 of the Official Code of Georgia Anno tated, relating to deposit by sheriff in certain counties of cash bonds and reserves of professional bondspersons in interest-bearing accounts and dispo sition of interest, so as to change certain internal cross-references.

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 Bailey
Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard
Y Barnes Y Bates
Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T Brown, G
Y Brown, J
Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter
Y Chambless E Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth
Y Cummings Davis, G
Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W Y Smyre
Snetling YSnow Y Stallings
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague YTeper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was

Dear Mr. Clerk,
January 25, 1995
"I missed the votes on HB 163, HB 171, HB 172, HB 197 and HB 198. These votes took place between 10:30 and 12:00 today at which time I was absent due to providing constitu ent service for Gordon Foust in the aftermath of his son's tragic death. We were in meet ings with the press and the Governor."
/s/ Bob Representative Bob Snelling 99th District

198

JOURNAL OF THE HOUSE,

HB 199. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd, Cox of the 160th, Crawford of the 129th and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of mat ters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated.

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

Y Ashe Bailey
Y Baker Y Bannister Y Barioot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y.Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinklield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 278. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated.

WEDNESDAY, JANUARY 25, 1995

199

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 Bailey
Y Baker Y Bannister Y Barfoot Y Bargerun Y Barnard
Y Barnes Y Bates Y Benefield Y Btrdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck
Y Buckner Y Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Y Chambless E Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock

Y Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins
Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W
Y Smyre Y Snelling YSnow Y Stallings
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 Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts
Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 167, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 136. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Chapter 20 of Title 47 of the Official Code of Georgia Anno tated, the "Public Retirement Systems Standard Law," so as to require an actuarial investigation for cost reduction amendments to fiscal retirement bills; to change a certain reference relating to the requirement of an actuarial study.

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 Bailey
Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux
Bostick Breedlove Y Brooks, D Y Brooks, T Brown, G Y Brown, J

Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter

Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix

200

JOURNAL OF THE HOUSE,

Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans
Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Manner Y Harbin
Y Harris YHart Y Heard Y Heckstall Y Hegstrom
Hembree
Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall

Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins
Shanahan
YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkiield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling Y Snow Y Stallings
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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 169, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 137. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the Employees' Retirement System of Georgia shall administer the Superior Court Judges Retirement Fund of Georgia, the Superior Court Judges Retirement System, the District Attorneys Retirement Fund of Georgia, and the District Attorneys' Retire ment System.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 142, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 125. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Holland of the 157th and Greene of the 158th:
A bill to amend Article 3 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to pro vide for clarification of the rights and powers of cooperative market associa tions and their boards of directors.

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 Bailey
Y Baker Y Bannister

Y Barfoot Y Bargeron Y Barnard Y Barnes

Y Bates Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove
Brooks, D Y Brooks, T

Brown, G Y Brown, J Y Brush Y Buck

WEDNESDAY, JANUARY 25, 1995

201

Y Buckner Y Bunn Y Burkhalter
YByrd
Y Campbell
Y Canty
Y Carter
Y Chambless
E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Cox Y Crawford
Y Crews Y Culbreth
Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans
Y Falls

Y FeltTM
Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon

Klein
YLadd Y Lakly
Lane
Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
Y Mann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal
Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow

Y Stallings 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 Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Holland of the 157th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

House of Representatives Legislative Office Building, Room 604
Atlanta, Goergia 30334
February 7, 1995
Honorable Robert E. Rivers Clerk House of Representatives State Capitol, Room 307 Atlanta, Georgia 30334
Dear Mr. Clerk:
Representative Bill Hembree was called from the House floor on Wednesday, January 25, 1995. Representative Hembree left the House floor to attend a meeting with Governor Miller, Mr. and Mrs. Gordon Foust and members of the Douglas County Delegation.
Sincerely, /s/ Bill Hembree
BH/sk

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

HR 162. By Representative Connell of the 115th: A resolution commending George Lionel Zurnbro, Jr., M.D.

202

JOURNAL OF THE HOUSE,

HR 163. By Representatives McCall of the 90th, Powell of the 23rd, Cox of the 160th, Royal of the 164th, Stephenson of the 25th and others:
A resolution recognizing "Health Care for Rural and Underserved Georgians Day".

HR 164. By Representatives Ray of the 128th and James of the 140th: A resolution commending Mr. William R. "Billy" Joyner.

HR 165. By Representatives Felton of the 43rd, Williams of the 63rd, Trense of the 44th, Falls of the 125th, Day of the 153rd and others:
A resolution recommending a collaborative effort to improve the character of Georgia's youth.

HR 166. By Representatives Sauder of the 29th, Shipp of the 38th, Woods of the 32nd, Wiles of the 34th, Parsons of the 40th and others:
A resolution commending Nelson Lewis Lee.

HR 167. By Representatives Buckner of the 95th, Benefield of the 96th, Bailey of the 93rd and Lee of the 94th:
A resolution recognizing and commending Lois Collins.

HR 168. By Representative Rogers of the 20th: A resolution commending Joe S. Hatfield.

HR 169. By Representatives Twiggs of the 8th and Purcell of the 9th: A resolution commending Joe S. Hatfield.

SR 76. By Senators Perdue of the 18th, Hill of the 4th, Turner of the 8th and oth ers:
A resolution commending the Board of Regents of the University System of Georgia and the Board of Technical and Adult Education for their efforts in forging a bridge between the technical institutes and the university system so that students can use both to meet their personal educational goals.

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 128 Do Pass HB 141 Do Pass, as Amended
Respectfully submitted, /s/ Godbee of the 145th
Chairman

WEDNESDAY, JANUARY 25, 1995

203

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.

204

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 26, 1995

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 Bannister Barfoot Bargeron Barnard
Barnes
Bates Benefield Birdsong
Bordeaux
Bostick Breedlove Brooks, D Brooks, T Brown, G Brown, J Brush Buck Bunn Burkhalter Campbell Canty Carter Childers Coker
Coleman, B Connell Cox
Crawford
Crews Culbreth Cummings

Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Ehrhart Epps Evans Falls Felton Floyd Godbee Golden
Goodwin
Greene Grindley Harbin
Harris
Heard
Hecks tall
Hegstrom
Hembree
Henson
Holland
Howard
Hudson
Hugley
Irvin
James

Jamieson Jenkins Johnson, G Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis
Lifsey
Lord Maddox
Mann
Martin
McBee
McCall
McClinton
McKinney
Mills Mobley, B Mobley, J Mosley
Mueller
O'Neal
Par ham

Parrish
Parsons Pelote Perry Polak Porter Poston Powell Purcell, A
Purcell, B Randolph Reaves Reichert Roberts Rogers Royal Sanders Sauder Scoggins
Shanahan
Shaw
Sherrill
Shipp
Simpson
Skipper
Smith, C
Smith, C.W Smith, L
Smith, P
Smith, T
Smith, V

Smith, W Snelling Snow Stallings Stand!, F Stancil, S Stanley, L Stephenson Streat Taylor Teper Thomas Tillman Titus Trense
Turnquest Walker, L
Walker, R.L Wall
Watson
Watts
Westmoreland
Whitaker White Wiles Williams, B Williams, J Williams, R
Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Stanley of the 49th, Twiggs of the 8th, Jones of the 71st, Pinholster of the 15th, Chambless of the 163rd, Davis of the 48th, Bailey of the 93rd, Hanner of the 159th, Sinkfield of the 57th, Baker of the 70th, Teague of the 58th, Hart of the 116th, Holmes of the 53rd, Buckner of the 95th, Lucas of the 124th and Ray of the 128th.
They wish to be recorded as present.

Prayer was offered by the Reverend Lessel Leonard, Pastor, Green Grove Baptist Church, Augusta, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

THURSDAY, JANUARY 26, 1995

205

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

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

HB 398. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions regarding the "Georgia Public Revenue Code," so as to provide for the temporary suspension of all applicable state and local taxes on certain articles, effects, equipment, or materials imported into this state in connection with the XXVI Summer Olympiad or the 1996 Atlanta Paralympic Games.
Referred to the Committee on Ways & Means.

HB 399. By Representatives Smith of the 109th, Lee of the 94th, Heard of the 89th, Lawrence of the 64th and Bargeron of the 120th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain property owned by an historical fraternal benefit association.
By unanimous consent, HB 399 was ordered engrossed.
Referred to the Committee on Ways & Means.

HB 400. By Representatives Purcell of the 147th, Reaves of the 178th, Floyd of the 138th, Hudson of the 156th, Benefield of the 96th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the declaration of why a voter requiring assistance is unable to cast his or her vote without such assistance and the declaration of blindness shall be made on the same form.
Referred to the Committee on Governmental Affairs.

HB 401. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th, Benefield of the 96th, Mueller of the 152nd and others:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia Anno tated, relating to wildlife, generally, so as to provide that it shall be unlawful to feed wild alligators.
Referred to the Committee on Game, Fish & Parks.

206

JOURNAL OF THE HOUSE,

HB 402. By Representatives Trense of the 44th, Felton of the 43rd, Jamieson of the 22nd, Buck of the 135th and Ashe of the 46th:
A hill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations.
Referred to the Committee on Ways & Means.

HB 403. By Representatives Bannister of the 77th and Johnson of the 97th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to motor vehicle emission inspection and mainte nance, so as to provide that the provisions of such article shall apply to each county in this state.
Referred to the Committee on Motor Vehicles.

HB 404. By Representatives Bannister of the 77th and Johnson of the 97th:
A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that driver's education shall be an authorized high school program; to change cer tain provisions regarding program weights for art, music, and physical educa tion specialists.
Referred to the Committee on Education.

HB 405. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Anno tated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to revise the definition of adverse underwrit ing decision; to provide that the placement of insurance with a residual mar ket mechanism, insurer, or unauthorized insurer shall not be considered an adverse underwriting decision under certain circumstances.
Referred to the Committee on Insurance.

HB 406. By Representative Godbee of the 145th:
A bill to amend Code Section 20-2-987 of the Official Code of Georgia Anno tated, relating to the Professional Standards Commission, so as to change provisions relating to the executive secretary of the Professional Standards Commission.
Referred to the Committee on Education.

HB 407. By Representative Twiggs of the 8th:
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 North Georgia Mountains Authority shall become members of such retirement system.
Referred to the Committee on Retirement.

THURSDAY, JANUARY 26, 1995

207

HB 408. By Representative Twiggs of the 8th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide that antique motor vehicles shall be authorized to display the license plate of the year of manufacture while maintaining a valid current license plate inside such vehicle.
Referred to the Committee on Motor Vehicles.

HB 409. By Representative Twiggs of the 8th:
A bill to amend Code Section 40-6-6 of the Official Code of Georgia Anno tated, relating to the operation of authorized emergency vehicles and law enforcement vehicles, so as to provide when a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect and the suspect injures or kills a third party, a law enforcement officer, or himself or herself as a result of the pursuit, the law enforcement officer's pursuit shall be the proxi mate cause of any such injury.
Referred to the Committee on Public Safety.

HB 410. By Representatives Bannister of the 77th, Johnson of the 97th and Davis of the 60th:
A bill to amend Code Section 34-9-151 of the Official Code of Georgia Anno tated, relating to definitions relative to group workers' compensation self-in surance funds, so as to change the definitions of certain terms.
Referred to the Committee on Industrial Relations.

HB 411. By Representatives Bannister of the 77th, Johnson of the 97th and Davis of the 60th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation, so as to prohibit a proposed group self-insurance fund which has applied for a certificate of authority from providing workers' compensation benefits or otherwise operating or engaging in activities authorized under such article prior to the issuance of such certificate of authority.
Referred to the Committee on Industrial Relations.

HB 412. By Representative Smith of the 102nd:
A bill to authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Harris County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 413. By Representative Mueller of the 152nd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, so as to provide that the offenses of stalking and aggravated stalking shall be bailable only before a judge of the superior court; to provide that certain persons convicted of aggravated stalking shall not be granted an appeal bond.
Referred to the Committee on Special Judiciary.

208

JOURNAL OF THE HOUSE,

HB 414. By Representative Mueller of the 152nd:
A bill to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to provide for definitions; to provide that certain conduct by a person who has given a bond to keep the peace pursuant to Code Section 17-6-110 shall constitute the offense of stalking.
Referred to the Committee on Special Judiciary.

HB 415. By Representative Mueller of the 152nd:
A bill to amend Code Section 16-5-91 of the Official Code of Georgia Anno tated, relating to aggravated stalking, so as to provide that certain conduct by a person who has given a bond to keep the peace shall constitute the offense of aggravated stalking.
Referred to the Committee on Special Judiciary.

HB 416. By Representative Mueller of the 152nd:
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 change certain provisions regarding sexual offenses.
Referred to the Committee on State Institutions & Property.

HB 417. By Representative Mueller of the 152nd:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to elections for bonded indebtedness, so as to provide that cer tain provisions regarding advertisement of bond elections and the use of bond funds in any county of this state having a population of not less than 500,000 nor more than 575,000 according to the United States decennial cen sus of 1990 or any future such census shall be applicable state wide to any county.
Referred to the Committee on Ways & Means.

HB 418. By Representatives Smith of the 174th, Pinholster of the 15th and Purcell of the 147th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for income tax credits for physicians who pro vide certain medical care.
Referred to the Committee on Ways & Means.

HB 419. By Representatives Smith of the 174th, Watson of the 139th and Williams of the 63rd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to local excise taxation of rooms and lodgings, so as to change certain expenditure requirements for local governments levying such taxes at a certain rate; to provide that in such cases the amount spent in each fiscal year for promotion of tourism, conventions, and trade shows shall be at lease equal to the amount spent in the most recent fiscal year.
Referred to the Committee on Industry.

THURSDAY, JANUARY 26, 1995

209

HB 420. By Representatives Johnston of the 81st, Smith of the 102nd, Wall of the 82nd, Mills of the 21st, Lifsey of the 6th and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide for academic subject-based education; to define and prohibit outcome-based methods of instruction or assessment; to prohibit experimen tal exploitation, instructing or assessing by using affective objectives, group grading, peer teaching, and restricting students from reaching their highest academic potential.
Referred to the Committee on Education.

HB 421. By Representative Holland of the 157th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that an insurer may not refuse to renew a policy of automobile or motorcycle insurance because of accidents not the fault of the covered driver or uninsured motorist claims or for certain other reasons.
Referred to the Committee on Insurance.

HB 422. By Representatives White of the 161st and Brooks of the 54th:
A bill to amend Chapter 2 of Title 46 of the Official Code of Georgia Anno tated, relating to the Public Service Commission, so as to provide that the Public Service Commission has jurisdiction to regulate any company owning, controlling, or operating a public cellular radio telecommunication service in this state.
Referred to the Committee on Industry.

HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Goodwin of the 79th and DeLoach of the 172nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the deadline for registration in certain special primaries and elections.
Referred to the Committee on Governmental Affairs.

HB 424. By Representatives Ray of the 128th, Watson of the 139th, Heard of the 89th, Snow of the 2nd, Epps of the 131st and others:
A bill to amend Chapter 38 of Title 43 of the Official Code of Georgia Anno tated, known as the "Georgia Private Detective and Security Agencies Act," so as to provide for the regulation and licensure of alarm systems monitoring businesses and alarm systems monitoring contractors.
Referred to the Committee on Industry.

HB 425. By Representatives Chambless of the 163rd, Bostick of the 165th, Cox of the 160th and Barnes of the 33rd:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Anno tated, relating to damages for writing bad checks, so as to change the amount of service charge which may be recovered on a bad check; to change the notice provisions; to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, so as to change the provisions relating to costs of bringing a complaint.
Referred to the Committee on Judiciary.

210

JOURNAL OF THE HOUSE,

HB 426. By Representative Holland of the 157th: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, relating to ethics in government, so as to provide that political influ ence groups shall report certain contributions; to provide for a short title; to define a certain term; to provide a statement of legislative intent; to define certain terms; to provide a code of fair campaign practices.
Referred to the Committee on Judiciary.
HB 427. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Gordon, so as to change the powers of the judge of the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 428. By Representatives Buck of the 135th, Watts of the 26th, Chambless of the 163rd, Powell of the 23rd, Benefield of the 96th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit. Referred to the Committee on Retirement.
HB 429. By Representative Stancil of the 16th:
A bill to amend Code Section 50-26-17 relating to the acquisition, manage ment, development, disposition, and financing of property by the Georgia Housing and Finance Authority, so as to direct the authority to develop a special program of financing law enforcement officers' purchases of homes in high crime areas.
Referred to the Committee on State Planning & Community Affairs.
HB 430. By Representatives Burkhalter of the 41st and Ashe of the 46th:
A bill to amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, so as to change the provisions relating to criminal damage to property in the second degree; to provide for the offense of criminal damage to property in the third degree.
Referred to the Committee on Special Judiciary.

HB 431. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for the transaction of insurance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state.
Referred to the Committee on Insurance.

HB 432. By Representatives Henson of the 65th, Towery of the 30th, Ashe of the 46th, McBee of the 88th, Childers of the 13th and others:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding group or blanket accident and sickness insur ance, so as to provide for legislative findings with regard to osteoporosis.
Referred to the Committee on Insurance.

THURSDAY, JANUARY 26, 1995

211

HB 433. By Representatives Orrock of the 56th, Childers of the 13th, McBee of the 88th, Henson of the 65th, Taylor of the 134th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to enact the "Osteoporosis Prevention and Treatment Educa tion Act"; to provide for a short title; to provide for legislative findings and purpose; to provide for an osteoporosis prevention and treatment education program and the components thereof.
Referred to the Committee on Health & Ecology.

HR 161. By Representatives Lord of the 121st and Bargeron of the 120th: A resolution designating the Rosa M. Tarbutton Memorial Library.
Referred to the Committee on State Institutions & Property.

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

HB 22 HB 367 HB 368 HB 369 HB 370 HB 371 HB 372 HB 373 HB 374 HB 375 HB 376
HB 377 HB 378
HB 379 HB 380
HB 381 HB 382
HB 383 HB 384
HB 385 HB 386

HB 387 HB 388 HB 389 HB 390 HB 391 HB 392 HB 393 HB 394 HB 395 HB 396 HB 397 HR 154
HR 155 HR 156 HR 157 HR 158 HR 159 HR 160 SB 24 SR 18

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 100 Do Pass, by Substitute HB 246 Do Pass, by Substitute
Respectfully submitted, Is/ Childers of the 13th
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

212

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 106 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 182 Do Pass, by Substitute HB 231 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr, Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 87 Do Pass HB 119 Do Pass HB 212 Do Pass, by Substitute
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

HR 170. By Representatives Shaw of the 176th, Golden of the 177th and Reaves of the 178th:
A resolution commending Christopher Hatcher and inviting him to appear before the House of Representatives.

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

THURSDAY, JANUARY 26, 1995

213

HB 266. By Representatives Shanahan of the 10th, Cummings of the 27th, McBee of the 88th, Baker of the 70th, Pelote of the 149th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retire ment Fund of Georgia, so as to provide that the board of trustees of such fund may grant a cost of living increase under certain circumstances.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Em-hart
YEpps Evans
Y Falls Felton
Y Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley
Manner
Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henaon Y Holland Y Holmes Y Howard Y Hudson

Y Hugley
Y Irvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton Y McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts N Rogers Y Royal
Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 138. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-7-20 of the Official Code of Georgia Anno tated, relating to the Board of Trustees of the Georgia Firemen's Pension Fund, so as to change a certain designation.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

214

JOURNAL OF THE HOUSE,

HB 200. By Representative Carter of the 166th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to the use of state parks and prohibited acts therein, so as to provide that it shall be unlawful to hunt, trap, or pursue wildlife in a state park unless the weaponry and methods used have been approved by the com missioner of natural resources.

The following amendment was read and adopted:

Representative Carter of the 166th moves to amend HB 200 by striking all matter on line 5 of page 1 and inserting in lieu thereof the following:
"except under certain conditions approved by".
By striking in its entirety subsection (1) on lines 14 through 23 of page 1 and inserting in lieu thereof the following:
"'(1) It shall be unlawful to hunt, trap, or otherwise pursue or catch any wildlife in any park, historic site, or recreational area, unless such activity involves the use of bows and arrows, primitive weapons, rifles, and shotguns and has been approved by prior written permission of the commissioner of natural resources or his the commissioner's authorized representative. It shall also be unlawful to shoot into a park, historic site, or recreational area from beyond the boundaries of such park, historic site, or recreational area.'"

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 112, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 274. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife generally, so as to pro vide for the use of federally approved, nontoxic shot.
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 Bailey
Y Baker Y Bannister Y Bartoot Y Bargeron Y Barnard Y Barnes Y Bates
Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J

Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter
Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawlbrd

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Falls Y Felton Y Floyd

Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee

THURSDAY, JANUARY 26, 1995

215

Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B E Randall
Randolph YRay Y Reaves Y Reichert Y Roberts

Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W
Y Smyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery

Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 166, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 277. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide for the sales of certain licenses by telephone; to provide for a fee for such service; to provide for an archery and firearms combination hunting license; to provide for a sportsman's license.

The following amendment was read and adopted:

The Committee on Game, Fish, and Parks moves to amend HB 277 by inserting on line 7 of page 2 following the word "receive", the words "up to".
By striking on line 22 of page 5 the words "Resident waterfowl" and inserting the words "Waterfowl Resident waterfowl".
By striking on lines 5 through 7 of page 10 the following:
"1995, or upon the Governor's approval of this Act or its becoming law without such approval, whichever date is later",
and inserting the following: "1996".

The following amendment was read:
Representative Mills, et al. move to amend HB 277 by inserting on line 10 of page 1, immediately following the word and symbol "fees;", the following:
"to change the amount of certain fees;" By"$s1tr0ik.0i0n"g on line 39 of page 4 the following: and inserting in lieu thereof the following:
iplOivU ipo.py .
By"$s5tr9i.k0i0n"g on line 1 of page 5 the following: and inserting in lieu the following:

216

JOURNAL OF THE HOUSE,

By"$s2tr5ik.0i0n"g on line 3 of page 5 the following: and inserting in lieu the following:
"$2&6 $21.00". By"$s8tr.i0k0i"ng on line 9 of page 5 the following: and inserting in lieu the following:
"f&ee $6.50". By"$s2tr5ik.0i0n"g on line 11 of page 5 the following:
and inserting in lieu the following:
Qg QA CO1 QQ"
By"$s9tr.i0k0i"ng on line 12 of page 5 the following:
and inserting in lieu the following: "$9766 $7.50".
By"$s1tr1i8k.i0n0g"on line 14 of page 5 the following:
and inserting in lieu the following: "$118.00 $100.00".
By"$s1tr2ik.0i0n"g on line 17 of page 5 the following:
and inserting in lieu the following: "$3*ee $10.00".
By"$s6tr0ik.0i0n"g on line 19 of page 5 the following:
and inserting in lieu the following: "$60.00 $50.00".
By"$s6tr0ik.0i0n"g on line 21 of page 5 the following:
and inserting in lieu the following:
By"$s1tr8ik.0i0n"g on line 32 of page 5 the following:
and inserting in lieu the following: Ipio.'UU tplo.Uv .
By"$s9tr.i0k0i"ng on line 36 of page 5 the following:
and inserting in lieu the following:
By"$s2tr4ik.0i0n"g on line 1 of page 6 the following: and inserting in lieu the following:
"$24,06 $20.00". By"$s7tr.i0k0i"ng on line 3 of page 6 the following:
and inserting in lieu the following:
ip t .UU !pD.uL> .
By"$s5tr.i0k0i"ng on line 9 of page 6 the following:
and inserting in lieu the following:
By"$s1tr3i.k0i0n"g on line 10 of page 6 the following:
and inserting in lieu the following:
By striking on line 13 of page 6 the following:

THURSDAY, JANUARY 26, 1995

217

"$30.00" and inserting in lieu the following:

By"$s2tr9i5k.i0n0g"on line 15 of page 6 the following:
and inserting in lieu the following: "$206 00 $250 00"
By"$s1tr2i.k0i0n"g on line 18 of page 6 the following:
and inserting in lieu the following: "$12.00 $10.00".
By"$s1tr1i8k.i0n0g"on line 20 of page 6 the following:
and inserting in lieu the following: "$118.00 $100.25".
By"$s2tr9i5k.i0n0g"on line 34 of page 6 the following:
and inserting in lieu the following: "$296.00 $250.00".
By"$s4tr1i5k.i0n0g"on line 36 of page 6 the following:
and inserting in lieu the following: "$416.00 350.00".
By"$s1tr8i0k.i0n0g"on line 37 of page 6 the following:
and inserting in lieu the following:
(pAoU.UU y lOv/.UU .
By"$s1tr0ik.0i0n"g on line 2 of page 7 the following:
and inserting in lieu the following:
lp.iv.UU ipO.vU ,
By"$s5tr9i.k0i0n"g on line 4 of page 7 the following:
and inserting in lieu the following: "fllf59 00 $50 00"
By"$s5tr.i0k0i"ng on line 6 of page 7 the following:
and inserting in lieu the following:

By"$s3tr0ik.0i0n"g on line 8 of page 7 the following: and inserting in lieu the following:
<d*nn QQ fljocj 00"
By"$s5tr0i.k0i0n"g on line 10 of page 7 the following: and inserting in lieu the following:

By"$s5tr9ik.0i0n"g on line 12 of page 7 the following: and inserting in lieu the following:

By striking on line 14 of page 7 the following: "$150.00"
and inserting in lieu the following:

By striking on line 16 of page 7 the following: "$75.00"

218

JOURNAL OF THE HOUSE,

and inserting in lieu the following: "f?^6 $10.00".
By"$s5tr9i.k0i0n"g on line 20 of page 7 the following:
and inserting in lieu the following:
By"$s2tr3ik6.i0n0g"on line 21 of page 7 the following:
anudtpionn/s*eQrtQin$g20in0 0li0e"u the following:
By"$s5tr0ik.0i0n"g on line 30 of page 7 the following:
and inserting in lieu the following: "$60.00 $25.00".
By striking on line 33 of page 7 the following: "$236.00"
and inserting in lieu the following: "$236.00 $200.00".
By"$s1tr9i.k0i0n"g on line 9 of page 8 the following:
and inserting in lieu the following: iyuu y J.O.DU .
By"$s7tr3i.k0i0n"g on line 13 of page 8 the following:
and inserting in lieu the following:
"0*70 AA qci oc
ty I U.UU ipp J..AO .

The following amendment was read:

Representative Coleman of the 142nd moves to amend the Mills amendment to HB 277 as follows:
By adding on page 5, line 31 the following:
and inserting a new section on page 8 a new subsection (10) on line 15 and renumbering the other sections. The new section shall read as follows:
"The board shall impose a $10.00 per person access fee on Lake Lanier and direct the Dept. to promulgate rules and regulations necessary to carry out the provisions of this act."

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

N Ashe Y Bailey Y Baker N Bannister Y Bartoot Y Bargeron N Barnard
Barnes N Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J

N Brush YBuck
Y Buckner N Bunn N Burkhalter
YByrd N Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers N Coker N Coleman, B Y Coleman, T Y Connell YCox N Crawtord

N Crews Y Culbreth N Cummings Y Davis, G N Davis, M N Day N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans N Falls
Felton Y Floyd

Y Godbee N Golden N Goodwin Y Greene N Grindley Y Hanner N Harbin N Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson
Y Holland Y Holmes N Howard Y Hudson

Y Hugley N Irvin
Y James Y Jamieson
Jenktns N Johnson, G
N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon
N Klein NLadd N Lakly YLane N Lawrence YLee

THURSDAY, JANUARY 26, 1995

219

N Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton
Y McKinney N Mills Y Mobley, B N Mobley, J
Y Mosley N Mueller Y O'Neal Y Orrock

Y Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak Y Porter N Poston Y Powell Y Purcell, A Y Purcell, B E Randall
Y Randolph YRay Y Reaves N Reichert Y Roberts

N Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
N Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L
Y Smith, P Y Smith, T N Smith, V

N Smith, W Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus N Towery

On the adoption of the amendment, the ayes were 98, nays 75. The amendment was adopted.

N Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L N Wall Y Watson
Y Watts N Westmorland N Whitaker Y White
N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The Mills amendment, as amended, was withdrawn.

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 Bailey Y Baker N Bannister
Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

N Crews Y Culbreth
Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G N Dix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene Y Grindley Y Manner
Y Harbin N Harris YHart
Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley
N Irvin Y James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J
Y Johnston Y Jones N Joyce
Kaye Y Kinnamon N Klein YLadd N Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord
Lucas N Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster
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 Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W
Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L N Walker, R.L Y Wall Y Watson
Y Watts N Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
N Woods N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 146, nays 28.
The Bill, having received the requisite constitutional majority, was passed, as amended.

220

JOURNAL OF THE HOUSE,

HR 55. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Bargeron of the 120th, Purcell of the 9th and others:
A resolution recognizing and commending Georgia's World War II veterans; providing for the permanent display at the James H. "Sloppy" Floyd Veter ans Memorial Building of a plaque, flag, and 50 posters depicting important events that took place during World War II.

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

Y Ashe Y Bailey Y Baker
Y Bannister Y Bartoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom
Y Hembtee Y Henson Y Holland Y Holmes
Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Perry
Y Pinholster
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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L
Y Wall Y Watson
Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 173, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 21. By Representatives Walker of the 141st, Lucas of the 124th, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd and others:
A resolution designating the Georgia Department of Corrections' hospital in Bibb County as the Denmark Groover, Jr., Hospital.

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

THURSDAY, JANUARY 26, 1995

221

Y Ashe Y Bailey Y Baker Y Bannister Y Baribot Y Bargeron
Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush Y Buck
Buckner Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
YDix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce Kaye Y Kinnamon Y Klein YLadd Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller
Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpsun Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R
Woods Yates Y Murphy, Spkr

On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Lucas of the 124th was away from his desk on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 49. By Representatives Murphy of the 18th and McKinney of the 51st:
A resolution authorizing the granting of certain easements and conveyance of certain state owned real property located in Fulton County, Georgia, to Met ropolitan Atlanta Rapid Transit Authority (MARTA) and the acceptance of certain real property owned by MARTA located in Fulton County, Georgia, in consideration therefor.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HR 49 by striking on lines 20 and 21 of page 1 the following:
"Spring Street and including Forsyth Street identified as",
and inserting in lieu thereof the following: "Forsyth Street and including Spring Street identified as being parts of.

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:

222

JOURNAL OF THE HOUSE,

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck
Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T
Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Hanner
Y Harbin Y Harris
Hart Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye Y Kinnamon Y Klein
YLadd Y Lakly
YLane Y Lawrence Y Lee Y Lewis
Y Lifsey Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
YShaw Y Sherrill Y Shipp
Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 168, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Special Judiciary and referred to the Committee on Game, Fish and Parks:

HB 276. By Representatives Carter of the 166th, Buckner of the 95th, Rogers of the 20th and Cox of the 160th:
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 redefine the term "vessel"; to create the crimes of homicide by vessel, feticide by vessel, and serious injury by vessel.

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

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 147 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

THURSDAY, JANUARY 26, 1995

223

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 41 Do Pass, by Substitute HB 330 Do Pass, as Amended
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 176 Do Pass, by Substitute HB 248 Do Pass HB 258 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 139 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:

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

HR 106 Do Pass HR 115 Do Pass

HR 116 Do Pass HR 117 Do Pass

224

JOURNAL OF THE HOUSE,

HR 118 Do Pass HR 120 Do Pass HR 123 Do Pass, by Substitute HR 151 Do Pass

HR 152 Do Pass HR 153 Do Pass HR 170 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 107 Do Pass, by Substitute HB 174 Do Pass, by Substitute HB 318 Do Pass, as Amended
Respectfully submitted, /s/ Jenkins of the 110th
Vice-Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 79 Do Pass HR 94 Do Pass, as Amended HR 160 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 3 Do Pass, by Substitute HB 33 Do Pass HB 34 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

THURSDAY, JANUARY 26, 1995

225

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.

226

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 27, 1995

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 Baker Bannister Barfoot Bargeron Barnard Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks. D Brooks, T Brown, G Brown, J
Brush Buck
Buckner
Bunn Burkhalter Byrd Campbell Canty Carter Childers Coker Coleman, B Connell Cox
Crawford
Crews
Culbreth

Cummings
Davis, M Day DeLoach, B
DeLoach, G Dix Dixon, H Dixon, S
Dobbs
Ehrhart
Epps
Evans
Felton
Floyd
Godbee
Golden
Goodwin Greene Grindley Manner Harbin
Harris Heard Heckstall Hegstrom Hembree Holland Howard Hudson Hugley
Irvin
James Jamieson

Jenkins Johnson, G Johnson, J Johnston Jones Joyce Kaye Kinnamun Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Maddox Mann Martin
McBee McCall
McClinton
McKinney Mills Mobley, B Mobley, J
Mosley
Mueller
O'Neal
Orrock
Par ham

Parrish
Parsons
Pelote
Perry
Pinholster Polak Porter Poston Powell Purcell, A Purcell, B Randolph Ray Reaves Reichert Roberts Rogers Royal Sanders Sauder
Scoggins Shanahan Shaw Sherrill Shipp
Simpson Sinkfieid
Skipper
Smith, C
Smith, C.W
Smith, L Smith, P

Smith, T Smith, V Smith, W Snelling Snow Stallings
Stancil, F Stancil, S Stanley,P Stephenson
Streat Teague
Teper
Thomas Tillman Titus Towery
Trense Walker, R.L Wall Watson
Watts
Westmoreland Whitaker White Wiles Williams, B
Williams, J
Williams, R
Woods Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Hart of the 116th, Holmes of the 53rd, Falls of the 125th, Lucas of the 124th, Twiggs of the 8th, Davis of the 48th, Stanley of the 50th, Chambless of the 163rd and Smyre of the 136th.
They wish to be recorded as present.

Prayer was offered by the Reverend Bill Dupree, Pastor, St. Paul United Methodist Church, Columbus, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

FRIDAY, JANUARY 27, 1995

227

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

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

HB 434. By Representatives Smith of the 174th, Ehrhart of the 36th, Stancil of the 16th, Breedlove of the 85th, Whitaker of the 7th and others:
A bill to amend Article 1 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions regarding financial affairs and the General Assembly, so as to provide findings and declarations of the General Assembly; to create the Privatization Review Committee.
Referred to the Committee on Appropriations.

HB 435. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 8 of Title 42 of the Official Code of Georgia Anno tated, relating to probation, so as to change the provisions relating to con tracting for probation services by counties, municipalities, and the state; to expand the scope of the County Probation Advisory Council to include municipal probation systems; to add two members and provide for the pow ers and duties of the County and Municipal Probation Advisory Council.
Referred to the Committee on State Institutions & Property.

HB 436. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to autho rize the creation of a special school district for school age youth; to provide that the commissioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards for such special school district.
Referred to the Committee on State Institutions & Property.

228

JOURNAL OF THE HOUSE,

HB 437. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to fixing of criminal sentences and suspension or probation of such sentences, so as to exclude offenses involving certain child victims or offenses of a sexual or violent nature from the requirement that probation supervision terminate no later than two years after commencement.
Referred to the Committee on State Institutions & Property.

HB 438. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Code Section 40-5-33 of the Official Code of Georgia Anno tated, relating to providing notice to the Department of Public Safety of a name or address change, so as to provide that notice of a change of name or address and application for a new license is mandatory.
Referred to the Committee on Motor Vehicles.

HB 439. By Representatives Powell of the 23rd and McCall of the 90th:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions of solid waste man agement, so as to require city and county permits for the disposal of tires.
Referred to the Committee on Natural Resources & Environment.

HB 440. By Representatives Watson of the 139th, Walker of the 141st and Ray of the 128th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain House districts.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 441. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-380 of the Official Code of Georgia Anno tated, relating to refunds of taxes and license fees by counties and municipal ities, so as to prohibit refund claims based upon certain grounds; to provide that such claims shall be governed by other general laws.
Referred to the Committee on Ways & Means.

HB 442. 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 change the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, JANUARY 27, 1995

229

HB 443. By Representative Childers of the 13th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to delete certain references and provide for the regulation of assisted living facilities and services rendered therein.
Referred to the Committee on Health & Ecology.

HB 444. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, known as the "Georgia Peace Officer Standards and Training Act," so as to provide that any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date unless such per son has successfully completed a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council.
Referred to the Committee on Public Safety.

HB 445. By Representatives Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemp tion of income taxes, so as to provide for an income tax credit for individuals with respect to sales and use taxes applicable to food.
Referred to the Committee on Ways & Means.

HB 446. By Representatives Campbell of the 42nd, Klein of the 39th and Davis of the 60th:
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 add to the des ignated offenses over which the superior court has exclusive jurisdiction.
Referred to the Committee on Judiciary.

HB 447. By Representatives Williams of the 63rd, Hegstrom of the 66th, Henson of the 65th, Orrock of the 56th, Felton of the 43rd and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to require the offering of cer tain athletic activities in the elementary and secondary schools.
Referred to the Committee on Education.

HB 448. By Representatives Skipper of the 137th, Royal of the 164th, Jamieson of the 22nd and Culbreth of the 132nd:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemp tion of income taxes, so as to provide for an income tax credit for individuals with respect to sales and use taxes applicable to food.
Referred to the Committee on Ways & Means.

230

JOURNAL OF THE HOUSE,

HB 449. By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to pro vide that members with prior service as a narcotics agent with the Georgia Bureau of Investigation shall be eligible to obtain creditable service for such prior service.
Referred to the Committee on Retirement.

HB 450. By Representatives Shanahan of the 10th and Cummings of the 27th:
A bill to amend Code Section 47-2-1 of the Official Code of Georgia Anno tated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to provide that persons employed as narcotics agents by the Georgia Bureau of Investigation shall be members of such retirement system; to amend Code Section 35-3-9 of the Official Code of Georgia Annotated, relating to narcotics agents employed by the Georgia Bureau of Investigation, so as to remove a prohibition against such agents.
Referred to the Committee on Retirement.

HB 451. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 452. By Representatives Felton of the 43rd, McKinney of the 51st, Holmes of the 53rd, Canty of the 52nd, Burkhalter of the 41st and others:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for a utility tax on telecommunications operators in service districts established in the unincorporated areas of coun ties.
Referred to the Committee on Ways & Means.

HB 453. By Representatives Evans of the 28th, Grindley of the 35th, Johnson of the 97th, Crews of the 78th, Maddox of the 108th and others:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Anno tated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, so as to provide an additional penalty for any person who fraudu lently obtains public assistance or food stamps.
Referred to the Committee on Special Judiciary.

HB 454. By Representatives Childers of the 13th, Skipper of the 137th, Perry of the llth, Henson of the 65th and Smith of the 12th:
A bill to amend Chapter 14 of Title 31 of the Official Code of Georgia Anno tated, relating to hospitalization for tuberculosis, so as to change the provi sions regarding petitions for commitment; to change the provisions regarding hearings on the petition and provide for rights and costs of counsel.
Referred to the Committee on Health & Ecology.

FRIDAY, JANUARY 27, 1995

231

HB 455. By Representative Coker of the 31st:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Peace Officer Stan dards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".
Referred to the Committee on Public Safety.

HB 456. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Watson of the 139th, Buckner of the 95th and others:
A bill to amend Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, so as to change the defini tion of activities which constitute a lottery; to authorize certain raffles.
Referred to the Committee on Industry.

HB 457. By Representatives Johnson of the 97th, Westmoreland of the 104th, Evans of the 28th, Crews of the 78th, Lakly of the 105th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a police officer shall not be civilly liable for the pursuit of a person fleeing or attempting to elude a police officer; to provide for immunity for liability for other governmental entities with respect to such an offense; to provide that a person fleeing or attempting to elude police shall be liable for certain injuries or property damage.
Referred to the Committee on Judiciary.

HB 458. By Representative Cummings of the 27th:
A bill to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that in the event a person designated as the pri mary beneficiary by a member of a public retirement or pension system does not survive the member by at least 32 days, their deaths shall be deemed simultaneous and any survivor's benefits shall be paid to the secondary bene ficiary.
Referred to the Committee on Retirement.

HB 459. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-21 of the Official Code of Georgia Anno tated, relating to the creation and membership of the board of trustees of the Teachers Retirement System of Georgia, so as to change the terms of such trustees from three to six years.
Referred to the Committee on Retirement.

HB 460. By Representative Lucas of the 124th:
A bill to amend various statutory references to "personal care homes" so as to delete that term; to provide for a new category of facilities to be desig nated as "adult residential care homes" and replace certain statutory refer ences to "personal care homes" with the new designation; to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices, so as to change certain provisions relating to providing personal care services.
Referred to the Committee on Human Relations & Aging.

232

JOURNAL OF THE HOUSE,

HR 171. By Representatives Johnston of the 81st, Irvin of the 45th, Kaye of the 37th, Johnson of the 97th, Lakly of the 105th and others:
A resolution proposing an amendment to the Constitution, so as to provide for requests by counties for hardship relief from unfunded state mandates.
Referred to the Committee on Appropriations.

HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution compensating Ms. Charlotte Brandenburg.
Referred to the Committee on Appropriations.

HR 173. By Representatives Reaves of the 178th, Holland of the 157th, Purcell of the 147th, Floyd of the 138th, Greene of the 158th and others:
A resolution urging the Congress of the United States to enact legislation which would require the label of any product marketed in the United States which contains peanuts to list the country of origin of such peanuts.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 174. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution authorizing the conveyance of an easement of access to certain state owned real property located in Brooks County.
Referred to the Committee on State Institutions & Property.

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

HB 483. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71.1 of the Official Code of Georgia Annotated, relating to spouses' benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to redefine a certain term; to pro vide conditions for an effective date and automatic repeal.
Referred to the Committee on Retirement.

HB 484. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-70 of the Official Code of Georgia Anno tated, relating to eligibility and application for retirement in the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the time for vesting.
Referred to the Committee on Retirement.

HB 485. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Anno tated, relating to the amount of benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to restrict a certain retirement option to certain members.
Referred to the Committee on Retirement.

FRIDAY, JANUARY 27, 1995

233

HB 487. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a four-month or a 12 month period; to change certain licensing and registration deadlines; to provide for penalties for late registration; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to change certain dates.
Referred to the Committee on Motor Vehicles.

HB 488. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to create the Department of Motor Vehi cles and the commissioner of motor vehicles.
Referred to the Committee on Motor Vehicles.

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

HB 398 HB 399 HB 400 HB 401 HB 402 HB 403 HB 404 HB 405
HTnToBTJ 44.m006/ HB 408 HB 409 HB 410
HB 411
HB 412
HB 413
HB 414
HB 415
HB 416

HB 417 HB 418 HB 419 HB 420 HB 421 HB 422 HB 423 TTD 494
"nHRoR *4.,,2,,5 TMTM HB 427 HH 428
HB 429
HB 430
HB 431
HB 432
HB 433
HR 161

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

Mr. Speaker:

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

HB 62 Do Pass HB 164 Do Pass

HB 201 Do Pass, by Substitute HB 328 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

234

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 15 Do Pass, by Substitute
Respectfully submitted, /a/ Godbee of the 145th
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the Housa and has instructed me to report the same back to the House with the following rec ommendation:
HB 42 Do Pass, by Substitute
Respectfully submitted, /a/ Lord of the 121st
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 370 Do Pass HB 371 Do Pass HB 372 Do Pass

HB 373 Do Pass HB 385 Do Pass HB 386 Do Pass

Respectfully submitted, /a/ Royal of the 164th
Chairman

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

HB 371. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act making provisions for the judge of the Probate Court of Decatur County, so as to provide for the nonpartisan election of the judge of the probate court without a prior nonpartisan primary.

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

FRIDAY, JANUARY 27, 1995

235

On the passage of the Bill, the ayes were 96, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 372. 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 compensation of the chairperson and members of said board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 373. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Decatur County, so as to provide for the nonpartisan election of the members of the board of education without a prior nonpartisan primary.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 385. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, as amended, so as to provide for the election of members of the board of education; to provide for education districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 386. By Representative Greene of the 158th:
A bill to amend an Act which repealed the charter of the City of Omaha and abolished the city, so as to provide for the disposition of the assets and lia bilities, causes of action, accounts, and real and personal property of the City of Omaha.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

236

JOURNAL OF THE HOUSE,

HB 370. By Representatives Polak of the 67th, Henson of the 65th, Baker of the 70th, Davis of the 60th, O'Neal of the 75th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to change the adjusted ad valorem tax millage rate for district services for each special district.

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

Y Ashe Y Bailey Y Baker
Bannister Y Bartoot Y Bargeron Y Barnard
Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Culbreth
Y Cummings
Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps N Evans Y Falls
Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce
YKaye Y Kinnamon Y Klein
NLadd Y Lakly YLane N Lawrence YLee
Lewis Y Lifsey YLord Y Lucas Y Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote
Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
Ray Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith. P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling Y Snow Y Stallings
Stancil, F Y Stancil, S
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 Y Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland
Y Whitaker White
Y Wiles N Williams, B Y Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 150, nays 8. The Bill, having received the requisite constitutional majority, was passed.

Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

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

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

FRIDAY, JANUARY 27, 1995

237

SB 23. By Senators Isakson of the 21st and Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insurance; to provide for the definition of the term preexisting condi tion in group policies or contracts of disability income insurance.

SB 45. By Senators Crotts of the 17th, Isakson of the 21st, Pollard of the 24th and Starr of the 44th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Anno tated, relating to definitions relative to insurance agents, subagents, counsel ors, and adjusters, so as to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or admin istrative services in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent.

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

SB 23. By Senators Isakson of the 21st and Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insurance; to provide for the definition of the term preexisting condi tion in group policies or contracts of disability income insurance.
Referred to the Committee on Insurance.

SB 45. By Senators Crotts of the 17th, Isakson of the 21st, Pollard of the 24th and others:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Anno tated, relating to definitions relative to insurance agents, subagents, counsel ors, and adjusters, so as to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or admin istrative services in connection with any insurance transaction and who is not involved in soliciting insurance or signing or countersigning contracts shall not be considered an agent.
Referred to the Committee on Insurance.

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

HR 106. By Representative McKinney of the 51st:
A resolution inviting Fulton County Commission Chairman Mitch Skandalakis to appear before the House of Representatives.

HR 115. By Representatives Klein of the 39th and Parsons of the 40th:
A resolution commending the Lassiter High School marching band and invit ing the members of the band and the band directors to appear before the House of Representatives.

338

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................! Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ County Workcamp Construction Grants.....................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State Hospital
forUtilities...................................................................................$ Payments to Public Safety for Meals ..........................................$ Inmate Release Fund......................................................................$ Health Services Purchases .............................................................$
Payments to MAG for Health Care Certification........................................................................?
University of Georgia - College of Veterinary Medicine Contracts .................................................$
Minor Construction Fund..............................................................$ Total Funds Budgeted....................................................................? Indirect DOAS Funding.................................................................? Georgia Correctional Industries....................................................? State Funds Budgeted....................................................................?

5,012,000 5,681,082 5,822,295 6,377,814
0 20,547,180
1,500,000 13,928,400 5,425,378
0 886,000
3,985,806
1,340,100 459,900
1,400,000 54,967,153
60,400
352,357 0
649,480,158 450,000 0
643,362,073

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

69,782,574 472,829,030 106,868,554 649,480,158

68,031,464 471,729,471 103,601,138 643,362,073

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

38.857,656 31,717,996
1,140,630 678,400 264,500 167,500 428,130
2,715,000
838,000
252,500 650,000
5.000 38,857,656 38,857,656

Section 19. Department of Defense. Budget Unit: Department of Defense................................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................?

5,088,471 7,478,958 5,009,530
24,100 0
24,500

MONDAY, JANUARY 30, 1995

339

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

12,900 10,000 343,245 563,400
0 13,466,633 5,088,471

Departmental Functional Budgets

Total Funds

State Funds

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

2,362,098 4,604,969 6,499.566 13,466,633

$

2,237,821

533,129

2.317,521

5,088,471

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 Low-Income
Families.........................................................................................!

3,509,037,104
39,154,117 4,745,586 1,201,316
138,000 370,756 12,394,935 1,495,141 1,286,462 26,397,802 895,752
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 89,791,383 615,158,563 130,609,130 (635,201,965) 71,734,084 116,238,958
149,778,370 3,609,604 20,872,296 57,066,117 64,049,932 416,000
198,714,081

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HB 3. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Culbreth of the 132nd, Smyre of the 136th and others:
A bill to amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for claims for refunds of certain state income taxes paid with respect to federal pension income; to provide for tax refunds with respect to income taxes owed by a taxpayer.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to certain retired federal employees; to provide for defini tions; to provide for refund requests and procedures; to provide for rights and duties of persons making requests; to provide for powers, duties, and authority of the state revenue commissioner, the Department of Revenue, and the Office of State Administrative Hear ings; to provide for automatic repeal of the foregoing provisions; 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 48 of the Official Code of Georgia Annotated, relating to state adminis trative organization, administration, and enforcement, is amended by adding a new article at the end thereof, to be designated Article 4, to read as follows:
"ARTICLE 4
48-2-100. As used in this article, the term:
(1) 'Common fund' means the total dollar amount of reduced principal to be refunded with simple interest calculated pursuant to this article to eligible recipients. (2) 'Eligible recipient' means a retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 and who was a resident Georgia taxpayer during that tax year, who failed to file a timely refund claim for that tax year pursuant to Code Section 48-2-35, and who did not qualify to receive a refund for that tax year pursuant to HB 90, if such Act is enacted and approved at the 1995 regular session of the General Assembly, notwithstanding the accord and satisfaction provisions of any other Act enacted and approved at the 1995 regular session of the General Assembly, specifically including, but not limited to, HB 90, if it is so enacted and approved, or any other law to the contrary. (3) 'Installment payments' means those payments of reduced principal and interest thereon to eligible recipients which are to be made according to the schedule provided for by this article. (4) 'Reduced principal' means an amount equal to 85 percent of the taxes collected in tax years 1985, 1986, 1987, and 1988 by the state from retired federal employees who are eligible recipients under this article, which taxes were unconstitutional under the principles set forth in Davis v. Michigan, 489 U.S. 803 (1989). (5) 'Refund request' means a written notice, whether on a Form 500 X or other appropriate written notice provided by the commissioner, which must be filed by the taxpayer with the department after July 1, 1995, and prior to August 15, 1995, for one or more of the tax years 1985, 1986, 1987, and 1988 in accordance with this article. (6) 'Retired federal employees' means federal civil service employees and United States military personnel or their heirs or their estate or legal representative. (7) 'Retirement income' means income which was taxed by the State of Georgia for tax years 1985, 1986, 1987, and 1988 and which taxes were unconstitutional under the principles set forth in Davis v. Michigan, 489 U.S. 803 (1989).

FRIDAY, JANUARY 27, 1995

241

48-2-101. (a) The state shall pay refund requests to eligible recipients in the amount of the reduced principal paid by the eligible recipient for each year that the eligible recipient filed a refund request. Refunds shall be paid in four approximately equal installment payments on or before the fifteenth day of October 1996, 1997, 1998, and 1999 until the reduced principal and interest thereon have been paid in full. The state shall pay to an eligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the reduced principal due that eligible recipient from the date of the first installment payment until paid in full. (b) The total amount of the reduced principal and interest due the eligible recipients shall constitute a common fund. The state may pay refunds prior to the scheduled installment date and no prepayment penalty shall be assessed. The common fund exists only as an accounting device for purposes of calculation of the amount of the reduced principal and interest thereon due eligible recipients. No appropriations are required to fund the common fund. The common fund is not a separate fund for purposes of any appropriations Act.
48-2-102. (a) The department shall calculate the amount of each eligible recipient's refund and at the time of the first disbursement shall provide each eligible recipient with written notice mailed to the last known address of each eligible recipient. The written notice shall detail the estimated total amount of the common fund, the installment payment schedule, and the pro rata share annually estimated to be due the particular taxpayer who is an eligible recipient. The amount shown as the pro rata share for each eligible recipient shall separately disclose the amount of reduced principal and interest thereon and any setoffs for other unpaid taxes due by the taxpayer at the time of the written notice. (b) The written notice shall advise eligible recipients that negotiation of the first dis bursement shall constitute a release and full accord and satisfaction for any and all refund requests for tax years 1985, 1986, 1987, and 1988 which the eligible recipient has or may have for recovery of taxes alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis y. Michigan Dep't of Treasury, 489 U.S. 803 (1989). Negotiation of the first disbursement shall also constitute full and complete acceptance of all the terms and conditions set forth in this article and shall bar any challenges to this article. (c) An eligible recipient may decline to participate in the refund procedure under this article by providing written objection of same to the commissioner on or before 90 days from receipt of the notice. Notice shall be presumed to have been received three days from the date of mailing by the commissioner. Failure to send timely written objection shall forever bar any claim the eligible recipient may have for recovery of taxes for tax years 1985, 1986, 1987, and 1988 alleged to be illegal based on 4 U.S.C. Section 111, the doctrine of intergovernmental immunity, or the decision of the United States Supreme Court in Davis v. Michigan, except as otherwise provided for in this article. (d) The written notice shall also advise each eligible recipient that such recipient may request a conference within 30 days of receipt of the written notice and first disburse ment provided for in subsection (b) of this Code section before the commissioner or the commissioner's designee in connection with any dispute involving the amount calculated as the refund due, taking into account any setoffs applied. To exercise this right, the eligible recipient shall specify such desire in writing directed to the commissioner, and the commissioner or the commissioner's designee shall grant a conference at a time he or she shall reasonably specify, which in any event, shall be no more than 30 days from the date of such request. Negotiation of the first disbursement by the eligible recipient shall forever bar any right to dispute the amount calculated as the refund due as shown in the written notice. (e) The commissioner or the commissioner's designee must make a determination of the amount due the eligible recipient within 60 days of the conference. Notice of the deter mination must be in writing and must be mailed to the last known address of the eligi ble recipient. Appeals of the determination of the commissioner shall be made within 60 days to the Office of State Administrative Hearings.

242

JOURNAL OF THE HOUSE,

(f) All other disputes pursuant to this article not involving questions regarding the spe cific refund due the eligible recipient shall be referred to the Office of State Administra tive Hearings, Any disputes brought before the Office of State Administrative Hearings shall be heard and decided pursuant to the procedures specified in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' unless specifically provided otherwise in this article. The Office of State Administrative Hearings shall enter such orders and make such findings as necessary to implement this article and to effectuate the full, prompt, and final disposition of the refund requests of eligible recipients under this arti cle. Without limitation, the Office of State Administrative Hearings shall determine the validity and timeliness of individual refund requests. The Office of State Administrative Hearings shall also review the determination of the commissioner or the commissioner's designee as to the amounts due eligible recipients. (g) Eligible recipients may appeal any decision of the Office of State Administrative Hearings to the superior court of the county of the residence of the taxpayer, except that if the taxpayer is a nonresident individual, any appeal shall be made to the Supe rior Court of Fulton County. All appeals from the Office of State Administrative Hear ings shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
48-2-103. (a) In the event of a refund to an eligible recipient, the commissioner may set off other state taxes which have become due, whether at the time of initial calculation or thereaf ter. (b) The department may not exercise the right to set off other state taxes which have become due unless and until it provides written notice to the eligible recipient. The eli gible recipient may contest the setoff according to laws, policies, and procedures of the department. (c) When the setoff authorized by this Code section is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund amount remaining after the setoff has been applied shall be refunded to the taxpayer as otherwise provided in this Code section.
48-2-104. Notwithstanding any provision of law to the contrary, interest paid to eligible recipients pursuant to this article shall not constitute income for the purposes of Chapter 7 of this title.
48-2-105. This article shall stand repealed and shall be null and void and of no effect with no fur ther legislative action required on December 31, 2000."
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.

Pursuant to Rule 134, Representatives Mobley of the 86th, Purcell of the 9th, Johnston of the 81st, Titus of the 180th, Randolph of the 72nd and Scoggins of the 24th were excused from voting on HB 3.

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

FRIDAY, JANUARY 27, 1995

243

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard
Barnes Y Bates Y Benetield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johns ton Y Jones Y Joyce
YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Y Poston Y Powell Y Purcell, A
Purcell, B E Randall
Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkiield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling Snow
Y Stalling 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
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
Whitaker
Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods E Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 123. By Representatives Walker of the 141st, Lee of the 94th, Connell of the 115th, Stephenson of the 25th, Dixon of the 150th and others:
A resolution amending the Rules of the House of Representatives.

The following Committee substitute was read:

A RESOLUTION
Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES:
SECTION 1. The Rules of the House of Representatives are amended by striking in its entirety Rule 8 and inserting in lieu thereof a new Rule 8 to read as follows:
"Rule 8. Except as provided in this rule e* in Rate 146, all meetings of any committee or subcommittee of the House, including interim committees, shall be open to the pub lic. By a majority vote of a quorum of a committee or subcommittee, a meeting may be closed to the public when the committee or subcommittee is (1) discussing the future acquisition of real estate, (2) discussing the appointment, employment, or dismissal of a public officer or employee or disciplinary action against such officer or employee, or

244

JOURNAL OF THE HOUSE,

(3) hearing complaints or charges brought against a public officer or employee, unless the officer or employee requests that the meeting be open to the public."
SECTION 2. Said rules are further amended by striking in its entirety the eighth undesignated para graph of Rule 12 and inserting in lieu thereof a new paragraph to read as follows:
"Except for the presentation of the chaplain and the doctor of the day, no member shall be recognized for the purpose of introducing visitors in the gallery or on the floor of the House. The Speaker shall not recognize the presence of visitors in the gallery unless the Speaker deems their presence to be of such importance as to outweigh the value of con tinuing the business of the House. No person who is not a member of the House shall be recognized to speak unless such person shall have first been so invited by the adop tion of a resolution on or before the previous day. Any person who has been invited to speak before the House as a result of the adoption of a resolution shall not address the House until the period after the conclusion of the third reading of bills and resolutions or immediately after the House reconvenes after any recess and prior to the transaction of any other business, except that the Speaker shall have the discretion to waive this restriction when warranted by the prominence of the person or the significance of the occasion."
SECTION 3. Said rules are further amended by striking in its entirety Rule 26 and inserting in lieu thereof a new Rule 26 to read as follows:
"Rule 26. Should any member of the House be dissatisfied with the ruling of the Speaker on any point, such member shall rise and respectfully address the Speaker and say: 'I appeal from the decision of the chair.' The Speaker will then state to the House the point ruled on and the Speaker's decision on it. Debate on the correctness of the ruling shall be limited to 20 minutes. The Speaker shall put the question of appeal to the House for a vote. The ruling of the Speaker shall be sustained unless overruled by the vote of a majority of those voting, provided the total voting shall constitute a quo rum. All appeals from the decision of the chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error of the chair and before the appeal is sought. Any member may have entered on the journal a protest in writing based on any ruling so made. Said protest shall clearly and succinctly set forth the grounds of such protest and shall not exceed 200 words. It shall not impugn the motive of the House or any member thereof."
SECTION 4. Said rules are further amended by striking in its entirety Rule 29 and inserting in lieu thereof a new Rule 29 to read as follows:
"Rule 29. The Committee on Rules shall arrange and fix the calendar for each day's business for the last 21 days of each session the first regular session of each General Assembly and for the last 26 days of the second regular session of each General Assem bly. The rules calendar for each such day shall be set by the Committee on Rules on the legislative day prior to the legislative day on which the calendar shall be before the House. Copies of such calendar shall be printed and made available to the members of the House as quickly as is practicable following the setting of the calendar. Such calen dar shall be a standing and continuing special order during such period. There shall be no debate on the adoption of the calendar of the Committee on Rules. The provisions of this rule concerning the time for setting of the calendar may be waived by majority vote of the members elected to the House; and in that event the Committee on Rules may meet at any time to set a rules calendar or supplemental rules calendar."
SECTION 5. Said rules are further amended by striking in its entirety Rule 37 and inserting in lieu thereof a new Rule 37 to read as follows:

FRIDAY, JANUARY 27, 1995

245

"Rule 37. Questions of privilege shall be those affecting the rights, safety, and dignity of the House collectively and the integrity of its proceedings; and the rights, reputation, and conduct of members individually, in their representative capacity only. Questions of privilege shall have precedence over all other questions except a motion to adjourn, pro vided that, when any matter is pending before the House, no question of personal privi lege shall be acted on until disposition is made of the pending question. No member shall be allowed to rise on a point of personal privilege until the period immediately pre ceding the commencement of the third reading of bills and resolutions. The remarks of each member rising on a point of personal privilege shall be limited to a maximum of ten minutes on that point, but this time limit may be waived at the discretion of the Speaker or bj; a majority of a quorum."
SECTION 6. Said rules are further amended by striking in its entirety Rule 52 and inserting in lieu thereof a new Rule 52 to read as follows:
"Rule 52. A notice of a motion to engross a bill or resolution may be made prior to or upon reading the bill or resolution the first time, and at no other time. Such notice shall be made in writing and shall be provided to the Clerk; and the Clerk shall announce such notice upon the first reading of the bill or resolution. Following the giving of such notice, a motion to engross a bill or resolution may be made upon reading the bill or resolution the second time, and at no other time. When a motion to engross is made, no debate shall be permitted, except that the movant may speak to his or her motion not longer than five minutes and any one other member of the House may speak in opposition thereto for five minutes. No bill or resolution shall be engrossed except upon the affirmative vote of two-thirds of the members voting, provided the total vote consti tutes a quorum, or except by unanimous consent. In case of engrossment of any bill or resolution, the entry thereof shall be made by the Clerk and the bill or resolution shall not be amended or changed in any manner thereafter."
SECTION 7. Said rules are further amended by striking in its entirety Rule 55 and inserting in lieu thereof a new Rule 55 to read as follows:
"Rule 55. All reports of a committee shall be in writing. The minority of a committee may make a report in writing, setting forth succinctly the reasons for its dissent. Wherever practicable, each committee shall include with its report on each general bill or resolution a brief resume of the bill. If the committee shall so order, the Clerk shall have the majority such report printed and distributed to the members of the House. If a minority report is written, and a majority of the minority of the committee shall so order, the Clerk shall have the minority report printed and distributed to members of the House."
SECTION 8. Said rules are further amended by striking in its entirety Rule 58 and inserting in lieu thereof a new Rule 58 to read as follows:
Rule 58. Whenever any bill or resolution has been referred to a committee and the com mittee has held the bill or resolution in its custody or control for ten legislative days without reporting on it, any member of the House shall have the right, immediately after the confirmation of the journal, to serve notice that at the next regular meeting day of the House he or she will submit a procedural motion instructing such committee to report such bill or resolution back to the House. On the next regular meeting day of the House after such notice has been given, any member of the House, immediately after the confirmation of the journal, may move to instruct such committee to report such bill or resolution back to the House. The vote on such motion shall be a procedural vote and not a vote on the merits of the bill or resolution, and the journal shall so recite when the vote is recorded in the journal. If the motion is passed by two-thirds ef these

246

JOURNAL OF THE HOUSE,

voting, if those voting constitute a quorum the same number of votes required for pas sage by the House of the bill or resolution in question, it shall be the duty of such com mittee to report such bill or resolution accordingly, with or without recommendation, at the next regular meeting daVj and such bill or resolution shall be placed upon the gen eral calendar. Upon failure of the committee to report such bill or resolution accord ingly, it shall automatically be returned te the Hes f-e* consideration discharged from the committee and placed upon the general calendar in the same manner as if reported by the committee without recommendation. Debate on such motion to instruct the com mittee to report a bill or resolution back to the House shall be limited to 20 minutes unless otherwise ordered by the House. When such bill or resolution is so reported or returned te the Hease discharged, it may be referred or committed as other bills or reso lutions.
Any motion or resolution to set a special order or to change the order of business for any particular day which has been referred to the Committee on Rules may be held in the custody and control of such committee for only three days."
SECTION 9. Said rules are further amended by striking in its entirety Rule 96 and inserting in lieu thereof a new Rule 96 to read as follows:
"Rule 96. If the motion to lay on the table prevails, it removes the measure from the consideration of the House, together with all the motions attached to it at the time.
When a proposition is taken from the table, it stands before the House in the exact form, with all the motions pertaining to it, as it stood at the time the motion to lay on the table prevailed. The measure and all motions shall remain in numerical order on the general calendar; provided, however, if the measure is tabled dwJRg the test 24: days efa session and taken from the table on the same legislative day when the rules calendar is in effect, it shall remain on that day's rules calendar and shall be treated as any other measure then on the rules calendar."
SECTION 10. Said rules are further amended by striking in its entirety Rule 107 and inserting in lieu thereof a new Rule 107 to read as follows:
"Rule 107. There are three ways in which a proposition may be amended:
(1) By inserting or adding words, numbers, punctuation, or letters. (2) By striking out words, numbers, punctuation, or letters. (3) By striking out and inserting words, numbers, punctuation, or letters.
An amendment is subject to be amended in all three of the ways mentioned above, but it is not permissible to amend an amendment to an amendment, except by unanimous consent.
No amendment to any appropriations bill shall be in order if the amendment has the effect of both reducing one appropriation and either increasing another appropriation or adding a new appropriation. No amendment to any appropriations bill increasing any appropriation or adding a new appropriation shall be in order unless there has previ ously been adopted an amendment reducing some other appropriation so as to make funds available for such new or increased appropriation; and no amendment to any appropriations bill shall be in order which would cause the bill to violate the balanced budget requirements of the Constitution.
A majority of a quorum voting is necessary to amend any bill, resolution, or proposi tion."
SECTION 11. Said rules are further amended by striking in its entirety Rule 139 and inserting in lieu thereof a new Rule 139 to read as follows:

FRIDAY, JANUARY 27, 1995

247

"Rule 139. If the taking of yeas and nays is required by the Constitution, by House rule, or by law, the electric roll-call system shall be used, unless the Speaker orders the Clerk to take a viva voce roll call. On all other questions or propositions, the Speaker may, in the Speaker's discretion, order a division of the House, a roll call on the electric rollcall system, or a viva voce roll call.
When the House is ready to vote upon a question and the vote is to be by the electric roll-call system, the Speaker shall state: 'The question is on (designating the matter to be voted upon). All in favor of such question shall vote "Aye," and all opposed shall vote "No."' The Speaker shall then have the voting machine unlocked.
The machine shall remain unlocked for voting for a period of at least 60 seconds, after which the machine shall be locked by the Clerk on order of the Speaker and the votes sriQii pe tflouistted. When sufficient time 1139 elflpscd tor escn memoer to vote, tjftC1 Speaker shaH aste 'Have art members voted?'
The Speaker shall then have th machine locked al announce the results."
SECTION 12. Said rules are further amended by striking in its entirety Rule 146 and inserting in lieu thereof a new Rule 146 to read as follows:
"Rule 146. Whenever any member moves that a committee of conference be appointed, on disagreeing votes or other matters of the two houses, and the motion prevails, the Speaker shall appoint three members for the committee who voted in the majority on the position assumed by the House on the passage of the bill or resolution, if such vote has been recorded.
The committee of conference, once appointed, may consider the whole subject matter embraced in a bill, resolution, or other matter before it and may recommend recision by either house, new amendments, new bills and resolutions, or other germane changes. However, when a motion to instruct a committee of conference prevails by the majority required for final passage by the House of the bill or resolution in question, the House conferees may not recede from or change the subject matter contained in the bill or res olution in question as specified by such motion to instruct. Such motion shall be debat able and shall be in order immediately after the committee of conference is appointed and only before the transaction of other business and shall be applicable only to the presently appointed committee of conference.
When a committee ef conference has been appointed afld has begun meeting, if two Sen-

to iHfii^e sound liscQl rccommendQtioriS) fts ft result or puDlic meetings, ft report or tnis decision sfiQ.il i&e indue Dy trie .House conferees to tne tun House* 1 tie tun H.OUSC snftix
report, the committee ef- conference shall continue its deliberations m executive session. The committee of conference may establish rules for the conduct of its meetings which are not in conflict with this rule. Said meetings shall be open to the public at all times, except as provided in Rule 8.
A report of a committee of conference must be approved by a majority vote of the entire membership of the committee before the report may be transmitted to either the Senate or the House.
After a committee of conference has been in existence for five days and has failed to make a report to the House on the question under consideration, the House, on motion and by a majority vote of all members elected to the House, may discharge the House conferees and direct the Speaker to appoint another committee of conference. However, during the last five days of the session such motions may be made and passed at any time, but not more often than every three hours.

248

JOURNAL OF THE HOUSE,

All reports of committees of conference shall be printed and distributed to the Repre sentatives at least one hour prior to consideration of the same unless such requirement is dispensed with by a majority vote of all members elected to the House.
All reports of committees of conference must be adopted by the vote required to pass the bill, resolution, or matter under consideration; The report of a committee of confer ence shall not be subject to amendment or substitution by the House and can only be adopted or rejected as reported by the committee of conference. Any report of a com mittee of conference which is amended or substituted for by the Senate shall be consid ered by the House as having been rejected by the Senate."

The following amendment was read:
Representative Klein of the 39th moves to amend the Committee substitute to HR 123 as follows: Strike Section 4 in its entirety from P. 2, L. 34 through P. 3, L. 13. Renumber subsequent sections accordingly. The effect of this amendment shall be to maintain the present length of the House Rules Calendar.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe Bailey
N Baker Y Bannister
N Barfoot N Bargeron
Y Barnard Barnes
N Bates N Beneiield N Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J
Brush NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless E Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell N Cox Y Crawlord

Y Crews N Culbreth N Cummings
N Davis, G Y Davis, M N Day N DeLoach, B Y DeLoach, G
N Dix N Dixon, H
N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans
Y Falls Y Felton N Floyd
N God bee Y Golden Y Goodwin
N Greene Y Grindley N Hanner N Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G
Y Johnson, J Y Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein
YLadd Y Lakly N Lane Y Lawrence
NLee N Lewis Y Lifsey N Lord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B
N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

N Parham
N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter Y Poston N Powell N Purcell, A N Purcell, B E Randall N Randolph
NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan N Shaw N Sherrill
N Shipp N Simpson N Sinktield
N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 59, nays 112. The amendment was lost.

Y Smith, W N Smyre Y Snelling N Snow N Stallings 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
Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmorland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J N Williams, R
Y Woods E Yates
Murphy, Spkr

The following amendment was read:

FRIDAY, JANUARY 27, 1995

249

Representative Mann of the 5th moves to amend the Committee substitute to HR 123 as follows:
Delete lines 22 through line 33 on page 6.

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

N Ashe Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnard
Barnes N Bates N Benefield N Birdsong N Bordeaux
Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J
Brush N Buck N Buckner Y Bunn N Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless
E Channel! N Childers N Coker
Y Coleman, B N Coleman, T N Connell NCox
Y Crawford

Y Crews N Culbreth
N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G Y Dix
Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton
Floyd
N Godbee N Golden Y Goodwin N Greene Y Grindley
N Hanner Y Harbin Y Harris N Hart N Heard
N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins Y Johnson, G N Johnson,J Y Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein Y Ladd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord
N Lucas Y Maddox YMann N Martin N McBee
N McCall N McClinton N McKinney Y Mills N Mobley, B
N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

N Parham N Parrish N Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B E Randall
N Randolph N Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinktield N Skipper
N Smith, C Y Smith, C.VV
N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 50, nays 119. The amendment was lost.

Y Smith, W N Smyre N Snelling N Snow N Stallings
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 N Trense
Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B Y Williams, J N Williams, R Y Woods E Yates
Murphy, Spkr

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to HR 123 as follows:
Page 8 line 39 delete period and insert the following:
"; provided, however, if the report of a Committee of Conference amends 50% or more Code sections or contains 50% or more pages than the original bill as passed by the House, it shall lay on the desks of the members on the House at least 24 hours before final passage."

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

N Ashe Bailey
N Baker

Y Bannister N Barfoot N Bargeron

Y Barnard Barnes
N Bates

N Benefield N Birdsong N Bordeaux

Bostick Y Breedlove Y Brooks, D

250

JOURNAL OF THE HOUSE,

N Brooks, T N Brown, G Y Brown, J
Brush NBuck N Buckner Y Bunn N Burkhalter
N Byrd Y Campbell
N Canty N Carter N Chambless E Channel! N Childers N Coker Y Coleman, B N Coleman, T N Connell
NCox Y Crawtord
Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B
Y DeLoach, G N Dix N Dixon, H
N Dixon, S N Dobbs

Y Ehrhart N Epps Y Evans Y Falls Y Felton
Floyd
N Godbee N Golden Y Goodwin N Greene Y Grindley N Manner N Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson
N Holland N Holmes N Howard N Hudson N Hugley Y Irvin
N James N Jamieson N Jenkins Y Johnson, G N Johnson,J Y Johnston
N Jones

Y Joyce Y Kaye N Kinnamon Y Klein YLadd Y Lakly N Lane
Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons
N Pelote N Perry Y Pinholster

N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B E Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W
N Smyre Y Snelling

On the adoption of the amendment, the ayes were 46, nays 122. The amendment was lost.

N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery Y Trense
Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmorland N Whitaker N White Y Wiles
Williams, B Y Williams, J N Williams, R
Y Woods E Yates
Murphy, Spkr

The following amendment was read:

Representative Irvin of the 45th, et al. move to amend the Committee substitute to HR 123 by striking Section 8 of the resolution and inserting in its place a new Section 8 to read as follows:
"SECTION 8.
Said rules are further amended by striking in its entirety Rule 58 and inserting in lieu thereof a new Rule 58 to read as follows:
'Rule 58. Whenever any bill or resolution has been referred to a committee and the committee has held the bill or resolution in its custody or control for ten legislative days without reporting on it, any member of the House shall have the right, immediately after the confirmation of the journal, to serve notice that at the next regular meeting day of the House he or she will submit a procedural motion instructing such committee to report such bill or resolution back to the House. On the next regular meeting day of the House after such notice has been given, any member of the House, immediately after the confirmation of the journal, may move to instruct such committee to report such bill or resolution back to the House. The vote on such motion shall be a procedural vote and not a vote on the merits of the bill or resolution, and the journal shall so recite when the vote is recorded in the journal. If the motion is passed by two-thirda ef these voting, if- those voting constitute a quorum the same number of votes required for pas sage by the House of the bill or resolution in question, it shall be the duty of such com mittee to report such bill or resolution accordingly, with or without recommendation, at the next regular meeting day. Upon failure of the committee to report such bill or reso lution accordingly, it shall automatically be returned to the House for consideration. Debate on such motion to instruct the committee to report a bill or resolution back to the House shall be limited to 20 minutes unless otherwise ordered by the House. When

FRIDAY, JANUARY 27, 1995

251

such bill or resolution is so reported or returned to the House, it may be referred or committed as other bills or resolutions.
Any motion or resolution to set a special order or to change the order of business for any particular day which has been referred to the Committee on Rules may be held in the custody and control of such committee for only three days.'"

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

Y Ashe Bailey
N Baker Y Bannister N Barfoot N Bargeron
Y Barnard
Barnes N Bates N Benefield
N Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J
Brush NBuck
N Buckner
Y Bunn
Y Burkhalter
N Byrd Y Campbell
N Canty
N Carter N Chambless E Channel!
N Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox
Y Crawford

Y Crews
N Culbreth
N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H
N Dixon, S
N Dobbs
Y Ehrhart
N Epps
Y Evans
Y Falls Y Felton
Floyd
N Godbee N Golden Y Goodwill N Greene
Y Grindley N Manner Y Harbin Y Harris N Hart
N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
N Howard N Hudson

N Hugley
Y Irvin N James N Jamieson N Jenkins
Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye
N Kinnamon
Y Klein YLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox
YMann N Martin N McBee N McCall
N McClinton N McKinney Y Mills N Mobley, B
N Mobley, J
N Mosley Y Mueller N O'Neal N Orrock

N Parham
N Parrish
Y Parsons
N Pelote
N Perry
Y Pinholster
N Polak Porter
N Poston N Powell
Purcell, A N Purcell, B E Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
N Scoggins
N Shanahan NShaw N Sherrill Y Shipp N Simpsun N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 63, nays 105. The amendment was lost.

Y Smith, W N Smyre Y Snelling N Snow N Stallings
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
Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson
N Watts Y Westmorland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods E Yates
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
Bailey Y Baker Y Bannister Y Barfoot
Y Bargeron Y Barnard
Barnes Y Bates Y Benefield

Y Birdsong Y Bordeaux
Bostick
Y Breedlove
Y Brooks, D
Y Brooks, T Y Brown, G Y Brown, J
Brush YBuck

Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers

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

Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart
YEpps

252

JOURNAL OF THE HOUSE,

Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart
Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
Y James Y Jamieson

Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills

Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal

Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods E Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 169, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

The Speaker Pro Tem assumed the Chair.

HB 128. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessment of effectiveness of educational programs, so as to provide for issuance of a warranty affirming a student's preparation to each student receiving a high school diploma; to provide that when, under certain conditions, a person to whom such a warranty has been issued is identified as deficient in certain skills, such person may enroll free of charge in related classes offered by any technical and adult education school.

Representative Smith of the 174th moved that further consideration of HB 128 be postponed until Monday, January 30, 1995.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnard
Barnes Bates Y Beneiield Birdsong N Bordeaux Bostick N Breedlove Y Brooks, D N Brooks, T Brown, G Y Brown, J Brush

N Buck
N Buckner Y Bunn Y Burkhalter
NByrd Campbell
N Canty Y Carter Y Chambless E Channell Y Childers
Y Coker Y Coleman, B N Coleman, T
Connell YCox
Y Crawford Y Crews N Culbreth

N Cummings N Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H E Dixon, S N Dobbs
Y Ehrhart N Epps Y Evans
Y Falls Y Felton
Floyd N Godbee N Golden Y Goodwin

Greene Y Grindley Y Hanner Y Harbin Y Harris
NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
N Howard Y Hudson N Hugley Y Irvin
N James Jamieson

N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones
Y Joyce YKaye N Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis
Y Lifsey Lord
Y Lucas Y Maddox

FRIDAY, JANUARY 27, 1995

253

YMann N Martin N McBee
McCall
N McClinton
V McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal
N Orrock Y Parham
N Parrish
Y Parsons
Y Pelote

N Perry
Y Pinholster N Polak N Porter N Poston
Powell N Purcell, A Y Purcell, B E Randall N Randolph
Ray Y Reaves
Y Reichert
N Roberts N Rogers Y Royal
Y Sanders

Y Sauder
N Scoggins Y Shanahan NShaw
N Sherrill Y Shipp
Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P
Y Smith, T
Y Smith, V
Y Smith, W Smyre

Y Snelling N Snow N Stallings N Stand), 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

Turnquest N Twiggs N Walker, L Y Walker, R.L Y Wall N Watson
Watts Y Westmorland Y Whitaker N White Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R Woods
E Yates
Murphy, Spkr

On the motion, the ayes were 81, nays 71. The motion prevailed.

The Speaker assumed the Chair.

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

254

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 30, 1995

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 Baker Bargeron Barnard Barnes Bates Benefield
Birdsong Bordeaux
Bostick
Breedlove Brooks, T Brown, J
Brush
Buck Buckner Bunn Burkhalter
Byrd Campbell
Canty Carter Chambless
Childers
Coker
Coleman, B
Coleman, T Connell
Cox
Crawford
Crews

Culbreth Cummings
Davis, G
Day
DeLoach, B
DeLoach, G Dix
Dixon, H
Dixon, S
Dobbs Epps Evans Falls Felton Floyd Golden Goodwin Greene Harbin Harris
Hart
Heard Heckstall Hegstrom
Hembree
Henson
Holland Holmes Howard Hudson
Hugley

James Jamieson Jenkins Johnson, G Johnson, J Jobnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lawrence Lee Lewis Lifsey Lord Maddox Mann
Martin
McBee McCall McClinton
McKinney
Mills
Mobley, J
Mosley
Mueller O'Neal

Orrock Par ham Parrish Parsons Pelote Pinholster
Poston Powell Purcell, A Purcell, B Randall Randolph
Ray
Reaves Roberts Rogers Royal Sanders Scoggins Shanahan
Sherrill
Shipp Simpson Sinkfield
Skipper
Smith, C
Smith, C.W Smith, L Smith, P Smith, T

Smith, V Smith, W Snelling Stallings Stancil, F Stancil, S Stephenson Streat Taylor Teper Thomas Tillman Titus Towery
Twiggs Walker, L Walker, R.L Wall
Watson Watts
Westmorland
Whitaker
White Wiles Williams, B Williams, J
Williams, R
Woods Yates
Murphy

The following members were off the floor of the House when the roll was called:
Representatives Bannister of the 77th, Mobley of the 69th, Polak of the 67th, Turnquest of the 73rd, Bailey of the 93rd, Barfoot of the 155th, Lucas of the 124th, Irvin of the 45th, Ehrhart of the 36th, Stanley of the 50th, Sauder of the 29th, Reichert of the 126th, Godbee of the 145th, Davis of the 60th, Perry of the llth, Hanner of the 159th and Teague of the 58th.
They wish to be recorded as present.

Prayer was offered by the Reverend James H. Carter, Pastor, Canaan Baptist Church, Columbus, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

MONDAY, JANUARY 30, 1995

255

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

HB 461. By Representative Brooks of the 54th:
A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to Aid to Families with Dependent Children, so as to repeal Code Section 49-4-111, relating to employment and job-finding assistance to recipients of Aid to Families with Dependent Children and food stamps; to repeal Code Section 49-4-112, relating to ineligible applicants for assistance.
Referred to the Committee on Children and Youth.
HB 462. By Representatives Watson of the 139th, Walker of the 141st, Skipper of the 137th, Connell of the 115th, Culbreth of the 132nd and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to require the state revenue commissioner to enter into a federal agreement with respect to withholding of state income taxes on benefits paid to certain annu itants.
Referred to the Committee on Ways & Means.
HB 463. By Representatives Maddox of the 108th, Pinholster of the 15th, Campbell of the 42nd, Burkhalter of the 41st, Smith of the 102nd and others:
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 for special and distinctive license plates for members of Rotary International.
Referred to the Committee on Motor Vehicles.
HB 464. By Representatives Crews of the 78th, Birdsong of the 123rd, Stephenson of the 25th, Ehrhart of the 36th, Purcell of the 9th and others:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to the state militia, so as to provide that certain reemployment rights, privileges, and benefits granted to persons in the military service shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service.
Referred to the Committee on Defense & Veterans Affairs.

256

JOURNAL OF THE HOUSE,

HB 465. By Representative Ashe of the 46th:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide for charter schools.
Referred to the Committee on Education.
HB 466. By Representatives Williams of the 63rd, Watts of the 26th and Lawrence of the 64th:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehi cles, so as to provide that in the case of a motor vehicle or trailer, a transac tion shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale.
Referred to the Committee on Banks & Banking.

HB 467. By Representative Stancil of the 91st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 468. By Representative Cox of the 160th:
A bill to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to change the method for computing minimum compensation for magistrates, chief magistrates, and senior magistrates; to provide for increases in such minimum compensation.
Referred to the Committee on Judiciary.

HB 469. By Representative Cox of the 160th:
A bill to amend Article 1 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding magistrate courts, so as to provide for the monetary jurisdiction of civil claims in magistrate court to be set at $7,500.00.
Referred to the Committee on Judiciary.

HB 470. By Representative Cox of the 160th:
A bill to amend Chapter 10 of Title 15 of the Official Code of Georgia Anno tated, relating to magistrate court, so as to provide jurisdiction for the trial and sentencing of additional misdemeanors; to provide when such jurisdiction shall be exercised; to provide for removal and waiver of jury trial; to provide for prosecution.
Referred to the Committee on Judiciary.

HB 471. By Representative Watson of the 139th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to change the provisions relating to the general powers of the State Board of Registra tion of Professional Engineers and Land Surveyors.
Referred to the Committee on Industry.

MONDAY, JANUARY 30, 1995

257

HB 472. By Representatives Purcell of the 147th and Cummings of the 27th:
A bill to amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Teachers Retirement Sys tem of Georgia, so as to provide for a postretirement benefit adjustment and for a definition relative thereto.
Referred to the Committee on Retirement.

HB 473. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and sal aries of public officers and employees, so as to authorize departments, agen cies, authorities, or commissions of the state to participate in any program to provide their employees a mass transit employee benefit.
Referred to the Committee on State Planning & Community Affairs.

HB 474. By Representatives Stancil of the 91st, Coleman of the 142nd, Porter of the 143rd and Parham of the 122nd:
A bill to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to state motor vehicle transportation, so as to change the reimbursement rate for actual traveling expenses incurred when traveling in the service of the state by personal motor vehicle.
Referred to the Committee on Appropriations.

HB 475. By Representatives Henson of the 65th, Lawrence of the 64th, Baker of the 70th, Sherrill of the 62nd, Teper of the 61st and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association shall not be exempt from and shall be subject to certain taxes.
Referred to the Committee on State Institutions & Property.

HB 476. By Representatives Snow of the 2nd and Coker of the 31st:
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 provide an offense for telephoning another for the purpose of annoying, harassing, or molesting, such person or his or her family.
Referred to the Committee on Special Judiciary.

HB 477. By Representatives Teper of the 61st, Watson of the 139th and Ray of the 128th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title.
Referred to the Committee on Industry.

258

JOURNAL OF THE HOUSE,

HB 478, By Representatives Evans of the 28th, Ladd of the 59th, Johnson of the 97th, Ehrhart of the 36th, Irvin of the 45th and others:
A hill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to prohibit centralized emission testing in Georgia.
Referred to the Committee on Motor Vehicles.

HB 479. By Representatives Hart of the 116th, Taylor of the 134th, Hugley of the 133rd, Mobley of the 69th, Teague of the 58th and others:
A hill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipline, so as to change the provisions regarding definitions; to require boards of education to establish student codes and standards of conduct for certain purposes; to provide for permanent explusions.
Referred to the Committee on Education.

HB 480. By Representatives Snow of the 2nd, Coker of the 31st and Purcell of the 147th:
A bill to amend Code Section 17-5-54, relating to the disposition of personal property in the custody of law enforcement agencies, so as to provide for the advertising and sale in lots of items valued at $30.00 or less.
Referred to the Committee on Public Safety.

HB 481. By Representatives Holland of the 157th, Holmes of the 53rd, Dixon of the 168th, Parham of the 122nd, Canty of the 52nd and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the grievance system for classified employees.
Referred to the Committee on State Planning & Community Affairs.

HB 482. By Representatives Epps of the 131st, Smith of the 102nd and Brown of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to provide for legislative intent; to change the length of the terms of mem bers of the board of education.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 486. By Representatives Lakly of the 105th and Westmoreland of the 104th:
A bill to create a new judicial circuit for the State of Georgia, to be known as the Fayette Judicial Circuit, to be composed of the County of Fayette.
Referred to the Committee on Judiciary.

HB 489. By Representatives Dixon of the 150th and Smith of the 174th:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Anno tated, relating to pilots and pilotage, so as to change the provisions relating to prescribing rules and regulations relating to pilotage fees; to change the provisions relating to qualifications for a pilot's license.
Referred to the Committee on Industry.

MONDAY, JANUARY 30, 1995

259

HB 490. By Representatives Streat of the 167th, Benefield of the 96th, Floyd of the 138th, Shaw of the 176th, Smith of the 169th and others:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to the regulation and use of public roads generally, so as to change provisions relating to weights authorized for vehicles carrying nonuniform and noncontainerized loads to the point of the first delivery.
Referred to the Committee on Transportation.

HR 188. By Representative Ehrhart of the 36th:
A resolution urging the United States Congress to cease to appropriate funds for any military activity not authorized by Congress.
Referred to the Committee on Motor Vehicles.

HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th, Brooks of the 54th, Brown of the 117th and others:
A resolution designating a portion of State Highway 56 as the Michael J. Padget, Sr., Highway.
Referred to the Committee on Transportation.

HR 190. By Representatives Johnston of the 81st, Towery of the 30th, Harbin of the 113th, Williams of the 83rd, Goodwin of the 79th and others:
A resolution proposing an amendment to the Constitution so as to provide that 20 percent of net proceeds from the sale of lottery tickets or shares of the lottery or lotteries for education shall be appropriated by the General Assembly for equal grants to each local school system and shall be used and expended by the local board of education in such manner and for such edu cational programs and purposes as shall be determined.
Referred to the Committee on Appropriations.

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

HB 434 HB 435 HB 436 HB 437 HB 438 HB 439 HB 440 HB 441 HB 442 HB 443 HB 444 HB 445 HB 446 HB 447 HB 448 HB 449 HB 450 HB 451 HB 452

HB 453 HB 454 HB 455 HB 456 HB 457 HB 458 HB 459 HB 460 HB 483 HB 484 HB 485 HB 487 HB 488 HR 171 HR 172 HR 173 HR 174 SB 23 SB 45

260

JOURNAL OF THE HOUSE,

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 412 Do Pass, as Amended HB 427 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 412. By Representative Smith of the 102nd:
A bill to authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Harris County.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB 541."2. by striking on line 1 of page 2 "SECTION 4." and inserting in lieu thereof "SECTION

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 94, nays 4. The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 427, By Representative Birdsong of the 123rd: A bill to amend an Act providing for a new charter for the City of Gordon, so as to change the powers of the judge of the municipal court.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 4. The Bill, having received the requisite constitutional majority, was passed.
The following message was received from the Senate through Mr. Eldridge, the Secre tary thereof:
Mr. Speaker: The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

MONDAY, JANUARY 30, 1995

261

SB 8. By Senators Guhl of the 45th and Thomas of the 10th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence; to limit such evidence.

SB 17. By Senators Pollard of the 24th, Broun of the 46th and Ray of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' com pensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, as desig nated and authorized by the board of directors of that organization, or for the Atlanta Paralympic Organizing Committee, shall be deemed an employee of the organization for purposes of workers' compensation.

SB 29. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th and others:
A bill to amend Code Section 48-2-6 of the Official Code of Georgia Anno tated, relating to the organization of the Department of Revenue and employees and compensation, so as to provide that the commissioner may contract with certain entities for the collection of delinquent taxes and that such contracts shall provide for compensation only on a commission or con tingency fee basis.

SB 50. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Annotated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of commencement to a subcontractor, materialman, or person who makes a written request for such notice; to provide that such notice shall be given by the contractor.

SB 60. By Senators Clay of the 37th, Egan of the 40th, McGuire of the 30th and Newbill of the 56th:
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 pos session of open containers of alcoholic beverages in a motor vehicle; to pro vide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle.

SB 69. By Senators Thomas of the 10th, Oliver of the 42nd, Hill of the 4th and Marable of the 52nd:
A bill to amend Code Section 31-5-9 of the Official Code of Georgia Anno tated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt; to provide for enforcement by contempt action.

262

JOURNAL OF THE HOUSE,

SB 87. By Senator Farrow of the 54th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the O.C.G.A., relating to general provisions relative to abandoned motor vehicles, so as to provide for reasonable attorney's fees for persons acquiring and foreclosing liens on abandoned motor vehicles; to limit the amount of such fees recoverable; to provide for a hearing in certain instances and for collection of such attorney's fees,

HB 90. By Representatives Buck of the 135th, Baker of the 70th, Birdsong of the 123rd and others:
A bill to amend Chapter 2 of Title 48 of the Official Code of Georgia Anno tated, relating to state administrative organization, administration, and enforcement, so as to provide for the refund of certain income taxes to cer tain retired federal employees; to provide for a short title.

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

SR 30. By Senators Kemp of the 3rd, Farrow of the 54th, Perdue of the 18th, Hooks of the 14th and Boshears of the 6th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.

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

SB 8. By Senators Guhl of the 45th and Thomas of the 10th:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence; to limit such evidence.
Referred to the Committee on Judiciary.

SB 17. By Senators Pollard of the 24th, Broun of the 46th and Ray of the 19th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' com pensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, as desig nated and authorized by the board of directors of that organization, or for the Atlanta Paralympic Organizing Committee, shall be deemed an employee of the organization for purposes of workers' compensation.
Referred to the Committee on Industrial Relations.

MONDAY, JANUARY 30, 1995

263

SB 29. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th and others:
A bill to amend Code Section 48-2-6 of the Official Code of Georgia Anno tated, relating to the organization of the Department of Revenue and employees and compensation, so as to provide that the commissioner may contract with certain entities for the collection of delinquent taxes and that such contracts shall provide for compensation only on a commission or con tingency fee basis.
Referred to the Committee on Ways & Means.

SB 50. By Senator Langford of the 29th:
A bill to amend Code Section 44-14-361.5 of the Official Code of Georgia Annotated, relating to liens of persons without privity of contract, so as to change the provisions relating to who shall be required to give a copy of a notice of commencement to a subcontractor, materialman, or person who makes a written request for such notice; to provide that such notice shall be given by the contractor.
Referred to the Committee on Judiciary.

SB 60. By Senators Clay of the 37th, Egan of the 40th, McGuire of the 30th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to pos session of open containers of alcoholic beverages in a motor vehicle; to pro vide that it shall be unlawful for any person to possess an open container of an alcoholic beverage while operating a motor vehicle or while a passenger in a motor vehicle.
Referred to the Committee on Special Judiciary.

SB 69. By Senators Thomas of the 10th, Oliver of the 42nd, Hill of the 4th and oth ers:
A bill to amend Code Section 31-5-9 of the Official Code of Georgia Anno tated, relating to injunctions for enjoining violations of the provisions of this title, so as to exempt certain injunction cases filed by the Department of Human Resources and county boards of health from the automatic supersedeas provisions of Code Section 5-6-13, relating to the granting of supersedeas in cases of contempt; to provide for enforcement by contempt action.
Referred to the Committee on Special Judiciary.

SB 87. By Senator Farrow of the 54th:
A bill to amend Article 1 of Chapter 11 of Title 40 of the O.C.G.A., relating to general provisions relative to abandoned motor vehicles, so as to provide for reasonable attorney's fees for persons acquiring and foreclosing liens on abandoned motor vehicles; ,o limit the amount of such fees recoverable; to provide for a hearing in certain instances and for collection of such attorney's fees.
Referred to the Committee on Motor Vehicles.

264

JOURNAL OF THE HOUSE,

SR 30. By Senators Kemp of the 3rd, Farrow of the 54th, Perdue of the 18th and others:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Governmental Affairs.

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

HR 191. By Representative Floyd of the 138th:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Jan Odom, Mr. J.R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stephens and inviting them to appear and be recognized before the House of Representatives.

HR 192. By Representatives Mosley of the 171st, Byrd of the 170th and Hudson of the 156th:
A resolution commending Joe Colon, Jr., and inviting him to appear before the House of Representatives.

HR 197. By Representatives Reaves of the 178th, Floyd of the 138th, Hudson of the 156th, Purcell of the 147th, Royal of the 164th and others:
A resolution recognizing and commending the Georgia Farm Bureau Federa tion and inviting its president to appear before the House of Representatives.

Representative Ehrhart of the 36th arose to a point of personal privilege and addressed the House.

Representative Buckner of the 95th arose to a point of personal privilege and addressed the House.

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

HB 87. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide for the criminal offense of commission of a crime by a con victed felon through the use of a firearm.

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

MONDAY, JANUARY 30, 1995

265

Y Ashe Y Bailey
Baker Y Bannister
Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benetield Y Birdsong
Y Bordeaux Bostick
Y Breedlove Brooks, D
N Brooks, T Brown, G
Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans
Y Falls Y Felton Y Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris N Hart Y Heard Y Heckstall N Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard
Y Hudson

Hugley Y Irvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye
Kinnamon Y Klein YLadd Y Lakly E Lane Y Lawrence YLee Y Lewis Y Lifsey YLord
N Lucas Y Maddox YMann N Martin Y McBee Y McCall Y McClinton
N McKinney Y Mills N Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B N Randall Y Randolph
YRay Y Reaves Y Reichert
N Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan EShaw Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper N Thomas Y Tillman Y Titus Y Towery Y Trense N Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmorland
Y Whitaker White
Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 147, nays 14. The Bill, having received the requisite constitutional majority, was passed.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 176. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the pro visions relating to venue in juvenile proceedings; to provide that a juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit where such judge presides.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to venue in juvenile proceedings; to provide that a juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit where such judge presides; to repeal conflicting laws; and for other pur poses.

266

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-15, relating to venue in juvenile proceedings, and inserting in lieu thereof a new Code Section 15-11-15 to read as follows:
"15-11-15. (a) A proceeding under this article may be commenced in the county in which the child resides. If delinquent or unruly conduct is alleged, the proceeding may be commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced. A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit. (b) When However, when a superior court judge sits as juvenile court judge, hearings in connection with any proceeding under this article may be heard before the judge in any county within the judicial circuit over which the judge presides."
SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-16, relating to the transfer to the county of residence for disposition following an adjudication, and inserting in lieu thereof the following:
"(a) As used in this Code section, the term: (1) 'Adjudicating court' means the juvenile court which makes a finding that a child has committed an unruly or delinquent act. (2) 'Nonresident child' means a child who is a resident of a county of this state other than the a county i which encompassed by the circuit of the adjudicating court sits. (3) 'Resident child' means a child who is a resident of the a county t which encom passed by the circuit of the adjudicating court sits."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe
Y Bailey Y Baker
Y Bannister Y Barfoot
Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck Y Buckner

Y Bunn
Y Burkhalter Y Byrd
Y Campbell Y Canty
Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day

Y DeLoach, B
Y DeLoach, G Y Dix
Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls
Felton Y Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart

Y Heard
Y Heckstall Y Hegstrom
Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson
Hugley Y Irvin Y James Y Jamiesun Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye
Kinnamon

Y Klein
Y Ladd Y Lakly
E Lane Y Lawrence
Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

MONDAY, JANUARY 30, 1995

267

Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Y Scoggins
Y Shanahan
E Shaw
Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre
Y Snelling
Snow
Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B
Y Williams, J
Y Williams, R
Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 231. By Representatives Smith of the 109th, Jenkins of the 110th, Maddox of the 108th and Sanders of the 107th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to the appointment and compensation of assistant district attorneys, so as to provide that, in any circuit where a person holding office as a judge of the superior courts of this state is effectively removed from such office by a federal court order and subsequently becomes a special judge of the magistrate court, the number of assistant district attorneys in such cir cuit shall not be reduced.

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breedlove Brooks, D N Brooks, T Brown, G Y Brown, J Y Brush Y Buck
Y Buckner
Y Bunn
Y Burkhalter
Y Byrd
V Campbell
N Canty
Y Carter
Y Chambless E Channell

Y Childers
Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps
Evans
Y Falls
Y Felton
Y Floyd
Y Godbee
Golden
Y Goodwill Y Greene

Y Grindley
Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G
Y Johnson, J
Y Johnston
Y Jones
Y Joyce
Y Kaye
Y Kinnamon
Y Klein
Y Ladd Y Lakly

E Lane
Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock
Y Parham
Y Parrish
Y Parsons
N Pelote
Y Perry
Y Pinholster
Y Polak Porter

Y Poston
Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph Y Ray Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan E Shaw Y Sherrill Y Shipp Y Simpson
Y Sinkfield
Y Skipper
Y Smith, C
Y Smith, C.W
Y Smith, L
Y Smith, P
Y Smith, T
Y Smith, V Y Smith, W

268

JOURNAL OF THE HOUSE,

Y Smyre Y Snelling
Snow Y Stallings
Y Stancil, F Y Stancil, S
Stanley, L

Stanley, P Y Stephenson
Y Street Y Taylor
Teague Y Teper N Thomas

Y Tillman Y Titus
Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L

Y Walker, R.L Y Wall
Y Watson Y Watts
Y Westmoreland Y Whitaker N White

Y Wiles Y Williams, B
Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 7. The Bill, having received the requisite constitutional majority, was passed.

Representative Snow of the 2nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The Speaker Pro Tern assumed the Chair.

HB 107. By Representatives Ladd of the 59th, Johnson of the 97th, Barnard of the 154th and Westmoreland of the 104th:
A bill to amend Code Section 16-3-21 of the Official Code of Georgia Anno tated, relating to the use of force in the defense of self or others, so as to provide that there shall be a rebuttable presumption that a person who encounters an unauthorized intruder in his or her residence is justified in believing that he or she is in imminent danger of death or great bodily harm.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to criminal prosecution, so as to change the provisions relating to the use of force in the defense of self or others and in the defense of habitations or residences; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 16 of the Official Code of Georgia Annotated, relating to justification and excuse as defenses to criminal prosecution, is amended by striking subsec tion (a) of Code Section 16-3-21, relating to the use of force in the defense of self or oth ers, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reason ably believes that such force is necessary to prevent death or great bodily injury to him self or herself or a third person or to prevent the commission of a forcible felony."
SECTION 2. Said article is further amended by striking Code Section 16-3-23, relating to use of force in defense of habitation, and inserting in lieu thereof a new Code Section 16-3-23 to read as follows:
"16-3-23.

MONDAY, JANUARY 30, 1995

269

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to pre vent or terminate such other's unlawful entry into or attack upon a habitation^ however, JIG is justified ift trie use of lopcc wiiicii is intended of iiKeiy TO cduse dccitn Of rcflt bodily harm enly ife (b)(l) The entry is made er attempted in a violent and tumultuous manner ad fee reetsonflDiy Deiievcs tn&t trie entry is siteinpteu of mfide for tne purpose of ossflultinE of
is RCcessflry to prevent trie ftssfluit of orlef of persondl violence Any person using torce intended or likely to cause death or great bodily harm within his or her own residence is presumed to have held a reasonable belief that such force is necessary to defend him self or herself or a third person against an imminent use of unlawful force or to prevent death or great bodily injury to himself or herself or a third person or to prevent a forc ible felony within such residence when:
_(1_) _T_ha_t f_o_rc_e i_s _use_d a_g_ai_ns_t a_n_ot_he_r irson who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or (2) He or she reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the com mission of the felony."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Y Bates Y Benefield Y Birdsong
N Bordeaux Bostick
Y Breedlove
Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush YBuck
Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard
N Heckstall N Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly E Lane Y Lawrence YLee Y Lewis Y Lifsey YLord
Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham
Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Porter N Poston Y Powell
Y Purcell, A Y Purcell, B N Randall Y Randolph
YRay Y Reaves Y Reichert
N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan EShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Srr.yre
Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P N Stephenson Y Streat Y Taylor
Teague NTeper N Thomas Y Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts
Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

270

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 157, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 41. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus lines insurance, so as to provide that surplus line brokers' certificates shall contain a general statement of 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 dur ing the previous quarter.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus lines insurance, so as to provide that surplus line brokers' certificates shall contain a general statement of the type of insurance purchased; to provide that sur plus line brokers file quarterly affidavits and pay taxes on premiums paid to such surplus line brokers during the previous quarter; to revise requirements relating to reports of sur plus lines brokers; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 5 of Title 33 of the Official Code of Georgia Annotated, relating to surplus lines insurance, is amended by striking subsection (a) of Code Section 33-5-27, relating to issuance to insured by broker of evidence of insurance, in its entirety and inserting in its place the following:
"(a) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if the policy is not then available, the surplus line broker's certificate. The certificate shall be executed by the broker and shall show the description and 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 pol icy, when delivered, shall state the name and address and proportion of the entire direct risk assumed by each insurer."
SECTION 2. Said article is further amended by striking Code Section 33-5-29, relating to filing of quar terly affidavits by surplus line brokers, in its entirety and inserting in its place the follow ing:
"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 e* were 4e tmd payable to the surplus line broker during the previous quar ter. The quarterly affidavit shall be filed with the Commissioner on or before the fif teenth day of April, July, October, and January. Each surplus line broker shall remit a

MONDAY, JANUARY 30, 1995

271

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. (b) In addition to the information required on the quarterly affidavit, each surplus line broker shall provide the Commissioner with such reports of its affairs and operations regarding insurance covering insured persons, resident or located in this state, for the teat preceding calendar year ending eft December 91 or for other such periods of time as the Commissioner may require. These reports shall be made in such form and- sbeti contain any The Commissioner shall require reports from surplus lines insurers contain ing such information as the Commissioner may by regulation or by order from time to time prescribe which, as to product liability insurers, may include but shall not be required to be limited to the following information:
(1) The total number of product liability claims, broken down by: (A) The type or category of claims; and (B) Whether the claims were: (i) Reported during a prior period and closed during the reporting period; (ii) Reported and closed during the reporting period; or (iii) Reported and not closed during the reporting period;
(2) The total amount paid in settlement or discharge of the claims for each type or category of claims; (3) The total amount of reserves available to pay those product liability claims which were reported for the last preceding year; provided, however, the information on reserves shall be required to be maintained by the Commissioner in confidence, except that summaries of the combined totals of such reserves shall be subject to inspection by members of the General Assembly upon request; (4) The total amount of premiums received from insured persons, resident or located in this state, which is attributable to product liability insurance and which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers; (5) The total number of insured persons, resident or located in this state, for which the product liability insurance has been provided which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers; (6) The total number of insured persons, resident or located in this state, whose product liability insurance coverage the insurer, with which the surplus line broker placed the coverage, canceled or refused to renew and the reasons therefor which must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers; and (7) The total number of insured persons, resident or located in this state, who failed to renew their product liability insurance policies during the reporting period which information must be classified separately with respect to manufacturers, wholesalers or distributors, and retailers."
SECTION 3. Said article is further amended by striking subsection (a) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business, in its entirety and inserting in its place the following:
"(a) The surplus line broker shall remit to the Commissioner, on or before the 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 broker in this state, a tax of 4 percent on all premiums paid er ekje and payable to 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 trans acted by him or her during the preceding quarter as shown by his or her affidavit filed with the Commissioner."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.

272

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T
Connell
YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix N Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye Kinnamon
Y Klein YLadd Y Lakly E Lane Y Lawrence
YLee Y Lewis
Y Lifsey YLord Y Lucas
Y Maddox Y Mann Y Martin Y McBee
Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan EShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus
Y Towery Y Trense
Y Turnquest N Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 42. By Representatives Williams of the 114th, Towery of the 30th and Harbin of the 113th:
A bill to amend Code Section 33-6-5 of the Official Code of Georgia Anno tated, relating to unfair and deceptive practices in the business of insurance, so as to provide that in cases where classification, premiums, or rates are not required to be filed with and approved by the Commissioner, the premiums and charges shall not be in excess of or less than those specified in the pol icy.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair and deceptive practices in the business of insurance, so as to provide that in cases where classification, premiums, or rates are not required to be filed with and approved by the Commissioner, the premiums and charges shall not be in excess of or less than those specified in the policy and, except for those coverages written in accordance with Chapter 5 of Title 33, as fixed by the insurer; to repeal conflicting laws; and for other purposes.

MONDAY, JANUARY 30, 1995

273

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-6-5 of the Official Code of Georgia Annotated, relating to unfair and deceptive practices in the business of insurance, is amended by striking subparagraph (B) of paragraph (6) and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) No person shall knowingly collect as premium or charge for insurance any sum in excess of or less than the premium or charge applicable to such insurance, which sum is specified in the policy in accordance with the applicable classifications and rates as filed with and approved by the Commissioner or, in cases where classifica tions, premiums, or rates are not required by this title to be filed and approved, such premiums and charges shall not be in excess of or less than those specified in the policy and^ except for those coverages written in accordance with Chapter 5 of this title, as fixed by the insurer. This subparagraph shall not be deemed to prohibit the charging and collecting by surplus line brokers licensed under Chapter 5 of this title of the amount of applicable state and federal taxes in addition to the premium required by the insurer; nor shall it be deemed to prohibit the charging and collect ing by a life or accident and sickness insurer of amounts actually to be expended for medical examination of an applicant for life or accident and sickness insurance or for reinstatement of a life or accident and sickness insurance policy."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe
Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell
YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Y Howard Y Hudson

Y Hugley Y Irvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon
Y Klein YLadd Y Lakly E Lane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddux Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster
Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder N Scoggins Y Shanahan EShaw Y Sherrill Y Shipp Y Simpson Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmorland
Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 162, nays 1.

274

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 330. By Representatives Williams of the 114th and Culbreth of the 132nd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance.
The following amendment was read and adopted:
The Committee on Insurance moves to amend HB 330 by adding between lines 33 and 34 of page 3 the following:
"(A) Credit life and credit accident and sickness insurance;
(B) Credit casualty insurance;".
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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless
E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Cox
Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix N Dixon, H Y Dixon,S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd N Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G
Y Johnson, J Y Johnston
Jones
Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly E Lane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston
Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert
Y Robert* Y Rogers Y Royal Y Sanders Y Sauder N Scoggins Y Shanahan E Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W
Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 162, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

MONDAY, JANUARY 30, 1995

275

The Speaker assumed the Chair.

HR 160. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution designating that portion of State Highway 333 that extends from the city limits of Quitman, Georgia, to the Okapilco Creek Bridge as the M.L. King Drive.

The following amendment was read and adopted:

Representatives Reaves of the 178th and Mobley of the 169th move to amend HR 160 as follows:
Line 3 - add Jr. after King
Line 24 - add Jr. after King
Line 14 - add Jr. after King.

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 ayes were 123, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth, Carter of the 166th, Barnes of the 33rd and others:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establish ments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material permanently marked with the name, date of birth, date of death, and social security number of the decedent.

The following Committee substitute was read:

A BILL
To amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments, so as to require the affixing upon the body of each deceased human prepared for burial a tag of durable and noncorroding material permanently marked with certain identifying information regarding the deceased; to provide for costs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establishments, is amended by inserting a new Code section to be designated Code Section 43-18-71.1 to read as follows:
"43-18-71.1. The embalmer or funeral director shall ensure that each deceased human prepared for burial has permanently affixed around the wrist or ankle, or in the absence of such, to the body, a tag of durable noncorroding material permanently marked with, if known, the name, date of birth, date of death, and social security number, if a social security

276

JOURNAL OF THE HOUSE,

number has been assigned, of the deceased. The embalmer or funeral director shall not recover more than the actual cost of such identification tag or material."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representative Teper of the 61st moves to amend the Committee substitute to HB 246 as follows: Page 1 line 7 after the word "costs;" add "to provide exceptions;" Page 1 line 26 add after "material":
"If the religious faith of the deceased prohibits desecration of the body, alternative means of identification of the body may be used."
The following amendment was read and lost:
Representative Lawrence of the 64th moves to amend the Committee substitute to HB 246 as follows: By deleting from line 17 page 1 the words:
"shall ensure that each" And inserting in lieu thereof the words:
"shall offer to the representative of the deceased a service whereby the...".

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

Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot
Y Bargeron
N Barnard
Y Barnes Y Bates Y Benelield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J N Brush Y Buck Y Buckner Y Bunn
Y Burkhalter Y Byrd Y Campbell
Y Canty

Y Carter Y Chambless E Channell Y Childers
Y Coker
Y Coleman, B
Y Coleman, T
Y Connell Y Cox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart Y Epps N Evans
Y Falls

Y Felton Y Floyd Y Godbee Y Golden
Y Goodwin
Y Greene
Y Grindley
Y Manner N Harbin Y Harris
Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins
Y Johnson, G

Y Johnson, J N Johnston Y Jones N Joyce
Y Kaye
Kinnamon
Y Klein
Y Ladd N Lakly E Lane
N Lawrence Y Lee N Lewis N Lifsey N Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney N Mills Y Mobley, B
N Mobley, J

Y Mosley Mueller
Y O'Neal Orrock
Y Parham
Y Parrish
Y Parsons
Y Pelote Y Perry Y Pinholster
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 Rogers Y Royal Y Sanders
N Sauder

MONDAY, JANUARY 30, 1995

277

Y Scoggins Y Shanahan EShaw
Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling
Y Snow Y Stallings 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
Turnquest
Y Twiggs Y Walker, L
Y Walker, R.L Y Wall
Y Watson Y Watts

N Westmorland Y Whitaker Y White Y Wiles
Y Williams, B N Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative McKinney of the 51st gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 87.

HR 94. By Representatives Watts of the 26th, Murphy of the 18th and Barnes of the 33rd:
A resolution honoring Charles Hardy and designating a portion of Georgia Highway 120 as the "Charles Hardy Parkway".

The following amendment was read and adopted:

The Committee on Transportation moves to amend HR 94 by striking from line 9 of page 1 the word:
"exceeded"
and inserting in lieu thereof the word:
"excelled".

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush Y Buck Y Buckner
Bunn Y Burkhalter

YByrd
Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix
Dixon, H

Y Dixon, S
Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard Y Hudson
Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
YKaye Kinnamon
Y Klein YLadd
Lakly E Lane Y Lawrence YLee Y Lewis Y Lifsey

YLord Lucas
Y Maddoi Mann
Y Martin YMcBee Y McCall Y McClinton
McKinney
Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Pinholster Y Polak

278

JOURNAL OF THE HOUSE,

Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph
Y Ray
Y Reaves
Y Reichert Y Roberts Y Rogers Y Royal

Y Sanders Y Sauder Y Scoggins Y Shanahan E Shaw
Y Sherrill
Y Shipp
Y Simpson
Y Sinkiield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L

Y Smith, P Y Smith, T
Smith, V Y Smith, W Y Smyre
Y Snelling
Y Snow
Y Stallings
Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson

Y Streat Y Taylor Y Teague
Teper Y Thomas
Y Tillman
Y Titus
Y Towery
Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L

Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
Y White
Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 159, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

By unanimous consent HB 128, which was previously postponed until today, was again postponed.

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

MONDAY, JANUARY 30, 1995

279

AFTERNOON SESSION

The Speaker called the House to order.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Gov ernmental Affairs:

HB 481. By Representatives Holland of the 157th, Holmes of the 53rd, Dixon of the 168th, Parham of the 122nd, Canty of the 52nd and others:
A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the merit system generally, so as to change the grievance system for classified employees.

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

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 1994-1995; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act providing appropriations for the State Fiscal Year 1994-1995, known as the "General Appropriations Act" approved April 18, 1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Section 85, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and of the General Funds of the State, including surplus, reserves and a revenue estimate of $9,492,000,000 (excluding $139,287,133 in the Indigent Care Trust Fund and Lottery Receipts of $366,428,044) for State Fiscal Year 1995.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected Officials............................................$ Regular Operating Expenses .........................................................$ Travel - Staff ...................................................................................$ Travel - Elected Officials...............................................................$ Capital Outlay .................................................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$

24,203.650 12,482,319 3,809,504 2,789,448
86,500 7,000
0 183,500
5,000

280

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Per Diem, Fees and Contracts - Staff .........................................$ Per Diem, Fees and Contracts -
Elected Officials...........................................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Photography.....................................................................................! Expense Reimbursement Account................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

103,970
2,389,609
488,000
656,000 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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reco'nstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activi ties; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publish ing and distributing the Acts of the General Assembly and the Journals of the Senate and

MONDAY, JANUARY 30, 1995

281

the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

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

17,463.512
14,245,693 428,820 560,650 105,102 143,980 852,070 34,000 958,197 135,000
17,463,512 17,463,512

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,433.395 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 .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior Court Judges ................................................$ Judicial Administrative Districts..................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

51,050,860 49,839,417
1,969,089 168,158 135,417
1.242.858 53,354,939 51,050,860

Section 6. Juvenile Courts.

282

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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 Expense ................................................................... 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.................................. Administration and Services Budget:
Personal Services...................................................................... Regular Operating Expenses.................................................. Travel......................................................................................... Motor Vehicle Purchases........................................................ Equipment................................................................................. Real Estate Rentals ................................................................. Per Diem, Fees and Contracts ............................................... Computer Charges....................................................................

1,023,530
668,465 529,235 139,230 668,465 668,465
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
1,244,331 588,985 655,346
1,244,331 1,244,331
36,140,264 42,444,445 11,667,606
270,459 174,200 1,968,391 2,772,902 4,287,065 11,691,066

MONDAY, JANUARY 30, 1995

283

Telecommunications .................................. 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................................... Health Planning Review Board
Operations............................................... Public Safety Officers Indemnity Fund . Total Funds Budgeted............................... State Funds Budgeted...............................

3,279,622 11,305,000
46,500
2,750,000
500,000
300,000 48,553,700
683,000 21,000,000
35,000 250,000 163,978,956 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.....................
Georgia Building Authority Budget: Personal Services................................ Regular Operating Expenses............ Travel.................................................... Motor Vehicle Purchases.................. Equipment........................................... Real Estate Rentals........................... Per Diem, Fees and Contracts ......... Computer Charges.............................. Telecommunications .......................... Capital Outlay..................................... Utilities ................................................ Contractual Expense ........................ Facilities Renovations and Repairs. Total Funds Budgeted.......................

0
20,539,421 5,652,558
20,700 302,000 232,725
12,700 335,000 112,200 161,340
0 8,950,000
326,800 0
36,645,444

284

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................!

Georgia Building Authority Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

1,478,348

0

5,583,363

0

4,600,861

0

6,428,058

0

376,319

0

4,027,837

0

12,578,428

0

1,572,230

0

0

0

36,645,444

$

0

Section 13. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of
Hazardous Materials ..............................................$ Operations Budget:
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Telecommunications .......................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

111,759
92,559 10,800 8,000
400 111,759 111,759

Section 14. Department of Agriculture. A. Budget Unit: Department of Agriculture .....................................$ State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses ............................,............................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Market Bulletin Postage ................................................................$ Payments to Athens and Tifton
Veterinary Laboratories .............................................................$ Poultry Veterinary Diagnostic
Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe ..................................................................................$ 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.............................................................................!

36,201,993
31,274,092 4,153,363
896,000 446,460 391,082 791,341 957,050 359,078 402,901 860,000
2,515,782
2,130,411 412,000 127,000 175,000
618,360
250,000
700,000

MONDAY, JANUARY 30, 1995

285

Capital Outlay .................................... Contract - Federation of Southern
Cooperatives.................................... Boll Weevil Eradication Program..., Total Funds Budgeted....................... State Funds Budgeted.......................

0
40,000 0
47,499,920 36,201,993

Department of Agriculture Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection
Field Forces Seed Technology Total

7,609,766 14,835,472 7,150,118 6,292,955 3,055,849
7,833,350 722,410
47,499,920

6,828,766 11,955,967 3,475,053 6,046,355 2,930,849
4,965,003 0
36,201,993

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

0
851,649 170,568
5,000 12,500 35,150
0 7,950 5,000 7,420 75,000 113,200 1,283,437
0

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance ............................................... Administration and Examination Budget:
Personal Services............................................................... Regular Operating Expenses ........................................... Travel .................................................................................. Motor Vehicle Purchases................................................. Equipment.......................................................................... Real Estate Rentals.......................................................... Per Diem, Fees and Contracts ........................................ Computer Charges............................................................. Telecommunications ......................................................... Total Funds Budgeted...................................................... State Funds Budgeted......................................................

8,614,966
6,982,155 384,985 392,080 104,080 26,730 302,436 10,000 341,668 70,832
8,614,966 8,614,966

Section 16. Department of Children and Youth. Budget Unit: Department of Children and
Youth Services.......................................... Personal Services............................................................... Regular Operating Expenses ...........................................

106,485,151 67,818,535 5,175,526

286

JOURNAL OF THE HOUSE,

Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................I Computer Charges...........................................................................$ Telecommunications .......................................................................$ 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....................................................................!

807,638 234,700 375,195 1,535,689 10,622,730 294,300 808,264 2,144,400
547,600
3,091,400 16,538,041
308,000 28.000 110,330,018 106,485,151

Department of 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 Multi Services Centers Youth Services
Administration Total

23,635,481 18,429,111 8,693,520 5,002,302 5,033,614 14,811,181 2,323,798
414,977 932,651 18,514,849
980,826
604,159 3,773,646
7,179,903 110,330,018

22,835,981 17,989,517 8,172,256 4,779,804 4,787,833 14,664,377 2,323,798
414,977 932,651 17,714,849
980,826
604,159 3,104,220
7.179,903 106,485,151

Section 17. Department of Community Affairs. Budget Unit: Department of Community
Affairs.......................................................................! State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications.......................................................................! Capital Felony Expenses................................................................! Appalachian Regional Commission
Revolving Loan Fund.................................................................! Business Flood Disaster Recovery

36.365,402
7,571,713 514,983 227,307 12,000 14,476 549,166
2,898,783 189,980 51,309 0
105,923

MONDAY, JANUARY 30, 1995

287

Program ........................................................................................$ 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.......................................................................! Local Development Fund...............................................................! Payment to Sports Hall of Fame..................................................$ Payment to State Housing
Trust Fund ...................................................................................$ Payment to Georgia Environmental
Facilities Authority for operations ...........................................$ Local Government Efficiency Grants...........................................! Payment to Georgia Housing and
Finance Authority .......................................................................$ Regional Economic Business Assistance
Grants............................................................................................$ State Commission on National and
Community Service.....................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,000,000
2,272,825 3,880,890
94,731
50,536,586
580,883
287,480 750,000 100,000
4,625,000
35,496,473 750,000
10,339,967
1,000,000
180,000 127,030,475 36,365,402

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administration Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

$

68,916,259

$

4,060,162

$

54,054,054

$ 127,030,475

$

31,522,787

$

3,538,930

$

1,303,685

$

36,365,402

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay.................................................................................! Utilities.............................................................................................! Court Costs.......................................................................................! County Subsidy ...............................................................................$ Court Subsidy for Jails ..................................................................$ County Workcamp Construction Grants.....................................! Central Repair Fund.......................................................................!

643,362,073 449,778,437 62,560,607
2,110,975 3,114,564 4,169,710 5,681,082 6,377,814 5,012,000 5,822,295
0 20,547,180 1,500,000 13,928,400 5,425,378
0 886,000

288

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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.................................................................$ State Funds Budgeted....................................................................$

3,985,806
1,340,100 459,900
1,400,000 54,967,153
60,400
352,357 0
649,480,158 450,000
643,362,073

Department of Corrections Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

70,106,619 471,620,685 107,752,854 649,480,158

$

69,055,519

$ 469,789,860

$ 104,516,694

$ 643,362,073

B. Budget Unit: Board of Pardons and Paroles................................. .....................................$
Board of Pardons and Paroles Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! County Jail Subsidy........................................................................! Health Services Purchases.............................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

38,857,656
31,717,996 1,140,630 678,400 264,500 167,500 2,715,000 252,500 428,130 838,000 650,000 5.000 38,857,656 38,857,656

Section 19. Department of Defense. Budget Unit: Department of Defense ................................................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases.........................................,.....................! Equipment........................................................................................! Real Estate Rentals........................................................................! Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,788,471
7,478,958 5,009,530
24,100 0
24,500 10,000 563,400 12,900 43,245
0 13,166,633 4,788,471

Department of Defense Functional Budgets

Total Funds

State Funds

MONDAY, JANUARY 30, 1995

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

2,062,098 4,604,969 6,499,566 13,166,633

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......... ...............................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................$ Telecommunications.......................................................................! Utilities.............................................................................................! Capital Outlay .................................................................................$ QBE Formula Grants: Kindergarten/Grades 1 - 3.............................................................$ Grades 4 - 8..........................................:...........................................$ Grades 9 - 12....................................................................................$ High School Laboratories ..............................................................$ Vocational Education Laboratories..............................................! Special Education............................................................................! Gifted................................................................................................! Remedial Education........................................................................! Staff and Professional Development............................................! Media................................................................................................! Indirect Cost....................................................................................! Mid-Term Adjustment Reserve....................................................! Pupil Transportation......................................................................! Local Fair Share..............................................................................! Other Categorical Grants: Equalization Formula.....................................................................! Sparsity Grants................................................................................! In School Suspension......................................................................! Special Instructional Assistance ...................................................$ Middle School Incentive................................................................!
Special Education Low - Incidence Grants............................................................................................!
English to Speakers of Other Languages ....................................! Mentor Teachers.............................................................................! Non-QBE Grants: Education of Children of Low-
Income Families...........................................................................! Even Start........................................................................................! Retirement (H.B. 272 and H.B. 1321).........................................! Instructional Services for the
Handicapped (Federal)...............................................................! Tuition for the Multi-Handicapped.............................................! Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................! School Lunch (State)......................................................................! Supervision and Assessment of Students

289
1,937,821 533,129
2,317,521 4,788,471
3,508,558.269
38,860,071 4,915,583 1,191,660
138,000 352,145 1,516,141 17,037,016 12,394,935 1,254,879 895,752 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 89,791,383 615,158,563 71,734,084 130,609,130 (635,201,965)
149,778,370 3,609,604 20,872,296 57,066,117 64,049,932
416,000 8,601,007 1,250,000
198,714,081 1,422,160 4,950,000
51,519,023 1,841,080
37,229,829 165,074,766 24,758,747

290

JOURNAL OF THE HOUSE,

and Beginning Teachers.............................................................$ Regional Education Service Agencies ..........................................$ Georgia Learning Resources System ............................................$ High School Program .....................................................................$ Special Education in
State Institutions.........................................................................$ Governor's Scholarships.................................................................! Serve America..................................................................................! Vocational Research and Curriculum ..........................................$ Salaries and Travel of
Public Librarians.........................................................................! Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & 0....................................................................! Child Care Lunch Program (Federal)..........................................! Chapter II - Block Grant
Flow Through (Federal) ...................................,.........................$ Payment of Federal Funds to Board of
Technical and Adult Education................................................! Drug Free School (Federal) ...........................................................$ Innovative Programs.......................................................................! Transition Program for Refugee
Children (Federal).......................................................................! Emergency Immigrant Education
Program (Federal).......................................................................! Robert C. Byrd Scholarships (Federal) .......................................$ Title II Math/Science (Federal)....................................................! Health Insurance - Non-Cert. Personnel
and Retired Teachers .................................................................$ Pre-School Handicapped Program...............................................! Nutrition Education Training (Federal) .....................................$ Salary Improvements......................................................................! At Risk Summer School Program................................................! Grades 4 & 5 Counselors................................................................! Advanced Placement Exams (S.B. 417).......................................! Savannah-Chatham County
Court Settlement.........................................................................! Education of Children and
Homeless Youth...........................................................................! Next Generation Schools ...............................................................$ Youth Apprenticeship Grants.......................................................! Family Connection Grants.............................................................! Pay for Performance.......................................................................! Remedial Summer School Program .............................................$ Superintendents Base Salary ........................................................$ Alternative School Programs.........................................................! Environmental Science...................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

1,500,000 7,001,200 3,300,462 25,605,564
4,408,579 2,972,200
356,000 293,213
10,760,927 5,151,409
934,522 4,039,395 37,880,233
10,019,305
17,093,803 12,505,800 2,349,999
0
312,864 513,000 4,806,083
99,047,892 14,602,242
169,893 116,238,958
4,691,270 6,448,277 1,871,960
8,926,440
540,250 500,000 2,000,000 2,575,000 1,048,000 1,876,182 1,130,820 7,250,000 100.000 4,053,662,343 340,000 3,508,558,269

Education Functional Budgets

Total Funds

State Funds

State Administration Instructional Programs Governor's Honor Program

!

5,170,028

!

25,242,925

!

1,196,467

4,641,560 20,368,676
1,105,305

MONDAY, JANUARY 30, 1995

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

23,194,362 6,444,528
837,039 3,975,431,161
4,772,121 6,533,109
4,840,603 4,053,662,343

B. Budget Unit: Lottery for Education..............................................$ Pre-Kindergarten for 4-year-olds .................................................$ Next Generation Schools ...............................................................$ Distant Learning - Satellite Dishes............................................................................................! Postsecondary Options ...................................................................$ Technology Centers ........................................................................$ Safe Schools Grant..........................................................................$ Assistive Technology .....................................................................$ Drug and Anti-Violence Education ..............................................$ Alternative Schools Technology....................................................! Applied Technology Labs ..............................................................$ Vocational Education .....................................................................$ Capital Outlay for Fast Growing Systems.........................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

Section 21. Employees' Retirement System. Budget Unit: Employees' Retirement System..................................! Employees' Retirement System Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Benefits to Retirees........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 22. Forestry Commission. Budget Unit: Forestry Commission....................................................! State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................!

291
18,558,569 2,995,189
837,039
3,444,830,087
4,537,530 6,319,884
4,364,430 3,508,558,269
159,460,070 80,000,000
500,000
2,057,168 600,000 790,000
4,000,000 2,508,000 1,000,000 7,535,402 6,300,000 4,569,500
49.600.000 159,460,070 159,460,070
1,782,338 337,000 20,500 0 22,703 302,000
1,091,500 532,528 24,886
2.880,000 6,993,455 2,880,000
34.884,307
29,005,181 5,472,475
150,185 1,265,696 1,682,392
52,455 475,898 300,200 951,378

292

JOURNAL OF THE HOUSE,

Ware County Grant......................... Ware County Grant for Southern
Forest World................................. Ware County Grant for
Road Maintenance....................... Capital Outlay.................................. Total Funds Budgeted..................... State Funds Budgeted.....................

30,000
60,000 258,219 39,704,079 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. .......... Operations Budget:
Personal Services.......... .............................................. Regular Operating Expenses ....................................
Motor Vehicle Purchases .......... Equipment.......... ......................... Real Estate Rentals ................... Per Diem, Fees and Contracts . Computer Charges. ..................... Telecommunications .................. Evidence Purchased... ..........,..... Capital Outlay ............................ Total Funds Budgeted............... State Funds Budgeted...............

42,525,824
31,473,300 2,883,971
701,306 1,051,110
909,723 1,901,552
748,250 1,542,393
774,816 539,403
0 42,525,824 42,525,824

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 13,636,759
6,899,244 8,664,320 42,525,824

3,372,654

$

9,952,847

13,636,759

6,899,244 8,664,320 42,525,824

Section 24. Office of the Governor. Budget Unit: Office of the Governor..................................................! Office of the Governor Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Cost of Operations ..........................................................................$

74,100.127
14,294,550 766,978 282,444 277,596
1,000,239
4,036,843
628,207 331,161 3,309,094

MONDAY, JANUARY 30, 1995

293

Mansion Allowance.................................... Governor's Emergency Fund .................... Flood - Federal Match .............................. Flood - Contingency................................... Intern Stipends and Travel...................... Art Grants - State Funds.......................... Art Grants - Non-State Funds................. Humanities Grants - State Funds ........... Children and Youth Grants...................... Juvenile Justice Grants............................. Grants to Local Systems ........................... Ga. Crime Victims Assistance Program.. Grants to Locals - Emergency
Management Assistance........................ Grants - Civil Air Patrol........................... Total Funds Budgeted............................... State Funds Budgeted...............................

40,000 4,438,000 37,895,000 7,000,000
165,000 3,007,357
359,004 60,000 290,975 1,112,317 684,400 100,000
1,044,200 60,000
81,183,365 74,100,127

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 Council on Vocational Education 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

52,847,094
933,483
6,640,286 4,244,865 2,533,565
352,830 558,546
1,548,110
1,802,768 306,827
3,741,288
5,444,555
229,148 81,183,365

$

52,847,094

$

795,474

6,640,286

$

3,462,865

2,533,565

85,404

558,546

399,959

513,268 306,827

3,741,288

1,986,403

229,148 74,100,127

B. Budget Unit: Lottery for Education.. Technology Grants.............................. Total Funds Budgeted........................ Lottery Funds Budgeted....................

2,000,000 2,000,000 2,000,000
2,000,000

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 .................................

656,812,980
58,125,146 2,026,774 1,327,696 1,554,768
148,992 4,961,394 1,052,879

294

JOURNAL OF THE HOUSE,

Computer Charges........................................ Telecommunications .................................... Postage........................................................... Institutional Repairs and Maintenance.... Payments to DMA for Community CareService Benefits for Children ..................... Special Purpose Contracts .......................... Purchase of Service Contracts ................... Total Funds Budgeted................................. Indirect DOAS Funding.............................. State Funds Budgeted.................................

1,355,714 653,026 961,336 67,500
13,913,085 36,680,558
244,000 35,021,311 158,094,179
412,600 96,480,877

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
36,680,558
27,921,053 5,606,386 2,012,276
712,133 2,859,304
9,232,991 6,080,909 5,638,547 1,805,459 1,719,924
0 516,081 52,552,209
1,688,895 158,094,179

973,240 2,094,214
25,131,709
26,343,846 4,485,460 2,012,276
702,133 2,859,304
5581166133 2,275,651 5,438,547 1,805,459 1,719,924
(8,030,399) 516,081
23,986,371
1,608,895 96,480,877

2. Public Health Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Institutional Repairs and Maintenance.......................................! Postage..............................................................................................$ Children's Medical Sevices Benefits ............................................$ Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................! Family Planning Benefits ..............................................................$ Children's Medical Services Clinics .............................................$ Special Purpose Contracts.............................................................!

54,005,810 74,953,069
957,489 0
198,517 1,226,139 5,003,051 1,046,759
747,866 34,500 139,801 8,131,654 308,000 3,340,000 653,222 672,400 672,246

MONDAY, JANUARY 30, 1995

Purchase of Service Contracts ...... Grants-In-Aid to Counties............. 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 Preservation Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infant 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 Drugs and Clinic Supplies Adolescent Health Public Health -
Planning Councils Early Intervention Public Health - Division

11,778,753 1,215,549 1,384,187
2,093,863
4,153,698
5,298,173
2,725,256 8,798,317 78,171,909 55,093,982 13,394,935 2,863,683 1,716,889
539,785 958,300
6,512,513
1,071,457 1,397,111 1,958,714
978,633 515,002 4,264,369 855,244 303,499 1,879,236 1,833,430 I,213,030 979,000 5,355,679 3,955,146 465,163 7,945,713 II,462,507 3,220,025 3,051,019
172,330 11,362,384

295
11,800,246 96,226,579
821,135 260,938,483
549,718 138,242,242
State Funds
11,649,078 970,020
1,174,012
1,563,863
3,757,396
5,186,173
326,612 4,481,255
0 54,237,982 6,734,211 1,807,135
1,588,858 400,650 0
5,257,908
741,805 561,596 847,523 978,633 515,002 4,264,369 658,019 303,499 1,745,635 1,609,737 990,212 802,907 5,235,679 1,504,262 285,714 4,131,724 1,474,809 2,485,942 1,990,259
155,178 9,360,303

296

JOURNAL OF THE HOUSE,

Indirect Cost Total

$

0

$ 260,938,483

(1,535,718) 138,242,242

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..............................

68,784,363 11,108,532 1,128,735
63,700 528,325 4,176,935 7,661,196 2,769,298 1,541,468 24,908,151 27,675 692,387 9,359,186 208,554 912,445 753,068 134,624,018 100,000 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

45,453,275

$

863,713

$

1,709,209

$

8,208,236

3

6,473,709

3

789,944

3

4,007,700

3

701,682

$

32,188,837

5

12,120,947

3

22,106,766

3 134,624,018

9,104,662 581,518 793,009
3,234,533
1,359,940
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............................................... Real Estate Rentals............................... Per Diem, Fees and Contracts............. Computer Charges.................................. Telecommunications .............................. Children's Trust Fund........................... Cash Benefits .......................................... Special Purpose Contracts....................

42,497,509 3,914,144 1,065,201 0 348,301 2,631,950 23,641,211 26,886,140 4,070,732 1,095,001
446,382,980 4,372,441

MONDAY, JANUARY 30, 1995

Service Benefits for Children... Purchase of Service Contracts .

Grants to County DFACS - Operations...................
Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

Family and Children Services Functional Budgets

Total Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care Day Care Outreach - Contracts Special Projects Children's Trust Fund
Commission Indirect Cost Total

$

511,332

$

4,118,470

$

6,541,924

$

3,745,413

$

11,611,153

$

1,098,176

$

2,029,320

$

36,125,128

$

51,072,649

$ 432,824,285

$

100

$

2,799,421

$

11,613,174

$ 109,459,692

$

86,104,826

$

3,053,351

$

7,688,443

$

60,173,998

$

12,165,790

$

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

$

1,620,548

$

2,051,000

$

0

$ 1,029,426,923

Budget Unit Object Classes: Personal Services..................... Regular Operating Expenses. Travel........................................ Motor Vehicle Purchases ....... Equipment................................

297
177,382,281 15,700,085 3,846,198
275,592.749 1,029,426,923
2,565,582 399,682,512

State Funds

$

511,332

$

3,740,286

$

5,820,298

$

3,745,413

$

858,784

$

1,098,176

$

1,847,863

$

17,676,179

$

2,615,249

$ 163,218,038

$

100

$

0

$

0

$

55,441,833

$

29,476,420

$

0

$

2,257,516

$

28,363,964

$

4,589,157

$

10,841,651

$

1,762,504

$

21,898,980

$

6,725,777

$

1,920,404

$

7,256,644

$

6,008,762

$

27,236,623

$

152,058

$

1,595,766

$

530,000

$

(7,507,265)

$ 399,682,512

223,412,828 92,002,519 4,479,121
1,618,468 1,224,135

298

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications .......................................................................$ Children's Medical Services Benefits...........................................? Kidney Disease Benefits ................................................................$ Cancer Control Benefits.................................................................? Family Planning Benefits ..............................................................$ Case Services....................................................................................? E.S.R.P. Case Services....................................................................? Children's Medical Services Clinics .............................................? Children's Trust Fund....................................................................? Cash Benefits...................................................................................? Special Purpose Contracts.............................................................? Service Benefits for Children........................................................? Purchase of Service Contracts ......................................................? Grants-In-Aid to Counties.............................................................? Institutional Repairs
and Maintenance.........................................................................? Utilities.............................................................................................? Postage..............................................................................................? Payments to DMA for Community Care.....................................? Grants for Regional Maternal
and Infant Care...........................................................................?
Grants to County DFACS - Operations...................................................................?
B. Budget Unit: Community Mental Health/ Mental Retardation/Substance Abuse and Institutions...........................................?
Personal Services.............................................................................? Regular Operating Expenses .........................................................? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Real Estate Rentals ........................................................................? Per Diem, Fees and Contracts......................................................? Computer Charges...........................................................................? Telecommunications.......................................................................? Utilities.............................................................................................?
Institutional Repairs and Maintenance.........................................................................?
Substance Abuse Community Services........................................?
Mental Retardation Community Services...................................................................?
Mental Health Community Services............................................? Community Mental Health
Center Services............................................................................? Special Purpose Contracts.............................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

12,996,418 37,358,337 32,057,911 7,013,092 8,131,654
308,000 3,340,000
653,222 24,908,151
27,675 672,400 1,095,001 446,382,980 5,981,074 214,062,839 71,880,828 96,226,579
310,554 912,445 5,700,403 13,913,085
821,135
275,592,749
464,588,832 353,712,594 39,273,706
449,738 698,750 1,984,056 194,442 9,355,919 4,725,152 2,465,696 12,051,683
1,789,045 48,998,859
94,642,634 30,356,870
72,283,341 294,118
673,276,603 2,404,100
464,588,832

Community Mental Health/Mental Retardation Substance Abuse and Institutional Functional Budgets

Total Funds

State Funds

Southwestern State Hospital

39,261,457

24,670,156

MONDAY, JANUARY 30, 1995

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

31,793,407
26,561,685
21,453,513
26,605,027
28,168,775 142,045,419
19,741,102
50,146,809
18,833,808 3,699,108
2,156,373
1,357,393
73,517,501 30,000,186
806,641 540,887 48,998,859
72,283,341 444,351
1,541,706
294,701 356,684
6,220,726
13,236,299
95,472 13,115,373 673,276,603

Section 26. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade
and Tourism............................................................! State Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

Motor Vehicle Purchases .......... Equipment................................... Real Estate Rentals ................... Per Diem, Fees and Contracts. Computer Charges......................

299
14,161,485
24,010,001
19,861,284
19,308,564
23,555,161 84,409,947
18,047,589
22,394,000
16,555,155 2,799,990
2,045,084
1,332,395
37,228,243 26,558,233
806,641 540,887 26,325,371
68,752,070 444,351
1,346,206
294,701 356,684
6,220,726
13,236,299
95,472 9,232,137 464,588,832
19,776,102
8,346,275 1,475,818
335,000 32,000 60,883 947,130 704,178 152,440

300

JOURNAL OF THE HOUSE,

Telecommunications.......................................................................! 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....................................................................!

246,000 171,600 6,899,578 1,450,000 50,000 50,000
0 0 20,920,902 19,776,102

Department of Industry, Trade and Tourism Functional Budgets

Total Funds

State Funds

Administration Economic Development Tourism Trade Total

!

10,981,880

$

4,259,672

$

4,719,052

$

960,298

!

20,920,902

$

10,152,080

$

4,154,672

$

4,509,052

$

960,298

$

19,776,102

Section 27. Office of Commissioner of Insurance. Budget Unit: Office of Commissioner of Insurance.........................! Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Health Care Utilization Review....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,723,910
12,844,345 713,762 401,560 84,000 55,750 806,814 202,990 523,256 251,433 0
15,883,910 14,723,910

Department of Insurance Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulations Total

$

4,395,813

!

6,357,991

!

435,688

$

4,694,418

!

15,883,910

!

4,395,813

$

6,357,991

$

435,688

$

3,534,418

$

14,723,910

Section 28. Department of Labor. Budget Unit: Department of Labor....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment.................................................................................,......! Real Estate Rentals ........................................................................$ Per Diem, Fees and
Contracts (JTPA) ........................................................................$ Per Diem, Fees and Contracts......................................................!

7,176,250 66,661,469 5,609,533 1,102,315
0 903,198 2,187,517
69,792,752 3,020,853

MONDAY, JANUARY 30, 1995

301

Computer Charges...........................................................................$ Telecommunications.......................................................................! W.I.N. Grants..................................................................................! Payments to State Treasury..........................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

8,302,843 1,166,682
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........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Books for State Library .................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

10,340,106 9,471,091
524,005 102,540
0 26,136 455,147 60,000 342,637 125,317 140.000 11,246,873 10,340,106

Section 30. Department of Medical Assistance. A. Budget Unit: Medical Services.......................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Medicaid Benefits, Penalties
and Disallowances.......................................................................! Audit Contracts...............................................................................! SFY 1994 Medicaid Benefits,
Penalties and Disallowances......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,113,368,424 13,726,336 4,454,835 188,400 0 74,644 885,000 66,926,024 22,787,558 425,000
3,096,296,581 772,500
0 3,206,536,878 1,113,368,424

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties
and Disallowances Long Term Care

!

60,515,270

! 3,096,296,581

!

1,347,171

!

2,368,952

! 1,092,949,030

!

514,582

302

JOURNAL OF THE HOUSE,

Systems Management Professional Services Maternal and Child Health Financial and Hospital
Reimbursement Nursing Home Reimbursement Managed Care Legal and Regulatory
Services

28,383,447 2,347,775
872,783
4,473,502 4,851,441 2,044,167
5,404,741 3,206,536,878

B. Budget Unit: Indigent Trust Fund.............................................. Per Diem, Fees and Contracts .................................................... Benefits........................................................................................... Total Funds Budgeted.................................................................. State Funds Budgeted..................................................................

Section 31. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ...................................................... Personal Services........................................................................... Regular Operating Expenses....................................................... Travel.............................................................................................. Equipment...................................................................................... Real Estate Rentals ...................................................................... Per Diem, Fees and Contracts .................................................... Computer Charges......................................................................... Telecommunications ..................................................................... Health Insurance Payments ........................................................ Total Funds Budgeted.................................................................. Other Agency Funds..................................................................... Agency Assessments...................................................................... Employee and Employer Contributions.................................... Deferred Compensation................................................................ State Funds....................................................................................

Merit System Functional Budgets

Total Funds

Commissioner's Office Applicant Services Classification and
Compensation Flexible Benefits Employee Training
and Development Health Insurance
Administration Health Insurance Claims Internal Administration Total

2,661,950 2,364,459
1,362,143 1,241,437
1,552,628
34,960,454 943,205,397
3,114,707 990,463,175

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources................................................ Operations Budget:
Personal Services........................................................... Regular Operating Expenses.......................................

7,513,455 973,343 332,213
2,192,758 2,425,720
946,954
3,151,417 1,113,368,424
139,287.133 7,557,900
358,962.316 366,520,216 139,287,133
0 8,255,874 2,080,135
88,440
54,895 917,345 136,505,130 3,472,999 265,357 838,823,000 990,463,175 114,920 11,070,818 979,129,240 148,197
0
State Funds
83,431,405
68,818,165 13,508,732

MONDAY, JANUARY 30, 1995

303

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: 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...........................................................! National War Museum...................................................................! Hazardous Waste Trust Fund.......................................................! Solid Waste Trust Fund ................................................................! Payments to Georgia Agricultural
Exposition Authority..................................................................! Payments to Mclntosh County.....................................................! Payments to Civil War Commission ............................................$ 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....................................................................!

513,202 2,016,107 2,278,431 2,392,552 2,736,263 1,002,678 1,146,940
130,000 150,000 2,590,000
1,077,719 2,373,611
225,000
800,000 350,000 1,300,000 35,000
0
500,000
800,000 135,000 500,000
106,513
170,047 80,000 287,259
300,000 250,000 8,918,534 5,363,868
2,354,025 100,000 31,000 7,000
123,347,646
887,210
3,804,148
3,362,900
1,415,630 200,000
83,431,405

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Commissioner's Office

!

3,724,300

!

3,724,300

304

JOURNAL OF THE HOUSE,

Program Support Historic Preservation Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

2,516,164 1,861,209
37,828,779 2,395,525 34,070,527 39,752,075 1,199,067 123,347,646

B. Budget Unit: Georgia Agricultural Exposition Authority.
Operations Budget: Personal Services................................. Regular Operating Expenses............. Travel.................................................... Motor Vehicle Purchases................... Equipment............................................ Real Estate Rentals............................ Per Diem, Fees and Contracts.......... Computer Charges............................... Telecommunications........................... Capital Outlay..................................... Total Funds Budgeted........................ State Funds Budgeted........................

Functional Budget

Total Funds

Georgia Agricultural Exposition Authority

4,341,024

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........................................................... Real Estate Rentals........................................... Per Diem, Fees and Contracts......................... Computer Charges.............................................. Telecommunications.......................................... 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........................................................... Real Estate Rentals..........................................

2,516,164 1,371,209
12,965,950 2,279,275 29,460,224 30,157,069
957,214 83,431,405
0
1,912,944 1,598,081
31,000 18,000 85,000
0 625,000 35,000 36,000
0 4,341,025
0
State Funds
95,670,610
57,572,584 7,432,438
137,617 3,700,000
626,325 1,610,356
437,400 4,047,061
600,000
210,000 25,000 76,398,781 1,650,000 74,748,781
16,443,143 1,840,988
25,800 31,450 293,500 61,058

MONDAY, JANUARY 30, 1995

Per Diem, Fees and Contracts.... Computer Charges......................... Telecommunications ..................... Capital Outlay............................... Conviction Reports....................... State Patrol Posts Repairs
and Maintenance....................... Driver License Processing............ Total Funds Budgeted.................. Indirect DOAS Service Funding. State Funds Budgeted..................

Public Safety Functional Budgets

Total Funds

Administration Driver Services Field Operations Total

$

22,511,536

$

20,770,379

$

54,038,695

$

97,320,610

B. Budget Unit: Units Attached for Administrative Purposes Only .....................................................
1. Attached Units Budget: Personal Services......................................................................... Regular Operating Expenses..................................................... Travel............................................................................................ Motor Vehicle Purchases ........................................................... Equipment.................................................................................... Real Estate Rentals .................................................................... Per Diem, Fees and Contracts .................................................. Computer Charges....................................................................... Telecommunications................................................................... Peace Officers Training Grants ................................................ Capital Outlay ............................................................................. Total Funds Budgeted................................................................ State Funds Budgeted................................................................
2. Office of Highway Safety Budget: Personal Services......................................................................... Regular Operating Expenses..................................................... Travel ............................................................................................ Motor Vehicle Purchases...........................................................
Equipment.................................................................................... Real Estate Rentals.................................................................... Per Diem, Fees and Contracts .................................................. Computer Charges....................................................................... Telecommunications................................................................... Highway Safety Grants.............................................................. Total Funds Budgeted................................................................ State Funds Budgeted................................................................

Attached Units Functional Budgets

Total Funds

Office of Highway Safety Georgia Peace Officers
Standards and Training Police Academy Fire Academy

3,357,518
5,561,459 1,057,938 1,158,915

305
189,140 45,000 619,000
0 290,000
35,000 1,047,750 20.921,829
0 20,921,829

State Funds
21,011,536 20,770,379 53,888,695 95,670,610
14,067,745
7,203,140 2,586,935
87,970 68,500 198,860 102,114 646,987 235,708 144,490 3,580,523
0 14,855,227 13,760,227
429,531 28,450 9,828
0 3,168 78,161 7,500 37,080 3,800 2,760,000 3,357,518 307,518

State Funds

$

307,518

$

5,561,459

$

992,938

$

1,058,915

306

JOURNAL OF THE HOUSE,

Georgia Firefighters Standards and
Training Council Georgia Public Safety
Training Center Total

$

466,052

$

6,610,863

$

18,212,745

466,052
5,680,863 14,067,745

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....................................................... Real Estate Rentals ....................................... Per Diem, Fees and Contracts ..................... Computer Charges.......................................... Telecommunications ...................................... Total Funds Budgeted................................... State Funds Budgeted...................................

8,382,229 6,773,916
421,285 256,756 216,200 36,174 305,489 1,688,000 408,660 126.754 10,233,234 8,382,229

Public Service Commission Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,736,672

$

3,503,951

$

4,992,611

$

10,233,234

1,736,672 1,828,826 4,816,731 8,382,229

Section 36. Regents, University System of Georgia.
A. Budget Unit: Resident Instruction.......... Resident Instruction Budget: Personal Services:
Gen., and Dept. Svcs ................................ Sponsored Operations............................... Operating Expenses: 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 .....................................

994,559,952
1,062,872,775 140,000,000
255,884,706 150,000,000 10,688,094
308,856 338,725 319,747 4,347,000 250,000 1,625,009,903 40,000,000 290,000,000

MONDAY, JANUARY 30, 1995

307

Other Funds.....................................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

297,422,651 3,027,300
994,559,952

B. Budget Unit: Regents Central Office and Other Organized Activities ....................................$
Regents Central Office and Other Organized Activities Budget:
Personal Services: Gen., and Dept. Svcs ......................................................................$ Sponsored Operations.....................................................................$
Operating Expenses: Gen. and Dept. Svcs .......................................................................$ Sponsored Operations.....................................................................! Agricultural Technology Research Program...............................! Advanced Technology Development Center...................................................................! Mercer Medical School Grant .......................................................$ Morehouse School of Medicine Grant .........................................$ Capitation Contracts for Family Practice Residency.........................................................! Residency Capitation Grants.........................................................! Student Preceptorships ..................................................................$ Center for Rehabilitation Technology .........................................$ SRBB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships......................................................................! Rental Payments to Georgia Military College...........................................................................! CRT, Incorporated Contract at Georgia Tech Research Institute ..............................................$ Direct Payment - GPTC ................................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

157,574.988
245,195,570 68,262,264
124,691,717 38,852,768 1,991,867
1,890,857 6,244,350 5,141,300
2,937,583 2,484,870
146,400 2,189,510 5,960,000 1,253,086
600,000 200,000
821,295
212,983 10,379,680
332,090 519,788,190 106,039,476 255,618,026
555,700 157,574,988

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension
Skidaway Institute of Oceanography
Marine Institute Georgia Tech
Research Institute Education Extension
Services Agricultural
Experiment Station Cooperative Extension
Service Medical College of Georgia

1,812,259 3,791,776 1,317,167 127,199,259 8,463,549 52,846,849 45,079,061

1,275,471 1,460,887
916,444 12,846,183 2,437,349 34,548,196 27,620,704

308

JOURNAL OF THE HOUSE,

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

225,427,808
2,602,078
2,644,592
22,395,342
2,719,756
2,947,130 20,241,564
300,000 519,788,190

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................!
Public Telecommunications Commission Budget: Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund...................................................................................$ Capital Outlay - GPTC..................................................................$ Georgia Research Alliance .............................................................$ Capital Outlay - Georgia State University...........................................................................! Per Diem, Fees and Contracts......................................................! Statewide Library Initiative ..........................................................$ FutureNet.........................................................................................! Special Rehab Projects...................................................................! Albany State College Flood Recovery..........................................! Georgia Center for Continuing Education ..................................$ Zoo Atlanta Educational Research Center..................................! Center for Manufacturing Information Technology - EDI..................................................! Classroom Computers.....................................................................! Satellite Dishes................................................................................! Technology Centers........................................................................! Mobile Technology Labs................................................................! Model Technology Schools ....................................,.......................$ Retrofitting........,.................................................................,............! Alternative Schools.........................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

Section 37. Department of Revenue. Budget Unit: Department of Revenue...............................................!
Operations Budget Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!

30,449,184
2,602,078
493,303
22,395,342
0
90,098 20,139,749
300,000 157,574,988
0
7,098,276 9,478,750 16,577,026 16,577,026
0
186,522,769
19,321,347 32,221,000 36,553,653
0 50,000 8,050,000 4,045,000 3,000,000 13,000,000 500,000 2,500,000
500,000 35,264,339
242,832 110,000 1,750,000 10,000,000 18,450,000 964,598 186,522,769 186,522,769
90,339,945
55,303,453 4,610,482 1,385,187
246,000 813,569

MONDAY, JANUARY 30, 1995

309

Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................? Telecommunications.......................................................................? County Tax Officials/Retirement
and FICA......................................................................................$ Grants to Counties/Appraisal Staff..............................................$ Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................? Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

2,832,804 511,874
14,911,879 1,114,537
3,369,000 0
6,286,955 3,636.176 95,021,916 3,845,000 90,339,945

Department of Revenue Functional Budgets

Total Funds

State Funds

Departmental Administration Internal Administration Information Systems Field Services Income Tax Unit Motor Vehicle Unit Taxpayer Accounting Central Audit Unit Property Tax Unit Sales & Use Tax Unit State Board of Equalization Total

6,924,475 11,811,405 10,048,346 17,796,493 7,514,844 20,953,312
4,371,671 7,127,628 4,331,733 4,096,009
46,000 95,091,916

6,924,475 11,611,405 9,233,146 17,496,493 6,814,844 19,653,312
4,371,671 7,127,628 3,294,762 3,766,209
46,000 90,335345

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.... Elections Expenses........................ Total Funds Budgeted.................. State Funds Budgeted..................

26.393,983 16,241,077 3,692,497
230,350 111,000 243,162 2,030,588 2,484,990 368,304 1,337,015 700.000 27,438,983 26,393,983

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

3,392,270 4,499,349
4,866,080
3,474,652 1,048,300
372,291 9.786.041 27,438,983

3,362,270 4,424,349
4,150,080
3,454,652 994,300 372,291
9,636,041 26,393,983

310

JOURNAL OF THE HOUSE,

B. Budget Unit: Real Estate Commission.........................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted.....................................................,..............! State Funds Budgeted....................................................................!

1,949,825 1,136,025
155,100 16,000 23,000 8,000 350,000 113,700 30,000 118,000 1,949,825 1,949,825

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................................................................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ 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....................................................................!

30.636.064 4,999,073
464,051 101,800 20,000 421,000 44,800 144,250 208,739 4,076,000 22,135,260 5,003,940
38,000 75,000 160,000 593,600
425.000 38,910,513 30,636,064

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation

5,342,017

0

0

0

MONDAY, JANUARY 30, 1995

Georgia Student Finance Authority
Georgia Nonpublic Postsecondary Education Commission
Total

32,506,800
1,061,696 38,910,513

B. Budget Unit: Lottery for Education..............................................$ HOPE Financial Aid - Tuition .....................................................$ HOPE Financial Aid - Books........................................................! HOPE Financial Aid - Fees...........................................................! HOPE - Tuition Equalization Grants..........................................! HOPE - Georgia Military College Scholarships .....................................................................................$ HOPE - LEPD Scholarships .........................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

Section 41. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .....................................$ Department Operations Budget:
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Retirement System Members........................................................! Flood 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....................................................................!

311
30,034,058
602.006 30,636,064
85,697.875 42,357,875 15,000,000
8,000,000
20,000,000
240,000
100,000 85,697,875 85,697,875
3,925,000
3,850,033 365,250 30,000 14,677 24,150 967,136 469,750 68,893 383,000
3,400,000
525,000 10,097,889 3,925,000
145,238.288 3,872,659 400,793 120,500 0 15,000 406,730 334,490 158,000 704,000 99,823,159 19,869,284 0 7,324,563 25,012,445 2,758,900 15,311,394
176,111,917 145,238,288

312

JOURNAL OF THE HOUSE,

Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

6,012,172 170,099,745 176,111,917

4,023,495 141,214,793 145,238,288

B. Budget Unit: Lottery for Education..............................................$ Computer Laboratories and Satellite Dishes - Adult Literacy ..............................................................$ Capital Outlay - Technical Institute Satellite Facilities........................................................................$ Equipment - Technical Institutes ................................................$
Repairs and renovations - Technical Institutes.......................................................................................!
Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

41,550,423
1,000,000
19,147,673 14,402,750
7,000.000 41,550,423 41,550,423

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...................................................................-!

454,915,497 244,633,944 55,888,851
1,494,910 1,522,000 5,757,602 6,077,860 1,334,773 2,503,900 47,534,677 632,498,885
1,024,100
1,167,500 9,463,781
680,000
0 1,011,582,783
454,915,497

Department of Transportation Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

762,267,424 196,819,300 12,062,562 23,126,927 994,276,213

226,740,895 185,619,300 11,512,562 22,501,927 446,374,684

General Funds Budget

Planning and Construction Paving at State and
Local Schools and State Institutions Air Transportation

1,625,316
0 1,403,525

1,625,316
0 1,016,525

MONDAY, JANUARY 30, 1995

313

Inter-Modal Transfer Facilities
Harbor/Intra-Coastal Waterways Activities
Total

$

13,597,729

$

680,000

$

17,306,570

$

5,218,972

$

680,000

$

8,540,813

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....................................................................!

23,536.066 4,769,335
115,123 75,700
0 183,700 10,253 238,641 57,883 198,500
17,386,621
6,970,976
325,825 30,332,557 23,536,066

Veterans Service Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

!

5,569,735

!

17,723,246

!

7,039,576

$

30,332,557

!

5,299,126

!

13,222,776

!

5,014,164

!

23,536,066

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....................................................................$

10,192,885 7,368,707
370,549 58,000
0 19,250 490,482 1,013,996 109,040 204,518 748,343 10,382,885 10,192,885

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

397,486,235

314

JOURNAL OF THE HOUSE,

Funds (Issued).........................................................$
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ............................................................$ Motor Fuel Tax Funds (New) ............................................................$

61,000,000 458,486,235
4,969,995 0
4,969,995

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 place ment in the General Assembly.

Section 48. Provisions Relative to Section 3, Supreme Court. The appropri ations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate court of Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.

Section 49. Provisions Relative to Section 4, Court of Appeals. The appro priations in Section 4 (Court of Appeals) of this Act for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for Judges and the employees of the Court.

Section 50. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 51. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 52. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 53. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

MONDAY, JANUARY 30, 1995

315

Section 54. Provisions Relative to Section 12, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible.
The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan can be developed. All radio equipment purchases shall require the approval of the Office of Planning and Budget.
It is the intent of the General Assembly with reference to the development of a com munications 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.) Selected option shall be competitively bid; 3.) Office of Information Technology shall be responsible for the development of requests for proposals relating to the various components of the communications system project;

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 deter mine 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", spe cific, 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 Multi Purpose 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

316
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

JOURNAL OF THE HOUSE,
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

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

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 DeKalb County
Richmond County Board of Education
Richmond County Board of Education
Terrell County City of Rockmart City of Decatur
City of Perry

MONDAY, JANUARY 30, 1995
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

317
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

318

JOURNAL OF THE HOUSE,

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 chap lains as that for classified merit system positions with the same job duties.
It is the intent of this General Assembly that the Department is authorized to 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 fund ing assumes a base unit cost of $1,689.75. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 20, funds are designated and committed for the purpose of special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under board of Education policy IDDF and may not exceed $600,000 for FY 1995.
From the Appropriations in Section 20, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service agencies (RESAs), funds will be allocated to each RESA for SFY 1995 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area

MONDAY, JANUARY 30, 1995

319

served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1995 that it contributed during SFY 1994.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumu late empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
Provided, that funds for pilot elementary school foreign language programs shall be used for kindergarten, first and second grade programs in schools which had pilot kinder garten programs in Fiscal Year 1993.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.
Section 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 com pilation, 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 not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

320

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Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1995 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase
the percent of cost reimbursed to providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hos pital and that existing funds appropriated herein for mental retardation hospitals be uti lized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting. Provided, the department is authorized to transfer Personal Services surpluses, not to exceed $275,000 at each of the MH/MR/SA institutions to insure sufficient funding for agency contracted nursing services. Such transfers shall not require prior budgetary approval. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds. It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chap ter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program. The Department of Human Resources is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system.

MONDAY, JANUARY 30, 1995

321

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 hempohilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acqui sition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home vistis 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 Depart ment 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 appro priated 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 Har alson 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 sys tems.
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 appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
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.
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 estab lish 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.

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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 appropri ated in Section 32 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 32.
Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 66. Provisions Relative to Section 36, Board of Regents, Univer sity System of Georgia. The Board of Regents is authorized to continue development of quality - added programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Provided, that of the above amount, $3,750,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
Provided that of the above Lottery funds, $15,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Additionally, $14,950,000 shall be used to match public and private grants to public colleges and universities. Provided, how ever that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents 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 Tele communication Technology encourage and support private funding and construction of the facility that can be used by the Center for research and development of advanced telecom munications technologies, telecommunications related education, technical assistance to business and government and the transfer of technology to industry. It is the intent of this General Assembly to recommend to future sessions of the General Assembly that the facil ity 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 67. Provisions Relative to Section 38, Secretary of State. Pro vided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation.
Section 68. Provisions Relative to Section 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 69. 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.

MONDAY, JANUARY 30, 1995

323

Provided, that of the funds appropriated herein, $35,000.00 is designated and commit ted solely for Board Member Training.
Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County.
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 70. Provisions Relative to Section 43, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article 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.
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 $507,374,684 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
It is the 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 71. 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

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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"), and for 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 opera tion of the Employment Service and Unemployment Insurance Programs in the Depart ment 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 depart mental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 72. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 73. Each and every agency, board, commission, and authority receiving appropriations in this Act shall procure and utilize only the most economical and costeffective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 74. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.

MONDAY, JANUARY 30, 1995

325

Section 75. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine expenditures as contemplated in this Appropriations Act.
Section 76. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.
Section 77. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 78. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 79. (a.) All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recommendations contained in the Budget Report submitted to the General Assembly at the 1994 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfer within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common budget classes" shall include Personal Services, Regular Operating Expenses, Travel, Motor Vehicles Equipment Pur chases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Tele communications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 80. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.

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For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 81. Provisions Relative to Section 46 State of Georgia General Obligation Debt Sinking Fund. The following authorization to issue General Obliga tion Debt and the corresponding appropriation are hereby repealed: The existing but unexercised authorization to issue $140,000,000 in principal amount of General Obligation Debt for Georgia Building Authority or the Department of Defense, Ga. Laws 1993, pp. 1909, 1913.
With regard to the appropriations in Section 46 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $1,185,000 is specif ically appropriated for the purpose of financing projects for the Department of Adminis trative Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,440,000 is specif ically appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $960,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $10,000,000 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)", $533,250 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,250,000 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)", $474,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,000,000 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)", $326,400 is specifi cally appropriated for the purpose of financing projects for the Georgia Bureau of Investi gation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

MONDAY, JANUARY 30, 1995

327

From the appropriation designated "State General Funds (New)", $1,584,000 is specif ically 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 $16,500,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $388,680 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,640,000 in principal amount of General Obliga
tion Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated "State General Funds (New)", $115,200 is specifi
cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension,
enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,200,000 in principal amount of General Obliga
tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $67,200 is specifi
cally appropriated 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 $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)", $2,304,000 is specif ically appropriated for the purpose of financing projects for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $24,000,000 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)", $1,152,000 is specif
ically appropriated for the purpose of financing projects for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $12,000,000 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)", $264,960 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections,
by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,760,000 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)", $1,248,000 is specif ically 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 $13,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

328

JOURNAL OF THE HOUSE,

From the appropriation designated "State General Funds (New)", $59,520 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $620,000 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)", $133,905 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $565,000 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)", $48,000 is specifi cally appropriated for the purpose of financing projects for the Department of Human
Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the
issuance of not more than $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)", $52,140 is specifi cally appropriated for the purpose of financing projects for the Department of Human
Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the
issuance of not more than $220,000 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)", $52,800 is specifi cally appropriated for the purpose of financing projects for the Department of Industry,
Trade and Tourism, 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 $550,000 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)", $4,068,960 is specif ically appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec
tion therewith, through the issuance of not more than $42,385,000 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)", $480,000 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,
structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $5,000,000 in principal amount of
General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $127,980 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec
tion therewith, through the issuance of not more than $540,000 in principal amount of

MONDAY, JANUARY 30, 1995

329

General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $960,000 is specifi cally appropriated for the purpose of financing George L. Smith II Georgia World Con gress Center facilities for the Department of Industry, Trade and Tourism, 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 $10,000,000 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)", $384,000 is specifi cally appropriated for the purpose of financing George L. Smith II Georgia World Con gress Center facilities for the Department of Industry, Trade and Tourism, 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

Section 82. 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% for employees of the Judicial, Legislative and Exec utive branches to be awarded on each employee's anniversary date. Increases are contin gent 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 nonacademic personnel and on September 1, 1994 for academic person nel. 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 Agency, Senior Agent, Prin cipal Agency, Assistant Agency-in-Charge, Special Agency-in-Charge, Inspector, Assistant Deputy Director, Trooper Cadet, Trooper, Trooper First Class, Corporal, Sergeant, Lieu tenant, Captain, Sergeant First Class (Post Commander), Sergeant (Assistant Post Com mander), Conservation Ranger Cadet, Conservation Ranger, Conservation Ranger First Class, Conservation Corporal, Conservation Sergeant, Conservation Captain, Revenue Enforcement Officer, Revenue Corporal, Revenue Sergeant, Revenue Lieutenant, Revenue Captain. 6.) To increase the monthly supplement earned by Squad Leaders, Assistant Squad Leaders and members of the Department of Corrections Tactical Squads 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 pro vide 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 83. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1995 .................................$
(Including $139,287,133 in the Indigent Care Trust Funds and $366,428,044 in Lottery Proceeds)

10,226,138,444

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."

330

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 1994-1995; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. An Act providing appropriations for the State Fiscal Year 1994-1995, as amended, known as the "General Appropriations Act" approved April 18, 1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Section 84, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $9,492,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

PART I.

LEGISLATIVE BRANCH

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

$24.203,650 12,400,319 3,809,504 2,779,448
98,500 7,000
0 253,500 488,000
5,000 656,000 113,970
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

House of Representatives and Research Office

Total Funds

$

9,264,912

State Funds

$

9,264,912

MONDAY, JANUARY 30, 1995

331

Speaker of the House's Office Clerk of the House's Office Total

$

517,887

$

1,371,270

$

11,154,069

$

517,887

$

1,371,270

$

11,154,069

Joint Functional Budgets

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

Total Funds

$

2,466,165

$

2,140,263

$

1,029,240

$

1,974,477

$

7,610,145

State Funds

$

2,466,165

$

2,140,263

$

1,029,240

$

1,974,477

$

7,610,145

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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, 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 not withstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations.

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications......................................................................^

17,463,512 14,245,693
428,820 560,650 105,102 143,980 852,070 34,000 958,197 135,000

332

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...........................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 5. Superior Courts. Budget Unit: Superior Courts .............................................................$
Operation of the Courts .................................................................$ Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$ Council of Superior Court Judges................................................! Judicial Administrative Districts..................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts..............................................................!
Section 7. Institute of Continuing Judicial Education.
Budget Unit: Institute of Continuing Judicial Education..................................................!
Institute's Operations.....................................................................! Georgia Magistrate Courts
Training Council..........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Section 8. Judicial Council. Budget Unit: Judicial Council....................................,........................!
Council Operations..........................................................................! Case Counting..................................................................................! Board of Court Reporting..............................................................! Payment to Council of
Magistrate Court Judges............................................................! Payment to Council of
Probate Court Judges.................................................................! Payment to Council of
State Court Judges......................................................................! Payment to Council of
Superior Court Clerks.................................................................! Payment to Resource Center.........................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

17,463,512 17,463,512
5,433,395 4,594,033 1,485,605 6,079,638 5,433,395
6,269.416 5,615,839
703,577 6,319,416 6,269,416
51,050,860 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

MONDAY, JANUARY 30, 1995

333

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

148,808

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

2,000,000

Section 11. Georgia Courts Automation Commission. Budget Unit: Georgia Courts
Automation Commission........................................$ Operating Expenses........................................................................! Computerized Information Network............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,244,331 588,985 655,346
1,244,331 1,244,331

PART III.

EXECUTIVE BRANCH

Section 12. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services.........................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Rents and Maintenance Expense .................................................$ Utilities.............................................................................................! Payments to DOAS Fiscal Administration .................................$ Direct Payments to Georgia Building
Authority for Capital Outlay.....................................................! Direct Payments to Georgia Building
Authority for Operations............................................................! Telephone Billings..........................................................................! Radio Billings..................................................................................! Materials for Resale........................................................................! Public Safety Officers Indemnity Fund ......................................$ Health Planning Review Board Operations................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

36,140,264 43,759,305 21,235,065
280,459 174,200 1,968,391 17,158,273 2,929,021 1,415,182 4,287,065 11,305,000 46,500 2,750,000
500,000
300,000
52,950,576 760,712
21,000,000 250,000 35.000
183,104,749 36,140,264

Departmental 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

1,437,648 2,871,076 11,025,460
493,362 2,856,088
534,080 17,435,092 54,242,035 4,113,230 73,737,518

!

619,823

!

2,746,241

$

8,275,460

!

493,362

!

2,856,088

!

0

!

0

!

13,766,925

!

0

$

5,850,000

334

JOURNAL OF THE HOUSE,

Printing Services Surplus Property Mail and Courier Services Risk Management State Properties Commission Distance Learning and
Telemedicine Office of the Treasury Total

7,007,090 2,164,629 1,265,067 2,629,572
470,332
0 822,470 183,104,749

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.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities.............................................................................................! Contractual Expense.......................................................................! Facilities Renovations and Repairs..............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 19,181,264 5,476,388
34,984 532,365 387,088 181,873
19,872 215,974 365,312 78,819 8,555,906 297,608
0 35,327,453
0

Departmental Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

I,397,971 5,756,661 4,318,271 5,842,143
383,665 4,212,947 II,899,822 1,515,973
0 35,327,453

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....................................................................!

MONDAY, JANUARY 30, 1995

335

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 ..................................................................................$ 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....................................................................!

36,201,993 31,274,092 4,153,363
896,000 446,460 391,082 359,078 791,341 402,901 957,050 860,000
2,515,782
2,130,411 412,000 127,000 175,000
618,360 250,000
700,000 0
40,000 Q
47,499,920 36,201,993

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

$

7,609,766

!

14,835,472

$

7,150,118

!

6,292,955

!

3,055,849

!

7,833,350

$

722,410

!

47,499,920

6,828,766 11,955,967 3,475,053 6,046,355 2,930,849 4,965,003
0 36,201,993

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 .........................................................................

0 839,425 180,834
7,514 12,500 8,155 5,000
0 7,420 9,008 75,000

336

JOURNAL OF THE HOUSE,

Goods for Resale .............................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

107,400 1,252,256
0

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance.........................!
Personal Services.............................................................................? Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts.................,....................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

8,614,966 6,982,155
384,985 392,080 104,080 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....................................................................?

106,685,151 67,818,535 5,155,525
842,638 234,700 375,195 294,300 1,535,689 773,264 3,630,387 2,144,400 547,600 3,291,400 16,538,041 7,320,344 28,000 110,530,018 106,685,151

Departmental 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 InvestigationAnterstate
Compact Assessment and Classification Youth Services Administration Multi-Service Centers

23,785,481 11,416,767 8,743,519 5,002,303 5,033,614 14,811,181 2,323,798
414,977 932,651 25,527,193
980,826 604,159 7,179,903 3.773,646

?

22,985,981

?

10,977,173

?

8,222,255

?

4,779,805

?

4,787,833

?

14,664,377

?

2,323,798

?

414,977

?

932,651

?

24,727,193

?

980,826

?

604,159

?

7,179,903

?

3,104,220

MONDAY, JANUARY 30, 1995

337

Total

110,530,018

106,685,151

Section 17. Department of Community Affairs. Budget Unit: Department of Community Affairs ............................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ ARC Revolving Loan Fund ...........................................................$
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.....................................................................!
Business Flood Disaster Recovery Program ...............................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

37,115,402 7,571,713 514,983 227,307 12,000 14,476 189,980 549,166 51,309 2,898,783 105,923
2,272,825 4,130,890
94,731
50,536,586 580,883
287,480
100,000 750,000 4,625,000
10,839,967
35,496,473
1,000,000
750,000
180,000 4.000,000 127,780,475 37,115,402

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

70,666,259
4,060,162
53,054,054 127,780,475

!

32,272,787

!

3,538,930

1,303,685 37,115,402

Section 18. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................! Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!

643.362.073 449,778,437 62,560,607
2,110,975 3,114,564 4,169,710

338

JOURNAL OF THE HOUSE,

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications...........,...........................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Utilities .............................................................................................$ Court Costs.......................................................................................$ County Subsidy ...............................................................................$ County Subsidy for Jails................................................................$ County Workcamp Construction Grants.....................................$ Central Repair Fund.......................................................................$ Payments to Central State
Hospital for Meals.......................................................................$ Payments to Central State Hospital
for Utilities ...................................................................................$ Payments to Public Safety for Meals..........................................$ Inmate Release Fund......................................................................! Health Services Purchases.............................................................$ Payments to MAG for Health
Care Certification........................................................................! University of Georgia - College of
Veterinary Medicine Contracts .................................................$ Minor Construction Fund..............................................................$ Total Funds Budgeted....................................................................? Indirect DOAS Funding.................................................................$ Georgia Correctional Industries ....................................................$ State Funds Budgeted....................................................................!

5,012,000 5,681,082 5,822,295 6,377,814
0 20,547,180 1,500,000 13,928,400 5,425,378
0 886,000
3,985,806
1,340,100 459,900
1,400,000 54,967,153
60,400
352,357 0
649,480,158 450,000 0
643,362,073

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

69,782,574 472,829,030 106,868.554 649,480,158

!

68,031,464

! 471,729,471

! 103,601,138

! 643,362,073

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....................................................................!

38.857,656 31,717,996
1,140,630 678,400 264,500 167,500 428,130
2,715,000 838,000 252,500 650,000 5,000
38,857,656 38,857,656

Section 19. Department of Defense. Budget Unit: Department of Defense ................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................!

5,088,471 7,478,958 5,009,530
24,100 0
24,500

MONDAY, JANUARY 30, 1995

339

Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

12,900 10,000 343,245 563,400
0 13,466,633 5,088,471

Departmental Functional Budgets

Total Funds

State Funds

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

2,362,098 4,604,969 6.499.566 13,466,633

2,237,821 533,129
2,317,621 5,088,471

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 Low-Income
Families.........................................................................................!

3,509,037,104
39,154,117 4,745,586 1,201,316
138,000 370,756 12,394,935 1,495,141 1,286,462 26,397,802 895,752 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 89,791,383 615,158,563 130,609,130 (635,201,965) 71,734,084 116,238,958
149,778,370 3,609,604 20,872,296 57,066,117 64,049,932 416,000
198,714,081

340

JOURNAL OF THE HOUSE,

Retirement (H.B. 272 and H.B. 1321) .........................................$ Instructional Services for the Handicapped ...............................$ Tuition for the Multi-Handicapped.............................................$ Severely Emotionally Disturbed ...................................................$ School Lunch (Federal) ..................................................................$ School Lunch (State) ......................................................................$ Supervision and Assessment of Students and
Beginning Teachers and Performance-Based Certification..,...............................................................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................! High School Program .....................................................................$ Special Education in State Institutions.......................................! Governor's Scholarships.................................................................! 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....................................................................!

4,950,000 51,519,023 1,841,080 37,229,829 165,074,766 24,658,747
1,500,000 7,001,200 3,300,462 25,655,564 4,265,569 2,972,200 6,448,277
293,213 1,422,160 10,760,927 5,326,409
934,522 4,039,395 37,880,233 10,019,305
17,093,803 540,250
2,349,999 500,000
8,601,007 12,505,800 4,691,270
312,864 4,806,083
513,000
99,047,892 14,602,242 1,250,000
169,893 1,771,560
356,000 2,575,000 2,000,000 1,876,182 7,250,000 1,130,820
100,000 1,048,000 4,054,141,178
340,000 3,509,037,104

Departmental Functional Budgets

Total Funds

State Funds

State Administration Instructional Services

!

14,096,468

!

25,840,170

13,568,000 20,965,921

MONDAY, JANUARY 30, 1995

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

1,196,467 23,194,362 6,444,528
837,039 3,966,386,311
4,772,121 6,533,109
4,840,603
$ 4,054,141,178

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 ................................... Instructional Technology...................................... Capital Outlay - Lottery ....................................... Technology Installation......................................... Postsecondary Options .......................................... Safe Schools Grant................................................. 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 ........................................................

341
1,105,305 18,558,569 2,995,189
837,039 3,435,785,237
4,537,530 6,319,884 4,364,430 3,509,037,104
235,600,773 79,000,000 13,600,000
500,000 1,000,000 8,500,000
900,000 4,221,839 10,000,000 33,083,000 61,405,934 18,790,000
600,000 4,000,000 235,600,773 235,600,773
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
34,884,307 29,005,181 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

342

JOURNAL OF THE HOUSE,

Total Funds Budgeted.. State Funds Budgeted..

39,704,079 34,884,307

Departmental 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............................................... State Funds Budgeted...............................................

42,525,824 31,473,300 2,883,971
701,306 1,051,110
909,723 1,542,393 1,901,552
774,816 748,250 539,403
0 42,525,824 42,525,824

Departmental Functional Budgets

Administration Drug Enforcement Investigative Georgia Crime Information Center Forensic Sciences Total

Total Funds

$

3,372,654

$

9,952,847

$

13,636,759

!

6,899,244

$

8,664,320

$

42,525,824

State Funds

!

3,372,654

!

9,952,847

!

13,636,759

!

6,899,244

!

8,664,320

!

42,525,824

Section 24. Office of the Governor. A. Budget Unit: Office of the Governor.............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................I Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Cost of Operations ..........................................................................$ Mansion Allowance.........................................................................! Governor's Emergency Fund .........................................................$ Intern Stipends and Travel...........................................................! Art Grants of State Funds.............................................................! Art Grants of Non-State Funds....................................................! Humanities Grant - State Funds..................................................! Art Acquisitions - State Funds.....................................................! Children and Youth Grants...........................................................! Juvenile Justice Grants ..................................................................$

74,100,127 14,294,550
766,978 282,444
0 277,596 628,207 1,000,239 331,161 4,036,843 3,309,094 40,000
4,438,000
165,000 3,007,357
359,004 60,000
0 290,975 1,112,317

MONDAY, JANUARY 30, 1995

343

Georgia Crime Victims Assistance Program. Grants to Local Systems.................................. Grants - Local EMA......................................... Grants - Other................................................... Grants - Civil Air Patrol.................................. Flood - Federal Match ..................................... Flood - Contingency.......................................... Total Funds Budgeted...................................... State Funds Budgeted......................................

100,000 684,400 1,044,200
0 60,000 37,895,000 7,000.000 81,183,365 74,100,127

Departmental 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 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

52,847,094
933,483 6,640,286 4,244,865 2,533,565
352,830
558,546
1,548,110
1,802,768 306,827
3,741,288
5,444,555
229,148 81,183,365

52,847,094
795,474 6,640,286 3,462,865 2,533,565
85,404
558,546
399,959
513,268 306,827 3,741,288
1,986,403
229,148 74,100,127

B. Budget Unit: Lottery for Education..............................................$ Technology Grants..........................................................................$ Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................$

2,000,000 2,000,000 2,000,000 2,000,000

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........................................................! Purchase of Service Contracts ......................................................$ Institutional Repairs and Maintenance.......................................! Postage..............................................................................................! Payments to DMA-Community Care...........................................!

655.678.441
58,146,093 2,026,774 1,327,696 1,554,768 148,992 4,961,394 1,052,879 1,355,714 653,026 244,000 36,680,558 35,021,311 67,500 961,336 13.913,085

344

JOURNAL OF THE HOUSE,

Total Funds Budgeted.................... Indirect DOAS Services Funding. State Funds Budgeted....................

Departmental Functional Budgets

Total 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

$

36,680,558

$

27,921,053

$

5,606,386

$

2,012,276

$

733,080

$

2,859,304

$

9,232,991

$

6,080,909

$

5,638,547

$

1,805,459

$

1,719,924

$

0

$

516,081

$

52,552,209

$

1,688,895

$ 158,115,126

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 Contiacts....................................................... 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..............................................................

Departmental Functional Budgets

Total Funds

158,115,126 412,600
96,501,824

State Funds

$

973,240

$

2,094,214

$

25,131,709

$

26,343,846

$

4,485,460

$

2,012,276

$

723,080

$

2,859,304

$

2,558,166

$

2,275,651

$

5,438,547

$

1,805,459

$

1,719,924

$

(8,030,399)

$

516,081

$

23,986,371

$

1,608,895

$

96,501,824

54,005,810 74,946,444
964,114 0
198,517 1,226,139 5,003,051 I,046,759
747,866 8,131,654
308,000 3,340,000
0 653,222
0 672,246 II,800,246 96,898,979 34,500 139,801
821,135 260,938,483
549,718 138,242,242

State Funds

MONDAY, JANUARY 30, 1995

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
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..

11,778,753 1,215,549 1,384,187
2,093,863 4,153,698
5,298,173 2,725,256 8,798,317 78,171,909 55,093,982 13,394,935 2,863,683 1,716,889
539,785 958,300 6,512,513
1,071,457 1,397,111 1,958,714
978,633 515,002 4,264,369 855,244 303,499 1,879,236 1,833,430 I,213,030 979,000 5,355,679 3,955,146 465,163 7,945,713 11,462,507 3,220,025 3,051,019 172,330 II,362,384
0 260,938,483

345
11,649,078 970,020
1,174,012
1,563,863 3,757,396
5,186,173 326,612
4,481,255 0
54,237,982 6,734,211 1,807,135 1,588,858
400,650 0
5,257,908
741,805 561,596 847,523 978,633 515,002 4,264,369 658,019 303,499 1,745,635 1,609,737 990,212 802,907 5,235,679 1,504,262 285,714 4,131,724 1,474,809 2,485,942 I,990,259 155,178 9,360,303
(1,535,718) 138,242,242
68,784,363 II,108,532 1,128,735
63,700 528,325 4,176,935 7,661,196 2,769,298 1,541,468 24,908,151 27,675 692,387 9,359,186

346

JOURNAL OF THE HOUSE,

Institutional Repairs and Maintenance. Utilities ....................................................... Postage........................................................ Total Funds Budgeted.............................. Indirect DOAS Services Funding ........... State Funds Budgeted..............................

Departmental Functional Budgets

Total 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 Blind Roosevelt Warm Springs Institute Total

3

45,453,275

5

863,713

3

1,709,209

3

8,208,236

$

6,473,709

5

789,944

3

4,007,700

3

701,682

3

32,188,837

3

12,120,947

3

22,106,766

3

134,624,018

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 .............

Grants to County DFACS - Operations. Total Funds Budgeted............................... Indirect DOAS Services Funding ............ State Funds Budgeted...............................

Departmental 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

511,332 4,118,470 6,541,924 3,745,413 11,611,153 1,098,176 2,029,320 36,125,128 51,072,649 431,114,333
100

208,554 912,445 753,068 134,624,018 100,000 22,407,349

State Funds

$

9,104,662

$

581,518

$

793,009

$

3,234,533

$

1,359,940

$

0

$

1,268,731

$

701,682

$

0

$

861,387

$

4.501,887

$

22,407,349

42,497,509 3,914,144 1,065,201 0 348,301 2,631,950 23,641,211 26,886,140 4,070,732 1,095,001
444,673,028 4,372,441
177,382,281 15,700,085 3,846,198 275.638,099 1,027,762,321 2,565,582 398,527,026

State Funds

$

511,332

$

3,740,286

$

5,355,639

$

3,745,413

$

858,784

$

1,098,176

$

1,847,863

$

17,676,179

$

2,615,249

$ 162,573,215

$

100

MONDAY, JANUARY 30, 1995

Refugee Programs Energy Benefits County DFACS
Operations - Eligibility County DFACS Operations -
Social Services

2,799,421 11,613,174
105,907,520
89,656,998

Food Stamp Issuance County DFACS Operations -

3,053,351

Homemakers Services County DFACS Operations - Joint

7,688,443

and Administration County DFACS Operations -

60,219,348

Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention of Foster Care

12,165,790 26,196,997 2,884,700 32,999,018 8,399,105 2,198,812 9,538,644 10,345,743

Day Care Outreach - Contracts

90,303,653 152,058

Special Projects Children's Trust Fund Commission

1,620,548 2,051,000

Indirect Cost Total

0 $ 1,027,762,321

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...........................................................................!

347
0 0
53,010,761
31,779,142 0
2,257,516
28,490,604
4,589,157 10,841,651 1,762,504 21,898,980 6,725,777 1,920,404 7,256,644 6,008,762 27,236,623
152,058 1,595,766
0 (7,021,559) 398,527,026
223,433,775 91,995,894 4,485,746
1,618,468 1,224,135 12,996,418 37,358,337 32,057,911 7,013,092 8,131,654
308,000 3,340,000
0 653,222 24,908,151 27,675
0 1,095,001 444,673,028 5,981,074 214,062,839 71,880,828 96,898,979
310,554 912,445 5,700,403 13,913,085
821,135

348

JOURNAL OF THE HOUSE,

Grants to County DFACS - Operations ......................................$

275,638,099

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 ..........................................................................$

464.567.885 353,591,647 39,273,706
449,738 698,750 1,984,056 4,725,152 194,442 2,565,696 9,355,919 12,051,683 1,789,045 48,998,859 94,642,634 30,356,870 72,283,341 294,118 673,255,656 2,404,100 464,567,885

Departmental 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

39,261,457 31,793,407 26,561,685
21,453,513
26,605,027
28,168,775 142,045,419
19,741,102
50,146,809
18,833,808 3,699,108
2,156,373
1,357,393
73,517,501 30,000,186
806,641 540,887 48,998,859
72,283,341 444,351

24,833,624 13,217,220 24,338,913
19,789,591
19,252,268
22,866,320 85,447,538
18,451,145
22,701,191
16,075,532 2,799,990
2,045,084
1,332,395
37,228,243 26,558,233
806,641 540,887 26,325,371
68,260,321 444,351

MONDAY, JANUARY 30, 1995

349

Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation
Staff Community Mental Retardation
Residential Services Contract with Clayton County
Board of Education for Autistic Children MH/MR/SA Administration Regional Boards Total

1,541,706 294,701 356,684
6,220,726
13,236,299
95,472 10,131,870 2,962,556 673,255,656

1,346,206 294,701 356,684
6,220,726
13,728,048
95,472 6,248,634 2,962.556 464,567,885

Section 26. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ...................................................
Personal Services............................................................ Regular Operating Expenses........................................ Travel............................................................................... Motor Vehicle Purchases .............................................. Equipment....................................................................... Computer Charges.......................................................... Real Estate Rentals....................................................... Telecommunications ...................................................... Per Diem, Fees and Contracts..................................... Local Welcome Center Contracts................................ 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...................................................

19,776,102 8,346,275 1,475,818
335,000 32,000
60,883
152,440 947,130 246,000 704,178 171,600 6,899,578 1,450,000 50,000 50,000
0 0 20,920,902 19,776,102

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

10,981,880

$

4,259,672

$

960,298

$

4,719,052

$

20,920,902

$

10,152,080

$

4,154,672

$

960,298

$

4,509,052

$

19,776,102

Section 27. Department of Insurance. Budget Unit: Department of Insurance........
Personal Services......... ................................ Regular Operating Expenses .....................
Motor Vehicle Purchases ...............................................................$ Equipment........................................ ................................................$ Computer Charges........................ ...................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Health Care Utilization Review....................................................$

14,733,910 12,854,345
713,762 401,560 84,000 55,750 523,256 806,814 251,433 202,990
0

350

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................$

15,893,910 14,733,910

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

$

4,405,813

$

6,357,991

$

435,688

$

4,694,418

$

15,893,910

$

4,405,813

$

6,357,991

$

435,688

$

3,534,418

$

14,733,910

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..........................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,176.250 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

Departmental 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....................................................................!

10,340,106 9,471,091
524,005 102,540
0 26,136 342,637 455,147 125,317 60,000 140,000 11,246,873 10,340,106

Section 30. Department of Medical Assistance. A. Budget Unit: Medicaid Services.....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$

1.111.891.375 13,726,336 4,454,835

MONDAY, JANUARY 30, 1995

351

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...............

188,400 0
74,644 22,787,558
885,000
425,000 66,926,024
3,092,382,832 772,500
3,202,623,129 1,111,891,375

Departmental 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

60,515,270
3,092,382,832 1,347,171
28,383,447
2,347,775 5,404,741
872,783
4,473,502 4,851,441 2,044,167 3,202,623,129

!

2,356,104

! 1,091,938,556

$

516,503

!

7,489,101

!

1,001,508

!

2,702,370

!

332,213

!

2,192,758

!

2,425,720

$

936,542

! 1,111,891,375

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 Budgeted....................................................................!

0 8,255,874 2,080,135
88,440 54,895 917,345 136,505,130 3,472,999 265,357
838.823.000
990,463,175 114,920
11,070,818 979,129,240
148,197 0

352

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

Commissioner's Office Applicant Services Classification and Compensation Flexible Benefits Employee Training
and Development Health Insurance Administration Health Insurance Claims Internal Administration Total

2,661,950 2,364,459 1,362,143 1,241,437
1,552,628 34,960,454 943,205,397 3,114,707 990,463,175

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources......
Personal Services........................................................... Regular Operating Expenses....................................... Travel.............................................................................. Motor Vehicle Purchases............................................. Equipment...................................................................... Real Estate Rentals...................................................... Per Diem, Fees and Contracts.................................... Computer Charges......................................................... Telecommunications ..................................................... Authority Lease Rentals.............................................. Advertising and Promotion.......................................... Cost of Material for Resale ......................................... Capital Outlay: New Construction.......................................................... Repairs and Maintenance............................................ Land Acquisition Support........................................... Wildlife Management Area Land Acquisition.......... Shop Stock - Parks....................................................... User Fee Enhancements............................................... Buoy Maintenance........................................................ Waterfowl Habitat ........................................................ Paving at State Parks and
Historic Sites.............................................................. Grants:
Land and Water Conservation.................................... 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 .............................................

State Funds
84,081,405 68,818,165 13,508,732
513,202 2,016,107 2,278,431 2,392,552 2,736,263 1,002,678 1,146,940
130,000 150,000 2,590,000
1,077,719 2,373,611
225,000
800,000
350,000 1,300,000
35,000 0
500,000
800,000 135,000 1,000,000
0 106,513
170,047
80,000
437,259
300,000
0 250,000 8,918,534 5,363,868

MONDAY, JANUARY 30, 1995

353

Payments to Civil War Commission. 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.........................

31,000
2,354,025 100,000 7,000
123,997,646
887,210
3,804,148
3,362,900
1,415,630 200,000
84,081,405

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Program Support Historic Preservation Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

3,874,300 2,516,164 1,861,209
38,328,779 2,395,525 34,070,527 39,752,075 1.199,067 123,997,646

$

3,874,300

$

2,516,164

$

1,371,209

$

13,465,950

$

2,279,275

$

29,460,224

$

30,157,069

$

957,214

$

84,081,405

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

Departmental Functional Budgets

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

95,670,610
57,572,584 7,432,438
137,617

354

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! State Patrol Posts
Repairs and Maintenance..........................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel.....................................................................................,..........! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Conviction Reports .........................................................................! State Patrol Posts Repairs
and Maintenance.........................................................................! Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

3,731,450 746,325
4,047,061 1,610,356
600,000 437,400
155,000 25,000 76,495,231 1,650,000 74,845,231
16,443,143 1,840,988
25,800 0
173,500 45,000 61,058 619,000 189,140
0 290,000
90,000 1,047,750 20,825,379
0 20,825,379

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

!

22,516,536

!

20,825,379

!

53,978,695

!

97,320,610

!

21,016,536

!

20,825,379

$

53,828,695

$

95,670,610

B. Budget Unit: Units Attached for Administrative Purposes Only .........................................................$
1. Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted........................................................,...........!
2. Office of Highway Safety Budget: Personal Services....................................,........................................! Regular Operating Expenses.........................................................!

14.067,745
7,203,140 2,586,935
87,970 68,500 198,860 235,708 102,114 144,490 646,987 3,580,523
0 14,855,227 13,760,227
429,531 28,450

MONDAY, JANUARY 30, 1995

355

Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9,828 0
3,168 37,080 78,161 3,800 7,500 2,760,000 3,357,518 307,518

Departmental 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

$

5,561,459

$

1,057,938

$

1,158,915

$

466,052

$

6,610,863

!

18,212,745

!

307,518

!

5,561,459

!

992,938

!

1,058,915

!

466,052

!

5,680,863

!

14,067,745

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...................................

8,382,229 6,773,916
421,285 256,756 216,200 36,174 408,660 305,489 126,754 1.688,000 10,233,234 8,382,229

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

!

1,736,672

!

3,503,951

!

4.992,611

!

10,233,234

!

1,736,672

!

1,828,826

!

4.816,731

!

8,382,229

Section 36. Board of Regents, University System of Georgia.

356

JOURNAL OF THE HOUSE,

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....................................................................!
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....................................................................!

994,892.042
1,062,833,065 140,000,000
255,884,706 150,000,000 10,688,094
319,526 349,130 338,382 4,347,000 582,090 1,625,341,993 40,000,000 290,000,000 297,422,651 3,027,300 994,892,042
156,350,533
245,195,570 68,262,264
124,641,717 38,852,768
0 2,041,867 1,890,857
2,937,583 2,484,870
146,400 6,244,350 5,241,300
0 2,189,510 5,960,000 1,253,086
600,000 200,000 821,295
212,983
9,387.315 518,563,735
0 106,039,476 255,618,026
555,700 156,350,533

MONDAY, JANUARY 30, 1995

357

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Education Extension Services Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia
Hospital and Clinics Veterinary Medicine Experiment
Station
Veterinary Medicine Teaching Hospital
Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Office of Technology Policy Total

$

1,812,259

$

3,791,776

$

1,317,167

$ 127,199,259

$

8,463,549

$

52,464,759

$

45,079,061

$ 225,427,808

$

2,652,078

$

2,644,592

$

22,495,342

$

2,719,756

$

2,947,130

$

19,249,199

$

300,000

$ 518,563,735

1,275,471 1,460,887
916,444 12,846,183 2,437,349 34,166,106 27,620,704
30,449,184
2,652,078
493,303 22,495,342
0
90,098 19,147,384
300,000 156,350,533

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................$

0 7,710,938 14,197,082 21,908,020 21,908,020
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...........................................................$ Capital Outlay - GPTC ..................................................................$ Equipment - GPTC ........................................................................$ Georgia Research Alliance .............................................................$ Capital Outlay - Albany State College ........................................$ Equipment........................................................................................$ Per Diem, Fees and Contracts ......................................................$ Zoo Atlanta Resources Center.......................................................$ Special Funding Initiatives............................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

119,741,000
19,321,347 28,921,000 3,300,000 36,553,653 13,000,000 1,000,000
50,000 2,500,000 15,095,000 119,741,000 119,741,000

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......................................................!

90,339,945 55,303,453 4,610,482 1,385,187
246,000 813,569 14,911,879 2,832,804 1,114,537 511,874

358

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........................

Departmental Functional Budgets

Total 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

6,924,475 11,550,194 9,196,862 17,946,427 7,381,105 22,226,798 7,127,628 4,321,023 4,052,863
46,000 4,248,541 95,021,916

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.................

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Business Services and Regulation Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Total

$

3,392,270

$

4,534,349

$

4,866,080

$

3,474,652

$

1,048,300

$

372,291

$

9,786,041

$

27,473,983

B. Budget Unit: Real Estate Commission.. Personal Services....................................... Regular Operating Expenses ................... Travel.......................................................... Motor Vehicle Purchases ......................... Equipment..................................................

3,369,000 0
6,286,955 3,636,176 95,021,916 3,515,200 90,339,945
State Funds
6,924,475 11,350,194 8,381,662 17,646,427 6,681,105 20,926,798 7,127,628 3,284,052 3,723,063
46,000 4,248,541 90,339,945
26,428,983 16,241,077 3,727,497
230,350 111,000 243,162 2,030,588 2,484,990 368,304 1,337,015 700,000 27,473,983 26,428,983
State Funds
3,362,270 4,459,349 4,150,080 3,454,652
994,300 372,291 9,636,041 26,428,983
1,949,825 1,136,025
155,100 16,000 23,000 8,000

MONDAY, JANUARY 30, 1995
Computer Charges...................... Real Estate Rentals................... Telecommunications.................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............
Departmental Functional Budgets

State Funds

Real Estate Commission

$

1,949,825

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.......................................

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.......................................

Departmental Functional Budgets

Total Funds

Internal Administration

5,342,017

359
350,000 113,700 30,000 118,000 1,949,825 1,949,825
Cost of Operations
1,989,825
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
30,636,064 4,999,073
464,051 101,800
0 20,000 421,000 44,800 144,250 208,739
0 4,076,000 22,135,260 5,003,940
38,000
75,000 160,000 593,600 425,000 38,910,513 30,636,064
State Funds
$

360

JOURNAL OF THE HOUSE,

Higher Education Assistance Corporation
Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

0 32,506,800
1,061,696 38,910,513

0 30,034,058
602,006 30,636,064

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................................................................$

75,838,941 37,498,941 12,000,000 6,000,000 20,000,000
240,000 100,000 75,838,941 75,838,941

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....................................................................!

145,238,288 3,872,659 400,793 120,500 0 15,000 406,730 334,490 158,000 704,000 99,823,159 19,869,284 0 7,324,563 25,012,445 2,758,900 15,311,394
176,111,917 145,238,288

Departmental Functional Budgets

Total Funds

State Funds

MONDAY, JANUARY 30, 1995

361

Administration Institutional Programs Total

6,012,172 170,099,745 176,111,917

4,023,495 141,214,793 145,238,288

B. Budget Unit: Lottery for Education..............................................$ Computer Laboratories and Satellite Dishes-Adult Literacy.................................................................$ Capital Outlay - Technical Institute Satellite Facilities .......................................................$ Equipment-Technical Institutes ...................................................$ Repairs and Renovations ...............................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

42,050.423
1,000,000
19,647,673 14,402,750 7,000,000 42,050,423 42,050,423

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....................................................................!

454,915,497 244,633,944 55,888,851
1,494,910 1,522,000 5,757,602 6,077,860 1,334,773 2,503,900 47,534,677 632,498,885
1,024,100 1,167,500 9,463,781
680,000
0 1,011,582,783
454,915,497

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 762,267,424

$ 196,819,300

$

12,062,562

$

23,126,927

$ 994,276,213

$ 226,740,895

$ 185,619,300

$

11,512,562

$

22,501,927

$ 446,374,684

General Funds Budget Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal
Waterways Activities Total

$

1,625,316

$

1,403,525

$

13,597,729

$

680,000

$

17,306,570

$

1,625,316

$

1,016,525

$

5,218,972

$

680,000

$

8,540,813

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service...........
Personal Services........................................................ Regular Operating Expenses.................................... Travel...........................................................................

23,536,066 4,769,335
115,123 75,700

362

JOURNAL OF THE HOUSE,

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..................................

0 183,700 10,253 238,641 57,883 198,500
17,386,621
6,970,976
325,825 30,332,557 23,536,066

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing Home-Augusta Total

5,569,735
17,723,246 7,039,576 30,332,557

5,299,126
13,222,776 5,014,164 23,536,066

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...... ..............................................................^

10,192,885 7,368,707
370,549 58,000
0 19,250 490,482 1,013,996 109,040 204,518
748,343
10,382,885 10,192,885

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) ...................................................$

384,046,235 61,000,000 445,046,235

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New)...........................................................$ Motor Fuel Tax Funds (New).......................................................$
$

18,997,035 0
18,997,035

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 place ment in the General Assembly.

MONDAY, JANUARY 30, 1995

363

Section 48. Provisions Relative to Section 3, Supreme Court. The appropri ations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.
Section 49. Provisions Relative to Section 4, Court of Appeals. The appro priations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.
Section 50. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 51. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 52. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 53. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 54. Provisions Relative to Section 12, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible. The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan can be developed. All radio equipment purchases shall require the approval of the Office of Planning and Budget.
It is the intent of the General Assembly with reference to the development of a com munications 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

364

JOURNAL OF THE HOUSE,

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 deter mine the feasibility of relocating the MLK laboratories.
Provided that of the appropriation to the Department of Agriculture, up to $44,500 is authorized to be expended for the purpose of improving or expanding the Statesboro poultry facility.

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", spe cific, 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 City of Macon Wayne County City of Odum City of Buford Americus City Board

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 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

25,000 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

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 City of Stapleton
Columbia County
City of Rome
Columbia County Board of Education
City of Pearson

MONDAY, JANUARY 30, 1995
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 Renovations to Volunteer Fire Department Facility Volunteer Fire Department Operations Camp Good Times Operation Renovations to Evans Middle School Renovations to City

365 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
10,000 10,000 15,000 10,000

366
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 DeKalb County
Richmond County Board of Education
Richmond County Board of Education
Terrell County City of Rockmart City of Decatur
City of Perry Athens/Clark
County Union County Coffee County
Puluski County Worth County

JOURNAL OF THE HOUSE,
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 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

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 30,000 100,000
25,000 25,000

MONDAY, JANUARY 30, 1995

367

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
Columbus/Muscogee County

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 Construction and
Purchase of Equipment Planning for a regional
education/cultural facility

$

10,000

$

25,000

$

25,000

$

25,000

$

25,000

$

25,000

$

48,190

$ 250,000

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 chap lains as that for classified merit system positions with the same job duties.
It is the intent of this General Assembly that the department is authorized to utilize $180,000 of existing funds for the purchase of Waycross Diversion Center.

Section 58. Provisions Relative to Section 20, State Board of Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,689.75. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 20, funds are designated and committed for the purpose of special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1995.
From the Appropriations in Section 20, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1995 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1995 that it contributed during SFY 1994.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of

368

JOURNAL OF THE HOUSE,

the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumu late empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
Provided, that funds for pilot elementary school foreign language programs shall be used for kindergarten, first and second grade programs in schools which had pilot kinder garten programs in Fiscal Year 1993.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.
Provided, that of the funds appropriated in Section 20, $8,926,440 is designated and committed to pay for the settlement of Civil Action File No. CV-490-191, Board of Public Education of the city of Savannah and the County of Chatham, et aL vs. State of Georgia.
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 com pilation, 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 not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

MONDAY, JANUARY 30, 1995

369

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding. It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1995 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hos pital and that existing funds appropriated herein for mental retardation hospitals be uti lized in serving any mental retardation client who is moved from a state mental
retardation hospital to a community setting. Provided, the Department of Human Resources is authorized to transfer funds
between the Personal Services object class and the Per Diem, Fees and Contracts object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds.
It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chap ter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend

370

JOURNAL OF THE HOUSE,

a portion of any such new federal funds for the administration and implementation of this program.
The Department of Human Resources is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 33 mentally retarded clients from hospitals to community residential settings.
The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services.
The Department of Human Resources is directed to provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acqui sition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home visits and coordinated after care with federally funded Comprehensive Hemophilia Treatment Centers utilizing the agency's nurses and social workers and with no charge to the uninsured clients.
Provided, that of the above appropriation, funding for recently introduced and technologically advanced psychotropic medications may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these medications. Such transfers shall not require prior budgetary approval.
It is the intent of the General Assembly that no funds appropriated to the Depart ment 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 appro priated 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 sys tems.
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 appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
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.
The Department is authorized to extend medical coverage to eligible nineteen and twenty year olds in foster care.

MONDAY, JANUARY 30, 1995

371

It is the intent of the General Assembly that the Board of Medical Assistance estab lish 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 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 65. Provisions Relative to Section 32, Department of Natural Resources. No land shall be purchased for State park purposes from funds appropri ated in Section 32 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 32.
Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 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 pur suit 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, how ever that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents shall allocate $3,000,000 for edu cational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.
Section 68. Provisions Relative to Section 38, Secretary of State. Pro vided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation.
Section 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.

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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 commit ted solely for Board Member Training.
Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County.
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 Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $507,374,684 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.

MONDAY, JANUARY 30, 1995

373

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 $10,342,000 for the purpose of providing operating funds for the Children's Trust Fund ($2,051,000 Budget Unit "A"), for the State physical health lab oratories ($120,000 Budget Unit "A") and for State mental health/mental retardation insti tutions ($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 com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 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
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with

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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 con tinue programs currently funded entirely with Federal funds.
Section 79. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 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 appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

MONDAY, JANUARY 30, 1995

375

Section 81. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 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. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

A.) Maturities not to exceed two hundred forty months.

Principal Amount

Debt Service

Revonvation of TrinityWashington Building
Renovation of the #2 Peachtree Street Building
Construction and equipment for Forensic Sciences Lab in Chattooga Co.
Perimeter fencing and gatehouse at Lorenzo Benn Youth Detention Center
Renovation of four cottages at Millegeville Youth Detention Center
Replacement of HVAC systems at Augusta Youth Detention Center and Rome Regional Youth Detention Center
Replacement of centralized fire alarm/evacuation system at Millegeville Youth Detention Center
Roofing projects at Augusta Youth Detention Center
Additional costs associated with construction of the Savannah Youth Detention Center
Design and construction of 400-bed units at Autry, Dooly, Macon and Washington correctional institutions
Two 150-bed units at

15,000,000 10,000,000 3,400,000
315,000 435,000
290,000
110,000 50,000 700,000
24,000,000

1,440,000 960,000 326,400 30,240 41,760
27,840
10,560 4,800 67,200
2,304,000

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the Eastman Youth Development facility Repairs, renovations and other projects at various correctional facilities statewide Construction of a new state health laboratory Renovations at Georgia Industries for the Blind at Bainbridge Roofing projects at Atlanta Regional Hospital Design of a new Augusta Visitor Information Center and major repairs and renovations to the state's visitor information centers Construction of a Children's Medical Center at the Medical College of Georgia Cost overruns associated with dormitory projects at Georgia Tech Land acquisition and limited site development for the future expansion of the Georgia World Congress Center Cost overruns of the Georgia World Congress Center pedestrian plaza Construction of a laboratory at Northwest Georgia Regional Hospital Provide low interest bonds to local governments for water, sewer and wastewater treatment projects
B.) Maturities not to exceed sixty months.
Replacement of Unisys mainframe computer for law enforcement
Renovation of mechanical systems in the Archives Building
Renovation of elevators in state-owned buildings
Design of two 150-bed youth detention centers in Mclntosh and Muscogee Counties and two additional 100-bed youth detention centers
Renovations to the kitchen and laundry and the conversion of the high temperature/high pressure water system at Brook Run Hospital
Renovation of the water tank at Central State Hospital
Design of a new health and

12,000,000 2,760,000 13,000,000
500,000 620,000
550,000 42,385,000 5,000,000
10,000,000 4,000,000 4,140,000
16,500,000
5,000,000 2,250,000 2,000,000
2,440,000
565,000 220,000

1,152,000 264,960
1,248,000 48,000 59,520
52,800 4,068,960
480,000
960,000
384,000
397,440
1,584,000
1,185,000 533,250 474,000
578,280
133,905 52,140

MONDAY, JANUARY 30, 1995

377

physical education facility at Albany State College

540,000

127,980

Section 84. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1995

$

10,226,138,444

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 86. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 201, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 201 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee substitute.

The following amendments were read and lost:

Representative Kaye of the 37th moves to amend the Committee substitute to HB 201 as follows:
Delete Next Generation School funding
By adding on page 42 in Section 58 between lines 1899 and 1900 the following:
"Provided, however, any sum not expended or obligated as authorized by that part of this Act appearing on page 12 line 522 and page 13 line 562, as of January 30, 1995, is hereby deleted."

Representative Walker of the 87th moves to amend the Committee substitute to HB 201 as follows:
On page 44, line 1989 after the word "is", insert "encouraged, discussed or proposed as".

The following amendment was read and ruled not germane:

Representatives Evans of the 28th, Crews of the 78th, Westmoreland of the 104th and Mills of the 21st move to amend the Committee substitute to HB 201 by inserting imme diately following line 2042 on page 45 the following:
"Provided, that no appropriated funds shall be expended on a contract for centralized emissions testing."

The following amendment was read:

Representative Mills of the 21st moves to amend the Committee substitute to HB 201 as follows:

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JOURNAL OF THE HOUSE,

On page 42, line 1918 by striking ":" and inserting "only to legal citizens of the United States:"

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

N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard
Y Barnes N Bates N Benefield
N Birdsong N Bordeaux
N Bostick Y Breedlove
Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush NBuck N Buckner
Y Bunn Y Burkhalter
N Byrd Y Campbell
N Canty N Carter N Chambless E Channell Y Childers Y Coker Y Coleman, B N Coleman, T N Connell
N Cox Y Crawford

Y Crews N Culbreth N Cummings N Davis, G
Y Davis, M Y Day N DeLoach, B
DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin N Greene Y Grindley N Manner Y Harbin Y Harris
N Hart N Heard N Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard
N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J
Y Johnston N Jones Y Joyce Y Kaye N Kinnamon
Y Klein Y Ladd Y Lakly E Lane Y Lawrence N Lee Y Lewis Y Lifsey N Lord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal
N Orrock

N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal
Y Sanders Y Sauder
Scoggins N Shanahan
E Shaw N Sherrill
Y Shipp N Simpson N Sink-field
N Skipper N Smith, C
Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

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

Y Smith, W
N Smyre Y Snelling N Snow N Stallings N Stancil, F
Y Stancil, S N Stanley, L
Stanley, P N Stephenson
N Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery N Trense N Turnquest
N Twiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmorland N Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Crews of the 78th moves to amend the Committee substitute to HB 201 as follows: On page 41, line 1874, by striking the "." and inserting
"that does not promote behavior which is inconsistent with current Georgia state law."

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

Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard Y Barnes

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

Brown. G Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter YByrd

Y Campbell
N Canty N Carter N Chambless E Channell Y Childers Y Coker Y Coleman, B

N Coleman, T N Connell NCox Y Crawford Y Crews N Culbreth N Cummings N Davis, C

MONDAY, JANUARY 30, 1995

379

Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix
N Dixon, H N Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee Y Golden Y Goodwin
Greene Y Grindley N Hanner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson

N Holland N Holmes N Howard
N Hudson N Hugley Y Irvin
N James N Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce Y Kaye
Y Kinnamon Y Klein
Y Ladd Y Lakly E Lane Y Lawrence NLee Y Lewis Y Lifsey N Lord N Lucas Y Maddox Y Mann

N Martin N McBee Y McCall N McClinton N McKinney
Y Mills N Mobley, B
Y Mobley, J Y Mosley Y Mueller
N O'Neal N Orrock N Parham N Parrish
Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter
Poston N Powell N Purcell, A Y Purcell, B N Randall N Randolph
NRay N Reaves

N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins Y Shanahan
E Shaw Y Sherrill
Y Shipp N Simpson N Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L
N Smith, P Y Smith, T
Y Smith, V Y Smith, \V N Smyre
Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L

On the adoption of the amendment, the ayes were 82, nays 86. The amendment was lost.

Stanley, P Y Stephenson
Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus
Y Towery Y Trense
N Turnquest Twiggs
N Walker, L Y Walker, R.L Y Wall
N Watson N Watts Y Westmoreland Y Whitaker
N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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:

N Ashe N Bailey N Baker Y Bannister N Barfoot
N Bargeron Y Barnard Y Barnes N Bates N Beneiield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter
N Byrd Y Campbell N Canty N Carter N Chambless E Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox Y Crawford

Y Crews
N Culbreth Y Cummings N Davis, G Y Davis, M YDay
N DeLoach, B DeLoach, G
YDix
N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin
N Greene Y Grindley
Hanner Y Harbin Y Harris
NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Huglev Y Irvin N James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly E Lane Y Lawrence N Lee Y Lewis Y Lifsey
Lord
N Lucas Y Maddox
YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal
Orrock

N Parham N Parrish
Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A Y Purcell, B N Randall N Randolph NRay
N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
N Scoggins Y Shanahan EShaw
N Sherrill Y Shipp
N Simpson N Sinklield
N Skipper Y Smith, C Y Smith, C.W
N Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P Y Stephenson
Streat N Taylor N Teague
Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs
N Walker, L Y Walker, R.L
Y Wall N Watson N Watts Y Westmoreland Y Whitaker
N White Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 73, nays 94. The motion was lost.

The Committee substitute was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Y Bargeron Y Barnard Y Barnes Y Bates Y Beneiield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T
Brown, G N Brown, J Y Brush YBuck
Y Buckner N Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
N Day Y DeLoach, B
DeLoach, G N Dix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart Y Epps N Evans N Falls Y Felton Y Floyd Y God bee Y Golden N Goodwin Y Greene N Grindley Y Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon
N Klein NLadd N Lakly E Lane N Lawrence Y Lee Y Lewis N Lifsey YLord
Lucas N Maddox N Mann Y Martin
Y McBee Y McCall Y McClinton
Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
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 Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan EShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

Y Smith, W Y Smyre N Snelling YSnow
Y Stallings 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 Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White N Wiles Y Williams, B Y Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Due to a mechanical malfunction, the vote of Representative Lucas of the 124th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Falls of the 125th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Although I am in favor of several items in this budget, I voted no since there has been too little information available to make a proper judgment. I will continue to work toward giving the people the proper information to enable a proper judgment.
/s/ John P. Yates

MONDAY, JANUARY 30, 1995

381

There are many good proposals in the supplemental budget. An example is the lottery funds for Capitol outlay to growing school systems and flood relief funds for emergency situations. Lottery funds for technical equipment for schools and I could continue. How ever, we are borrowing millions of unnecessary dollars in bond indebtedness and we are far beyond the original intent of the supplemental budget. When did the Ga. Music Hall of Fame become an emergency item and where did the "estimated" $250,000. that was overspent in the Department of Insurance go? I attended the Appropriations Committee Friday morning and the entire House changes were reviewed in 20 minutes and not one single question was ask. This process can be better.
State Rep. District 21 /s/ James Mills

House of Representatives Legislative Office Building, Room 404
Atlanta, Georgia 30334
January 30, 1995
The Supplemental Budget (HB 201) should not be used as a way to spent all excess hard earned taxpayer dollars. The purpose of this type of budget is to fund mid-term adjust ments for education to reflect increased enrollments, to fully fund the rainy day reserve fund and to provide for any emergencies (like relief for flood victims). These are the items I could have supported in the budget. Unfortunately, it was business as usual with new bond debt (despite the fact that state revenues are growing faster than the most optimistic projections), funds for numerous Olympic project construction cost overruns among other projects. On balance, I could not support this bill and voted no.
/s/ Mitchell Kaye

I voted No on the substitute to HB 201 because of items, that I think, should have been in the 1996 Budget. I agree that we need to adjust money's for education and help with the flood relief. I still believe we need to leave the other items to be discussed during the annual budget.
/s/ Rep. Vance Smith, Jr. District 102

House of Representatives Legislative Office Building, Room 411
Atlanta, Georgia 30334

In many respects, the substitute to House Bill 201 represents the best and worst of state government. On one hand, relief for flood victims and additional funds for education is to be commended. On the other hand, the use of taxpayer's funds for construction cost overruns for Olympic Projects, as well as the entire lack of priorities developed in the appropriations process is disconcerting. This supplementary budget should have been recommitted to the Appropriations Committee to ensure only emergency funding was included in this bill. That did not occur. Though I support many of the worthwhile projects in this budget, I cannot support the bill as a whole.
/s/ Scott Dix
SD/nm

The following Resolutions of the House were read and adopted:

382

JOURNAL OF THE HOUSE,

HR 198. By Representatives Polak of the 67th, Williams of the 63rd, Lawrence of the 64th, Martin of the 47th, Teper of the 61st and others:
A resolution congratulating Glenn Memorial United Methodist Church on its 75th anniversary.

HR 199. By Representatives Coker of the 31st, Ehrhart of the 36th, Kaye of the 37th, Barnes of the 33rd, Parsons of the 40th and others:
A resolution urging the State Board of Adult and Technical Education to designate the new building at Chattahoochee Technical Institute in Marietta, Georgia, as the Jack Vaughan Building.

HR 200. By Representatives Barnes of the 33rd, Kaye of the 37th, Coker of the 31st, Parsons of the 40th, Towery of the 30th and others:
A resolution expressing regret at the passing of Honorable Jack Vaughan.

HR 201. By Representatives Snow of the 2nd and Bailey of the 93rd:
A resolution encouraging public and private hospitals, nursing homes, and day care centers to plan for emergencies.

HR 202. By Representative Smith of the 169th: A resolution commending Ms. Laura Lee Rigdon.

HR 203. By Representatives Bargeron of the 120th and Parrish of the 144th: A resolution commending Reverend Marcus F. Price, Sr.

HR 204. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Robert F. Logan.

HR 205. By Representative Poston of the 3rd: A resolution commending Captain Sonny Caldwell.

HR 206. By Representatives Purcell of the 147th, Murphy of the 18th, Barnard of the 154th, Reaves of the 178th, Holland of the 157th and others:
A resolution commending Mr. Clinton Oliver.

HR 207. By Representatives Purcell of the 147th, Murphy of the 18th, DeLoach of the 172nd, Holland of the 157th, Reaves of the 178th and others:
A resolution commending Mr. James Marvin Floyd, Sr.

HR 208. By Representatives Simpson of the 101st and Stallings of the 100th: A resolution commending Mr. Curtis Stewart.

HR 209. By Representative Poston of the 3rd: A resolution commending Mr. Bennie Bradford.

MONDAY, JANUARY 30, 1995

383

HR 210. By Representatives Snow of the 2nd, Perry of the llth, Carter of the 166th, Barnes of the 33rd and Bailey of the 93rd:
A resolution encouraging public and private schools to plan for emergencies.

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 31, 1995

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 Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove
Brooks, D
Brooks, T
Brown, G
Brown, J
Brush
Buck
Buckner Bunn Burkhalter Byrd
Canty Carter Childers Coker
Coleman, B
Connell
Cox
Crawford
Crews

Culbreth Cummings Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Ehrhart Epps Falls Felton Floyd
Golden Greene Grindley Harbin Harris Heard Hegstrom Hembree Henson Holland Howard Hudson Hugley James Jamieson Jenkins

Johnson. G Johnson, J Johnston
Joyce Kaye Kinnamon
Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall McClinton McKinney
Mills Mobley, J Mosley Mueller O'Neal Parham Parrish
Parsons Pelote

Perry Pinholster Porter
Poston
Powell Purcell, A
Purcell, B
Randolph Ray Reaves Reichert
Roberts Rogers Royal Sanders
Sauder Scoggins Shanahan Shaw Sherrill
Shipp Simpson Skipper Smith, C Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V
Smith, W

Snelling Stallings Stancil, F Stancil, S
Stanley, P
Stephenson Streat Taylor Teague Teper Thomas Tillman Titus Towery Trense Walker, L Walker, R.L Wall Watson
Westmorland
Whitaker
White Wiles
Williams, B
Williams, J Williams, R Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Mobley of the 69th, Irvin of the 45th, Bannister of the 77th, Heckstall of the 55th, Watts of the 26th, Hanner of the 159th, Goodwin of the 79th, Dobbs of the 92nd, Twiggs of the 8th, Davis of the 48th, Godbee of the 145th, Jones of the 71st, Sinkfield of the 57th, Stanley of the 50th, Baker of the 70th, Chambless of the 163rd, Polak of the 67th, Orrock of the 56th, Evans of the 28th and Lucas of the 124th.
They wish to be recorded as present.

Prayer was offered by the Reverend Ray Sullivan, Pastor, First Baptist Church, Waycross, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

TUESDAY, JANUARY 31, 1995

385

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

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

HB 491. By Representatives Barnes of the 33rd and Byrd of the 170th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to expenditure of funds for insurance and employment bene fits for certain county officials, so as to authorize such benefits and expenditures for appointed county officers and the personnel thereof, as well as the dependents and beneficiaries thereof.
Referred to the Committee on State Planning & Community Affairs.

HB 492. By Representatives Coker of the 31st and Barnes of the 33rd:
A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to change the provisions relative to population relating to issuance of marriage licenses at satellite courthouses in certain counties.
Referred to the Committee on Judiciary.

HB 493. By Representatives Coker of the 31st and Barnes of the 33rd:
A bill to amend Article 4 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to time, place, and procedure of the probate courts, so as to change the provisions relative to population relating to addi tional courthouse locations of the probate court.
Referred to the Committee on Judiciary.

HB 494. By Representatives Pinholster of the 15th, Stancil of the 16th, Irvin of the 45th, Walker of the 141st, Stephenson of the 25th and others:
A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to change certain penalty provisions applicable to the criminal offenses of trafficking in cocaine, trafficking in illegal drugs, and trafficking in mari juana; to provide that certain sentences shall not be furloughed.
Referred to the Committee on Special Judiciary.

386

JOURNAL OF THE HOUSE,

HB 495. By Representative Poston of the 3rd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to pro vide that all proceedings relevant thereto shall be concluded within one year.
Referred to the Committee on Judiciary.

HB 496. By Representatives Buckner of the 95th, Cox of the 160th, Poston of the 3rd, Rogers of the 20th, Martin of the 47th and others:
A bill to amend Code Section 40-6-391, relating to driving under the influ ence of alcohol or drugs, so as to provide for notice of conviction of endan gering a child by driving under the influence of alcohol or drugs to the Department of Family and Children Services or a similar child welfare agency.
Referred to the Committee on Special Judiciary.

HB 497. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to provide that a person serving as a deputy sheriff of Charlton County shall not be disqualified from election to and service as a member of the Board of Education of Charlton County, if such person is otherwise qualified for election to such office.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 498. By Representatives Williams of the 83rd, Powell of the 23rd, McKinney of the 51st, Bannister of the 77th, Johnson of the 84th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the pro visions relating to when a child may be taken into custody; to change the procedures for taking an unruly child into custody; to authorize counties and municipalities to establish holding facilities for children suspected of being unruly or in violation of local curfew ordinances.
Referred to the Committee on Judiciary.

HB 499. By Representatives Randolph of the 72nd, Snow of the 2nd, Lawrence of the 64th, Mobley of the 69th, Williams of the 63rd and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to public assistance, so as to provide that vehicles transporting persons receiving public assistance and elderly and handicapped persons shall be adequately identified; to require proof of insurance of such vehicles.
Referred to the Committee on Transportation.

HB 500. By Representatives Sherrill of the 62nd, Smith of the 175th, Coleman of the 80th, Walker of the 141st, Taylor of the 134th and others:
A bill to amend Code Section 2C-2-152 of the Official Code of Georgia Anno tated, relating to special education services, so as to provide that special edu cation funding weight shall apply to special education students placed in general education programs.
Referred to the Committee on Education.

TUESDAY, JANUARY 31, 1995

387

HB 501. By Representatives Klein of the 39th, Ashe of the 46th, Johnson of the 97th, Pinholster of the 15th, Irvin of the 45th and others:
A bill to amend Code Section 16-13-49 of the Official Code of Georgia Anno tated, relating to forfeitures, and Code Section 17-15-10 of the Official Code of Georgia Annotated, relating to creation of the Georgia Crime Victims Emergency Fund and the money placed in the fund, so as to provide for the distribution of additional funds to the Georgia Crime Victims Emergency Fund.
Referred to the Committee on Public Safety.

HB 502. By Representatives Klein of the 39th, Campbell of the 42nd, Davis of the 60th, Ashe of the 46th, Trense of the 44th and others:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings, so as to change the way juvenile courts conduct their hearings in delinquency proceedings and allow public access to certain juvenile court files and records which heretofore have been inaccessible.
Referred to the Committee on Judiciary.

HB 503. By Representatives Childers of the 13th, Hugley of the 133rd, White of the 161st, Cummings of the 27th, Taylor of the 134th and others:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Anno tated, relating to contracts of teachers and other school personnel, so as to change which personnel are eligible for such contracts and provide for crimi nal record checks for those personnel.
Referred to the Committee on Education.

HB 504. By Representative Woods of the 32nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to provide for 24 hour supervision of children by probation officers.
Referred to the Committee on Judiciary.

HB 505. By Representatives Crews of the 78th, Birdsong of the 123rd, Smith of the 175th, Mann of the 5th, Bunn of the 74th and others:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical techni cians, so as to change the definition of the term "law enforcement officer"; to provide that certain members of the Georgia National Guard carrying out law enforcement duties shall be eligible for indemnification with respect to death or disability occurring in the line of duty.
Referred to the Committee on Defense & Veterans Affairs.

388

JOURNAL OF THE HOUSE,

HB 506. By Representatives Barnes of the 33rd, Shanahan of the 10th, Bostick of the 165th, Watts of the 26th and Cummings of the 27th:
A bill to amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, so as to provide that the minimum age for retirement shall be reduced from 65 to 60 years of age; to increase the maximum num ber of years of creditable service which may be used to calculate retirement benefits from 16 to 24 years; to change the minimum number of years' ser vice required to qualify for retirement.
Referred to the Committee on Retirement.

HB 507. By Representatives Scoggins of the 24th, Heard of the 89th and McBee of the 88th:
A bill to amend Article 1 of Chapter 2 of Title 44 of the Official Code of Georgia Annotated, relating to recording of deeds and other instruments, so as to provide for the inclusion of a property tax map and parcel number on deeds in order to facilitate the construction and interpretation of recorded deeds.
Referred to the Committee on Judiciary.
HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Anno tated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.
Referred to the Committee on Judiciary.

HB 509. By Representative Wall of the 82nd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to the fixing of criminal sentences and the suspension or pro bation of such sentences, so as to provide that a parolee or probationer charged with a new offense of aggravated assault shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation unless the judge of the superior court determines that the parolee or proba tioner does not constitute a threat to the community.
Referred to the Committee on Judiciary.

HB 510. By Representatives Skipper of the 137th, Hanner of the 159th, Floyd of the 138th, James of the 140th, Hudson of the 156th and others:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to provide for a tax exemption with respect to certain dyed fuel oils; to change licensing require ments in connection therewith.
Referred to the Committee on Ways & Means.

HB 511. By Representatives Floyd of the 138th, Streat of the 167th, Golden of the 177th, Cox of the 160th, Bates of the 179th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to lengths of vehicles and loads, so as to provide that the length of certain loads of wood products may exceed the length of 60 feet without a permit.
Referred to the Committee on Transportation.

TUESDAY, JANUARY 31, 1995

389

HB 512. By Representatives Felton of the 43rd, Williams of the 63rd, Parsons of the 40th, Sanders of the 107th, Harris of the 17th and others:

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 pilot projects using an automated fingerprint matching identification sys-

fe

tern to detect multiple and fraudulent application or receipt of assistance

under that Act.

Referred to the Committee on Children and Youth.

HB 513. By Representatives Watts of the 26th, Jenkins of the 110th, Lane of the 146th, Watson of the 139th, Carter of the 166th 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 handgun.
Referred to the Committee on Public Safety.

HB 514. By Representatives Martin of the 47th and Randall of the 127th:
A bill to amend Code Section 15-18-22 of the Official Code of Georgia Anno tated, known as "The Law School Public Prosecutor Act of 1970," so as to change the definition of the term "district attorney"; to authorize the use of certain law school students and instructors as legal assistants in certain pro ceedings in municipal courts.
Referred to the Committee on Judiciary.

HB 515. By Representatives Martin of the 47th, Randall of the 127th and Murphy of the 18th:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to change the provisions relating to the transfer of cases involving a child 13 to 17 years of age who is alleged to have committed any of certain offenses from the superior court to the juvenile court.
Referred to the Committee on Judiciary.

HB 516. By Representatives Powell of the 23rd, Watson of the 139th, Towery of the 30th, Brush of the 112th, Dixon of the 150th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to change the provi sions relating to ticket scalping and ticket selling; to make it unlawful for any person other than a ticket agent, ticket broker, or ticket seller to sell or offer for sale any ticket to any event.
Referred to the Committee on Industry.

HB 517. By Representative Stancil of the 91st:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Anno tated, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink, so as to repeal a provision permitting the governing authority of any county having a population of not less than 12,800 nor more than 12,900 according to the United States decen nial census of 1990 or any future such census and the governing authority of every municipality in each such county to authorize the issuance of licenses to sell alcoholic beverages by the drink at certain restaurants and private nonprofit clubs after approval by the voters at a referendum.
Referred to the Committee on Regulated Beverages.

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JOURNAL OF THE HOUSE,

HB 518. By Representatives Lakly of the 105th, Lewis of the 14th, Roberts of the 162nd, Dix of the 76th, Sauder of the 29th and others:
A bill to amend Code Section 42-2-11 of the Official Code of Georgia Anno tated, relating to powers and duties of the Board of Corrections, so as to pro vide that such board shall adopt rules and regulations governing inmate space sharing of prison cells.
Referred to the Committee on State Institutions & Property.

HB 519. By Representatives Jenkins of the 110th, Mobley of the 86th and Streat of the 167th:
A bill to amend Code Section 40-5-1 of the Official Code of Georgia Anno tated, relating to definitions relative to drivers' licenses, so as to change the definition of the term "resident".
Referred to the Committee on Motor Vehicles.

HR 193. By Representatives Pinholster of the 15th, Stancil of the 16th, Irvin of the 45th, Stephenson of the 25th and Ehrhart of the 36th:
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 mandatory service of sentences for persons con victed of trafficking in controlled substances or other illegal drugs 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 commuta tion during that portion of the sentence.
Referred to the Committee on Judiciary.

HR 194. By Representatives Hembree of the 98th, Towery of the 30th, Smith of the 175th, Shanahan of the 10th and Snelling of the 99th:
A resolution proposing an amendment to the Constitution so as to provide for limitations on the number of consecutive full terms of office which may be served by members of the House of Representatives and Senate of the State of Georgia, the Lieutenant Governor, the Secretary of State, the Attor ney General, the State School Superintendent, the Commissioner of Insur ance, the Commissioner of Agriculture, the Commissioner of Labor, and members of the Public Service Commission.
Referred to the Committee on Governmental Affairs.

HR 195. By Representative Burkhalter of the 41st: A resolution designating the Old Milton Parkway.
Referred to the Committee on Transportation.

HR 196. By Representatives Burkhalter of the 41st and Trense of the 44th: A resolution designating the Old Milton County Bridge.
Referred to the Committee on Transportation.

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

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391

HB 461 HB 462 HB 463 HB 464 HB 465 HB 466 HB 467 HB 468 HB 469 HB 470 HB 471 HB 472 HB 473 HB 474 HB 475 HB 476 HB 477 HB 478

HB 479 HB 480 HB 481 HB 482 HB 486 HB 489 HB 490 HR 188 HR 189 HR 190 SB 8 SB 17 SB 29 SB 50 SB 60 SB 69 SB 87 SR 30

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 208 Do Pass, by Substitute HB 220 Do Pass, by Substitute HR 173 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 253 Do Pass, by Substitute
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

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JOURNAL OF THE HOUSE,

HB 264 Do Pass, by Substitute HB 401 Do Pass

Respectfully submitted, /s/ Carter of the 166th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 425 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

Mr. Speaker:

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

HB 327 Do Pass HB 483 Do Pass

HB 484 Do Pass HB 485 Do Pass

Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 197 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

TUESDAY, JANUARY 31, 1995

393

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

HB 102 Do Pass HB 284 Do Pass

HB 442 Do Pass HB 451 Do Pass

Respectfully submitted, 1st Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 250 Do Pass, as Amended
Respectfully submitted, Is/ Royal of the 164th
Chairman

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

HB 102. By Representative Davis of the 48th:
A bill to amend an Act revising and consolidating the law pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Per sonnel Administration, so as to eliminate specific requirements with reference to racial minorities and females.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 284. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Ful ton County, so as to provide for a change in the method of compensation of part-time magistrates.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 442. 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 change the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners.

394

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 451. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 99. By Senators James of the 35th, Slotin of the 39th, Henson of the 55th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, so as to provide for the application of said Act to the City of East Point; to provide for the procedure in connection therewith.

SB 33. By Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the display of the United States flag at each polling place on election day.

SB 48. By Senators Crotts of the 17th, Isakson of the 21st, Bowen of the 13th and others:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to provide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway.

SB 51. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to revise the definition of pre mium; to authorize the charging of a penalty with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies.

TUESDAY, JANUARY 31, 1995

395

SB 103. By Senators Turner of the 8th, Starr of the 44th, Hooks of the 14th and oth ers:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions relative to the commissioner, deputy commissioners, and examin ers; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services.

SB 111. By Senators Middleton of the 50th, Edge of the 28th, Madden of the 47th, Cagle of the 49th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to redefine the term "vessel"; to create the crimes of homicide by vessel, feticide by vessel, and committing said crimes.

SB 129. By Senators Thompson of the 33rd and Hill of the 4th:
A bill to amend Code Section 33-9-43 of the Official Code of Georgia Anno tated, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for such premium reduction.

SB 170. By Senator Egan of the 40th:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to exemptions from public disclosure of certain records, so as to add limited restrictions on the disclosure of the location and character of certain historic properties and the location of sensitive natural habitats on private or public land and site specific information relating to the occurrence of rare species of plants or animals.

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

SR 61. By Senators Hooks of the 14th, Starr of the 44th, Gillis of the 20th, Dean of the 31st, Marable of the 52nd and others:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.

HR 185. By Representatives Smyre of the 136th, Murphy of the 18th, Walker of the 141st, Ray of the 128th, James of the 140th and others:
A resolution honoring Fort Valley State College on the occasion of its 100th anniversary.

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

396

JOURNAL OF THE HOUSE,

SB 33. By Senators Marable of the 52nd, Dean of the 31st, Ray of the 19th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the display of the United States flag at each polling place on election day.
Referred to the Committee on Governmental Affairs.

SB 48. By Senators Crotts of the 17th, Isakson of the 21st, Bowen of the 13th and others:
A bill to amend Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions on streets and highways, so as to provide that the Department of Transportation and the governing authority of any county or municipal corporation shall be authorized to establish maximum speed limits in construction sites on or adjacent to any public street or highway.
Referred to the Committee on Transportation.

SB 51. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to revise the definition of pre mium; to authorize the charging of a penalty with regard to the cancellation of policies under certain conditions; to clarify what shall be considered a nonrenewal with regard to certain property insurance policies.
Referred to the Committee on Insurance.

SB 99. By Senators James of the 35th, Slotin of the 39th, Henson of the 55th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, so as to provide for the application of said Act to the City of East Point; to provide for the procedure in connection therewith.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 103. By Senators Turner of the 8th, Starr of the 44th, Hooks of the 14th and oth ers:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions relative to the commissioner, deputy commissioners, and examin ers; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services.
Referred to the Committee on Banks & Banking.

SB 111. By Senators Middleton of the 50th, Edge of the 28th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to redefine the term "vessel"; to create the crimes of homicide by vessel, feticide by vessel, and committing said crimes.
Referred to the Committee on Game, Fish & Parks.

TUESDAY, JANUARY 31, 1995

397

SB 129. By Senator Thompson of the 33rd:
A bill to amend Code Section 33-9-43 of the Official Code of Georgia Anno tated, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for such premium reduction.
Referred to the Committee on Insurance.

SB 170. By Senator Egan of the 40th:
A bill to amend Code Section 50-18-72 of the Official Code of Georgia Anno tated, relating to exemptions from public disclosure of certain records, so as to add limited restrictions on the disclosure of the location and character of certain historic properties and the location of sensitive natural habitats on private or public land and site specific information relating to the occurrence of rare species of plants or animals.
Referred to the Committee on State Institutions & Property.

SR 61. By Senators Hooks of the 14th, Starr of the 44th, Gillis of the 20th and oth ers:
A resolution proposing an amendment to the Constitution so as to provide that no general bill providing for or increasing any tax, fee, assessment, or charge by whatever designation that is imposed for state purposes shall become law unless such bill is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

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

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Ways and Means:

HR 157. By Representatives Brown of the 117th, Holmes of the 53rd, Davis of the 48th, McKinney of the 51st and Hart of the 116th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties or municipalities.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Industry and referred to the Committee on Ways and Means:

HB 419. By Representatives Smith of the 174th, Watson of the 139th and Williams of the 63rd:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to local excise taxation of rooms and lodgings, so as to change certain expenditure requirements for local governments levying such taxes at a certain rate; to provide that in such cases the amount spent in each fiscal year for promotion of tourism, conventions, and trade shows shall be at lease equal to the amount spent in the most recent fiscal year.

398

JOURNAL OF THE HOUSE,

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

HR 197. By Representatives Reaves of the 178th, Floyd of the 138th, Hudson of the 156th, Purcell of the 147th, Royal of the 164th and others:
A resolution recognizing and commending the Georgia Farm Bureau Federa tion and inviting its president to appear before the House of Representatives.

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

HB 182. By Representatives Mueller of the 152nd, Randall of the 127th, Smith of the 174th, Bostick of the 165th, Hembree of the 98th and others:
A bill to amend Code Section 9-13-140 of the Official Code of Georgia Anno tated, relating to advertisement of judicial sales, so as to require that the street address of real property be included in such advertisement.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to authorize including the street address of real prop erty in such advertisement; 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 9-13-140 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, is amended by striking subsection (a) and inserting in its place a new sub section (a) to read as follows:
"(a) The sheriff, coroner, or other officer shall publish weekly for four weeks in some newspaper published at the county site, and if there is no newspaper published at the county site, then in any paper published in the county, or if there is no such paper pub lished in the county, then in the nearest newspaper having the largest general circulation in such county, notice of all sales of land and other property executed by hk the officer. In the advertisement he the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In addition, in the case of real property, such advertisement may include the street address of such real property."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

TUESDAY, JANUARY 31, 1995

399

HB 100. By Representative Childers of the 13th:
A bill to amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for continuing education requirements for those licenses.

The following Committee substitute was read and adopted:

A BILL
To amend Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, so as to provide for continuing education requirements for those licensees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 3 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to licenses for funeral directors and embalmers, is amended by adding at the end the following Code sections:
"43-18-55.
(a) The board shall be authorized to require persons seeking renewal of an embalmer's license under this chapter to complete board approved continuing education of not less than 16 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations or by others the board deems appropriate. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under other such circumstances as the board deems appropriate. (c) The continuing education requirement pursuant to this Code section shall be waived for persons who hold an inactive license or for licensed individuals over the age of 65. (d) An embalmer who is also a licensed funeral director and who completes the continu ing education requirements for funeral directors pursuant to Code Section 43-18-56 shall not be required to complete additional continuing education requirements pursuant to this Code section. (e) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (f) This Code section shall apply to each licensing renewal cycle which begins after the 1996 renewal.
43-18-56. (a) The board shall be authorized to require persons seeking renewal of a funeral direc tor's license under this chapter to complete board approved continuing education of not less than 16 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations or by others the board deems appropriate. (b) The board shall be authorized to waive the continuing education requirement in cases of hardship, disability, illness, or under other such circumstances as the board deems appropriate. (c) The continuing education requirement pursuant to this Code section shall be waived for persons who hold an inactive license or for licensed individuals over the age of 65. (d) A funeral director who is also a licensed embalmer and who completes the continu ing education requirements established for embalmers pursuant to Code Section 43-18-55 shall not be required to complete additional continuing education requirements pursuant to this Code section.

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JOURNAL OF THE HOUSE,

(e) The board shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section. (f) This Code section shall apply to each licensing renewal cycle which begins after the 1996 renewal."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 258. By Representative Holmes of the 53rd:
A bill to amend Chapter 7 of Title 44 of the Official Code of Georgia Anno tated, relating to landlord and tenant, so as to provide that certain public housing authorities may combine or provide concurrently the landlord's demand for possession of property from a tenant with the lease termination notice required by federal regulations.

The following Committee substitute was read:

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 certain public housing authorities may provide concurrently the landlord's demand for possession of property from a tenant and the lease termination notice required by federal regulations; 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 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, is amended by striking in its entirety Code Section 44-7-50, relating to demands for possession and procedures upon a tenant's refusal, and inserting in lieu thereof a new Code section to read as follows:
"44-7-50.
(a) In all cases where a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to ht the tenant or fails to pay the rent when it becomes due and in all cases where lands or tenements are held and occupied by any tenant at will or sufferance, whether under contract of rent or not, when the owner of the lands or tenements desires possession of the lands or tenements, the owner may, by himself, his in person or by^ an agent, h attorney in fact, or Ws attorney at law, demand the possession of the property so rented, leased, held, or occupied. If the tenant refuses or fails to deliver possession when so demanded, the owner; his or the agent, his attorney at law, or hia attorney in fact of the owner may go before the judge of the superior court, the judge of the state court, or the clerk or deputy clerk of either court, or the judge or the clerk or deputy clerk of any other court with jurisdiction over the subject matter, or a magistrate in the district where the land lies and make an affi davit under oath to the facts. The affidavit may likewise be made before a notary public, subject to the same requirements for judicial approval specified in Code Section 18-4-61, relating to garnishment affidavits.

TUESDAY, JANUARY 31, 1995

401

(b) If issued by a public housing authority, the demand for possession required by sub section (a) of this Code section may be provided concurrently with the federally required notice of lease termination in a separate writing."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Wiles of the 34th and Barnes of the 33rd move to amend the Committee substitute to HB 258 as follows:
On lines 24 & 25 delete "in person" and insert the word "individually".

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Beneiield
Y Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter
Y Chambless E Channell Y Childers Y Coker Y Coleman, B E Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth
Y Cummings Y Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Evans
Y Falls Y Felton
Floyd Y God bee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom
Y Hembree Henson
Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote
Perry Y Pinholster Y Polak E Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp
Simpson Y Sinkiield
Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling E Snow Y Stallings
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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Y Westmorland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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JOURNAL OF THE HOUSE,

HB 164. By Representatives Parrish of the 144th, Coleman of the 142nd, Buck of the 135th, Royal of the 164th and Purcell of the 147th:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 15. By Representatives Smith of the 175th, Walker of the 141st, Stephenson of the 25th, Hart of the 116th, Trense of the 44th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, so as to change the manner in which such textbooks are approved and selected.

The following Committee substitute was read and adopted:

A BILL
To amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, so as to change the manner in which such textbooks are approved and selected; to repeal conflicting laws and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school textbooks, is amended by striking Code Section 20-2-1012, relating to com mittees to recommend textbooks, and inserting in its place the following:
"20-2-1012. (a) The State Board of Education shall select a committee or committees of educators actually engaged in public school work in this state to examine textbooks and make rec ommendations thereon to the state board. Such committee or committees shall consist of such number of educators as the state board may deem advisable, not exceeding five in each instance. They shall serve for such time and for such duties as the state board may prescribe and shall receive such compensation as may be fixed by the state board. (b) In addition to any other method of textbook selection, any local school system superintendent may make a written request to the State Board of Education to add a textbook or series of textbooks to the approved list of textbooks for use in the public schools of this state. If requests are received by the Board during any 180 day period from the superintendents of five or more different systems to add the same textbook or series to the approved list, such textbook or series shall be added to the list of the State Board of Education. Other than the selection method, publishers whose textbooks are added to the approved list in this manner shall be required to comply with the same rules regarding textbooks as other publishers, including but not limited to price, durabil ity, and availability."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, JANUARY 31, 1995

403

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B E Coleman, T Y Connell Y Cox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwill Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly Y Lane Y Lawrence
YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parhara Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak
E Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling E Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 172, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 34. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron

Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux

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

Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd

Y Campbell Y Canty Y Carter
Y Chambless E Channell Y Childers

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JOURNAL OF THE HOUSE,

Y Coker Y Coleman, B E Coleman, T Y Connell YCox
Y Crawtord
Y Crews Y Culbreth Y Cummings
Y Davis, G
Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls
Felton Y Floyd Y Godbee
Y Golden
Y Goodwin Y Greene Y Grindley
Y Manner

Y Harbin Y Harris
Hart Y Heard Y Heckstall
Y Hegstrom Y Hembree
Y Henson
Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin Y James
Y Jamieson
Y Jenkins
Y Johnson, G
Y Johnson, J
Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence
Y Lee

Y Lewis
Y Lifsey
YLord
Lucas Y Maddox Y Mann Y Martin Y McBee
McCall
Y McClinton
Y McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Y Perry
Y Pinholster
Y Polak E Porter
Poston Y Powell
Y Purcell, A
Y Purcell, B

Y Randall
Y Randolph YRay Y Reaves Y Reichert
Y Roberts
Y Rogers
Y Royal
Y Sanders
Y Sauder
Y Scoggins
Y Shanahan
YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkiield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre
Y Snelling
E Snow
Y Stallings 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 Walker, L
Y Walker, R.L
Y Wall
Y Watson
Y Watts Y Westmorland Y Whitaker Y White Y Wiles
Y Williams, B
Y Williams, J
Y Williams, R
Y Woods Yates Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 328. By Representative Watson of the 139th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change the provi sions relating to the duty of the state auditor to maintain statistics on archi tectural and engineering firms doing business with the state; to change the manner in which the amount of business awarded by the state is calculated.

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 Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, G Y Brown, J Y Brush Y Buck
Y Buckner
Y Bunn
Y Burkhalter
Y Byrd

Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B
E Coleman, T Y Connell YCox
Y Crawford
Y Crews
Y Culbreth Y Cummings Y Davis, G
Y Davis, M
Y Day Y DeLoach, B
Y DeLoach, G
YDix Y Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart Y Epps
Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene
Y Grindley
Y Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson
Y Holland
Y Holmes
Y Howard
Y Hudson

Y Huglev Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G
Y Johnson, J
Y Johnston
Y Jones Y Joyce Y Kaye
Y Kinnamon Y Klein Y Ladd Y Lakly
Y Lane
Y Lawrence Y Lee Y Lewis Y Lifsey
YLord
Lucas
Y Maddox Mann

Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster
Y Polak E Porter
Y Poston
Y Powell Y Purcell, A Y Purcell, B

TUESDAY, JANUARY 31, 1995

405

Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins
Y Shanahan

Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W Y Smyre Y Snelling E Snow Y Stallings 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 Walker, L Y Walker, R.L
Y Wall

Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 171, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair.
HB 318. By Representatives Randall of the 127th, Childers of the 13th and Jones of the 71st:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for definitions; to provide for criminal record checks for employment applicants for nursing homes.

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend HB 318 by striking in their entirety lines 20 and 21 of page 2 and inserting in lieu thereof the following:
"include persons employed by the nursing home".
By striking in their entirety line 39 of page 2 and line 1 of page 3 and inserting in lieu thereof the following:
"greater than the actual cost of processing the request. The law".

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 Bailey Y Baker
Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D
Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck
Y Buckner

Y Bunn Y Burkhalter Y Byrd
Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B E Coleman, T
Connell Y Cox
Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Day

Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris
Y Hart

Y Heard Y Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, G
Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye
Y Kinnamon

Y Klein Y Ladd Y Lakly
Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox
Mann Y Martin Y McBee
McCall
Y McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J
Y Mosley

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Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak E Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling E Snow Y Stallings 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

Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Teague of the 58th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 248. By Representative Channell of the lllth:
A bill to amend Chapter 9 of Title 15 of the Official Code of Georgia Anno tated, relating to probate courts, so as to change the name of the "Executive Probate Judges Council of Georgia" to the "Probate Judges Training Coun cil".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 212. By Representatives Twiggs of the 8th, Powell of the 23rd, Greene of the 158th, Stancil of the 91st and Parham of the 122nd:
A bill to amend Chapter 2 of Title 35 of the Official Code of Georgia Anno tated, relating to the Department of Public Safety, so as to prohibit the unauthorized use of Department of Public Safety nomenclature or symbols.

The following Committee substitute was read and adopted:

A BILL
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of Department of Public Safety and Georgia Bureau of Investigation nomenclature or symbols; to provide a state ment of public policy; to provide short titles; to define certain terms; to provide proce dures for seeking permission to use Department of Public Safety and Georgia Bureau of Investigation nomenclature or symbols; to authorize the commissioner of public safety or the director of investigation to grant permission to use such nomenclature or symbols under certain circumstances; to provide for appeals; to provide for injunctive relief to restrain violations of this Act; to provide for civil sanctions; to provide for the recovery of compensatory damages for certain violations; to provide for criminal penalties; to pro vide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, JANUARY 31, 1995

407

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. (a) It is declared to be 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 a member of the public is dealing with the Department of Public Safety, the State Patrol, or with a member thereof when in fact the individual or organiza tion is not the Department of Public Safety, the State Patrol, the state police, nor a mem ber thereof. Furthermore, the Department of Public Safety, which has provided quality law enforcement services to the citizens of this state since 1937, has established a name for excellence in its field. This name should be protected for the department, its members, and the citizens of this state. Therefore, no person or organization should be allowed to used the department's name or any term used to identify the department or its members without the expressed permission of the chief administrative officer of the department. The provisions of this Act are in furtherance of the promotion of this policy. (b) It is declared to be 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 a member of the public is dealing with the Georgia Bureau of Investigation or with an agent thereof when in fact the individual or organization is not the Georgia Bureau of Investigation nor an agent thereof. Furthermore, the Georgia Bureau of Investigation, which has provided quality law enforcement services to the citi zens of this state, has established a name for excellence in its field. This name should be protected for the bureau, its agents, and the citizens of this state. Therefore, no person or organization should be allowed to used the bureau's name or any term used to identify the bureau or its agents without the expressed permission of the director of investigation. The provisions of this Act are in furtherance of the promotion of this policy.
SECTION 2. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding at the end of Chapter 2, relating to the Department of Public Safety, a new Article 4 to read as follows:
"ARTICLE 4
35-2-80. This article shall be known and may be cited as the 'Department of Public Safety Nomenclature Act of 1995.'
35-2-81.
As used in this article, the term: (1) 'Badge' means any official badge used by members of the Department of Public Safety, either in the past or currently. (2) 'Commissioner' means the commissioner of public safety. (3) 'Department' means the Department of Public Safety. (4) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees. (5) 'Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (6) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the com missioner that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the viola tion by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immedi ately terminates the agency or other relationship with such violator.
35-2-82.

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Whoever, except with the written permission of the commissioner, knowingly uses the words 'Georgia Department of Public Safety,' 'State Patrol,' 'State Police,' 'State High way Patrol," 'State Trooper,' or 'State Patrolman' in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or asso ciated with the department shall be in violation of this article.
35-2-83.
Any person who uses or displays any symbol, including any emblem, seal, or badge, cur rent or historical, used by the department without written permission from the commis sioner shall be in violation of this article.
35-2-84.
Any person wishing permission to use either department nomenclature or symbols may request such permission in writing to the commissioner. The commissioner shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether the person may use the nomenclature or the symbol. If the commissioner does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-2-82 or 35-2-83 shall be in the discretion of the commissioner under such conditions as the com missioner may impose. If the commissioner denies such request and the person making such request reasonably believes that the commissioner has acted in bad faith or based on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on limited terms, file an appeal with the Board of Public Safety. The matter will then be considered before the board, but the burden will be with the person making the request to show that the request was improperly denied or limited.
35-2-85.
Whenever there shall be an actual or threatened violation of Code Section 35-2-82 or 35-2-83, the commissioner shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunc tion to restrain the violation.
35-2-86.
In addition to any other relief or sanction for a violation of Code Section 35-2-82 or 35-2-83, where the violation is willful, the commissioner shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the commissioner shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The commissioner shall be entitled to seek civil sanctions in the Superior Court of Fulton County or in the county of residence of the violator.
35-2-87.
Any person who has given money or any other item of value to another person due in part to such person's use of department nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
35-2-88.
Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense."
SECTION 3. Said title is further amended by adding at the end of Chapter 3, relating to the Georgia Bureau of Investigation, a new Article 5 to read as follows:

TUESDAY, JANUARY 31, 1995

409

"ARTICLE 5
35-3-100. This article shall be known and may be cited as the 'Georgia Bureau of Investigation Nomenclature Act of 1995.'
35-3-101. As used in this article, the term:
(1) 'Badge' means any official badge used by agents of the Georgia Bureau of Investi gation, either in the past or currently. (2) 'Emblem' means any official patch or other emblem worn currently or formerly or used by the bureau to identify the bureau or its employees. (3) 'Person' means any person, corporation, organization, or political subdivision of the State of Georgia. (4) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the direc tor that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. 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 and in willful vio lation of this article unless, upon learning of the violation, he or she immediately ter minates the agency or other relationship with such violator.
35-3-102. Whoever, except with the written permission of the director, knowingly uses the words 'Georgia Bureau of Investigation,' 'GBI,' or 'agent of the Georgia Bureau of Investiga tion' in connection with any advertisement, circular, book, pamphlet, or other publica tion, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other pro duction is approved, endorsed, or authorized by or associated with the bureau shall be in violation of this article.
35-3-103. Any person who uses or displays any symbol, including any emblem, seal, or badge, cur rent or historical, used by the bureau without written permission from the director shall be in violation of this article.
35-3-104. Any person wishing permission to use either bureau nomenclature or symbols may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her deci sion on whether the person may use the nomenclature or the symbol. If the director does not respond within the 15 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-3-102 or 35-3-103 shall be in the discretion of the director under such conditions as the director may impose. If the director denies such request and the person making such request reasonably believes that the director has acted in bad faith or based on an illegal motive, then the person may, within 15 days after the person's request was denied or granted on limited terms, file an appeal with the Board of Public Safety. The matter will then be considered before the board, but the burden will be with the person making the request to show that the request was improperly denied or limited.
35-3-105. Whenever there shall be an actual or threatened violation of Code Section 35-3-102 or 35-3-103, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunc tion to restrain the violation.
35-3-106.

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In addition to any other relief or sanction for a violation of Code Section 35-3-102 or 35-3-103, where the violation is willful, the director shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the director shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The director shall be entitled to seek civil sanc tions in the Superior Court of Fulton County or in the county of residence of the viola tor.
35-3-107. Any person who has given money or any other item of value to another person due in part to such person's use of bureau nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the viola tion was willful, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees.
35-3-108. Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 nor more than $5,000.00 or to imprisonment for not less than one and not more than five years, or both. Each violation shall constitute a separate offense."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 106. By Representatives Lane of the 146th, Coleman of the 142nd, Buck of the 135th, Parrish of the 144th, Channell of the lllth and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' com pensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games, shall be deemed an employee of the organization for purposes of workers' compensa tion coverage while performing such service.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, so as to provide that any person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee shall be deemed an employee of the organization for purposes of workers' compensation coverage while per forming such service; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.

TUESDAY, JANUARY 31, 1995

411

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions relative to workers' compensation, is amended by adding, following Code Section 34-9-2.3, a new Code Section 34-9-2.4 to read as follows:
"34-9-2.4.
(a) Notwithstanding the provisions of paragraph (2) of Code Section 34-9-1, a person who performs voluntary service without pay for the Atlanta Committee for the Olympic Games or for the Atlanta Paralympic Organizing Committee shall be deemed an employee of the organization for purposes of workers' compensation coverage while per forming such service. For purposes of this Code section, 'voluntary service without pay' shall include the performance of services by a person who receives no remuneration other than meals, uniforms, transportation, lodging, or reimbursement for incidental expenses. (b) This Code section shall automatically stand repealed as of December 31, 1997."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 116, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Brooks of the 54th stated that he would like to be recorded as voting "nay" on HB 106.

HB 147. By Representatives Powell of the 23rd and McCall of the 90th:
A bill to amend Code Section 50-7-12 of the Official Code of Georgia Anno tated, relating to authorization of welcome centers, construction, operation, and maintenance of welcome centers, and installation and operation of vend ing machines at welcome centers, so as to provide for the installation and operation of automated teller machines and cash-dispensing machines at wel come centers.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 50-7-12 of the Official Code of Georgia Annotated, relating to authorization of welcome centers, construction, operation, and maintenance of welcome centers, and installation and operation of vending machines at welcome centers, so as to provide for the installation and operation of automated teller machines and cashdispensing machines at welcome centers; to provide for the practices, procedures, and requirements related thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-7-12 of the Official Code of Georgia Annotated, relating to authorization of welcome centers, construction, operation, and maintenance of welcome centers, and

412

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installation and operation of vending machines at welcome centers, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) The Department of Industry, Trade, and Tourism, with the concurrence of the Department of Transportation, is authorized to provide for the installation and opera tion at welcome centers of automated teller machines and cash-dispensing machines. If so authorized, such machines shall be established, placed, and operated in accordance with applicable law. Such machines shall be placed in welcome centers upon such terms and conditions as shall be deemed by the Department of Industry, Trade, and Tourism to be in the best interest of the state and the traveling public."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 114, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Special Judiciary:
HB 457. By Representatives Johnson of the 97th, Westmorland of the 104th, Evans of the 28th, Crews of the 78th, Lakly of the 105th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide that a police officer shall not be civilly liable for the pursuit of a person fleeing or attempting to elude a police officer; to provide for immunity for liability for other governmental entities with respect to such an offense; to provide that a person fleeing or attempting to elude police shall be liable for certain injuries or property damage.
By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Gov ernmental Affairs:
HB 387. By Representatives Teague of the 58th, McKinney of the 51st, Thomas of the 148th, Mobley of the 69th and Holmes of the 53rd:
A bill to amend Chapter 19 of Title 45 of the Official Code of Georgia Anno tated, relating to labor practices for state employees, so as to prohibit waiver of certain overtime compensation as a condition of state employment; to pro hibit required waiver of certain overtime compensation in advance of working overtime hours.

The Speaker assumed the Chair.
Under the general order of business, the following Bill of the House was taken up for consideration and read the third time:
HB 174. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to change the penalty provisions applicable to the crime of littering public or private property or waters.

TUESDAY, JANUARY 31, 1995

413

The following Committee substitute was read:

A BILL
To amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," so as to change the penalty provisions applicable to the crime of littering public or private property or waters; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, known as the "Litter Control Law," is amended by striking in its entirety Code Section 16-7-43, relating to the crime of littering public or private property or waters, and insert ing in lieu thereof a new Code Section 16-7-43 to read as follows:
"16-7-43.
(a) It shall be unlawful for any person or persons to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless:
(1) The property is designated by the state or by any of its agencies or political subdi visions for the disposal of litter and the person is authorized by the proper public authority to use such property; (2) The litter is placed into a litter receptacle or container installed on such property; or (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this Code section shall be guilty of a mis demeanor of a high and aggravated nature and, upon conviction thereof, shall be pun ished as follows: (1) By a fine of not less than $100.00 nor more than $300.00 $5,000.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right of way for a distance not to exceed one mile any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right of way, or, with the prior permission of the legal owner or tenant in law ful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter depos ited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Walker of the 141st, Bordeaux of the 151st, Irvin of the 45th and Barnes of the 33rd move to amend the Committee substitute to HB 174 as follows:
By deleting the words "of a high and aggravated nature" on line 2 and 3, page 2, and by deleting lines 5 and 6 on page 2 and by substituting therefore the words:

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"(1) By a fine of not less than $100.00 nor more than $1,000.00;".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 124, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Brooks of the 54th stated that he would like to be recorded as voting "nay" on HB 174.

The following Resolutions of the House were read and adopted:

HR 213. By Representative Parrish of the 144th:
A resolution expressing regrets at the passing of Mr. Antoon Hermanus "Tony" Denekamp.

HR 214. By Representative Parrish of the 144th: A resolution expressing regrets at the passing of Mr. Don Braswell.

HR 215. By Representative Parrish of the 144th:
A resolution expressing regrets at the passing of Mr. George Richard "Rick" Parks, Jr.

HR 216. By Representative Parrish of the 144th: A resolution expressing regrets at the passing of Mr. Richard D. Brown.

HR 217. By Representatives Barnes of the 33rd, Lane of the 146th, Shaw of the 176th, Lee of the 94th, Benefield of the 96th and others:
A resolution expressing regret at the passing of Honorable Robert Lee Patten II.

HR 218. By Representatives Murphy of the 18th, Kinnamon of the 4th, Poston of the 3rd, Purcell of the 147th, Crawford of the 129th and others:
A resolution commending Honorable Charles Nathan Poag.

HR 219. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Inez Love Griffin.

HR 220. By Representatives Polak of the 67th, McBee of the 88th, Ashe of the 46th, Felton of the 43rd, Taylor of the 134th and others:
A resolution congratulating and commending the League of Women Voters of Georgia on its 75th anniversary.

TUESDAY, JANUARY 31, 1995

415

HR 221. By Representative Pelote of the 149th: A resolution commending Mrs. Mary Mackey.

HR 222. By Representative Pelote of the 149th: A resolution commending Mrs. Juanita Eason Perkins.

HR 223. By Representative Pelote of the 149th:
A resolution expressing regrets at the passing of Mrs. Thelma Kendrick Maynard.

HR 224. By Representative Pelote of the 149th:
A resolution recognizing Mrs. Bettye Anne West Berksteiner on the occasion of her retirement.

HR 225. By Representative Pelote of the 149th: A resolution commending Catherine W. Jackson.

HR 226. By Representatives Pelote of the 149th and Thomas of the 148th: A resolution to commend Professor Margaret Chisholm Robinson.

HR 227. By Representative Pelote of the 149th: A resolution honoring the Wolves Club.

HR 228. By Representative Pelote of the 149th: A resolution commending Cathran P. Wilson.

HR 229. By Representative Pelote of the 149th: A resolution expressing regret at the passing of Margaret Solomon Brown.

HR 230. By Representative Birdsong of the 123rd: A resolution commemorating the memory of Judye Pennington Etheredge.

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 1, 1995

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

Ashe
Bailey Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong
Breedlove
Brooks, D
Brooks, T Brown, G Brown, J Brush Buck Buckner
Bunn Burkhalter Byrd Campbell
Canty Carter Chambless Childers Coker Coleman, B Coleman, T Connell Cox Crawford

Crews
Culbreth Cummings Davis, G Davis, M Day DeLoach, B DeLoach. G Dix Dixon, H Dixon, S
Ehrhart
Epps Evans Falls Felton Floyd Godbee
Golden
Greene
Grindley Manner
Harbin
Harris Hart
Heard Heckstall Hegstrom
Hembree
Henson Holland Howard

Hudson Hugley Irvin James Jamieson Jenkins Johnson, G Johnson, J Johnston
Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis
Lifsey
Lord Maddox
Mann
Martin
McBee McCall
McKinney
Mills Mobley, B Mobley, J Mosley

O'Neal Parham
Parrish
Parsons Pelote Perry Pinholster Polak Porter Poston
Powell
Purcell, A
Purcell, B Randolph Reaves Reichert Roberts Rogers Royal Sanders Sauder Shanahan
Shaw Sherrill Shipp Simpson Skipper Smith, C Smith, C.W
Smith, L
Smith, P

Smith, T Smith, V Smith, W
Snelling
Snow Stallings Stancil, F
Stancil, S
Stephenson
Streat Taylor Teper Thomas Titus
Trense Turnquest Walker, L Walker, R.L Wall Watson Watts Westmorland Whitaker White Wiles Williams, B Williams, J Williams, R Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives McClinton of the 68th, Ray of the 128th, Scoggins of the 24th, Jones of the 71st, Goodwin of the 79th, Tillman of the 173rd, Sinkfield of the 57th, Bordeaux of the 151st, Stanley of the 50th, Lucas of the 124th, Teague of the 58th, Orrock of the 56th, Baker of the 70th, Smyre of the 136th, Mueller of the 152nd and Twiggs of the 8th.
They wish to be recorded as present.

Prayer was offered by the Reverend David S. Naglee, Pastor, Trinity United Method ist Church, Rome, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

WEDNESDAY, FEBRUARY 1, 1995

417

Pursuant to Rule 58, Representative Pinholster of the 15th served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Committee on Industrial Relations to report the following Bill back to the House:

HB 66. By Representatives Pinholster of the 15th and Harris of the 17th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation in general, so as to make it a felony to make any false or misleading statement for the purpose of obtaining workers' compensation benefits or payments.

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

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

HB 520. By Representatives White of the 161st, Lord of the 121st, Bargeron of the 120th, Hanner of the 159th and Randall of the 127th:
A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, so as to make it unlawful to abuse a dead body prior to interment.
Referred to the Committee on Judiciary.

HB 521. By Representatives Bunn of the 74th, Crews of the 78th, Walker of the 87th, Joyce of the 1st, Kaye of the 37th and others:
A bill to amend Code Section 50-27-13 of the Official Code of Georgia Anno tated, relating to disposition of the proceeds of the lottery for education, the budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, so as to change the provisions which require that, for each fiscal year, net proceeds equal a certain percentage of lottery proceeds; to change such percentage.
Referred to the Committee on Appropriations.

HB 522. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd, Heckstall of the 55th, Bunn of the 74th and others:
A bill to amend Code Section 40-2-85 of the Official Code of Georgia Anno tated, relating to license plates for veterans who survived the attack on Pearl Harbor, so as to repeal certain provisions relating to additional annual regis tration fees required for the issuance of such special license plates.
Referred to the Committee on Motor Vehicles.

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HB 523. By Representatives Kinnamon of the 4th, Shanahan of the 10th, Stephenson of the 25th, Childers of the 13th, Perry of the llth and others:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to authorize tax col lectors, tax commissioners, and certain other tax officials to waive certain interest due on unpaid ad valorem taxes.
Referred to the Committee on Ways & Means.

HB 524. By Representatives Golden of the 177th, Royal of the 164th, Jamieson of the 22nd, Bates of the 179th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a tax credit for physicians who choose to practice in rural counties at rural hospitals under certain conditions.
Referred to the Committee on Ways & Means.

HB 525. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for the membership of the authority, including ex officio and appointed members, and their term of tenure and compensation; to confer powers and duties upon the authority.
Referred to the Committee on State Planning & Community Affnirs - Local.

HB 526. By Representatives Kinnamon of the 4th, Crawford of the 129th, Shanahan of the 10th, Klein of the 39th and Simpson of the 101st:
A bill to amend Code Section 53-4-6 of the Official Code of Georgia Anno tated, relating to the right of a murderer to inherit, so as to deny the right of inheritance to any person who intentionally kills another person unlaw fully without regard to malice aforethought.
Referred to the Committee on Judiciary.

HB 527. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lamar County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 528. By Representatives Baker of the 70th, Bordeaux of the 151st, Orrock of the 56th, Walker of the 141st, Childers of the 13th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Public Health and transfer to that department certain functions and duties previously performed by the Department of Human Resources; to create a Board of Public Health and provide for the appointment, qualification, terms, organization, and compen sation and expenses of its members.
Referred to the Committee on Health & Ecology.

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419

HB 529. By Representatives Williams of the 83rd, Watson of the 139th, Ray of the 128th, Bargeron of the 120th, Benefield of the 96th and others:
A bill to amend Part 12 of Article 1 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to deposits of deceased depositors, so as to increase the amount of funds a financial institution may release to certain persons when a depositor dies intestate.
Referred to the Committee on Banks & Banking.

HB 530. By Representatives Floyd of the 138th, Hudson of the 156th, Walker of the 141st, Royal of the 164th and Chambless of the 163rd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of persons acting in good faith to prevent, mini mize, and repair injury and damage resulting from catastrophic acts of nature.
Referred to the Committee on Judiciary.

HB 531. By Representative Smith of the 169th:
A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide that any member of the Teachers Retirement System of Georgia may obtain credit able service for prior service with certain programs relating to early childhood development.
Referred to the Committee on Retirement.

HB 532. By Representatives Perry of the llth, Kinnamon of the 4th, Shanahan of the 10th, Smith of the 12th, Childers of the 13th and others:
A bill to amend Code Section 40-6-376 of the Official Code of Georgia Anno tated, relating to prosecution of violations of the rules of the road under state law or local ordinance, so as to provide that prosecution of the offense of exceeding the speed limit on certain roads in the interstate system shall be prosecuted only as a state offense.
Referred to the Committee on Judiciary.

HB 533. By Representatives Ladd of the 59th, Evans of the 28th, Sherrill of the 62nd, Parsons of the 40th, Polak of the 67th and others:
A bill to amend Code Section 12-9-43 of the Official Code of Georgia Anno tated, relating to definitions regarding the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to change the definition of the term "responsible motor vehicle".
Referred to the Committee on Motor Vehicles.

HB 534. By Representative Woods of the 32nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain votes cast by persons whose voter registration cards are unsigned shall be rebuttably presumed to be legal votes for the purpose of election contests.
Referred to the Committee on Governmental Affairs.

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HB 535. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 211. By Representatives Bunn of the 74th, Brown of the 130th, Joyce of the 1st, Johnston of the 81st, Crews of the 78th and others:
A resolution proposing an amendment to the Constitution so as to provide that the State Board of Education shall be an advisory board to the elected State School Superintendent and to local elected boards of education.
Referred to the Committee on Education.

HR 212. By Representatives Bunn of the 74th, Brown of the 130th, Joyce of the 1st, Crews of the 78th, Johnston of the 81st and others:
A resolution proposing an amendment to the Constitution so as to provide that 10 percent of all proceeds from the sale of lottery tickets or shares of the lottery or lotteries for education shall be appropriated by the General Assembly for grants to each local school system, based upon the number of full-time students enrolled in such school system on the first day of January immediately preceding the effective date of the General Appropriations Act.
Referred to the Committee on Appropriations.

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

HB 557. By Representatives Lucas of the 124th, Randolph of the 72nd, Davis of the 48th and Sherrill of the 62nd:
A bill to amend Article 3 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman program, so as to change the provisions relating to entry and access to records and docu ments; to change the provisions relating to interference with official duties and provide for sanctions; to change the provisions relating to immunity for liability.
Referred to the Committee on Human Relations & Aging.

HB 562. By Representative Chambless of the 163rd:
A bill to amend Code Section 48-8-112 of the Official Code of Georgia Anno tated, relating to the dates of imposition and termination of a special county 1 percent sales and use tax, so as to change the proceedings for the reimposition of the tax during the time such tax is in effect.
Referred to the Committee on Ways & Means.

HB 563. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for limited liability partnerships.
Referred to the Committee on Judiciary.

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421

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

HB 491 HB 492 HB 493 HB 494 HB 495 HB 496 HB 497 HB 498 HB 499 HB 500 HB 501 HB 502 HB 503 HB 504 HB 505 HB 506 HB 507 HB 508 HB 509 HB 510 HB 511

HB 512 HB 513 HB 514 HB 515 HB 516 HB 517 HB 518 HB 519 HR 193 HR 194 HR 195 HR 196 SB 33 SB 48 SB 51 SB 99 SB 103 SB 111 SB 129 SB 170 SR 61

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

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

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 153 Do Pass HB 351 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

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Mr. Speaker:

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

HB 375 Do Pass HB 382 Do Pass

HB 405 Do Pass HB 431 Do Pass, as Amended

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 70 Do Pass HB 184 Do Pass, as Amended

HB 185 Do Pass HB 379 Do Pass, by Substitute

Respectfully submitted, /s/ Parham of the 122nd
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 459 Do Not Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

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

HB 345 Do Pass, by Substitute HB 346 Do Pass HB 347 Do Pass HB 348 Do Pass HR 81 Do Pass, as Amended

HR 155 Do Pass HR 156 Do Pass HR 159 Do Pass HR 161 Do Pass HR 174 Do Pass

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423

Respectfully submitted, /a/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 467 Do Pass, by Substitute HB 482 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 38 Do Pass HB 39 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HB 467. By Representative Stancil of the 91st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee County.

The following Committee substitute was read and adopted:

A BILL
To provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The judge of the Probate Court of Oconee County shall be elected by the qualified voters of Oconee County in a nonpartisan primary and election. Except as otherwise provided in

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this Act, the judge of the probate court shall be elected pursuant to the general elections laws of Georgia.
SECTION 2. Beginning with the election held in 1996 and every four years thereafter, the judge of the probate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the judge of the probate court, and shall take office on January 1 immediately following such election for a term of four years and until such judge's successor is elected and qualified.
SECTION 3. Candidates for the office of judge of the probate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such can didate on the primary ballot. A candidate may have his or her name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by pay ing the qualifying fee.
SECTION 4. The candidate receiving a majority of votes in the nonpartisan primary shall be the nomi nee for the office of judge of the probate court and shall be the only candidate for such office to have his or her name appear on the general election ballot. In the event no candi date receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be the nominees and shall be the only candidates for such office to have their names appear on the general election ballot.
SECTION 5. The names of all candidates for the office of judge of the probate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any pri mary or general election ballot, and no candidate for the office of judge of the probate court shall be nominated by any political party.
SECTION 6. This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 482. By Representatives Epps of the 131st, Smith of the 102nd and Brown of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to provide for legislative intent; to change the length of the terms of mem bers of the board of education.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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425

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

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

SB 162. By Senator Dean of the 31st:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, as amended, so as to change the compensation of the tax commis sioner.

SB 166. By Senator Middleton of the 50th:
A bill to amend an Act providing for the election of members of the Board of Education of Lumpkin County so as to reapportion and change the provi sions relating to the districts for the election of members of the board of education; to provide for submission of this Act for approval or rejection.

SB 167. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chair person and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county manager; to provide for filling of vacancies; to provide for oaths of office and surety bonds.

SB 176. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Dawson County; to provide for continuation of certain obligations and liabilities; to provide for a chair person and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk.

SB 177. By Senator Middleton of the 50th:
A bill to amend an Act providing for an elected Board of Education of Dawson County, as amended, so as to change the number of and reapportion the education districts for the election of members of the board of education; to provide for the manner of electing members of the board of education; to provide for submission of this Act.

SB 197. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act changing the composition and manner of selecting members of the Board of Education of Clayton County, as amended, so as to provide for nonpartisan election of such members without prior nonpartisan primaries; to provide for certain submissions.

HB 272. By Representative Channell of the lllth:
A bill to amend an Act creating the Board of Commissioners of Greene County, so as to change the composition of the districts from which the members of the board are elected.

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HB 275. By Representative Channell of the lllth:
A hill to amend an Act creating the Board of Education of Greene County, so as to change the composition of the districts from which the members of the board are elected.
HB 303. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes.
HB 307. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act providing for the election and salary of the treasurer of Henry County, so as to abolish the office of treasurer of Henry County; to provide for the transfer of powers, duties, and authority of such office and the delivery of all money, books, papers, and property of such office to the governing authority of Henry County.
HB 302. By Representative Smith of the 109th:
A bill to amend the "Butts County, City of Flovilla, City of Jackson, and City of Jenkinsburg Water and Sewer Authority Act," so as to change the provisions relating to bond maturities.
SB 34. By Senators Marable of the 52nd, Ray of the 19th, Dean of the 31st and Hill of the 4th:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of per sons under 21 years at no cost for that period of time until such person reaches the age of 21 years.
SB 35. By Senator Cheeks of the 23rd:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Anno tated, relating to boxing match licenses, so as to provide that the State Box ing Commission shall be authorized to contract with certain nonprofit organizations to promote amateur boxing; to repeal a provision relating to the repeal of such chapter.
SB 37. By Senator Cheeks of the 23rd:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to license applications and fees, so as to provide for the free replacement of a stolen driver's license; to provide for conditions and limita tions; to provide for free police reports in connection with such replacement.
SB 66. By Senators Clay of the 37th, Crotts of the 17th, McGuire of the 30th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to the offense of driving under the influence of alcohol or drugs; to change the pro visions relating to implied consent to chemical tests; to change the provisions relating to adminstration of chemical tests, rights of motorists, reporting of test results, refusal to submit to tests, and suspension or denial of licenses and permits.

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427

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 34. By Senators Marable of the 52nd, Ray of the 19th, Dean of the 31st and others:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide that any license issued to a person under the age of 21 years shall remain valid until such person reaches the age of 21 years; to provide for renewal of existing licenses of per sons under 21 years at no cost for that period of time until such person reaches the age of 21 years.
Referred to the Committee on Motor Vehicles.
SB 35. By Senator Cheeks of the 23rd:
A bill to amend Chapter 31 of Title 31 of the Official Code of Georgia Anno tated, relating to boxing match licenses, so as to provide that the State Box ing Commission shall be authorized to contract with certain nonprofit organizations to promote amateur boxing; to repeal a provision relating to the repeal of such chapter.
Referred to the Committee on Industry.

SB 37. By Senator Cheeks of the 23rd:
A bill to amend Code Section 40-5-25 of the Official Code of Georgia Anno tated, relating to license applications and fees, so as to provide for the free replacement of a stolen driver's license; to provide for conditions and limita tions; to provide for free police reports in connection with such replacement.
Referred to the Committee on Motor Vehicles.

SB 66. By Senators Clay of the 37th, Crotts of the 17th, McGuire of the 30th and others:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the provisions relating to the offense of driving under the influence of alcohol or drugs; to change the pro visions relating to implied consent to chemical tests; to change the provisions relating to adminstration of chemical tests, rights of motorists, reporting of test results, refusal to submit to tests, and suspension or denial of licenses and permits.
Referred to the Committee on Special Judiciary.

SB 162. By Senator Dean of the 31st:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, as amended, so as to change the compensation of the tax commis sioner.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 166. By Senator Middleton of the 50th:
A bill to amend an Act providing for the election of members of the Board of Education of Lumpkin County so as to reapportion and change the provi sions relating to the districts for the election of members of the board of education; to provide for submission of this Act for approval or rejection.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

SB 167. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chair person and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county manager; to provide for filling of vacancies; to provide for oaths of office and surety bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 176. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Dawson County; to provide for continuation of certain obligations and liabilities; to provide for a chair person and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 177. By Senator Middleton of the 50th:
A bill to amend an Act providing for an elected Board of Education of Dawson County, as amended, so as to change the number of and reapportion the education districts for the election of members of the board of education; to provide for the manner of electing members of the board of education; to provide for submission of this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 197. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act changing the composition and manner of selecting members of the Board of Education of Clayton County, as amended, so as to provide for nonpartisan election of such members without prior nonpartisan primaries; to provide for certain submissions.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 235. By Representatives Reichert of the 126th, Falls of the 125th, Randall of the 127th, Ray of the 128th, Lucas of the 124th and others:
A resolution commending the Mayor and Council of the City of Macon, the members of the Bibb County Board of Commissioners, the Keep Macon-Bibb Beautiful Commission, the Cherry Blossom Festival Board, and the Greater Macon Chamber of Commerce with respect to the annual Cherry Blossom Festival and inviting their representatives to appear before the House of Representatives.

HR 236. By Representatives Birdsong of the 123rd, Smith of the 175th, Bargeron of the 120th, Purcell of the 9th, Roberts of the 162nd and others:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major William P. Bland to appear before the House of Representatives.

WEDNESDAY, FEBRUARY 1, 1995

429

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

HR 173. By Representatives Reaves of the 178th, Holland of the 157th, Purcell of the 147th, Floyd of the 138th, Greene of the 158th and others:
A resolution urging the Congress of the United States to enact legislation which would require the label of any product marketed in the United States which contains peanuts to list the country of origin of such peanuts.

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

Y Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Y Chambless E Channell Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G
YDix Dixon, H
Y Dixon, S E Dobbs
Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Irvin
Y James Y Jamieson Y Jenkins Y Johnson,G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin
McBee Y McCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 151, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Due to a mechanical malfunction, the vote of Representative Ehrhart of the 36th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 119. By Representative Twiggs of the 8th:
A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, so as to change the provisions relating to notice to accused of time and place of commitment hearing.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:
Representative Bostick of the 165th moves to amend HB 119 as follows: By adding "by personal service" after notified on line 23 page 1.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Bailey Baker
Y Bannister Barfoot
Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless
E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Culbreth Cummings Davis, G
Y Davis, M
YDay Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H
Dixon, S E Dobbs Y Ehrhart Y Epps
Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner
Harbin Y Harris
YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox
Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock

Y Parham Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell
Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings 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 Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

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

Representatives Cummings of the 27th, Buck of the 135th and Purcell of the 147th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 220. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Ray of the 128th and Streat of the 167th:
A bill to amend the Official Code of Georgia Annotated, so as to provide that ratites are livestock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provi sions of law, so as to change a definition; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos and registration and certificates related thereto.

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The following Committee substitute was read and adopted:

A BILL
To amend the Official Code of Georgia Annotated so as to provide that ratites are live stock for the purposes of certain laws of this state; to amend Title 1 of the Official Code of Georgia Annotated, relating to general provisions of law, so as to change a definition and provide for an additional definition; to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change provisions relating to marks, brands, and tattoos and registration and certificates related thereto; to change the provisions relating to livestock running at large or straying; to change the provisions relating to the preven tion and control of diseases in livestock to include ratites; to change the provisions relating to live poultry dealers, brokers, and market operators so as to exclude ratites from a defi nition; to change a definition relating to the disposal of dead animals; to change the provi sions relating to livestock dealers and auctions and change a definition related thereto; to change the definition of the term "animal" as used in the "Georgia Farm Animal and Research Facilities Protection Act" to include ratites; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to change the provisions relating to livestock theft to include ratites; to changes the provisions relating to the offense of failure to pay for natural products or chattels so as to include ratites; to amend Title 26, relating to food, drugs, and cosmetics, so as to change the provisions relating to meat inspection, animal food manufacturers, meat brokers, meat food products, and Tenderers and definitions related thereto; to change the provisions relating to detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded and removal of official marks to include ratites and products thereof; to change the provisions relating to seizure and condemnation of carcasses, meat, and meat food products so as to include ratites and the meat and products thereof; to change the provisions relating to duties of inspectors appointed by the Commissioner of Agriculture and the inspection of animals prior to slaughter and the post-mortem inspection and disposition of carcasses, meat, and meat food products; to change the provisions relating to the slaughter, prepara tion, sale, and transportation of animals, meat, and meat food products; to change the pro visions relating to slaughter and packing establishments; to change the provisions relating to labeling, storage, and handling; to change the provisions relating to dead, dying, dis abled, or diseased animals and dealers therein; to change the provisions relating to records; to change the provisions relating to dairies and the storage of milk, cream, or dairy products; to amend Title 27, relating to game and fish, so as to change the definition of "domestic species" and the provisions relating to trapping for the protection of livestock so as to include ratites; to amend Title 45, relating to public officers and employees, so as to change the provisions relating to the powers of the Governor to offer rewards for the detection and apprehension of persons committing certain crimes relating to theft of ani mals; to provide for other matters relating to ratites; 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 1 of the Official Code of Georgia Annotated, relating to general provisions of law, is amended by striking paragraph (4.1) of Code Section 1-3-3, relating to definitions of terms used in the Official Code of Georgia Annotated, and inserting in lieu thereof a new paragraph (4.1) to read as follows:
"(4.1) 'Agriculture,' 'agricultural operations,' or 'agricultural or farm products' means raising, harvesting, or storing of crops; feeding, breeding, or managing livestock or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, ratites, and rabbits, or for use in the production of poultry, including, but not limited to, chickens, hens, and tur keys; producing plants, trees, fowl, or animals; or the production of aquacultural, hor ticultural, dairy, livestock, poultry, eggs, and apiarian products. If the term 'agriculture,' 'agricultural operations,' or 'agricultural or farm products' is defined in

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Title 2, Title 4, or Title 10 or in any chapter, article, part, subpart, or Code section of such titles, such specific definition shall control for such purposes over the defini tion contained in this paragraph. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state."
SECTION 2. Said title is further amended by adding to Code Section 1-3-3, relating to definitions of terms used in the Official Code of Georgia Annotated, following paragraph (16), a new par agraph (16.1) to read as follows:
"(16.1) 'Ratites' mean any members of the ratite family, including but not limited to ostriches, emus, and rheas, which are not indigenous to this state and which are raised for the purpose of producing meat, fiber, or animal by-products or as breeding stock. For the purposes of the laws of this state, ratites shall be treated as livestock and the term 'livestock' as used in this Code or any law of this state shall include ratites unless such ratites are specifically excluded from the operation of any such law or unless such law or the operation thereof is restricted to a certain type of livestock."
SECTION 3. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by strik ing subsection (a.) of Code Section 4-2-1, relating to mark, brand, or tattoo registration and certificates related thereto, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any person owning any Iivestock2 including any ratite, and desiring to register a mark, brand, or tattoo shall apply to the Commissioner for a certificate of mark, brand, or tattoo registration. Application for a certificate shall be made on forms provided by the department. Applications shall contain or be accompanied by such information as may be required by rule or regulation. In issuing certificates, the Commissioner shall not issue certificates to more than one person for the same or substantially identical marks, brands, or tattoos. There shall be no charge or fee for registration."
SECTION 4. Said title is further amended by striking paragraph (1) of Code Section 4-3-2, relating to definitions of terms used in the laws relating to livestock running at large or straying, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Livestock' means all animals of the equine, bovine, or swine class, including goats, sheep, mules, horses, hogs, cattle, and other grazing animals2 and all ratites, including, but not limited to, ostriches, emus, and rheas."
SECTION 5. Said title is further amended by striking Code Section 4-4-1.1, relating to the definition of the term "livestock" as used in Chapter 4 of Title 4, the laws relating to prevention and control of disease in livestock, and inserting in lieu thereof a new Code Section 4-4-1.1 to read as follows:
"4-4-1.1.
As used in this chapter, the term 'livestock' means cattle, swine, equines, poultry, sheep, goats, ratites, and ruminants."
SECTION 6. Said title is further amended by striking paragraph (3) of Code Section 4-4-80, relating to definitions of terms used in Part 5 of Article 1 of Chapter 4 of Title 4, relating to live poultry dealers, brokers, and market operators, and inserting in lieu thereof a new para graph (3) to read as follows:
"(3) 'Poultry' means domestic fowl including, but not limited to, water fowl such as geese and ducks; birds which are bred for meat and egg production, exhibition, or competition; game birds such as pheasants, partridge, quail, and grouse, as well as guinea fowl, pigeons, doves, peafowl; and all other avian species. Such term shall not include ratites, which are considered to be livestock under the laws of this state."

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SECTION 7. Said title is further amended by striking Code Section 4-5-2, relating to the definition of the term "dead animals" as used in Chapter 5 of Title 4, known as the "Dead Animal Dis posal Act," and inserting in lieu thereof a new Code Section 4-5-2 to read as follows:
"4-5-2. As used in this chapter, the term 'dead animals' means the carcasses, parts of carcasses, effluent, or blood of farm livestock, including poultry ratites, and equines."
SECTION 8. Said title is further amended by striking paragraph (4) of Code Section 4-6-1, relating to definitions of terms used in Chapter 6 of Title 4, relating to livestock dealers and auctions, and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) 'Livestock' means cattle, swine, sheep, ratites, and goats of all kinds and species."
SECTION 9. Said title is further amended by striking paragraph (2) of Code Section 4-11-31, relating to definitions of terms used in Article 2 of Chapter 11 of Title 4, known as the "Georgia Farm Animal and Research Facilities Protection Act," and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Animal' means any warm or cold-blooded animal or insect which is being used in food or fiber production, agriculture, research, testing, or education, including, but not limited to, hogs, equines, mules, cattle, sheep, ratites, goats, dogs, rabbits, poultry, fish, and bees. The term 'animal' shall not include any animal held primarily as a pet."
SECTION 10. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subsection (b) of Code Section 16-8-20, relating to livestock theft, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) For the purposes of this Code section, the term 'livestock' means horses, cattle, swine, sheep, ratites, goats, rabbits, and any domestic animal produced as food for human consumption."
SECTION 11. Said title is further amended by striking Code Section 16-9-58, relating to failure to pay for natural products or chattels, and inserting in lieu thereof a new Code Section 16-9-58 to read as follows:
"16-9-58. Any person, either on his or her own account or for others, who shall buy cotton, corn, rice, crude turpentine, spirits of turpentine, rosin, pitch, tar, timber, pulpwood, poultry and poultry products, cattle, hogs, sheep, goats, ratites, horses, mules, pecans, peaches, apples, watermelons, cantaloupes, or other products or chattels and shall fail or refuse to pay therefor or shall make way with or dispose of the same before he or she shall have paid therefor unless credit shall be expressly extended therefor shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year nor more than five years."
SECTION 12. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking paragraphs (2), (11), (12), and (20) of Code Section 26-2-62, relat ing to definitions of terms used in Article 3 of Chapter 2 of Title 26, known as the "Geor gia Meat Inspection Act," and inserting in lieu thereof new paragraphs (2), (11), (12), and (20) to read as follows:
"(2) 'Animal food manufacturer' means any person, firm, or corporation engaged in the business of manufacturing or processing food for animals, such food being derived wholly or in part from carcasses or parts or products of the carcasses of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines."

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"(11) 'Meat broker' means any person, firm, or corporation engaged in the business of buying or selling, on commission, carcasses, parts of carcasses, meat, or meat food products of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or otherwise negotiating purchases or sales of such articles other than for his or her own account or as an employee of another person, firm, or corporation. (12) "Meat food product" means any product capable of use as human food which is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, ratites, rabbits, or goats, excepting products which contain meat or other portions of such carcasses only in a relatively small proportion or which historically have not been considered by consumers as products of the meat food industry and which are exempted from definition as a meat food product by the Commissioner under such conditions as he the Commissioner may prescribe by regulation to assure that the meat or other portions of such carcasses contained in such product are not adulterated and that such products are not represented as meat food products. This term as applied to food products of equines shall have a meaning comparable to that provided in this paragraph with respect to cattle, sheep, swine, ratites, rabbits, and goats." "(20) 'Renderer' means any person, firm, or corporation engaged in the business of rendering carcasses or parts or products of the carcasses of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, except rendering conducted under inspection under Code Sections 26-2-100 through 26-2-115."
SECTION 13. Said title is further amended by striking Code Section 26-2-84, relating to detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded and removal of official marks, and inserting in lieu thereof a new Code Section 26-2-84 to read as follows:
"26-2-84.
Whenever any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cat tle, sheep, swine, ratites, rabbit, goat, or equine is found by any authorized representa tive of the Commissioner upon any premises where it is held for purposes of, or during or after2 distribution and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of Part 3 of this article or Title I of the Federal Meat Inspection Act or the Federal Food, Drug, and Cosmetic Act, or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed 20 days, pending action under Code Sec tion 26-2-86 or notification of any federal authorities having jurisdiction over such arti cle or animal; and it shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Commissioner that the article or animal is eligible to retain such marks."
SECTION 14. Said title is further amended by striking subsection (a) of Code Section 26-2-85, relating to seizure and condemnation of carcasses, meat, and meat food products, release bonds, and costs, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, ratite, rabbit, goat, or equine, that is being transported or is held for sale in this state after such transportation, and that is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in viola tion of this article, is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against

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and seized and condemned, at any time, on an action for condemnation to be brought by the Commissioner in the superior court of the county in which the article or animal is found."
SECTION 15. Said title is further amended by striking Code Section 26-2-100, relating to duties of inspectors, and inserting in lieu thereof a new Code Section 26-2-100 to read as follows:
"26-2-100.
The Commissioner shall appoint, from time to time, inspectors to make examination and inspection of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, the inspection of which is provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products are prepared. Said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment described in this chapter until the same shall have actually been inspected and found to be not adulterated. Said inspectors shall perform such other duties as are provided by this article and by the rules and reg ulations to be promulgated by the Commissioner."
SECTION 16. Said title is further amended by adding, following Code Section 26-2-100, a new Code Sec tion 26-2-100.1 to read as follows:
"26-2-100.1.
All examinations and inspections of ratite carcasses and parts thereof, of ratite meats and meat food products thereof, of sanitary conditions of all establishments in which ratite meat and meat food products are prepared, and any other examination or inspec tion of ratites and products thereof under or pursuant to this article shall be conducted by and through a voluntary inspection program with all costs thereof paid by the estab lishment slaughtering the ratites or preparing such meat or meat food product, at rates established by the Commissioner."
SECTION 17. Said title is further amended by striking Code Section 26-2-102, relating to inspection of animals prior to slaughter or preparation; examination and slaughtering of diseased ani mals; examination and inspection of method by which animals are handled and slaugh tered; and the right of the Commissioner of Agriculture to deny or suspend inspections at establishments slaughtering animals by unapproved methods, and inserting in lieu thereof a new Code Section 26-2-102 to read as follows:
"26-2-102.
(a) For the purpose of preventing the use in commerce of meat food products which are adulterated, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines before they shall be allowed to enter into any slaugh tering, packing, meat-canning, rendering, or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are con ducted for commerce. (b) All cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines found on such inspection to show symptoms of disease shall be set apart and slaugh tered separately from all other cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines; and, when so slaughtered, the carcasses of said cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines shall be subject to a careful exami nation and inspection, all as provided by the rules and regulations promulgated by the Commissioner. (c) For the purpose of preventing the inhumane slaughtering of livestock, the Commis sioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, ratites, rabbits, goats,

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horses, mules, and other equines are slaughtered and handled in connection with slaugh ter in the slaughtering establishments inspected under this article. The Commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the Commis sioner finds that any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines have been slaughtered or handled in connection with slaughter at such establish ment by any method not in accordance with paragraph (2) of Code Section 26-2-110 and Code Section 26-2-110.1 until the establishment furnishes assurances satisfactory to the Commissioner that all slaughtering and handling in connection with slaughter of live stock shall be in accordance with such a method."
SECTION 18. Said title is further amended by striking subsection (a) of Code Section 26-2-103, relating to post-mortem inspection and marking of carcasses and parts, disposition of condemned carcasses and parts, reinspection, and removal of inspectors, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner shall cause to be made, by inspectors appointed for that pur pose, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, pack ing, rendering, or similar establishment in this state in which such articles are prepared for commerce."
SECTION 19. Said title is further amended by striking subsection (a) of Code Section 26-2-104, relating to inspection of carcasses, parts, meat, and meat products brought into or returned to slaughtering or packing establishments and limitations on entry of carcasses, parts, meat, and meat products, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Code Sections 26-2-102 and 26-2-103 shall apply to all carcasses or parts of car casses of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment where inspection under this part is maintained; and such examination and inspection shall be had before the carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products."
SECTION 20. Said title is further amended by striking Code Section 26-2-108, relating to sanitary inspections of slaughter and packing establishments, sanitation regulations, and labeling adulterated meat and meat food products, and inserting in lieu thereof a new Code Section 26-2-108 to read as follows:
"26-2-108.
The Commissioner shall cause to be made, by experts in sanitation or by other compe tent inspectors, such inspection as may be necessary to inform himself or herself about the sanitary conditions of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are pre pared for commerce. The Commissioner shall prescribe the rules and regulations of sani tation under which such establishments shall be maintained; and, where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, he the Commissioner shall refuse to allow the meat or meat food products to be labeled, marked, stamped, or tagged as 'Inspected and Passed.'"
SECTION 21. Said title is further amended by striking Code Section 26-2-109, relating to inspection of animals and food products thereof slaughtered and prepared at nighttime, and inserting in lieu thereof a new Code Section 26-2-109 to read as follows:
"26-2-109.

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The Commissioner shall cause an examination and inspection of all cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines, and the food products thereof, slaughtered and prepared in the establishments described in this part. Such inspection shall be made during the nighttime as well as during the daytime, when the slaughtering of said cattle, sheep, swine, ratites, rabbits, goats, horses, mules, and other equines or the preparation of said food products is conducted during the nighttime."
SECTION 22. Said title is further amended by striking Code Section 26-2-110, relating to slaughter, preparation, sale, or transportation of animals, meat, or meat food products generally, and inserting in lieu thereof a new Code Section 26-2-110 to read as follows:
"26-2-110.
No person, firm, or corporation shall, with respect to any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat, or meat food products of any such animals:
(1) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles for commerce except in compliance with this article; (2) Slaughter or handle in connection with such slaughter any such animals in any manner not declared to be humane under Code Section 26-2-110.1; (3) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce:
(A) Any such articles which: (i) Are capable of use as human food; and (ii) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or
(B) Any articles required to be inspected under this part unless they have been so inspected and passed; or (4) With respect to any such articles which are capable of use as human food, do any act while they are being transported in commerce or held for sale after such transpor tation which is intended to cause or has the effect of causing such articles to be adul terated or misbranded."
SECTION 23. Said title is further amended by striking subsection (a) of Code Section 26-2-110.1, relating to approved methods for handling and slaughtering of animals and designation by the Commissioner of Agriculture of methods of handling and slaughtering, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) For purposes of this article, the following methods of slaughtering and handling are declared to be humane:
(1) In the case of cattle, calves, horses, mules, sheep, swine, ratites, rabbits, and other livestock, all animals are to be rendered insensible to pain by a single blow or gunshot or by an electrical, chemical, or other means which is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or (2) By slaughtering and handling in connection with such slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that pre scribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument."
SECTION 24. Said title is further amended by striking subsection (a) of Code Section 26-2-112, relating to inspection exceptions and labeling and handling of custom slaughtered and prepared meat or meat food products, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (c) of this Code section, the provisions of this part requiring inspection of the slaughter of animals and the preparation of the carcasses,

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parts thereof, meat, and meat food products at establishments conducting such opera tions shall not apply to:
(1) The slaughtering by any person of animals of his or her own raising and the prep aration by him or her and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees; (2) The custom slaughter by any person, firm, or corporation of cattle, sheep, swine, ratites, rabbits, or goats delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use in the household of such owner by him the owner and members of his or her household and his or her nonpaying guests and employees; nor to the custom preparation by any per son, firm, or corporation of carcasses, parts thereof, meat, or meat food products derived from the slaughter by any person of cattle, sheep, swine, ratites, rabbits, or goats of his or her own raising, or from game animals, delivered by the owner thereof for such custom preparation and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner by him or her and mem bers of his or her household and his or her nonpaying guests and employees, provided that, in cases where such person, firm, or corporation engages in such custom opera tions at an establishment at which inspection under this article is maintained, the Commissioner may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis. Custom operations at any establishment shall be exempt from inspection requirements as provided by this Code section only if the establishment complies with regulations which the Commissioner is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products, wherever handled on a custom basis, or any containers or packages containing such articles are separated at all times from carcasses, parts thereof, meat, or meat food products prepared for sale; that all such articles prepared on a custom basis or any containers or packages containing such articles are plainly marked "Not for Sale" immediately after being prepared and kept so identified until delivered to the owner; and that the establishment conducting the custom operation is maintained and operated in a sanitary manner; or (3) The slaughtering and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 2,500 rabbits per year."
SECTION 25. Said title is further amended by striking Code Section 26-2-113, relating to storage and handling regulations for carcasses, meat, and meat food products, and inserting in lieu thereof a new Code Section 26-2-113 to read as follows:
"26-2-113.
The Commissioner may by regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, capable of use as human food, shall be stored or other wise handled by any person, firm, or corporation engaged in the business of buying, sell ing, freezing, storing, or transporting such articles whenever the Commissioner deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer."
SECTION 26. Said title is further amended by striking Code Section 26-2-130, relating to buying, selling, transportation, etc., of dead, dying, disabled, or diseased animals, and inserting in lieu thereof a new Code Section 26-2-130 to read as follows:
"26-2-130.
No person, firm, or corporation engaged in the business of buying, selling, or transport ing in commerce dead, dying, disabled, or diseased animals, or any parts of the carcasses of any such animals, shall buy, sell, transport, offer for sale or transportation, or receive

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439

for transportation any dead, dying, disabled, or diseased cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or parts of the carcasses of any such ani mals, unless such transaction or transportation is made in accordance with such regula tions as the Commissioner may promulgate, to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes."
SECTION 27. Said title is further amended by striking Code Section 26-2-131, relating to registration of dealers in dead, dying, diseased, or disabled animals, and inserting in lieu thereof a new Code Section 26-2-131 to read as follows:
"26-2-131.
No person, firm, or corporation shall engage in business as a meat broker, Tenderer, or animal food manufacturer or engage in business as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles, or engage in the business of buying, selling, or transporting in commerce any dead, dying, disabled, or diseased animals of the specified kinds, or parts of such carcasses of any such animals unless, when required by regulations of the Commissioner, he or she has registered with the Commissioner his or her name and the address of each place of business at which, and all trade names under which, he or she conducts such business."
SECTION 28. Said title is further amended by striking subsection (a) of Code Section 26-2-132, relating to maintenance and inspection of records, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all per sons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Commissioner, afford such repre sentative and any duly authorized representative of the secretary of agriculture of the United States accompanied by such representative of the Commissioner access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor:
(1) Any persons, firms, or corporations that engage for commerce in the business of slaughtering any cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals for use as human food or animal food; (2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers, or otherwise) or transporting in commerce or storing in or for such commerce any carcasses, or parts or products of carcasses, of any such ani mals; and (3) Any persons, firms, or corporations that engage in business as Tenderers or engage in the business of buying, selling, or transporting any dead, dying, disabled, or dis eased cattle, sheep, swine, ratites, rabbits, goats, horses, mules, or other equines, or parts of such carcasses."
SECTION 29. Said title is further amended by striking Code Section 26-2-249, relating to unlawful acts under Article 7 of Chapter 2 of Title 26, known as the "Georgia Dairy Act of 1980," and inserting in lieu thereof a new Code Section 26-2-249 to read as follows:
"26-2-249.
It shall be unlawful: (1) To handle milk, cream, butter, ice cream, or other dairy products in unclean or unsanitary places or in an unsanitary manner;

440

JOURNAL OF THE HOUSE,

(2) To keep, store, or prepare for market any milk, cream, or other dairy products in the same building or enclosure where any hide or fur or any cow, horse, ratite, hog, or other livestock is kept; (3) To handle or ship milk, cream, ice cream, or other dairy products in unclean or unsanitary vessels; (4) To expose milk, cream, ice cream, or other dairy products to flies or to any con taminating influence likely to convey pathogenic or other injurious bacteria; (5) For any common carrier, railway, or express company to neglect or fail to remove or ship from its depot, on the day of its arrival there for shipment, any milk, cream, or other dairy products left at the depot for transportation; (6) For any common carrier, railway, or express company to allow merchandise of a contaminating nature to be stored on or with dairy products; (7) To use any branded or registered cream can or milk can or ice cream container for any purpose other than the handling, storing, or shipping of milk, cream, or ice cream; provided, however, that no person other than the rightful owner thereof shall use any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner; (8) To sell or offer for sale ice cream from a container or a compartment of a cabinet or fountain which contains any article of food other than ice cream or dairy products; (9) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products that are not pure and fresh and handled with clean utensils; (10) To sell or offer for sale milk or cream from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease; (11) To sell or offer for sale any milk or cream which shall have been exposed to con tamination or into which shall have fallen any unsanitary articles or any foreign sub stance which would render the milk or cream or the product manufactured therefrom unfit for human consumption; (12) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products which do not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder."
SECTION 30. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraph (23) of Code Section 27-1-2, relating to definitions of terms used in Title 27, and inserting in lieu thereof a new paragraph (23) to read as follows:
"(23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, ratites, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from mem bers of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be "domestic fish," but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domes tic fish."
SECTION 31. Said title is further amended by striking subsection (d) of Code Section 27-3-62, relating to open seasons for trapping, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Notwithstanding subsection (a) or (b) of this Code section, it shall be lawful to trap beaver, rats, and mice at any time during the year. It shall also be lawful for any person to set steel traps within 200 yards of the residence or dwelling of any such person for the protection of livestock, ratites, poultry, or other fowl or domestic animals from any predatory bird or animal."

WEDNESDAY, FEBRUARY 1, 1995

441

SECTION 32. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employ ees, is amended by striking subsection (c) of Code Section 45-12-35, relating to the power of the Governor to pay a reward for detection or apprehension of perpetrators of felonies or cattle, horse, or swine thieves, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The Governor shall, at his the Governor's discretion, offer and cause to be paid rewards for the detection or apprehension of cattle, horse, ratites, or swine thieves steal ing cattle, horses, ratites, or swine within this state; and such reward shall not exceed $1,000.00."
SECTION 33. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 34. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck
Y Buckner Y Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H
Dixon, S E Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce E Kaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox
Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Pinholster 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 Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkiield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F
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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

442

JOURNAL OF THE HOUSE,

HB 401. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th, Benefield of the 96th, Mueller of the 152nd and others:
A bill to amend Chapter 3 of Title 27 of the Official Code of Georgia Anno tated, relating to wildlife, generally, so as to provide that it shall be unlawful to feed wild alligators.

The following amendments were read and adopted:

Representative Teper of the 61st moves to amend HB 401 as follows: Line 14 after the word "alligator" add the words "not in captivity".

Representatives Poston of the 3rd, Hanner of the 159th, Irvin of the 45th and Ehrhart of the 36th move to amend HB 401 as follows: By inserting on line 15, p. 1, before "tossing", the following:
"willfully"
By inserting on line 16, p. 1, before "leaving", the following: "willfully"
and by inserting on line 13, p. 1, before "feed", the following: "willfully"
and by inserting on line 18, p. 1, before "feeding", the following: "willfully".

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 Bailey Y Baker N Bannister
Y Barfoot
Y Bargeron
Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
N Breedlove Y Brooks, D Y Brooks, T
Y Brown, G
N Brown, J
N Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell

Y Childers
Y Coker Y Coleman. B Y Coleman, T
Y Connell
Y Cox
Y Crawford Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M Y Day
Y DeLoach, B Y DeLoach, G N Dix
Y Dixon, H
Y Dixon, S
E Dobbs Y Ehrhart Y Epps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene

Y Grindley
Y Hanner Y Harbin Y Harris
Hart
Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hugley Y Irvin
Y James
Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein Y Ladd N Lakly

N Lane
Y Lawrence Y Lee Y Lewis
N Lifsey
Y Lord
Y Lucas Y Maddox
Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J
Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal N Sanders
N Sauder Y Scoggins Y Shanahan
Y Shaw
Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W

WEDNESDAY, FEBRUARY 1, 1995

443

Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L

Y Walker, R.L Y Wall Y Watson Y Watts N Westmoreland Y Whitaker Y White

Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 151, nays 19.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 327. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the maximum amount of compensation used in computing employee contributions to and benefits due from any public retirement or pension system shall be that established by the federal Internal Revenue Code.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
YCox Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S E Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson,J Y ,k)hnston
Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall
Y McClinton McKinney
Y Mills
Y Mobley, B Y Mobley, J
Mosley Mueller
Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Polak Y Porter
Y Poston Y Powell
Purcell, A Y Purcell, B
Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings
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
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
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 Speaker Pro Tern assumed the Chair.

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JOURNAL OF THE HOUSE,

HB 264. By Representatives Tillman of the 173rd, Smith of the 175th, Smith of the 174th, Smith of the 169th, Mosley of the 171st and others:
A bill to amend Code Section 27-4-150, related to the taking, possessing, and dealing in crabs and peelers, so as to provide for a commercial crabbing license.

The following Committee substitute was read:

A BILL

To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for a commercial crabbing license; to provide for license fees; to provide for the restriction of activities related to commercial crabbing by certain persons; to pro vide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by inserting immediately following subparagraph (B) of paragraph (5) of Code Section 27-2-23, relating to license, permit, tag, and stamp fees, the following:

"(C) Resident commercial crabbing license (D) Nonresident commercial crabbing license

Season Season

$

12.00

$ 118.00"

SECTION 2. Said title is further amended by striking in its entirety Code Section 27-4-110, relating to the requirement of a commercial fishing license, and inserting in lieu thereof the following:
"27-4-110.
It shall be unlawful for any person other than a person in possession of a valid commer cial crabbing license as provided for in Code Section 27-4-150 to engage in commercial fishing in any of the salt waters of this state without first obtaining a commercial fishing license. Such license shall be separate and distinct from and in addition to the commer cial fishing boat license required by Code Section 27-2-8."

SECTION 3 Said title is further amended by striking in its entirety Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, and inserting in lieu thereof the fol lowing:
"27-4-150.
(a) It shall be unlawful for any person to take or possess in this state any crab, other than a mature adult female crab, measuring less than five inches from spike to spike across the back; provided, however, that any person may take or possess peelers measur ing at least three inches from spike to spike across the back. Any crabs taken or pos sessed in violation of this subsection may not be intentionally killed and must be returned to the salt waters of this state as soon as possible; provided, however, nothing in this subsection shall prohibit any person from importing, transporting, or possessing crabs when such person can provide documentary evidence showing that the crabs were taken outside this state. (b) It shall be unlawful for any person other than a licensed commercial salt-water fisherman or licensed commercial crab fisherman to take or possess commercial quanti ties of crabs, other than soft-shelled crabs, during any 24 hour period; provided, how ever, nothing in this subsection shall be construed to prohibit a person from possessing commercial quantities of such crabs when the person can provide documentary evidence

WEDNESDAY, FEBRUARY 1, 1995

445

showing that the crabs were purchased from a licensed commercial salt water fisherman^ a licensed commercial crab fisherman, or any person licensed to engage in the business of selling seafood or were purchased outside this state.
(c)(l) It shall be unlawful for any person other than a licensed commercial aalt water crab fisherman or a licensed soft-shell crab dealer to take or possess peelers in com mercial quantities; provided, however, it shall be lawful for any person to possess such amount of peelers when the person can provide documentary evidence showing that the peelers were purchased from a licensed soft-shell crab dealer or any person licensed to engage in the business of selling seafood or were purchased outside the state. (2) It shall be unlawful for any person taking peelers to sell the peelers to any person other than a licensed soft-shell crab dealer. (3) It shall be unlawful for a soft-shell crab dealer to purchase peelers from any per son other than a licensed commercial salt-water crab fisherman or another soft-shell crab dealer, provided that it shall be lawful for a soft-shell crab dealer to purchase peelers from any person outside this state, or from outside this state. (d) It shall be unlawful for any person other than a licensed soft-shell crab dealer to operate a shedding facility for commercial purposes. (e)(l) The department shall begin issuing commercial crabbing licenses on April 1^ 1995, or the effective date of this subsection, whichever date is later; provided, how ever, that until July _!, 1997, only a person who was m possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that he or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 27-2-23. (2) Except as provided in Code Section 27-4-133, from April 1^ 1995, or the date this subsection became effective, whichever is later, only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose of commercial crabbing activities as provided for m subsections (b) and (c) of this Code section. Such license shall be distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8."
SECTION 4. Said title is further amended by striking in their entirety subsections (c) and (d) of Code Section 27-4-151, relating to the use of crab traps, and inserting in lieu thereof, respec tively, the following:
"(c) It shall also be unlawful to set or place in the salt waters of this state any commer cial crab trap which does not have attached a float with such alphanumeric identifica tion as is assigned by the department to the owner of the trap. Such alphanumeric identification shall be at least one inch in height, of a color which contrasts with the color of the float, of block character, and spaced so as to be readable from left to right. The alphanumeric identification shall be assigned by the department to the owner of the trap when the owner is issued his or her commercial fiahing crabbing license. For subse quent years, the same alphanumeric identification shall be assigned to such commercial aalt water crab fisherman. (d) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the owner licensed commer cial crab fisherman or a person sole individual carrying on his or her person written per mission from the owner licensed commercial crab fisherman if the department has been previously notified of such permission, to take crabs from such trap or intentionally to damage, destroy, or remove from the water any crab trap or float thereof."

446

JOURNAL OF THE HOUSE,

SECTION 5 Said title is further amended by striking in its entirety subsection (h) of Code Section 27-4-151, relating to the use of crab traps, which reads as follows:
"(h) Notwithstanding any other provision of this title, it shall not be unlawful to fail to attach a float to a commercial crab trap which is securely affixed to a privately owned dock, provided the permission of the owner of the dock has first been obtained; pro vided, further, nothing in this title shall be construed to require a person to obtain a commercial fishing license to take crabs with one commercial crab trap which is 2' X 2' or smaller when (1) the trap is securely affixed to a privately owned dock, (2) the person has previously obtained the permission of the owner of the dock, and (3) the crabs are not sold.", and inserting in lieu thereof the following: "(h) Nothing in this title shall be construed to require any individual to obtain a com mercial fishing license or a commercial crabbing license when such person is deploying three or fewer crab traps in the salt waters of this state to take crabs for personal con sumption; provided, however, that each crab trap measures 2 feet by 2 feet or smaller; a float clearly marked with the owner's name and address is attached to each crab trap; the quantity of crabs taken or possessed by such person does not exceed one bushel per person or 1 l/z bushels per boat when the boat is occupied by more than one person; and the crabs are not sold."
SECTION 6 This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7 All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Bannister of the 77th moves to amend the Committee substitute to HB 264 as follows:
On page 1 line 28 insert "crabbing" between the words commercial & fishing.

The Committee substitute was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates
Y Beneiield
Y Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush

Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless
E Channell
Y Childers
Y Coker Y Coleman, B Y Coleman, T
Connell Y Cox Y Crawford Y Crews Y Culbreth

Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S
E Dobbs
Y Ehrhart
Y Epps Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin

Y Greene Y Grindley Y Banner Y Harbin
Harris Y Hart Y Heard Y Heckstall Y Hegstrom
Y Hembree
Y Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson

Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd
Y Lakly
Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox

WEDNESDAY, FEBRUARY 1, 1995

447

Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote

Y Perry Y Pinholster 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 Rogers Y Royal N Sanders

Y Sander Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre

Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts
Y Westmoreland
Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 167, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 264 was ordered immediately transmitted to the Senate.

HB 208. By Representatives Barfoot of the 155th, Lane of the 146th, Parrish of the 144th, Godbee of the 145th, Barnard of the 154th and others:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to change the definition of a term and provide additional definitions; to change the provisions relating to the powers and duties of the Commissioner of Agri culture to prescribe rules and regulations.

The following Committee substitute was read and adopted:

A BILL
To amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to change the definition of a term and provide additional definitions; to change the provisions relating to the powers and duties of the Commissioner of Agriculture to prescribe rules and regulations; to provide for the contents of rules and regulations; to provide for requirements relating to packing of Vidalia onions; to provide for marketing season opening dates and the procedures related to the determination thereof; to provide for standards for grades of Vidalia onions and the establishment of tolerances and percentages; to provide for other matters relating to Vidalia onions; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," is amended by striking Code Section 2-14-131, relating to definitions, and inserting in lieu thereof a new Code Section 2-14-131 to read as follows:
"2-14-131. As used in this article, the term:
(1) 'Person' means an individual, partnership, corporation, association, or any other legal entity. (1.1) 'Vidalia onion' means all onions of the Vidalia onion variety grown in the Vidalia onion production area.

448

JOURNAL OF THE HOUSE,

(1.2) 'Vidalia Onion Committee' means the committee established pursuant to 7 CFR part 955.20 (revised as of January 1^ 1994). (2) 'Vidalia onion production area' means a production area which encompasses only the State of Georgia or such lesser area as may be provided for pursuant to subsection (a) of Code Section 2-14-133. (3) 'Vidalia onion variety' means aH Yellow Hybrid Grancx and Grancx 33 onions er other existing Grancx varieties of Allium Cepa of the hybrid yellow granex, granex parentage or other similar varieties. The Commissioner may limit the usage of certain varieties or authorize the inclusion of new varieties based upon recommendations of the director of the Experiment Stations of the College of Agricultural and Environ mental Sciences of the University of Georgia."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 2-14-133, relat ing to rules and regulations and the enforcement of the article, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The Commissioner of Agriculture is authorized to prescribe rules or regulations which may include, but not necessarily be limited to, quality standards, grades, packing, handling, labeling, and marketing practices for the marketing of onions in this state^ including the requirements that all Vidalia onions be initially packed only in the Vidalia onion production area and that no Vidalia onion may be shipped from the Vidalia onion production area in bulk except as may be authorized by rule, and such other regulations as are necessary to administer properly this article. The Commissioner may also pre scribe rules or regulations establishing a registration, inspection, and verification pro gram for the production and marketing of Vidalia onions in this state and, after hearing and public comment, further limiting the Vidalia onion production area as defined in paragraph (2) of Code Section 2-14-131. Pursuant to such rules, regulations, and condi tions as may be prescribed by the Commissioner, the Commissioner is authorized to grant variances in the production area requirements of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to January 31, 1986. Such rules or regulations may include within the definition of Vidalia onion variety as defined in paragraph (3) of Code Section 2-14-131 other hybrids or varieties of onions which may be developed and which have characteristics similar to the Vidalia onion variety. All onions sold must conform to the prescribed standards and grades and must be labeled accordingly."
SECTION 3. Said article is further amended by adding, following Code Section 2-14-135, a new Code Section 2-14-136 to read as follows:
"2-14-136.
The Commissioner may determine and announce the opening date each year for the Vidalia onion marketing season in this state upon the recommendation of the Vidalia Onion Committee. The committee shall survey the conditions of the Vidalia onion crop and recommend an opening date of the marketing season to the Commissioner."
SECTION 4. Said article is further amended by adding at the end thereof a new Code Section 2-14-137 to read as follows:
"2-14-137.
The standards for grades adopted by the U.S. Department of Agriculture, U.S. Stan dards for Grades of Bermuda-Granex-Grano Type Onions, effective January 1, 1960, as amended March 18, 1962, and February 20, 1985, (7 CFR 51.3195-51.3209), December 31, 1981, and U.S. Standards for Grades of Common Green Onions (7 CFR 51.1055-51.1071) December 31, 1981, are adopted and shall be the standards for grades in this state, except that the Commissioner may establish tolerances or allowable per centages of U.S. Standards each season upon the recommendation of the Vidalia Onion Committee."

WEDNESDAY, FEBRUARY 1, 1995

449

SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, CY Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S E Dobbs Y Ehrharl Y Epps
Evans Y Falls Y Felton Y Floyd Y Godbee
Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall
Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston
Jones N Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.VV Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L
Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Titus of the 180th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.
HB 250. By Representatives Walker of the 141st and Royal of the 164th: A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to local government in general, so as to enact the "Local Gov ernment Authorities Registration Act".
The following amendments were read and adopted:

450

JOURNAL OF THE HOUSE,

The Committee on State Planning and Community Affairs moves to amend HB 250 by striking line 2 on page 2 and inserting in lieu thereof the following:
"limitation instrumentalities of one or more local governments created".
By adding on line 9 of page 2 immediately following the word and symbol "authorities," the following:
"airport authorities,".

Representative Walker of the 141st moves to amend HB 250 as follows:
By adding after the word Section on line 40, page 2 the following: "Provided, however, no fee shall be charged or allowed for the annual registration as required herein."

Representative Heckstall of the 55th moves to amend HB 250 as follows:
By adding on page 2, line 3 after the word "purpose" the following "... or any other legally created organization that has authority to issue debt for a public purpose independent of a county or municipality, not to include state authorities."

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S E Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwill Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamun Y Klein Y Ladd
Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

WEDNESDAY, FEBRUARY 1, 1995

451

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.

452

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 2, 1995

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

Ashe Bailey Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong
Breedluve
Brooks, D
Brooks, T Brown, G Brown, J
Brush
Buck
Buckner Bunn Burkhalter Byrd Campbell Carter
Chambless Childers
Coker Coleman, B Coleman, T Connell Cox Crawford

Crews
Culbreth Cummings Davis, M
Day DeLoach, B DeLoach, G
Dix Dixon, H
Dixon, S Dobbs Ehrhart Epps Evans Falls Felton Floyd God bee
Golden
Goodwin
Greene Grindley Harbin Harris Heckstall Hegstrom
Hembree
Holland
Howard
Hudson
Hugley

Irvin James
Jamieson
Jenkins
Johnson, G
Johnson, J
Johnston
Jones
Joyce
Kaye Kinnamon Ladd
Lakly Lane Lawrence Lee Lewis Lifsey Lord Lucas
Maddox
Mann Martin
McBee
McCall McClinton McKinney Mills Mobley, B Mobley, J Mosley

Mueller O'Neal Parham Parrish
Parsons Pelote Perry
Pinholster
Polak
Porter
Powell
Purcell, A
Purcell, B
Randolph
Reaves Reichert Roberts Royal Sanders Sauder Shanahan Sherrill
Shipp Simpson
Skipper
Smith, C
Smith, C.W
Smith, L Smith, P Smith, T Smith, V

Smith, W
Snelling
Snow
Stallings Stancil, F Stancil, S Streat
Taylor Teague Teper Thomas Tiliman Titus Towery Trense Turnquest
Twiggs Walker, L
Walker, R.L Wall Watson
Watts Westmoreland Whitaker Wiles Williams, B Williams, J Williams, R Woods Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Ray of the 128th, Poston of the 3rd, Bordeaux of the 151st, Stanley of the 50th, Heard of the 89th, Davis of the 48th, Klein of the 39th, Yates of the 106th, Shaw of the 176th, Sinkfield of the 57th, Canty of the 52nd, Hart of the 116th, Rogers of the 20th, Stanley of the 49th, Henson of the 65th and Baker of the 70th.
They wish to be recorded as present.

Prayer was offered by the Reverend George F. Edge, Pastor, New Poplar Springs Baptist Church, Byromville, Georgia.

The members pledged allegiance to the flag.

Representative Mosley of the 171st, Secretary of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

THURSDAY, FEBRUARY 2, 1995

453

Pursuant to the Rule 58 notice served on the previous legislative day, Representative Pinholster of the 15th made a procedural motion to instruct the Committee on Industrial Relations to report the following Bill back to the House:

HB 66. By Representatives Pinholster of the 15th and Harris of the 17th:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation in general, so as to make it a felony to make any false or misleading statement for the purpose of obtaining workers' compensation benefits or payments.

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

N Ashe N Bailey N Baker
Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick
Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush NBuck N Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty N Carter N Chambless E Channell N Childers N Coker N Coleman, B N Coleman, T N Connell NCox
Crawford

Y Crews
N Culbreth N Cummings N Davis, G
Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Falls
Felton N Floyd N Godbee N Golden N Goodwin N Greene Y Grindley N Hanner
N Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree
Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins
Johnson, G N Johnson, J Y Johnston
Jones N Joyce YKaye N Kinnamon N Klein N Ladd N Lakly NLane Y Lawrence NLee N Lewis Y Lifsey N Lord N Lucas Y Maddox N Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock

N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Bandall N Randolph NRay N Reaves N Reichert
N Roberts N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

N Smith, W N Smyre N Snelling N Snow N Stallings N Stancil, F Y Stancil, S
Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts N Westmoreland Y Whitaker N White Y Wiles
Williams, B Y Williams, J N Williams, R Y Woods N Yates
Murphy, Spkr

Pursuant to Rule 58, the above vote is a procedural vote and not a vote on the merits of House Bill 66.
On the motion, the ayes were 28, nays 140.
The motion was lost.

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

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

454

JOURNAL OF THE HOUSE,

3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 536. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend Code Section 49-5-9 of the Official Code of Georgia Anno tated, relating to use of certain public and private institutions and agencies by the Department of Human Resources, so as to provide that certain facili ties operated by accredited private schools which provide care to children shall not be required to be licensed by the department.
Referred to the Committee on Education.

HB 537. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend Code Section 48-8-85 of the Official Code of Georgia Anno tated, relating to referendum elections to decide the imposition of the joint county and municipal sales and use tax, so as to change the period with respect to resubmitting the question of imposition to the voters.
Referred to the Committee on Ways & Means.

HB 538. By Representatives Stancil of the 16th, Pinholster of the 15th and Harris of the 17th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period.
Referred to the Committee on Motor Vehicles.

HB 539. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide for appointment, duties, and removal of department and agency directors; to provide for appointment, compensation, and removal of a city manager.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 540. By Representatives Williams of the 114th, Towery of the 30th and Shipp of the 38th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for definitions; to provide for the purpose and construction of the chapter; to establish standards applicable to the making of and use of rates of title insurers; to establish the requirement of filing rates.
Referred to the Committee on Insurance.

THURSDAY, FEBRUARY 2, 1995

455

HB 541. By Representative Bannister of the 77th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation purposes, so as to eliminate the use of surety bonds in lieu of deposits of securities; to provide that deposits of securities shall be adjusted to reflect changes in the membership of the fund; to increase the amount of surplus required of a fund; to eliminate the use of surety bonds to meet sur plus requirements.
Referred to the Committee on Industrial Relations.

HB 542. By Representatives Johnson of the 84th, Powell of the 23rd, Parham of the 122nd and Coleman of the 80th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to change certain licensing and registration deadlines.
Referred to the Committee on Motor Vehicles.

HB 543. By Representatives Sauder of the 29th, Shipp of the 38th, Shanahan of the 10th, Coker of the 31st and Lord of the 121st:
A bill to amend Code Section 36-36-92 of the Official Code of Georgia Anno tated, relating to procedures relative to the annexation of unincorporated islands and preclearance by the United States Justice Department, so as to extend the time period for submission to the U.S. Justice Department from 60 to 90 days.
Referred to the Committee on State Planning & Community Affairs.

HB 544. By Representatives Parrish of the 144th, Parham of the 122nd, Williams of the 114th, Skipper of the 137th and Twiggs of the 8th:
A bill to amend Article 2 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmaceutics, so as to prohibit certain gov ernment purchases of drugs from certain drug manufacturers and sellers under certain conditions.
Referred to the Committee on Health & Ecology.

HB 545. By Representatives Cox of the 160th, Coleman of the 142nd, Royal of the 164th, Hart of the 116th, Greene of the 158th and others:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for the definition and designation of essential rural providers; to provide for legislative findings and intent; to pro vide for definitions; to impose requirements for qualifications as essential rural providers.
Referred to the Committee on Insurance.

HB 546. By Representative Simpson of the 101st:
A bill to amend Code Section 31-33-3 of the Official Code of Georgia Anno tated, relating to the cost of copying and mailing a patient's records, so as to provide for the charges that may be required by the provider prior to the records being furnished to the party requesting the patient's records.
Referred to the Committee on Judiciary.

456

JOURNAL OF THE HOUSE,

HB 547. By Representatives Randolph of the 72nd, White of the 161st, Lawrence of the 64th, McKinney of the 51st, Brooks of the 54th and others:
A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change certain provisions relating to the ages for man datory education for children.
Referred to the Committee on Education.

HB 548. By Representatives Cox of the 160th, Martin of the 47th, McBee of the 88th, Royal of the 164th, Stanley of the 49th and others:
A bill to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to revise the form and contents of the final judg ment and decree of divorce with regard to child support; to provide for a written finding of the gross income of each parent and the presence or absence of special circumstances in the final verdict or decree awarding child support.
Referred to the Committee on Judiciary.

HB 549. By Representative Campbell of the 42nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for early voting; to provide for the conditions and circumstances under which a voter may vote early; to provide for defini tions; to provide for comprehensive early voting procedures and practices.
Referred to the Committee on Governmental Affairs.

HB 550. By Representatives Skipper of the 137th and Taylor of the 134th:
A bill to amend Code Section 33-8-8.3 of the Official Code of Georgia Anno tated, relating to funding of services or reduction of ad valorem taxes from the proceeds of certain insurance premium taxes, so as to provide for addi tional methods of expending such proceeds under certain conditions.
Referred to the Committee on Ways & Means.

HB 551. By Representatives Walker of the 141st, McKinney of the 51st, Stephenson of the 25th, Jamieson of the 22nd and Brooks of the 103rd:
A bill to amend Code Section 20-2-695 of the Official Code of Georgia Anno tated, relating to employment by local boards of education of attendance officers, so as to change provisions relating to the employment, use, and funding of attendance officers.
Referred to the Committee on Education.

HB 552. By Representatives Teague of the 58th, Powell of the 23rd, Yates of the 106th, Benefield of the 96th, Cummings of the 27th and others:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Anno tated, relating to riding on roadways and bicycle paths, so as to provide for exceptions to the requirement that a bicycle shall ride as near to the right side of the roadway as practicable.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 2, 1995

457

HB 553. By Representatives Walker of the 141st, Royal of the 164th, Jamieson of the 22nd, Buck of the 135th, McBee of the 88th and others:
A bill to amend Chapter 86 of Title 36 of the Official Code of Georgia Anno tated, the "Local Government Efficiency Act," so as to revise the provisions of said Act; to redefine a certain term; to provide for a local government effi ciency grant program and the use of such grants.
Referred to the Committee on State Planning & Community Affairs.

HB 554. By Representatives Brooks of the 103rd, Trense of the 44th, Harris of the 17th and Walker of the 141st:
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 jurisdic tion and authorize the juvenile court to order the payment of child support for juveniles detained after an adjudication of delinquency; to provide for consideration of the financial status or income of the parents.
Referred to the Committee on Judiciary.

HB 555. By Representatives Jamieson of the 22nd and Barnes of the 33rd:
A bill to amend Chapter 13 of Title 45 of the Official Code of Georgia Anno tated, relating to the Secretary of State, so as to provide for the licensure and regulation of professional employer organizations; to provide for a short title; to provide for definitions.
Referred to the Committee on Industry.

HB 556. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 558. By Representatives Sherrill of the 62nd, Lucas of the 124th, Davis of the 48th and Randolph of the 72nd:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to provide for disclosure by entities, facilities, programs, services, or instru mentalities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or activities for persons with a probable diagnosis of Alzheimer's disease or related disorders.
Referred to the Committee on Human Relations & Aging.

HB 559. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Ray of the 128th and James of the 140th:
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 peach as the official state fruit.
Referred to the Committee on Agriculture & Consumer Affairs.

458

JOURNAL OF THE HOUSE,

HB 560. By Representatives Mobley of the 69th, Randall of the 127th, Hegstrom of the 66th, Polak of the 67th, Hugley of the 133rd and others:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relating to torts, so as to provide for a right of action for sexual harassment; to provide for definitions; to provide for practices, procedures, and requirements relating to such right of action.
Referred to the Committee on Special Judiciary.

HB 561. By Representatives Hudson of the 156th, Godbee of the 145th, Floyd of the 138th, Cox of the 160th, Bailey of the 93rd and others:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Anno tated, relating to the election of local board of education members, so as to require that a person offering for election or holding office as a member of a local board of education must have obtained a high school diploma or gen eral education development (GED) equivalency diploma.
Referred to the Committee on Education.

HB 564. By Representative Twiggs of the 8th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to the indemnification of law enforcement offi cers, firemen, prison guards, and publicly employed emergency medical tech nicians, so as to change the provisions relating to the authority of the Department of Administrative Services as to payments from the Georgia State Indemnification Fund.
Referred to the Committee on Public Safety.

HB 565. By Representative Twiggs of the 8th:
A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for immunity for bovine professionals engaged in bovine activities.
Referred to the Committee on Judiciary.

HB 566. By Representatives Twiggs of the 8th and Lucas of the 124th:
A bill to amend Code Section 20-2-164 of the Official Code of Georgia Anno tated, relating to local fair share funds, so as to change the manner in which local fair share funds are calculated in certain circumstances.
Referred to the Committee on Education.

HB 567. By Representatives Floyd of the 138th, Royal of the 164th, Hudson of the 156th, Street of the 167th and Holland of the 157th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments; to provide for additional qualified equipment.

THURSDAY, FEBRUARY 2, 1995

459

House of Representatives Legislative Office Building, Room 401
Atlanta, Georgia 30334
February 1, 1995

Mr. Robert E. Rivers, Jr. Clerk of the House Room 309 State Capitol Atlanta, Georgia 30334
Dear Mr. Clerk,
Pursuant to Rule 52 of the House of Representatives, notice of a motion to engross House Bill 567 (LC 18 6702) is hereby made by the undersigned.
Sincerely, /s/ Johnny Floyd
Representative, District 138
Referred to the Committee on Ways & Means.

HB 568. By Representative Reichert of the 126th:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance gener ally, so as to provide for reimbursement of medical benefits paid by insurers in cases in which an injured insured person has been fully compensated for all economic and noneconomic damages.
Referred to the Committee on Judiciary.

HB 569. By Representative Reichert of the 126th:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses generally, so as to change the provisions relating to the admissibility and examination of experts.
Referred to the Committee on Judiciary.

HB 570. By Representatives Lucas of the 124th, Sinkfield of the 57th and Martin of the 47th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for a tax credit for employers who employ AFDC recipients; to pro vide for conditions and procedures regarding such credits; to provide for automatic repeal; 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 a subsidized employment demonstration "Jobs First Program".
Referred to the Committee on Human Relations & Aging.

460

JOURNAL OF THE HOUSE,

HB 571. By Representatives Greene of the 158th, Bostick of the 165th and Powell of the 23rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, and to amend Chapter 10 of Title 48 of the Official Code of Geor gia Annotated, relating to motor vehicle license fees and plates, so as to pro vide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property.
Referred to the Committee on Motor Vehicles.

HB 572. By Representative Burkhalter of the 41st:
A bill to amend Code Section 31-7-95 of the Official Code of Georgia Anno tated, relating to state grants to teaching hospitals, so as to prohibit such hospitals and their clinics from providing medical care to certain illegal aliens except under specified conditions.
Referred to the Committee on Health & Ecology.

HR 231. By Representatives Simpson of the 101st and Stallings of the 100th:
A resolution authorizing the conveyance of certain state owned real property located in Carroll County to the Carroll County Board of Education and the acceptance of certain real property owned by the Carroll County Board of Education located in Carroll County in consideration therefor.
Referred to the Committee on State Institutions & Property.

HR 232. By Representative Barnard of the 154th:
A resolution authorizing conveyance of certain state-owned real property located in Tattnall County.
Referred to the Committee on State Institutions & Property.

HR 233. By Representative Streat of the 167th: A resolution designating the Private Lucy Matilda Gauss Bridge.
Referred to the Committee on Transportation.

HR 234. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Barrow County.
Referred to the Committee on State Institutions & Property.

HR 237. By Representatives Irvin of the 45th, Ehrhart of the 36th, Evans of the 28th, Pinholster of the 15th, Mueller of the 152nd and others:
A resolution proposing an amendment to the Constitution so as to prohibit supplementary appropriations Acts and the amendment of any previously enacted general appropriations Act in any manner which increases expendi tures except for certain appropriations to provide funds to education and except for emergencies.
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 2, 1995

461

HR 239. By Representatives Porter of the 143rd, Hanner of the 159th, Barfoot of the 155th, James of the 140th, Bailey of the 93rd and others:
A resolution creating the House Fire Ant Study Committee.
Referred to the Committee on Natural Resources & Environment.

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

HB 520 HB 521 HB 522 HB 523 HB 524 HB 525

HB 557 HB 562 HB 563 HR 211 HR 212 SB 34

HHBB S52i8 HB 529 HB 530 HB 531 HB 532 HB 533 HB 534 HB 535

H SB 37 SB 66 ktJ 162 SB 166 SB 167 SB 176 SB 177 SB 197

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 63 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 262 Do Pass HB 281 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

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

462

JOURNAL OF THE HOUSE,

Mr. Speaker:

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

HB 219 Do Pass HB 269 Do Pass HB 321 Do Pass HB 323 Do Pass

HB 326 Do Pass, by Substitute HB 332 Do Pass, by Substitute HB 335 Do Pass, by Substitute

Respectfully submitted, M Watson of the 139th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 217 Do Pass, by Substitute HB 221 Do Pass, by Substitute
Respectfully submitted, /a/ Chambless of the 163rd
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 260 Do Pass, by Substitute HB 271 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 146th
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 389 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

THURSDAY, FEBRUARY 2, 1995

463

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

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

HB 116 Do Pass HB 314 Do Pass, by Substitute HB 377 Do Pass

HB 444 Do Pass, as Amended HB 513 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 191 Do Pass HR 192 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 72 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Royal of the 164th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 497 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted, /a/ Royal of the 164th
Chairman

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

HB 497. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to provide that a person serving as a deputy sheriff of Charlton County shall not be disqualified from election to and service as a member of the Board of Education of Charlton County, if such person is otherwise qualified for election to such office.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed.

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

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

HB 210. By Representative Hudson of the 156th:
A bill to amend an Act creating the board of commissioners of Irwin County, so as to change provisions relating to the salary of the chairman of the board of commissioners.

HB 294. By Representative Brooks of the 103rd:
A bill to amend an Act providing for the election of members of the board of education of Heard County, so as to provide for nonpartisan primaries and elections for members of the board of education of Heard County.

HB 317. By Representatives Skipper of the 137th and Smith of the 109th:
A bill to amend an Act reconstituting the Board of Education of Talbot County and providing for its powers, duties, rights, obligations, and liabili ties, so as to provide for the compensation of members of the board of educa tion.

HB 322. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend an Act providing for the Clarke County School District, so as to change the compensation and expenses of the members of the Board of Education of Clarke County.

THURSDAY, FEBRUARY 2, 1995

465

HB 370. By Representatives Polak of the 67th, Henson of the 65th, Baker of the 70th and others:
A bill to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," so as to change the adjusted ad valorem tax millage rate for district services for each special district.

HB 371. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act making provisions for the judge of the Probate Court of Decatur County, so as to provide for the nonpartisan election of the judge of the probate court without a prior nonpartisan primary.

HB 372. 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 compensation of the chairperson and members of said board.

HB 373. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Decatur County, so as to provide for the nonpartisan election of the members of the board of education without a prior nonpartisan primary.

SB 93. By Senators Oliver of the 42nd and Ralston of the 51st:
A bill to amend Code Section 37-3-90 of the O.C.G.A., relating to determina tion and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, so as to change the requirements for determining whether a person needs involuntary outpatient care or involun tary inpatient care for mental illness.

SB 116. By Senators Hooks of the 14th, Taylor of the 12th, Bowen of the 13th and others:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair trade practices, so as to provide for additional civil penalties and civil remedies for violations com mitted in connection with the sale of suppplies for or repair of structures damaged in natural disasters; to define terms; to prescribe activities covered.

SB 199. By Senators Crotts of the 17th, Guhl of the 45th and Farrow of the 54th:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide that the executive director of the Georgia Firefighter Standards and Training Council shall assume certain duties previously carried out by the superintendent of the Georgia Fire Acad emy; to change certain definitions; to change the provisions relating to notifi cation that an organization meets the requirements of a fire department.

466

JOURNAL OF THE HOUSE,

SB 206. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Depart ment of Public Safety, so as to authorize the commissioner of public safety to promulgate rules and regulations as necessary to carry out his or her offi cial duties.

SB 30. By Senators Oliver of the 42nd, Farrow of the 54th, Ray of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allega tion of a designated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court proceedings.

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

SB 30. By Senators Oliver of the 42nd, Farrow of the 54th, Ray of the 19th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for the admission of the general public to adjudicatory hearings involving an allega tion of a designated felony, an allegation of delinquency of a child who has previously been adjudicated delinquent, and, at the court's discretion, other juvenile court proceedings.
Referred to the Committee on Judiciary.

SB 93. By Senators Oliver of the 42nd and Ralston of the 51st:
A bill to amend Code Section 37-3-90 of the O.C.G.A., relating to determina tion and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, so as to change the requirements for determining whether a person needs involuntary outpatient care or involun tary inpatient care for mental illness.
Referred to the Committee on Health & Ecology.

SB 116. By Senators Hooks of the 14th, Taylor of the 12th, Bowen of the 13th and others:
A bill to amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair trade practices, so as to provide for additional civil penalties and civil remedies for violations com mitted in connection with the sale of suppplies for or repair of structures damaged in natural disasters; to define terms; to prescribe activities covered.
Referred to the Committee on Industry.

THURSDAY, FEBRUARY 2, 1995

467

SB 199. By Senators Crotts of the 17th, Guhl of the 45th and Farrow of the 54th:
A bill to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to provide that the executive director of the Georgia Firefighter Standards and Training Council shall assume certain duties previously carried out by the superintendent of the Georgia Fire Acad emy; to change certain definitions; to change the provisions relating to notifi cation that an organization meets the requirements of a fire department.
Referred to the Committee on Public Safety.

SB 206. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Depart ment of Public Safety, so as to authorize the commissioner of public safety to promulgate rules and regulations as necessary to carry out his or her offi cial duties.
Referred to the Committee on Public Safety.

By unanimous consent, the following Bill of the House was recommitted to the Com mittee on Public Safety:

HB 513. By Representatives Watts of the 26th, Jenkins of the 110th, Lane of the 146th, Watson of the 139th, Carter of the 166th 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 handgun.

The following Resolution of the House was read:

HR 238. By Representatives Murphy of the 18th, Lee of the 94th, Walker of the 141st, Connell of the 115th, Stephenson of the 25th and others:
A resolution authorizing a joint session of the Senate and the House of Rep resentatives for the purpose of hearing an address by the Honorable Newt L. Gingrich, Speaker of the United States House of Representatives; inviting Speaker Gingrich to address such a joint session.

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

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

Brown, G Y Brown, J
Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carter
Chambless
E Channel!
Y Childers Y Coker Y Coleman, B

Y Coleman, T Y Connell Y Cox
Crawford Y Crews Y Culbreth
Cummings Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G
Y Dix
Y Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner
Y Harbin
Y Harris Hart
Y Heard

Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson
Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston

468

JOURNAL OF THE HOUSE,

Y Jones Y Joyce
Kaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton

McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock Par ham
Y Parrish Parsons
Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B

Randall Y Randolph
YRay Reaves
Y Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling YSnow Y Stallings 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 Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution was adopted.

Representatives Brush of the 112th and Parsons of the 40th stated that they had been called from the floor of the House during the preceding roll call. They wished to he recorded as voting "aye" thereon.

Representative Watson of the 139th arose to a point of personal privilege and addressed the House.

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

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

HB 484. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-70 of the Official Code of Georgia Anno tated, relating to eligibility and application for retirement in the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the time for vesting.

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 Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D

Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers

Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawlord
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix

Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner

Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Y Hugley Y Irvin Y James

THURSDAY, FEBRUARY 2, 1995

469

Y Jamieson Y Jenkins Y Johnson, G
Y Johnson, J
Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann

Martin Y McBee Y McCall Y McClinton
McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock
Y Parham
Y Parrish
Y Parsons
Y Pelote
Y Perry
N Pinholster 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 Rogers Y Royal
Y Sanders Y Sauder
Y Scoggins Shanahan
YShaw Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper

Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling YSnow Y Stalling Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Y Stephenson
Y Streat Y Taylor Y Teague Y Teper Y Thomas

Y Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Walker, L
Y Walker, R.L Y Wall Y Watson Y Watts
Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 483. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71.1 of the Official Code of Georgia Annotated, relating to spouses' benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to redefine a certain term; to pro vide conditions for an 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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benei'ield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G
Y Brown, J Y Brush YBuck Y Buckner Y Bunn
Y Burkhalter
YByrd
Y Campbell
Y Canty
Y Carter
YChambless E Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T

Y Connell
YCox
Y Crawford
Y Crews Y Culbreth
Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart Y Epps Y Evans
Falls Y Felton
Floyd Y God bee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart
Y Heard
Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley
Y Irvin Y James
Jamieson Y Jenkins
Y Johnson, G
Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Y Kinnamon Y Klein YLadd Y Lakly YLane
Y Lawrence
YLee Y Lewis
Y Lifsey YLord
Lucas
Y Maddox YMann
Martin Y McBee Y McCall

Y McClinton McKinney
Y Mills Y Mobley, B
Y Mobley, J Y Mosley
Y Mueller Y O'Neal
Y Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins
Y Shanahan

YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling YSnow Y Stallings 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

470

JOURNAL OF THE HOUSE,

Y Walker, L Y Walker, R.L
Y Wall

Watson Y Watts Y Westmoreland

Y Whitaker White
Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Y Woods Yates Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 485. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-71 of the Official Code of Georgia Anno tated, relating to the amount of benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to restrict a certain retirement option to certain members.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfbot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris
Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Hugley Y Irvin '
Y James Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham
Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre Snelling
Y Snow Y Stallings 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 Walker, L
Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
Whitaker White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 425. By Representatives Chambless of the 163rd, Bostick of the 165th, Cox of the 160th and Barnes of the 33rd:
A bill to amend Code Section 13-6-15 of the Official Code of Georgia Anno tated, relating to damages for writing bad checks, so as to change the amount of service charge which may be recovered on a bad check; to change the notice provisions; to amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, so as to change the provisions relating to costs of bringing a complaint.

THURSDAY, FEBRUARY 2, 1995

471

The following substitute, offered by Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd, was read and adopted:

A BILL
To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, so as to change the provisions relating to costs of bringing a complaint; to change the amount of the service charge or bad instrument charge which may be collected if an instrument is not paid or is dishonored; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to the crime of deposit account fraud, is amended by striking in its entirety paragraph (4) of subsection (b) and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) Upon conviction of a first or any subsequent offense under this subsection or sub section (c) of this Code section, in addition to any other punishment provided by this Code section, the defendant shall be required to make restitution of the amount of the instrument, together with all costs of bringing a complaint under this Code sec tion. Costs shall be presumed te be $20.00, inclusive ef warrant e* citation application iee ftiict ceptiiicd Of registered IHQII letter tec, provided tnflt tft^ psi*ty cftusin^ tne CHWIIHQI wflrfcint of citfltion TO issue moy present competent evidence of costs iw excess ef $20.00 as the court considers the assessment ef costs, determined by the court from competent evidence of costs provided by the party causing the criminal warrant or citation to issue; provided, however, that the minimum costs shall not be less than $25.00. Restitution may be made while the defendant is serving a probated or suspended sentence."
SECTION 2. Said Code section is further amended by striking subsection (j) in its entirety and insert ing in lieu thereof a new subsection (j) to read as follows:
"(j) For purposes of this Code section, no service charge or bad instrument charge shall exceed $20.00 $25.00 or 5 percent of the face amount of the instrument, whichever is greater."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashc Y Bailey Y Baker Y Bannister Y Barfoot Y Bargerun
Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G

Y Brown, J Brush
YBuck Buckner
Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers
Y Coker Y Coleman, B Y Coleman, T Y Connell

YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans

Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson

Y Holland
Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein

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JOURNAL OF THE HOUSE,

Y Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddux Y Mann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J

Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P

Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephensun Y Streat Y Taylor
Teague Teper N Thomas Y Tillman
Y Titus

Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 161, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 81. By Representatives Cox of the 160th, Ashe of the 46th, Porter of the 143rd, Martin of the 47th, Orrock of the 56th and others:
A resolution authorizing the State Properties Commission, acting for and on behalf of the State of Georgia, the Secretary of State, and its Department of Archives and History, to enter into a rental agreement, as that term is defined in paragraph (9) of Code Section 50-16-31 of the Official Code of Georgia Annotated, concerning certain state owned improved real property located within the City of Atlanta, Fulton County, Georgia.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HR 81 by striking in its entirety line 7 of page 2 and inserting in lieu thereof the following:
"after the execution of such agreement; and".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 109, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 39. By Representatives Royal of the 164th, Buck of the 135th and Murphy of the 18th:
A bill to amend Code Section 48-9-9 of the Official Code of Georgia Anno tated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to authorize the delivery of motor fuel from a transport truck or vessel directly into the fuel tank of certain motor vehicles.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-9-9 of the Official Code of Georgia Annotated, relating to reports of motor fuel deliveries and restrictions on delivery, so as to authorize the delivery

THURSDAY, FEBRUARY 2, 1995

473

of motor fuel from a tankwagon or tandem thereof directly into the fuel tank of certain motor vehicles; to provide for conditions and limitations; 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 48-9-9 of the Official Code of Georgia Annotated, relating to reports of motor fuel deliveries and restrictions on delivery, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows:
"(e) (1) Except as otherwise provided in paragraph (2) of this subsection, delivery Delivery of motor fuel from a transport tank truck or vessel directly into the fuel tank of any motor vehicle in this state is prohibited except in cases of emergency. (2) Delivery of motor fuel from a tankwagon or tandem thereof directly into the fuel tank of a motor vehicle in this state is authorized if:
(A) The motor vehicle is part of a commercial fleet of five or more motor vehicles owned or operated by a person, firm, or corporation doing business in this state; and (B) Such tankwagon or tandem thereof is equipped with meters or totalizers which can account accurately for such delivery."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barioot Y Bargeron Y Barnard Y Barnes Y Bates Y Benetield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Buckner Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart
YEpps Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrum Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Parrish
Y Parsons Pelote
Y Perry
Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.VV Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Srnyre
Y Snelling YSnow
Y Stalling 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 Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

474

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Pelote of the 149th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.

HB 38. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th, Skipper of the 137th, Culbreth of the 132nd and others:
A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Anno tated, relating to income taxes, so as to change the method of allocation and apportionment of corporate net income of certain corporations for state and local income tax purposes.

Pursuant to Rule 134, Representative Snelling of the 99th was excused from voting on HB 38.

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless
E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawtord

Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnstun Y Jones Y Joyce NKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill
Y Shipp Y Simpson Y Sinktield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre Snelling
Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 169, nays 2. The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 2, 1995

475

HR 174. By Representatives Reaves of the 178th and Golden of the 177th:
A resolution authorizing the conveyance of an easement of access to certain state owned real property located in Brooks County.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawt'ord

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin
Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinklield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow
Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 171, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 375. By Representatives Williams of the 114th and Culbreth of the 132nd:
A bill to amend Chapter 22 of Title 33 of the Official Code of Georgia Anno tated, known as the "Insurance Premium Finance Company Act," so as to 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.

The following amendment was read and adopted:
Representative Williams of the 114th moves to amend HB 375 by adding on line 3 of page 1 after the word "allow" and before the word "a" the following:
"an additional premium to a policy or".

476

JOURNAL OF THE HOUSE,

By adding on line 36 of page 2 after the comma and before the word "a" the following:
"an additional premium to such policy or". By striking on line 37 of page 5 the word "cancellation" and inserting in lieu thereof the following:
"the action taken".

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benei'ield
Birdsong Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G
Y Brown, J Y Brush YBuck
Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers
Y Coker
Y Coleman, B
Y Coleman, T Y Connell YCox Y Crawtbrd

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Lucas
Y Maddox
YMann Y Martin Y McBee Y McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W
Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 170, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Resolutions of the House were read and adopted:

HR 244. By Representatives Dixon of the 150th, Pelote of the 149th, Bordeaux of the 151st, Mueller of the 152nd, Thomas of the 148th and others:
A resolution commending Arthur A. (Don) Mendonsa.

HR 245. By Representative McCall of the 90th: A resolution commending Honorable Charles W. Yeargin.

THURSDAY, FEBRUARY 2, 1995

477

HR 246. By Representatives Simpson of the 101st and Stallings of the 100th: A resolution commending Dr. Donald Theodore Wells.

HR 247. By Representative Thomas of the 148th: A resolution commending Mr. Charles Mills.

HR 248. By Representative Smith of the 102nd:
A resolution expressing sympathy at the passing of Honorable Thomas B. Perkins.

HR 249. By Representative Mobley of the 86th: A resolution commending Doug Garrison.

HR 250. By Representatives Sherrill of the 62nd, Davis of the 48th, Lucas of the 124th, Randolph of the 72nd, Scoggins of the 24th and others:
A resolution commending the members of the Silver-Haired Legislature.

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.

478

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 3, 1995

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
Baker Barfoot
Bargeron
Barnard Barnes Benefield
Birdsong Breedlove Brooks, T Brown, G
Brown, J Brush Buck Bunn Burkhalter Campbell Canty Carter Childers Coker Coleman, B
Coleman, T Connell Cox
Crawford
Crews Culbreth
Cummings
Davis, M
Day DeLoach, B DeLoach, G

Dix Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Falls Felton Godbee Golden Goodwin Greene Grindley Manner Harbin Harris Hart Heard Heckstall
Hegstrom
Hembree
Henson Holland Holmes Howard Hudson Hugley Irvin
James
Jamieson
Jenkins

Johnson, G Johnson, J Johnston Jones Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Maddox Mann McBee McCall McClinton McKinney
Mills
Mobley, B
Mobley, J Mosley Mueller O'Neal
Orrock
Parham
Parrish
Parsons
Pelote
Perry

Pinholster Polak Porter Poston Powell Purcell, A Purcell, B Randolph Ray Reaves Reichert Roberts Rogers Royal Sanders Sauder Shanahan Shaw Sherrill Shipp
Simpson Sinkfield Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Smith, W
Snelling
Snow

Stallings Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teague Teper Thomas
Tillman
Titus
Towery
Trense
Turnquest
Twiggs Walker, L Walker, R.L Wall Watson Watts
Westmorland Whitaker
White Wiles Williams, B Williams, J Williams, R Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Floyd of the 138th, Davis of the 48th, Bailey of the 93rd, Brooks of the 103rd, Bordeaux of the 151st, Chambless of the 163rd, Byrd of the 170th, Lord of the 121st, Lucas of the 124th and Smyre of the 136th.
They wish to be recorded as present.

Prayer was offered by the Reverend Milton L. Wood, Pastor, First Baptist Church of Social Circle, Social Circle, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

FRIDAY, FEBRUARY 3, 1995

479

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

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

HB 573. By Representatives Johnson of the 97th, Bannister of the 77th, Towery of the 30th, Powell of the 23rd, Westmoreland of the 104th and others:
A bill to amend Chapter 80 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties, municipal corpo rations, and other governmental entities, so as to provide for the protection and preservation of monuments, memorials, artifacts, museums, and other facilities and property of counties, municipal corporations, local school boards, and other local government entities which commemorate the history and heritage of the Civil War era.
Referred to the Committee on State Planning & Community Affairs.

HB 574. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for additional duties of the city manager; to change the manner and method of filling vacancies in the office of mayor or councilmember.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 575. By Representative Hudson of the 156th:
A bill to amend an Act creating the Board of Commissioners of Ben Hill County, so as to change the compensation of the chairperson and commis sioners of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 576. By Representatives Dobbs of the 92nd, Lane of the 146th, Barfoot of the 155th, Godbee of the 145th, Bargeron of the 120th and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission.
Referred to the Committee on State Institutions & Property.

480

JOURNAL OF THE HOUSE,

HB 577. By Representatives Williams of the 114th, Parham of the 122nd, O'Neal of the 75th, Shipp of the 38th and Henson of the 65th:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Anno tated, relating to definitions with regard to state health planning and devel opment, so as to revise the definition of clinical health services.
Referred to the Committee on Health & Ecology.

HB 578. By Representatives Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change provisions relating to the state auditor's annual report of salaries and expenses of per sonnel of state government entities.
Referred to the Committee on Appropriations.

HB 579. By Representatives Lane of the 146th, Dobbs of the 92nd and Barnes of the 33rd:
A bill to amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to define the term self-insurer to include a county or municipal hospital authority; to delete references to the term of office of the chairman of the board of trustees; to revise provisions relative to the assessment of partici pants.
Referred to the Committee on Industrial Relations.

HB 580. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th, Cox of the 160th, Towery of the 30th and others:
A bill to amend Code Section 15-10-50 of the Official Code of Georgia Anno tated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that when the judgment exceeds a specified amount the judgment creditor may utilize certain discov ery procedures under the Civil Practice Act.
Referred to the Committee on Judiciary.

HB 581. By Representatives Walker of the 141st, Lee of the 94th, Coleman of the 142nd, Murphy of the 18th, Towery of the 30th and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide for changes in the statutory rates for legal advertising.
Referred to the Committee on Rules.

HB 582. By Representative Dixon of the 168th:
A bill to amend Code Section 40-5-83 of the Official Code of Georgia Anno tated, relating to establishment and approval of DUI alcohol and drug use risk reduction programs and driver improvement clinics, so as to provide that certain satellite programs shall be exempted from certain program rules issued by the Department of Human Resources.
Referred to the Committee on Motor Vehicles.

FRIDAY, FEBRUARY 3, 1995

481

HB 583. By Representative Dixon of the 168th:
A bill to amend Article 1 of Chapter 9 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages by passenger carriers and nonprofit organizations, so as to authorize the commissioner of revenue to grant temporary permits for the sale of alcoholic beverages for consumption on the premises only of a designated site of an officially sanc tioned Olympic event.
Referred to the Committee on Regulated Beverages.
HB 584. By Representative Carter of the 166th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Anno tated, relating to ownership and custody of wildlife and the privilege of hunt ing, trapping, or fishing in this state, so as to provide that three incidents of violation of certain provisions of Title 27 of the Official Code of Georgia Annotated, relating to game and fish, will result in suspension of the violator's hunting, trapping, and fishing privileges.
Referred to the Committee on Game, Fish & Parks.
HB 585. By Representatives Thomas of the 148th and Pelote of the 149th:
A bill to amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to liability of owners and occupiers of land gen erally, so as to provide that the owner of any rental dwelling shall be liable for all necessary expenses incurred in treating the effects of lead poisoning in any child residing in such dwelling if it is determined that such lead poi soning is the result of exposure to lead-based paint or other lead hazard in such dwelling.
Referred to the Committee on Special Judiciary.
HB 586. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Code Section 47-3-85 of the Official Code of Georgia Anno tated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Geor gia who withdrew contributions from such system, so as to provide that such members who withdrew contributions more than three times may establish service under certain conditions.
Referred to the Committee on Retirement.
HB 587. By Representatives Smith of the 12th, Scoggins of the 24th, Hudson of the 156th, Shanahan of the 10th and Stancil of the 16th:
A bill to amend Article 6 of Chapter 6 of Title 49 of the Official Code of Georgia Annotated, the "Georgia Family Caregiver Support Act," so as to provide for an in-home care demonstration grant program.
Referred to the Committee on Human Relations & Aging.

HB 588. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-90 of the Official Code of Georgia Anno tated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such cred itable service and the payment required for such creditable service.
Referred to the Committee on Retirement.

482

JOURNAL OF THE HOUSE,

HB 589. By Representatives Cummings of the 27th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain public retirement systems shall not be subject to the terms, condi tions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their invest ments.
Referred to the Committee on Retirement.

HB 590. By Representative Cummings of the 27th:
A bill to amend Chapter 1 of Title 47 of the Official Code of Georgia Anno tated, relating to general provisions relative to retirement and pensions, so as to provide that veterans returning to public employment from certain mil itary service shall be entitled to establish service creditable toward retire ment for such military service.
Referred to the Committee on Retirement.

HB 591. By Representatives Cummings of the 27th and Baker of the 70th:
A bill to amend Code Section 47-2-334 of the Official Code of Georgia Anno tated, relating to service retirement benefits, employee contributions, and related matters relative to members of the Employees' Retirement System of Georgia who became members on or after July 1, 1982, so as to provide that membership service may include certain prior service as a member of such retirement system.
Referred to the Committee on Retirement.

HB 592. By Representatives Cummings of the 27th, Shanahan of the 10th and Baker of the 70th:
A bill to amend Code Section 47-13-70 of the Official Code of Georgia Anno tated, relating to eligibility for retirement benefits under the District Attor neys' Retirement System, so as to clarify the amount of retirement benefits for certain members.
Referred to the Committee on Retirement.

HB 593. By Representative Cummings of the 27th:
A bill to amend Code Section 47-7-1 of the Official Code of Georgia Anno tated, relating to definitions relative to the Georgia Firemen's Pension Fund, so as to change a certain definition.
Referred to the Committee on Retirement.

HB 594. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Ray of the 128th, 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 state symbols, so as to designate Georgia as the Poultry Capital of the World.
Referred to the Committee on Agriculture & Consumer Affairs.

FRIDAY, FEBRUARY 3, 1995

483

HR 240. By Representative Jones of the 71st:
A resolution urging Congress to impose a national sales tax to replace the federal individual income tax.
Referred to the Committee on Ways & Means.

HR 241. By Representative Wiles of the 34th:
A resolution proposing an amendment to the Constitution so as to limit members of the General Assembly to four consecutive terms.
Referred to the Committee on Governmental Affairs.

HR 242. By Representatives Hudson of the 156th, Walker of the 141st, Reaves of the 178th, Floyd of the 138th, Cox of the 160th and others:
A resolution creating the Georgia Agricultural Exposition Center Horse Rac ing Facility Study Committee.
Referred to the Committee on Rules.

HR 243. By Representatives Holmes of the 53rd, White of the 161st, McKinney of the 51st, Sinkfield of the 57th, Lucas of the 124th and others:
A resolution authorizing and directing the Department of Audits and Accounts to conduct a state-wide economic parity assessment study and pro viding for powers, duties, and authority in connection therewith.
Referred to the Committee on Appropriations.

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

HB 596. By Representatives Lane of the 146th, Kinnamon of the 4th, Dobbs of the 92nd, Lewis of the 14th, Mann of the 5th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide guidelines and lim its on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and mis leading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.
Referred to the Committee on Industrial Relations.

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

HB 536 HB 537 HB 538 HB 539 HB 540 HB 541 HB 542 HB 543 HB 544 HB 545

HB 546 HB 547 HB 548 HB 549 HB 550 HB 551 HB 552 HB 553 HB 554 HB 555

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HB 556 HB 558 HB 559 HB 560 HB 561
HtHiRBa 25566S56 HB 568 HB 569 HB 570 HB 571 HB 572

HR 231 HR 232 HR 233 HR 234 HR 237
HTM "R 23~,,9,, SB 93 SB 116 SB 199 SB 206 HB 567

Pursuant to Rule 52, Representative Floyd of the 138th moved that the following Bill of the House be engrossed:

HB 567. By Representatives Floyd of the 138th, Royal of the 164th, Hudson of the 156th, Street of the 167th and Holland of the 157th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments; to provide for additional qualified equipment.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 355 Do Pass HB 423 Do Pass
Respectfully submitted, Is/ Holmes of the 53rd
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 261 Do Pass, as Amended
Respectfully submitted, /a/ Lane of the 146th
Chairman

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485

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 23 Do Pass SB 45 Do Pass
Respectfully submitted, /a/ Lord of the 121st
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 194 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 525 Do Pass HB 527 Do Pass HB 535 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 189 Do Pass HR 195 Do Pass, by Substitute

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Respectfully submitted, /a/ Benefield of the 96th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 228 Do Pass, by Substitute HB 287 Do Pass, by Substitute
Respectfully submitted, /s/ Smyre of the 136th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 108 Do Pass HB 161 Do Pass, by Substitute HB 441 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HB 525. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for the membership of the authority, including ex officio and appointed members, and their term of tenure and compensation; to confer powers and duties upon the authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 527. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lamar County.

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487

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

HB 535. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 248. By Senator Hooks of the 14th:
A bill to amend an Act creating a new charter for the City of Byron, as amended, so as to change the corporate limits of the city by the addition of certain territory.

HB 427. By Representative Birdsong of the 123rd:
A bill to amend an Act providing for a new charter for the City of Gordon, so as to change the powers of the judge of the municipal court.

HB 412. By Representative Smith of the 102nd:
A bill to authorize the imposition, collection, and disposition of county law library fees as a part of the court costs in the Magistrate Court of Harris County.

SB 22. By Senators Isakson of the 21st, Edge of the 28th, Balfour of the 9th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to state personnel administration, so as to provide that any applicant for state employment who is accepted for employment shall submit to an established test for illegal drugs; to provide that any accepted applicant who refuses to submit to a test or who shows a positive result from such test shall be disqualified from state employment; to define terms.

SB 31. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Clay of the 37th, Stokes of the 43rd and others:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 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 or guardian shall be invited for a school visit and requested to attend a conference.

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SB 47. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment of high school students in postsecondary courses, so as to change the definition of the term "eligible institution" or "institution"; to thereby change the types of institutions in which such high school students may so enroll.

SB 52. By Senators Langford of the 29th, Madden of the 47th, Hill of the 4th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that the state board shall add to the list of approved books and aids any book or aid requested by at least five local superintendents or at least 20 teachers teach ing related subjects.

SB 54. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs and charter schools, so as to substantially change provisions relating to charter schools; to change the period of time for which performance based school contract charters shall remain in effect; to provide requirements for opera tion of charter schools; to change the period of time for which charters may be renewed.

SB 132. By Senator Broun of the 46th:
A bill to amend Code Section 36-62-5 of the Official Code of Georgia Anno tated, relating to directors of development authorities, so as to eliminate the prohibition against directors being officers or employees of a county or municipal corporation.

SB 73. By Senators Abernathy of the 38th, Johnson of the 2nd, Scott of the 36th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participa tion in state contracts; to provide for legislative findings; to provide defini tions; to provide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the designation of liaison officers.

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

SR 1. By Senators Glanton of the 34th, Gochenour of the 27th, Starr of the 44th and others:
A resolution creating the Georgia Sovereignty Resolution of 1995 and claim ing sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.

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489

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

SB 22. By Senators Isakson of the 21st, Edge of the 28th, Balfour of the 9th and others:
A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Anno tated, relating to state personnel administration, so as to provide that any applicant for state employment who is accepted for employment shall submit to an established test for illegal drugs; to provide that any accepted applicant who refuses to submit to a test or who shows a positive result from such test shall be disqualified from state employment; to define terms.
Referred to the Committee on Governmental Affairs.

SB 31. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th and others:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to 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 or guardian shall be invited for a school visit and requested to attend a conference.
Referred to the Committee on Education.

SB 47. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment of high school students in postsecondary courses, so as to change the definition of the term "eligible institution" or "institution"; to thereby change the types of institutions in which such high school students may so enroll.
Referred to the Committee on University System of Georgia.

SB 52. By Senators Langford of the 29th, Madden of the 47th, Hill of the 4th and others:
A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that the state board shall add to the list of approved books and aids any book or aid requested by at least five local superintendents or at least 20 teachers teach ing related subjects.
Referred to the Committee on Education.

SB 54. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs and charter schools, so as to substantially change provisions relating to charter schools; to change the period of time for which performance based school contract charters shall remain in effect; to provide requirements for opera tion of charter schools; to change the period of time for which charters may be renewed.
Referred to the Committee on Education.

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SB 73. By Senators Abernathy of the 38th, Johnson of the 2nd, Scott of the 36th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for minority owned business participa tion in state contracts; to provide for legislative findings; to provide defini tions; to provide for statements encouraging minority participation in all bid documents; to provide for advertisement of procurement opportunities; to provide for the designation of liaison officers.
Referred to the Committee on State Planning & Community Affairs.

SB 132. By Senator Broun of the 46th:
A bill to amend Code Section 36-62-5 of the Official Code of Georgia Anno tated, relating to directors of development authorities, so as to eliminate the prohibition against directors being officers or employees of a county or municipal corporation.
Referred to the Committee on State Planning & Community Affairs.

SB 248. By Senator Hooks of the 14th:
A bill to amend an Act creating a new charter for the City of Byron, as amended, so as to change the corporate limits of the city by the addition of certain territory.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 1. By Senators Glanton of the 34th, Gochenour of the 27th, Starr of the 44th and others:
A resolution creating the Georgia Sovereignty Resolution of 1995 and claim ing sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.
Referred to the Committee on Judiciary.

By unanimous consent, the following Bill of the House was taken from the table and placed back on the General Calendar:

HB 111. By Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th, Grindley of the 35th, Snelling of the 99th and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a can didate at the ensuing general election.
Representative Maddox of the 108th arose to a point of personal privilege and addressed the House.
The following Resolutions of the House, favorably reported by the Committee on Rules, were read and adopted:

HR 191. By Representative Floyd of the 138th:
A resolution recognizing the Cordele-Crisp County Fish Fry and commending Mr. Don Tucker, Ms. Jan Odom, Mr. J.R. Dowdy, Mr. Zack Wade, and Ms. Ovis Stephens and inviting them to appear and be recognized before the House of Representatives.

FRIDAY, FEBRUARY 3, 1995

491

HR 192. By Representatives Mosley of the 171st, Byrd of the 170th and Hudson of the 156th:
A resolution commending Joe Colon, Jr., and inviting him to appear before the House of Representatives.

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

HB 345. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to provide for the creation of regional jail authorities.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for the creation of regional jail authorities; to provide for a short title; to provide for a statement of authority; to provide that such authorities are created for public purposes; to provide for exemption of such authorities and the property and purchases thereof from taxation; to provide for a statement of policy; to provide for defini tions; to provide for the creation of authorities; to provide for boards of directors; to pro vide for operation of jails; to provide for management committees; to provide for quorums; to provide for voting requirements; to provide for purposes, powers, and duties of such authorities; to provide for limitation on liability of members, officers, or employees of such authorities; to provide for bonds or other obligations and practices, procedures, require ments, and limitations connected therewith; to provide for construction; to provide for withdrawal from such an authority; to provide that the construction, operation, and main tenance of county jails shall not be prohibited; to provide for other matters relating to regional jail authorities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
42-4-90. This article shall be known and may be cited as the 'Regional Jail Authorities Act.'
42-4-91. (a) This article is enacted pursuant to authority granted to the General Assembly by the Constitution of Georgia. Each authority created by this article is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of each such authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of this state and that the authority is an institution of purely pub lic charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this article. For such reasons, the state covenants from time to time with the holders of the bonds issued under this article that such authority shall be required to pay no taxes or assessments imposed by the state or any of its coun ties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or

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leased by it to others; or upon its activities in the operation or maintenance of any such property; or upon any rentals, charges, purchase price, installments, or otherwise; and that the bonds of such authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this Code section shall include exemption from sales and use tax on property purchased by the authority or for use by the authority. (b) It is the express policy of the State of Georgia that any authority created by this article shall be authorized to enter into agreements with any county for the purpose of building, owning, and operating a jail facility for the county.
42-4-92.
As used in this article, the term: (1) 'Authority' means each public body corporate and politic created pursuant to this article. (2) 'Cost of project' means all costs of site preparation and other start-up costs; all costs of construction; all costs of real and personal property required for the purposes of the jail facilities related thereto, including land and any rights or undivided interest therein, easements, franchises, fees, permits, approvals, licenses, and certificates and the securing of such permits, approvals, licenses, and certificates and all machinery and equipment, including motor vehicles which are used for jail functions; financing charges and interest prior to and during construction and during such additional period as the authority may reasonably determine to be necessary for the placing of the jail in operation; costs of engineering, architectural, and legal services; cost of plans and specifications and all expenses necessary or incident to determining the fea sibility or practicability of the jail; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized in this article. The costs of any jail may also include funds for the creation of a debt service reserve, a renewal and replacement reserve, and such other reserves as may be reasonably required by the authority for the operation of any jail and as may be authorized by any bond reso lution or trust agreement or indenture pursuant to the provisions of which the issu ance of any such bonds may be authorized. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the costs of the jail and may be paid or reimbursed as such out of the proceeds of user fees, or revenue bonds or notes issued under this article for such jail, or from other revenues obtained by the authority. (3) 'County' means any county of this state or governmental entity formed by the consolidation of a county and one or more municipal corporations. (4) 'Governing body' means the elected or duly appointed officials constituting the governing body of each county in the state. (5) 'Management committee' means a regional jail authority management committee created pursuant to Code Section 42-4-95. (6) 'Project' means a jail and all other structures including electric, gas, water, and other utilities and facilities, equipment, personal property, and vehicles which are deemed by the authority as necessary and convenient for the operation of the jail.
42-4-93.
(a) Any two or more counties may jointly form an authority, to be known as the regional jail authority for such counties. No authority shall transact any business or exercise any powers under this article until the governing authorities of the counties involved declare, by ordinance or resolution, that there is a need for an authority to function and until the governing authorities authorize the chief elected official of each county to enter into an agreement with the other county or counties for the activation of an authority and such agreement is executed. Such authorities shall be public bodies, corporate and politic, and instrumentalities of the State of Georgia. A copy of the ordi nance or resolution and agreement among participant counties shall be filed with the Secretary of State who shall maintain a record of all authority activities under this arti cle.

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(b) No county may be included in an authority without approval of the sheriff of the participant county. (c) Article 2 of Chapter 17 of Title 50, the 'Georgia State Financing and Investment Commission Act,' shall not apply to any authority created under this Code section.
42-4-94.
(a) Control and management of the authority shall be vested in a board of directors. Each county participating in the authority shall appoint the sheriff of the county for the term of such sheriff's office. One other member from each participating county shall be appointed for a four-year term. An additional member shall be appointed by the direc tors themselves. The directors shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary and a treasurer or a secre tary-treasurer, either of whom may, but need not be, a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred in the performance of their duties. The directors may make bylaws and regula tions for the governing of the authority and may delegate to one or more of the officers, agents, and employees of the authority such powers and duties as may be deemed neces sary and proper. (b) It is the duty of the board of directors to erect or repair, when necessary, the jail and to furnish the jail with all the furniture necessary for the different rooms, offices, and cells. The jail shall be erected and kept in order and repaired at the expense of the authority under the direction of the board of directors which is authorized to make all necessary contracts for that purpose. The board of directors shall pass an annual budget sufficient for the efficient and effective operation of the jail. (c) Members of the board of directors of an authority formed pursuant to this Code sec tion may agree that additional counties may become members of such authority subse quent to its formation upon an affirmative vote of two-thirds of the members of such board of directors under such terms as may be imposed by such two-thirds of the mem bers of such board of directors.
42-4-95.
(a) The jail shall be managed and operated by a regional jail authority management committee, composed of all of the sheriffs from the participant counties. The regional jail authority management committee shall have all of the responsibilities provided in Code Section 15-16-24 and this chapter, including the employment and supervision of all personnel employed to operate the jail. The sheriffs shall elect one of their members as chairperson and another as vice chairperson and shall also elect a secretary who may or may not be a member of the committee. The committee shall receive no compensa tion for their services but shall be reimbursed for actual expenses incurred in the per formance of their duties. The committee may delegate to one or more of the officers, agents, and employees of the committee such powers and duties as may be deemed nec essary and proper. (b) In the event that the authority consists of an even number of counties, the sheriffs shall then elect one member, who may or may not be a member of the authority's board of directors, to serve on the management committee.
42-4-96.
(a) A majority of the board of directors shall constitute a quorum for the transaction of business of the authority. However, any action with respect to any project of the authority must be approved by the affirmative vote of not less than a majority of the directors. (b) A majority of the regional jail authority management committee shall constitute a quorum for the transaction of business of the management committee.
42-4-97.
Each authority shall have all the powers necessary or convenient to carry out and effec tuate the purposes and provisions of this article, including, but without limiting the gen erality of the foregoing, the power:

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(1) To bring and defend actions except to the extent the authority has governmental immunity, venue being located in the host county of any project of the authority. The authority shall have no governmental immunity against suits by bondholders or their investors;
(2) To adopt and amend the corporate seal;
(3) To acquire, construct, improve, or modify, to place into operation, or to operate or cause to be placed in operation and operated, a jail or jails within the counties in which the authority is activated and subject to execution of agreements with appropri ate political subdivisions affected within other counties and to pay all or part of the cost of any such jail or jails from the proceeds of revenue bonds of the authority or from any combination or loan by persons, firms, or corporations or from any other contribution or use fees, all of which the authority is authorized to receive, accept, and use;
(4) To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all laws applicable to the condemnation of property for public use, or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a jail or jails; the improving, extending, adding to, reconstructing, renovating, or remodeling of any jail or jails or parts thereof already constructed or acquired; or the demolition to make room for such jail or any part thereof and to insure the same against any and all risks as such insurance may, from time to time, be available. The authority may also use such property and rent or lease the same to or from others or make contracts with respect to the use thereof or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes, provided that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private;
(5) To make contracts and leases and to execute all instruments necessary or conve nient, including contracts for construction of jails and leases of jails or contracts with respect to the use of jails which it causes to be acquired or constructed on a negoti ated basis without competitive bid, provided that all private persons, firms, and corpo rations, this state, and all political subdivisions, departments, instrumentalities, or agencies of the state or of local government 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 provisions of this par agraph, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such municipal corporations and counties and by such municipal corporations and counties to the authority for a term not exceeding 50 years; (6) To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of jail facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privi leges conferred by this article and may enter into an agreement or agreements with respect to any such jail facility with the other party or parties participating therein; and such agreement may contain such terms, conditions, and provisions, consistent with this article, as the parties thereto shall deem to be in their best interests, includ ing, but not limited to, provisions for the construction, operation, and maintenance of such jail facility by any one or more of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on

FRIDAY, FEBRUARY 3, 1995

495

behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and including provisions for a method or methods of determining and allocating, among or between the parties, costs of con struction, operation, maintenance, renewals, replacements, improvements, and disposal with respect to such facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public. Notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, opera tion, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority; (7) To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States, this state, a unit of local government, or any agency, department, authority, or instrumentality of any of the foregoing, upon such terms and conditions as the United States, this state, a unit of local government, or such agency, depart ment, authority, or instrumentality shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets; (8) To do any and all things necessary or proper for the accomplishment of the objec tives of this article and to exercise any power usually possessed by private corpora tions performing similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel by and through the management committee and to retain legal, engi neering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; the power to borrow money for any of the corpo rate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this article, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds; (9) To borrow money and issue its revenue bonds and bond anticipation notes form time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any jail, including the cost of extending, adding to, or improving such jail, or for the purpose of refunding any such bonds of the authority theretofore issued; and otherwise to carry out the purposes of this article and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the provision of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in Code Section 42-4-98; and (10) To fix rentals and other charges which any user shall pay to the authority for the use of a jail or part or combination thereof, and to charge and collect the same, and to lease and make contracts with political subdivisions and agencies with respect to the use of any part of any jail or jails. Such rentals and other charges shall be so fixed and adjusted with respect to the aggregate thereof from the jail or any part thereof so as to provide a fund with other revenues of such jail, if any, to pay the cost of maintaining, repairing, and operating the jail, including reserves for extraordi nary repairs and insurance, unless such cost shall be otherwise provided for, which costs shall be deemed to include the expenses incurred by the authority on account of the jail for water, light, sewer, and other services furnished by other facilities at such jail.
42-4-98.
(a) Every duty and responsibility of the sheriff of a participant county to operate a jail in an efficient and orderly manner is imposed upon the management committee and to

496

JOURNAL OF THE HOUSE,

that extent the sheriff of a participant county is relieved of those duties with respect to the operation of a jail including specifically, but without limitation, Code Sections 15-16-24 and this chapter. (b) Every duty and responsibility of the governing body of a participant county to erect, repair, and furnish a jail in an efficient and orderly manner is imposed on the authority as provided in the agreement between the participating government and the authority and to that extent the county is relieved, including specifically but without limitation, of those duties imposed by Code Sections 36-9-5 through 36-9-ll/span, with respect to jails. The authority shall adopt a budget for the operation of the jail that reasonably and adequately provides for the personnel, training of personnel, equipment, facilities, and other items necessary for the management committee to operate the jail. The authority shall hold budget hearings not less than 120 days prior to the adoption of the budget.
42-4-99.
Except for willful or wanton misconduct, neither the members of the authority nor any officer or employee of the authority, acting on behalf thereof and while acting within the scope of his or her responsibilities, shall be subject to any liability resulting from:
(1) The design, construction, ownership, maintenance, operation, or management of a jail or jails; or (2) The carrying out of any of the discretionary powers or duties expressly provided for in this article.
42-4-100. (a) Subject to the limitations and procedures provided by this Code section, the obliga tions of any authority evidenced by bonds, bond anticipation notes, trust indentures, deeds to secure obligations, security agreements, or mortgages executed in connection therewith may contain such provisions not inconsistent with law as shall be determined by the board of directors of the authority. The authority, in such instruments, may pro vide for the pledging of all or any part of its revenues, income, or charges and for the mortgaging, encumbering, or conveying of all or any part of its real or personal property; may covenant against pledging any or all of its revenues, income, or charges; and may further provide for the disposition of proceeds realized from the sale of any bonds and bond anticipation notes, for the replacement of lost, destroyed, stolen, or mutilated bonds and notes, and for the payment and redemption of such bonds and notes. Simi larly, subject to the limitations and procedures of this Code section, undertakings of any authority may prescribe the procedure by which bondholders and noteholders may enforce rights against the authority and provide for rights upon breach of any covenant, condition, or obligation of the authority. Bonds, resolutions, trust indentures, mortgages, or deeds to secure obligations executed by an authority and bond anticipation notes exe cuted by an authority may contain such provisions not otherwise contrary to law as the authority shall deem necessary or desirable. (b) The proceeds derived from the sale of all bonds and bond anticipation notes issued by an authority shall be held and used for the ultimate purpose of paying, directly or indirectly as permitted in this article, all or part of the cost of any jail, including the cost of extending, financing, adding to, or improving such jail, or for the purpose of refunding any bond anticipation notes issued in accordance with this article or refunding any previously issued bonds of the authority. (c) All bonds and bond anticipation notes issued by an authority shall be revenue obli gations of such authority and may be made payable out of any revenues or other receipts, funds, or moneys of the authority, subject only to any agreements with the holders of other bonds or bond anticipation notes or to particular security agreements pledging any particular revenues, receipts, funds, or moneys. (d) Issuance by an authority of one or more series of bonds or bond anticipation notes for one or more purposes shall not preclude it from issuing other bonds or notes in con nection with the same jail or with any other jails, but the proceeding wherein any subse quent bonds or bond anticipation notes shall be issued shall recognize and protect any prior pledge or mortgage made in any prior security agreement or made for any prior

FRIDAY, FEBRUARY 3, 1995

497

issue of bonds or bond anticipation notes, unless in the resolution authorizing such prior issue the right is expressly reserved to the authority to issue subsequent bonds or bond anticipation notes on a parity with such prior issue. (e) An authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in this article, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew from time to time any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The authority may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the authority may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the authority or any issue thereof may contain any pro vision which the authority is authorized to include in any such resolution or resolutions; and the authority may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued. (f) The interest rate on or rates to be borne by any bonds, notes, or other obligations issued by the authority shall be fixed by the board of directors of the authority. Any limitation with respect to interest rates found in Article 3 of Chapter 82 of Title 36 or in the usury laws of this state shall not apply to obligations issued under this article. (g) All revenue bonds issued by an authority under this article will be issued and vali dated under and in accordance with Article 3 of Chapter 82 of Title 36, except as pro vided in subsection (f) of this Code section and except as specifically set forth below:
(1) Revenue bonds issued by an authority shall be fully registered and shall be subject to such exchangeability and transferability provisions as the bond resolution authoriz ing the issuance of such bonds or any indenture or trust agreement may provide; (2) Revenue bonds shall bear a certificate of validation. The signature of the clerk of the superior court of the judicial circuit in which the issuing authority is located may be made on the certificate of validation of such bonds by facsimile or by manual exe cution, stating the date on which such bonds were validated; and such entry shall be original evidence of the fact of judgment and shall be received as original evidence in any court in this state; and (3) In lieu of specifying the rate or rates of interest which revenue bonds to be issued by an authority are to bear, the notice to the district attorney or the Attorney General and the notice to the public of the time, place, and date of the validation hearing may state that the bonds, when issued, will bear interest at a rate not exceeding a maxi mum per annum rate of interest specified in such notes or, in the event the bonds are to bear different rates of interest for different maturity dates, that none of such bonds shall bear interest at such rate or rates without regard to any limitation con tained in any other statute or law of this state; provided, however, that nothing con tained in this paragraph shall be construed as prohibiting or restricting the right of the authority to sell such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in such notices. (h) The term 'cost of project' shall have the meaning prescribed in paragraph (2) of Code Section 42-4-92 whenever referred to in bond resolutions of an authority, bonds, and bond anticipation notes issued by an authority, or notices and proceedings to vali date such bonds.
42-4-101. No bonds or other obligations of and no indebtedness incurred by any authority shall constitute an indebtedness or obligation of the State of Georgia or of any county, munic ipal corporation, or political subdivision thereof, nor shall any act of any authority in any manner constitute or result in the creation of an indebtedness of this state or of any such county, municipal corporation, or political subdivision. However, provisions of this Code section shall not preclude counties, municipal corporations, or other political

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JOURNAL OF THE HOUSE,

subdivisions from choosing to guarantee the bonds, indebtedness, or other obligations of a jail authority as part of its demonstration of adequate financial responsibility pursuant to this article. All such bonds and obligations shall be payable solely from the revenues therein pledged to such payment, including pledged rentals, sales proceeds, insurance proceeds, and condemnation awards; and no holder or holders of any such bond or obli gation shall ever have the right to compel any exercise of the taxing power of this state or of any county, municipal corporation, or political subdivision thereof or to enforce the payment thereof against any property of the state or of any such county, municipal cor poration, or political subdivision.
42-4-102. (a) This article shall be liberally construed to effect the purposes hereof. Sale or issu ance of bonds by any authority shall not be subject to regulation under Chapter 5 of Title 10, the 'Georgia Securities Act of 1973,' or any other law. (b) A county or any number of counties shall have the right to activate any authority under this article, notwithstanding the existence of any other authority having similar powers or purposes within the county or a municipal corporation created pursuant to any general law or amendment to the Constitution of this state. However, nothing in this article shall be construed as repealing, amending, superseding, or altering the orga nization of or abridging the powers of such authorities as are now in existence.
42-4-103. (a) Failure of a participant county to execute an operation and finance agreement duly adopted by the authority at a regularly scheduled meeting or a meeting called for that purpose within 60 days after such agreement has been executed by two or more partici pant counties shall constitute a withdrawal from the authority. (b) Any participant county may withdraw from the authority subject to any contract, obligation, or agreement with the authority, but no participant county shall be permitted to withdraw from any authority after any obligation has been incurred by the authority. The governing body of the participant county wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance.
42-4-104. Notwithstanding anything contained in this article, no participant county shall be pro hibited from establishing and maintaining any jail or jail-holding facility. Notwithstand ing any other provision in this chapter, sheriffs shall operate the county jail as provided in the laws of this state as if the county was not a participant in the regional jail author ity.
42-4-105. Regional jail authorities shall be carrying out an essential governmental function on behalf of participant counties and are, therefore, given immunity from liability for carry ing out their intended functions."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey
Baker

Y Bannister Y Barfoot
Bargeron

Y Barnard Y Barnes
E Bates

Y Benefield Y Birdsong
Y Bordeaux

Y Bostick Y Breedlove
Y Brooks, D

FRIDAY, FEBRUARY 3, 1995

499

Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart
YEpps Y Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene
Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones

E Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox
YMann Martin
Y McBee Y McCall Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock
Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster

Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
E Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, VV
Smyre Y Snelling

Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 346. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to the procedure for imposition of the special county 1 percent sales and use tax, so as to provide for the inclusion of capital outlay projects consisting of regional jails, correctional institutions, or other detentional facilities.

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

Y Ashe Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes E Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J

Y Brush EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd

God bee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrum Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee

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JOURNAL OF THE HOUSE,

Y Lewis
Y Lifsey Y Lord
Lucas Y Maddox
YMann Y Martin
Y McBee
Y McCall Y McClinton
McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham
Y Parrish Y Parsons Y Pelote
Y Perry Y Pinholster
Y Polak
Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert
Roberts

Y Rogers
Y Royal N Sanders Y Sauder
Scoggins Sbanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 1. The Bill, having received the requisite constitutional majority, was passed.

HB 347. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 1 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to general provisions relative to pretrial proceed ings in criminal cases, so as to provide for an exception to the requirements of Code Section 17-7-1 relating to the jailing of prisoners where there is no secure jail in the county.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnard Y Barnes E Bates Y Benetield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T

Y Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton
Floyd Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall

Y McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston
Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan

Y Shaw Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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

FRIDAY, FEBRUARY 3, 1995

501

Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts Y Westmorland

Y Whitaker Y White Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 348. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Article 5 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, known as the "Jail Construction and Staffing Act," so as to change the provisions relating to the expenditures of moneys; to authorize use of funds for contracts with regional jail authorities and the construction, operation, maintenance, and staffing of jails and other facilities by regional jail authorities.

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 Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes E Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawt'ord

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd
God bee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence Y Lee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw
Sherrill
Y Shipp Y Simpson
Sinkrield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Johnston of the 81st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

502

JOURNAL OF THE HOUSE,

HB 405. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 39 of Title 33 of the Official Code of Georgia Anno tated, relating to the collection, use, and disclosure of information gathered by insurance institutions, so as to revise the definition of adverse underwrit ing decision; to provide that the placement of insurance with a residual mar ket mechanism, insurer, or unauthorized insurer shall not be considered an adverse underwriting decision under certain circumstances.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes E Bates Y Beneiield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G
Y Brown, J Y Brush EBuck Y Buckner N Bunn Y Burkhalter Y Byrd Y Campbell N Canty Y Carter
Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawtord

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin
Harris YHart Y Heard Y Heckstall
Y Hegstrom Y Hembree
Y Henson Y Holland
N Holmes Y Howard Y Hudson

Y Hueley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnstun
Y Jones E Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord
Lucas
Y Maddox YMann Y Martin Y McBee
Y McCall Y Mcdinton
Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller
Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
N Teague Y Teper Y Thomas Y Tillman
Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker N White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 7. The Bill, having received the requisite constitutional majority, was passed.

HB 431. By Representatives Culbreth of the 132nd and Lord of the 121st:
A bill to amend Chapter 3 of Title 33 of the Official Code of Georgia Anno tated, relating to authorization and general requirements for the transaction of insurance, so as to revise the requirements of the amount of capital stock or surplus necessary for authorization to transact insurance in this state.

The following amendment was read and adopted:

The Committee on Insurance moves to amend HB 431 by striking the word "and" on line 27 of page 2 and inserting in lieu thereof the following:

FRIDAY, FEBRUARY 3, 1995

503

"and or".

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes E Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush E Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
YCox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones E Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw
Y Sherrill Y Shipp
Y Simpson Y Sink-field
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, f Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings
Y Stancil, F Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams. R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 165, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 382. By Representatives Ashe of the 46th, Culbreth of the 132nd, Williams of the 114th, Towery of the 30th, Heard of the 89th and others:
A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to permit the Georgia Housing and Finance Authority to contract with the State Personnel Board for the participation of authority employees in the state employees' health insurance plan.

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 Bailey Y Baker

Y Bannister Y Barfoot Y Bargeron

Y Barnard Y Barnes E Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

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Y Brooks, T Y Brown, G Y Brown, J Y Brush E Buck Y Buckner Y Bunn Y Burkhalter Y Bvrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Dav Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart Y Epps Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin
Y Harris Y Hart Y Heard Y Heckslall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston Y Jones

E Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Mosley
Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster

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 Rogers Y Royal Y Sanders Y Sauder
Y Scoggins Shanahan
YShaw Y Sherrill
Shipp Y Simpson Y Sinkiield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Y Smyre Y Snelling

Y Snow Y Stallings 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 Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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

Mr. Speaker:
I would appreciate being excused from voting for the remainder of the day, Friday, Feb. 3, 1995 in that I have to leave for a funeral of a family member, my great aunt.
Thank You, /s/ Ray Holland, Representative
District 157

HB 379. By Representatives Powell of the 23rd, Parham of the 122nd, Bostick of the 165th, Dobbs of the 92nd, Watts of the 26th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for optional staggered motor vehicle registration over either a four-month or a 12 month period; to change certain licensing and registration deadlines.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to reg istration and licensing of motor vehicles, so as to provide for staggered motor vehicle regis tration over a 12 month period; to provide for four-month registration by local Act; to change certain licensing and registration deadlines; to provide for penalties for late regis tration; to provide that license plates may be transferred between vehicles under certain circumstances; to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to

FRIDAY, FEBRUARY 3, 1995

505

change the method of evaluation of motor vehicles for ad valorem tax purposes; to change the time at which ad valorem taxes on motor vehicles become due and payable; to amend Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, so as to change the expiration date for obtaining license plates; to provide for related matters; to provide for an effective date; to provide for the repeal of certain local laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking Code Section 40-2-6, relating to alteration of license plates or operation of a vehicle with altered or improperly transferred plates, in its entirety and inserting in lieu thereof the following:
"40-2-6.
Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county desig nation, or other marking of any license plate issued under the motor vehicle registration laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been willfully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not properly transferred as provided by law shall be guilty of a misdemeanor."
SECTION 2. Said chapter is further amended by striking Code Section 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-8.
(a) Any person owning or operating any vehicle described in Code Section 40-2-20 on any public highway or street after May 1 ef- each yea* without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. Any person renting, leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street after May 1 ef- each year without complying with that Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense. (b) Any vehicle operated in the State of Georgia after May i of ay yea* which is required to be registered and which does not have attached to the rear thereof a num bered license plate and current revalidation decal affixed to the upper right-hand corner of the license plate, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and pro vided, further, that the purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration or transfer of registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties. (c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designat ing the county where the vehicle was last registered. Any person convicted of such

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offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate."
SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-2-20, relat ing to registration and licensing requirements, in its entirety and inserting in lieu thereof the following:
"(a)(l) Except as provided in subsection (b) of this Code section, every owner of a motor vehicle, including a tractor or motorcycle, and every owner of a trailer shall, e er before May 4 during the owner's registration period in each year; before operating such motor vehicle ef trailer, register such vehicle as provided in this chapte^ and obtain a license to operate it for the ensuing yea* 12 month period until such person's next registration period, and return such vehicle for taxation and remit the ad valorem taxes due on such vehicle. The purchaser of every new motor vehicle or other motor vehicle which does not have a current and valid Georgia registration, including trac tors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to oper ate it for the ensuing year period remaining until such person's next registration period; provided, however, that if such vehicle is acquired after the owner's registra tion period it shall not be subject to and no ad valorem taxes shall be collected until the owner's next registration period and unless such vehicle is owned by such person during such owner's next registration period. The purchaser of every used motor vehi cle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42. No person, company, or corporation, including, but not lim ited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the cur rent Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a current and valid Georgia certificate of reg istration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certificate of registration for such vehicle, but shall, prior to the sale of such vehicle, surrender the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certi fied mail for cancellation; provided, further, that in those cases where there is no cur rent and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor vehicle does not pos sess the certificate of registration, then the purchaser or transferee of such motor vehi cle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration. (2) An application for the registration of a motor vehicle may be submitted separately from the application for a certificate of title for such motor vehicle, and an application for a certificate of title for a motor vehicle may be submitted separately from the application for the registration of such motor vehicle."
SECTION 4. Said chapter is further amended by striking Code Section 40-2-21, relating to staggered registration periods, in its entirety and inserting in lieu thereof the following:
"40-2-21.
(a) As used in this Code section chapter, the term: (1) 'Name' meana: (A) For natural pcraona, the surname ef the ewnef whoac name appears fifst en the certificate of title er other record ef owncrahip; ef

FRIDAY, FEBRUARY 3, 1995

507

\.D/--F OF entities Otfier tn&n ftftttiFfll persons^ * tiFst tetter OF woro. of the owncF whose name appears first en the certificate ef title er other reeerd ef ownership. } (1) 'Registration period' means: \A)-- i. tie uiontiii of uftRUftpy tor stti owner wnosc nflme oe^ins witri trie letter Ay o^

(C) The month ef March for an owner whose name begins with the letter fey M; Ny r PT Or eat Rf or
letter 07 ~r^ TTJ *~ VV , A., TT^ OF nr
(A) In all counties except those for which a local Act has been enacted pursuant to this Code section:
(i) For natural persons, the 30 day period ending at midnight on the birthday of the owner whose name appears first on the certificate of title; or (ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of March. (B) In those counties which are authorized by a local Act enacted pursuant to this Code section to have a four-month staggered registration period: (i) For natural persons:
(I) The month of January for the owner whose name appears first on the certif icate of title and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose name appears first on the cer tificate of title and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose name appears first on the cer tificate of title and whose birthday is in the month of July, August, or Septem ber; and (IV) The month of April for the owner whose name appears first on the certifi cate of title and whose birthday is in the month of October, November, or December; (ii) For entities other than natural persons, the period each year beginning on February 1 and ending at midnight on the last day of March. (C) In those counties which are authorized by a local Act enacted pursuant to this Code section not to have staggered registration periods, January 1 through April 30. {3} (2) 'Vehicle' means every motor vehicle, including a tractor or motorcycle, and every trailer required to be registered and licensed under Code Section 40-2-20.
wnicii trie1 provisions or tins Oodc section ftFe* wiftu^ to flpply fts pFovio.ec! mr subsection $} ef- this Code section, the owner of every vehicle registered in the previous calendar year shall; between January 1 ad May i of each year, register and obtain a license to operate such vehicle not later than the last day of the owner's registration period. The lessee of a vehicle being operated under a lease agreement may elect to register and obtain a license to operate such vehicle not later than the last day of the registration period of either the lessee or the lessor. (c) The owner of any vehicle registered in the previous calendar year who moves his or
is net applicable te county te which this Code section is applicable from a county which does not have staggered registration to a county which has a four-month or 12 month staggered registration period or who moves his or her residence from a county which has a 12 month staggered registration period to a county which has a four-month staggered registration period or to a county which does not have staggered registration or the new owner of a vehicle registered in the previous calendar year which was trans ferred to such new owner between January 1 and May t after the owner's registration period and who resides in a county te which this Code section is applicable which has a staggered registration period shall, unless such vehicle has been registered ekmnf the current calendar ya* a current registration, register and obtain a license to operate such

508

JOURNAL OF THE HOUSE,

vehicle prior to the last day of the owner's renewal registration period or, if such renewal registration period has passed at the time of the change of residence or at the time of transfer, en er before May 4 not later than 30 days following the date of the change of residence or the date of transfer. (d) Any owner of a vehicle who does not register and obtain a license to operate such vehicle as provided in subsections (b) and (c) of this Code section shall, in addition to any other penalty which may be imposed if such vehicle is registered after May i the final date on which such vehicle is required to be registered, be subject to a $15.00 late registration penalty. Such penalty shall be paid prior to obtaining a registration and license and shall be in addition to the fee provided by law. The penalty provided for in this subsection shall be paid into the general fund of the county. The penalty pro vided for in this subsection shall be waived if the penalties provided for in Code Section 40-2-40 are waived or are determined not to be applicable under rules or regulations issued by the commissioner. (e) The transferee of a new or unregistered vehicle shall register and obtain a license to operate such vehicle as provided in subsection (a) of Code Section 40-2-20. ^i^ I nis vOde section SIIQII only flppiy to ft county wnicii nfls oeen upou^nt under tftc provisions ef this Code section pursuant te a local iaw enacted fey the General Assembly and shall apply beginning January 1 ef- the calendar year specified in such local lawr Any local law enacted pursuant to this Code section shall specify either a staggered registra tion period of four months or a nonstaggered registration period of four months. If such local law is conditioned upon approval in a referendum, the results of such referendum shall be certified to the Department of Revenue. (g) Nothing in this Code section shall preclude the owner ef ay vehicle fre registering and obtaining license for such vehicle prior te his registration period."
SECTION 5. Said chapter is further amended by striking Code Section 40-2-31, relating to license plates and revalidation decals, in its entirety and inserting in lieu thereof the following:
"40-2-31.
(a) If the applicant meets the requirements set forth in this chapter, the commissioner shall assign te the vehicle issue to the applicant a license plate bearing a distinctive number. (b) Such license plates shall be of metal at least six inches wide and not less than 12 inches in length, and shall show in bold characters the year of registration, the serial number, and either the full name or the abbreviation of the name of the state, shall des ignate the county from which the license plate was issued, and shall show such other distinctive markings as in the judgment of the commissioner may be deemed advisable, so as to indicate the class of weight of the vehicle for which the license plate was issued. Such plates may also bear such figures, characters, letters, or combinations thereof as in the judgment of the commissioner will to the best advantage advertise, popularize, and otherwise promote Georgia as the 'Peach State.' The metal shall be of such strength and quality that the plate shall provide a minimum service period of five years. Every five years a new metal license plate shall be provided by the commissioner for issuance, except that license plates issued for vehicles in excess of 24,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or flitcr j&nusry j.} ryooj msy oe used until ueccm De? oi lyoy. JVietfii license plates issued en er after January ir, 1990, shall be used for a period of five yearsi Bieentennial Meense plates issued i 1076 shall net fee used after tag year 1080. (c) The face of the license plate to be displayed shall be treated completely with a retroreflective material which will increase the nighttime visibility and legibility of the plate. The Office of Highway Safety shall prepare the specifications which such retroreflective material shall meet. (d) In those years in which a metal plate is not issued, a revalidation decal with a dis tinctive serial number shall be issued and affixed in the space provided on the license plate assigned to the vehicle: which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner

FRIDAY, FEBRUARY 3, 1995

509

determines that it is necessary two revalidation decals shall be issued for each license plate to reflect the required information. When an applicant is issued a revalidation decal and such applicant registered the vehicle in another county the previous year, the applicant shall also be issued a new county decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other infor mation required to be present on the plater A county decal shall be issued with each revalidation decal issued in 1082 and shall be properly affixed te the license plate. (f) A county tag agent shall issue a county name decal for the agent's county only if:
(1) The applicant is a resident of or a business located in vehicle for which the decal is issued is currently registered m the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to registration for the vehicle for which the dccnl is issued is being transferred te a resident ef the county named on the decal; er and (3) The An application for registration of the vehicle for which the decal is issued is being made in the county named on the decal."
SECTION 6. Said chapter is further amended by striking Code Section 40-2-34, relating to reports and remittances by tag agents, in its entirety and inserting in lieu thereof the following:
"40-2-34.
(a) All county tag agents accepting license applications shall endeavor to submit to the commissioner on at least a weekly basis reports of license applications handled and remit with such reports related sums of money to which the Department of Revenue is entitled. Except as provided in subsection (e) of this Code section, all tag reports of license applications handled and related sums of money to which the Department of Revenue is entitled must be submitted to the commissioner within 14 calendar days from the close of the business week during which the aforementioned license applica tions were handled and related sums of money received. The term 'business week' shall mean Monday through Friday (or Saturday if applicable). (b) Funds received as a result of the handling of license applications shall be considered trust funds in the hands of such tag agents until such time as paid over to the commis sioner. (c) Except as provided in subsection (e) of this Code section, failure to submit the reports or remit the funds within the 14 day period as required by this Code section shall result in the penalties imposed by Code Section 48-2-44. (d) Before the expiration of the time period within which a tag report is required to be filed with the commissioner or related funds remitted to the commissioner, application may be made to the commissioner for an extension. The commissioner shall be autho rized, upon a showing of justifiable cause, to grant up to a 30 day extension from the deadline provided for the performance of the above duties. Only one such extension may be granted with regard to any reports or funds due the commissioner for a specific busi ness week.

ef- meney te the commissioner shall be 36 days from the close ef the business week dwmg said months. There shall be ne extension granted from said- 30 day deadline for busi ness weeks which close in March and April.
4$ Proof of mailing within the appropriate time periods provided for in this Code sec tion, as evidenced by a United States Postal Service postmark, shall be prima-facie proof that the county tag agent has complied in a timely manner with the duties enumerated by this Code section."

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SECTION 7. Said chapter is further amended by striking subsection (a) of Code Section 40-2-40, relat ing to the registration of delinquent vehicles, in its entirety and inserting in lieu thereof the following:
"(a) 6n and after May 2 each year, the The owner of a vehicle required to be regis tered under Code Section 40-2-20 which was registered for the previous year, who has failed to comply with Code Section 40-2-20 for the current year 7 shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, en May 2 and thereafter after the expiration of the owner's registration period, be subject to a penalty of 25 percent of the registration fee for such vehicle in addition to the fee provided by law, provided that such penalty shall in no event be levied prior to May 2 the expiration of the owner's registration period, notwithstanding that the owner failed to register such vehicle within 21 days of its purchase."
SECTION 8. Said chapter is further amended by striking Code Section 40-2-41, relating to the display of license plates, in its entirety and inserting in lieu thereof the following:
"40-2-41.
Every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate aaaigncd te it issued to the owner or operator of such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible. No person shall display on the rear of a motor vehicle any temporary or permanent plate or tag not issued by the State of Georgia which is intended to resemble a license plate which is issued by the State of Georgia. The commissioner is authorized to adopt rules and regu lations so as to permit the display of a license plate on the front of certain vehicles. It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be regis tered in the state. Any person who violates any provision of this Code section shall be guilty of a misdemeanor."
SECTION 9. Said chapter is further amended by striking Code Section 40-2-42, relating to transfer of license plates and revalidation decals, in its entirety and inserting in lieu thereof the fol lowing:
"40-2-42.
(a) A license plate or revalidation decal, when issued, shall net may be transferred from
ether than the ene te which it is assigned, except vehicle of the same class owned by the same person as otherwise provided in this chapter. Any use of a license plate or revalidation decal by any other person or persons in any manner not provided for in this chapter shall be a violation of this chapter. (b) The commissioner is authorized to provide by rules and regulations appropriate pro cedures whereby, upon the payment of a fee of $5.00, and, upon preparation and filing of an appropriate application therefor, annual and five-year license plates and revalidation decals may be transferred from one person te another vehicle to another vehicle of the same class owned by the same person. If a person acquires a vehicle of a different class, he or she shall submit the license plate currently issued to him or her for cancellation and, upon payment of any additional fee for registering such new vehi cle, the commissioner shall issue a new license plate to such person for use on such vehi cle. License plates and revalidation decals shall be transferred only during the calendar yea* registration period for which issued - A persen acquiring a vehicle with an expired
license plate ef a current year rcvalidation deeal as provided for by this chapter.

FRIDAY, FEBRUARY 3, 1995

511

(c) At the time a license plate and revalidation decal are transferred, the transferee shall transfer the existing registration."
SECTION 10. Said chapter is further amended by striking Code Section 40-2-45, relating to issuance of a license plate or revalidation decal for salvage or rebuilt vehicles, in its entirety and inserting in lieu thereof the following:
"40-2-45.
No person shall transfer a license plate or decal from one vehicle to any other The eommisaioncr shall net iaauc a license plate or rcvalidation deeal for taty motor vehicle which is a 'salvage' or 'rebuilt' motor vehicle as provided in Chapter 3 of this title unless the owner of such vehicle submits satisfactory proof to the commissioner that the motor vehicle inspection required by Code Section 40-3-37 has been performed and such vehi cle has been determined to be in full compliance with the law."
SECTION 11. Said chapter is further amended by striking Code Section 40-2-62, relating to special license plates for members of the General Assembly, in its entirety and inserting in lieu thereof the following:
"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 3i ef- the owner's registration period each year. Such spe cial and distinctive license plates shall be issued only upon applications made to the local tag agent and payment of a $25.00 manufacturing fee. License plates may be issued by the local tag agent upon a proper application and in accordance with the terms of this chapter. License plates issued pursuant to this Code section need not contain a place for the county name decal, and no county name decal need be affixed to a license plate issued pursuant to this Code section. Special and distinctive license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time for collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The special license plates issued pursuant to this Code section may be transferred to another vehicle as provided in Code Section 40-2-80."
SECTION 12. Said chapter is further amended by striking Code Section 40-2-63, relating to special license plates issued to sheriffs, in its entirety and inserting in lieu thereof the following:
"40-2-63.
O er feefere December Si ef each year, the The commissioner shall mail to the local tag agents special and distinctive license plates for the elected sheriffs in the counties of this state on or before the owner's registration period of each sheriff. The sheriffs shall make application with the local tag agent and shall pay a fee of $25.00. Special sheriff's sheriffs' license plates issued pursuant to this Code section shall be renewed annually, and revalidation decals shall be issued upon compliance with the laws relating to registration and licensing and upon payment of an additional registration fee of $25.00 which shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. License plates shall be issued by the local tag agents upon proper application and in accordance with the terms of Article 2 of this chapter. Only one special and distinctive license plate shall be issued to each elected sheriff for feis personal motor vehicle; how ever, a sheriff may choose to use his the sheriffs distinctive license plate either on his the law enforcement vehicle assigned to such sheriff or his sheriffs on his or her personal vehicle."

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SECTION 13. Said chapter is further amended by striking Code Section 40-2-65, relating to special license plates for active reserve components of the United States, in its entirety and insert ing in lieu thereof the following:
"40-2-65.
(a) Motor vehicle owners who are assigned or attached members of troop program units of any branch of the active reserve components of the United States inside or outside the State of Georgia shall be eligible to receive free motor vehicle license plates for pri vate passenger cars or trucks used for personal transportation. Motor vehicle owners who are members of any National Guard unit in a state adjoining the State of Georgia and for whom there is no National Guard unit in the county of their residence shall be eligi ble to receive free motor vehicle plates for private passenger cars or trucks used for per sonal transportation to identify such vehicle owner as a reservist. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No person shall be entitled to more than one free motor vehicle license plate for any calendar year; pro vided, however, that, upon payment of the regular license fee provided for in Code Sec tion 48-10-2 and a manufacturing fee of $25.00, a reservist shall be entitled to receive one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual registration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols in addition to numbers and letters prescribed by law shall be inscribed upon such license plates so as to identify distinctively the owner as a mem ber of the 'United States military reserve.' The major commanders of each active reserve component program shall furnish to the commissioner each yea* prief te the date that license plates are issued a list of the members of their command assigned or attached to troop program units who reside in Georgia. The adjutant general of each neighboring state shall furnish to the commissioner each year prior te the date that license plates are iaaucd a list of the members of that state's National Guard unit who reside in Geor gia. The lists of reservists and guardsmen required under this subsection shall be updated as necessary throughout the calendar year.
(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of the 'United States military reserve,' such plate shall fee removed and the authority te use the plate shall thereby be canceled! however, after sweh st transfer ef- ownership eeewsr should the said reservist acquire and acquisition by the reservist of another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle, and such reservist shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation. No transfer or cancellation fee shall be charged for the transfer of free reservist license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other reservist license plate. (2) Should an active reservist who has been issued a free license plate be discharged or otherwise separated from his or her reserve unit, the immediate commanding officer of such active reservist shall obtain the discharged member's free license plate at the time of the discharge and shall forward same to the commissioner along with a certifi cate to the effect that such person has been discharged, and thereupon the commis sioner shall issue a regular license plate, at no additional charge, to such former reservist to replace the reservist plate. Should an active reservist enlist or be commis sioned after he has purchased purchasing a regular license plate for the his or her cur rent year registration period, the commanding officer of the unit in which such person enlists or is commissioned shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has been enlisted or commissioned in a troop program unit of the reserve com ponents, and the effective date thereof, whereupon the commissioner shall issue a reservist license plate, at no extra charge, to such new member to replace the returned

FRIDAY, FEBRUARY 3, 1995

513

regular plate. Upon such request for a change in plate for a discharged reservist or a newly enlisted reservist, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appro priate change in plate, which copy of such letter may be used by such member pend ing the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of pri vate passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The commissioner is specifically authorized to promulgate all rules and regulations nec essary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 14. Said chapter is further amended by striking Code Section 40-2-66, relating to special license plates for members of the Georgia National Guard, in its entirety and inserting in lieu thereof the following:
"40-2-66.
(a)(l) Motor vehicle owners who are members of the Georgia National Guard, upon application for license plates and upon compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed under Article 2 of this chapter, shall be issued, free of charge, a license plate, as prescribed in that article for private passenger cars or trucks used for personal transportation. Each member of the Georgia National Guard shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment of the regular license fee provided for in Code Section 48-10-2 and a manufacturing fee of $25.00, a member shall be entitled to one additional such license plate. For each additional license plate for which an initial $25.00 fee was required, there shall be an additional annual regis tration fee of $25.00 which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. Additional words or symbols, in addition to the numbers and letters prescribed by law, shall be inscribed upon such license plates so as to identify distinctively the owner as a member of the Georgia National Guard. The adjutant gen eral of Georgia shall furnish to the commissioner each year, prier te the date that license plates are issued, a list of the members of the Georgia National Guard which list shall be updated throughout the year as necessary. (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, 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 regis tration 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, prier te the date that license plates tote issued, a list of the retired members of the Georgia National Guard which list shall be updated as necessary throughout the year. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate bearing the words 'National Guard,' such plate shaH be removed and the

514

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to use trie s&nic 9iifl.il incrcDy DC CQnceiecij nowcvcpj flitcr sucft ~t trflnsiCF ot
acquire and acquisition by the member or retired member of the National Guard of another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired member shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation and shall pay a transfer and cancellation fee of $5.00 and shall also pay license fees in an amount, if any, that the license fee for the newly acquired vehicle exceeds the license fee of the original vehicle. No transfer or cancellation fee shall be charged for the transfer of free National Guard license plates. There shall be a transfer and cancellation fee of $5.00 for the transfer of any other National Guard license plate. Should a member of the National Guard who has been issued a National Guard license plate be discharged or otherwise separated except by retirement from the National Guard, the immediate commanding officer of such member shall obtain the discharged member's National Guard license plate at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such member has been discharged, and thereupon the commissioner shall issue a regular license plate, at no additional charge, to such former National Guard member to replace the National Guard plate. Should a member of the National Guard enlist or be commissioned in the National Guard after he has purchased purchasing a regular license plate for the current year, the commanding offi cer of the unit in which such member enlists or is commissioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commis sioned in the National Guard and the effective date thereof, whereupon the commis sioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the returned regular plate returned te him. Upon such request for a change in plate for a discharged member of the National Guard or a newly enlisted member of the National Guard, the commanding officer shall furnish such member with a copy of his the commanding officer's letter to the commissioner requesting the appro priate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall; en er before March 4 in each year, furnish to the sheriff of each county in the state an alphabetical arrangement of the list of names, addresses, and license plate letters of each person to whom a license plate is issued under this Code section, and it shall be the duty of the sheriffs of the state to maintain and to keep cur rent such lists for public information and inquiry. (d) The commissioner shall make such rules and regulations as necessary to enforce compliance with all state license laws relating to the use and operation of a private pas senger car before issuing National Guard plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The com missioner is specifically authorized to make all rules and regulations necessary to make adequate provision for instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable."
SECTION 15. Said chapter is further amended by striking Code Section 40-2-67, relating to special license plates for state commanders of nationally chartered veterans' organizations, in its entirety and inserting in lieu thereof the following:
"40-2-67.
(a) The state commanders of nationally chartered veterans' organizations, upon applica tion 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

FRIDAY, FEBRUARY 3, 1995

515

tag agent at the time of collection of other registration fees and shall be remitted as pro vided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Sec tion 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 commis sioner. (b) License plates issued under this Code section may not be transferred so as to be used by any person other than the person to whom such plate was originally issued but may be transferred to any vehicle subsequently acquired by such person as provided in Code Section 40-2-80, except thatf and such plates shall not be used by any person after he has vacated vacating the office of commander of any of the organizations enumerated in this Code section."
SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 40-2-68, relat ing to special license plates for Medal of Honor winners, in its entirety and inserting in lieu thereof the following:
"(a) Motor vehicle owners who have been awarded the Medal of Honor and who are res idents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates may be transferred to any vehicle subsequently acquired by the Medal of Honor recipient as provided in Code Section 40-2-80."
SECTION 17. Said chapter is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, in its entirety and inserting in lieu thereof the following:
"40-2-70.
Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plates may be transferred to any vehicle subsequently acquired by such veteran or jointly by such vet eran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service con nected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as dis abled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Sec tion 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section."
SECTION 18. Said chapter is further amended by striking Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, in its entirety and inserting in lieu thereof the following:

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"40-2-71.
(a) The commissioner is directed to furnish the license plates provided for in Code Sec tions 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red, white, and blue. The commissioner is authorized and directed to design the license plate. Each plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words 'Handicapped Veteran' or 'Handi capped Vet.' (b) Such license plates so issued shall be nontranafcrnblc may be transferred to any vehicle subsequently acquired by such disabled veteran as provided in Code Section 40-2-80.
(c) No disabled veteran shall be entitled to own or operate more than one vehicle with the free license plates provided by Code Sections 40-2-69, 40-2-70, and this Code sec tion."
SECTION 19. Said chapter is further amended by striking subsection (b) of Code Section 40-2-73, relat ing to special license plates for former prisoners of war, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable condi tions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registration fees, shall be issued additional distinctive personalized license plates. Such license plates may be transferred to any vehicle subsequently acquired by such person individually or jointly with his or her spouse as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles."
SECTION 20. Said chapter is further amended by striking subsection (e) of Code Section 40-2-74, relat ing to special license plates for disabled persons, in its entirety and inserting in lieu thereof the following:
"(e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section may be transferred to any subsequent vehicle owned by such person as provided in Code Section 40-2-80."
SECTION 21. Said chapter is further amended by striking subsection (c) of Code Section 40-2-75, relat ing to special license plates for amateur radio operators, in its entirety and inserting in lieu thereof the following:
"(c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passen ger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates shall be nontransfcrtible transferable to a vehicle subsequently acquired by such person as provided in Code Section 40-2-80."
SECTION 22. Said chapter is further amended by striking subsections (a) and (b) of Code Section 40-2-78, relating to special license plates for firefighters, in their entirety and inserting in lieu thereof the following:
"(a) Any resident motor vehicle owners who are firefighters certified pursuant to Article 1 of Chapter 4 of Title 25 and who are members of fire departments certified pursuant to Article 2 of Chapter 3 of Title 25 and motor vehicle owners who are certified firefighters of legally organized volunteer fire departments which have been certified pursu ant to Article 2 of Chapter 3 of Title 25 may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a certified firefighter for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special firefighters' license plates until

FRIDAY, FEBRUARY 3, 1995

517

a minimum of 500 applications have been received. If the commissioner does not receive the required minimum 500 applications no later than July 31 of the year preceding the initial year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. No firefighter shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a certified firefighter. The chiefs of the vari ous fire departments shall furnish to the commissioner each year prior to the date that license plates are issued a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary.
(b)(l) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a certified firefighter,
celcd; however, after such a transfer ef ownership occurs, should th said and acquisi tion by the certified firefighter acquire of another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (2) Should a certified firefighter who has been issued a special and distinctive license plate be separated from such firefighter's department, the chief of such fire depart ment shall obtain the separated member's license plate at the time of the separation and shall forward same to the commissioner along with a certificate to the effect that such person has been separated, and thereupon the commissioner shall reissue a regu lar license plate, at no additional charge, to such former certified firefighter to replace the special and distinctive plate. Should a certified firefighter return to service with the same or another fire department, the chief of such fire department shall likewise secure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the fire department, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applicable registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a certified firefighter who is separated from a fire department, the chief of the fire department shall furnish such member with a copy of the chiefs letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate."
SECTION 23. Said title is further amended by striking Code Section 40-2-80, relating to transfer of spe cial license plates, in its entirety and inserting in lieu thereof the following:
"40-2-80.
The commissioner is authorized to provide by rules and regulations appropriate proce dures whereby, except as specifically provided, upon the payment of the fee prescribed in Code Section 40-2-42 for transfer of license plates and revalidation decals, the special and distinctive license plates and special personalized prestige license plates authorized by this article may be used upon and all license plates may be transferred to other vehi cles subsequently acquired by the same person other than the vehicle for which such plate was originally issued."
SECTION 24. Said chapter is further amended by striking subsection (b) of Code Section 40-2-86, relat ing to special license plates for emergency medical technicians, in its entirety and inserting in lieu thereof the following:
"(b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, seh plate shall

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"oe removed ftfiQ Mie QUtHOPity to use tftc picite sriQii tnereDy oe1 csneeledj nowevcfj such a transfer ef ownership occurs, should an and acquisition by the emergency medical technician acquire of another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 25. Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, is amended by striking Code Section 48-5-442, relating to preparation and distribution of uniform evaluation of motor vehicles for tax purposes, in its entirety and inserting in lieu thereof a new Code Section 48-5-442 to read as follows:
"48-5-442.
(a) (1) The commissioner shall prepare annually quarterly and distribute to each of the tax collectors and tax commissioners both a uniform evaluation of all motor vehi cles for use as the taxable value of the motor vehicles and uniform procedures for the evaluation ef H mobile homes subject to this article. Each quarterly evaluation shall refelect the current fair market value for all motor vehicles as determined by the com missioner. (2) The commissioner shall prepare annually and distribute to each of the tax collec tors and tax commissioners uniform procedures for the evaluation of all mobile homes subject to this article. (b) Notwithstanding subsection (a) of this Code section, all antique and hobby or spe cial interest motor vehicles, as defined in Code Section 48-5-440, shall, notwithstanding true fair market value if any, be deemed by the commissioner to have a fair market value of $100.00 in the uniform evaluation prepared and distributed annually by the commissioner. "
SECTION 26. Said article is further amended by striking Code Section 48-5-451, relating to the penalty for failure to make return or pay tax on motor vehicle or mobile home, in its entirety and inserting in lieu thereof a new Code Section 48-5-451 to read as follows:
"48-5-451.
Every owner of a motor vehicle or a mobile home, in addition to the ad valorem tax due on the motor vehicle or mobile home, shall be liable for a penalty of 10 percent of the tax due or $1.00, whichever is greater, for his the failure to make the return or pay the tax in accordance with this article; provided that seh penalty shall HJ ne event fee levied pnop to JVLsy ~s^ notwit/nstsnoin^ tnflt tne owner isiied TO register sucn veliicic witftin "si dftys of its purcnflsc,
SECTION 27. Said article is further amended by striking Code Section 48-5-471, relating to motor vehi cles owned on January 1 subject to ad valorem taxation, in its entirety and inserting in lieu thereof a new Code Section 48-5-471 to read as follows:
"48-5-471.
Every motor vehicle owned in this state eft January i by_ a natural person is subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property only if owned by such natural person at any time during such person's registration period. Every vehicle owned in this state by an entity other than a natural person iSj except as specifically provided in Code Section 48-5-472, subject to ad valorem taxation by the various tax jurisdictions authorized to impose an ad valorem tax on property if owned by such entity at any time during such entity's registration period. Taxes shall be charged against the owner of the property, if known, and, if unknown, against the specific property itself."
SECTION 28. Said article is further amended by striking Code Section 48-5-472, relating to ad valorem taxation of motor vehicles owned and held by dealers for retail sale, returns of dealers'

FRIDAY, FEBRUARY 3, 1995

519

inventory, dealer's assessed value, determination of tax rate, time for payment of taxes, and motor vehicles in transit on January 1, in its entirety and inserting in lieu thereof a new Code Section 48-5-472 to read as follows:
"48-5-472.
(a) For the purpose of this Code section, the term 'dealer' means any person who is engaged in the business of selling motor vehicles at retail and who holds a valid current dealer's identification number issued by the department. (b) Motor vehicles which are owned by a dealer are not included within the distinct classification of tangible property made by this article for all other motor vehicles. The procedures prescribed in this article for returning motor vehicles for ad valorem taxa tion, determining the applicable rates for taxation, and collecting the ad valorem taxes imposed on motor vehicles do not apply to motor vehicles which are owned by a dealer. Motor vehicles which are owned by a dealer shall not be returned for ad valorem taxa tion, shall not be taxed, and the taxes en such motor vehicles shall be collected in the manner provided in this Code section no taxes shall be collected on such motor vehicles until they become subject to taxation as provided in Code Section 48-5-471. No vehicle held by a dealer in inventory for resale shall be subject to ad valorem tax. (c) All wholesale ad retail dealers ef motor vehicles shall return their inventory en the
6x6cuted depft?tmout license topfRS prepflred lor tnflt purpose on eftcii motor veiiicie m

assessed value furnished by the department fer other motor vehicles. (d) The tax- authorities ef each county shall determine the tax- de en each dealer motor
meter vehicles neW by a dealer for ste and seld between January i and April i at dae
Dy ft defile r lor sflie find sold between April T find uecem uer "sr? ft?e due sftd sndii i&e pfiid fit tne time tne motor vehicle ts sold. 1 he &d v910reHI tfixes on motor venicies neiu Dy s defiler tor sflie out femflinin^ unsold sre due find 9fiQii DC pflid on ueccm uef *iu. Each appropriate motor vehicle license form shaH then be marked 'returned fer tax parposes so tn&t eflcn SUCH uiotof venicie mfly ~oe sold fttwi licensed find tne fid vftiorem tflxes pflid fts provided Hi tnis srticie. (c) All new motor vehicles in transit and net actually in a dealer's inventory en January 1 ef each yea* shall net be subject te taxation fer- that year. Dealers shall submit proof that each such motor vehicle was actually received after January 1 ef that year."
SECTION 29. Said article is further amended by striking Code Section 48-5-473, relating to returns for taxation and application for and issuance of license plates upon payment of taxes due, in its entirety and inserting in lieu thereof a new Code Section 48-5-473 to read as follows:
"48-5-473. (a) Each year every owner of a motor vehicle subject to taxation under this article shall return the motor vehicle for taxation and pay the taxes due on the motor vehicle at the time the owner applies for registration of the motor vehicle and for the purchase of a license plate for the motor vehicle or at the time of the first sale or transfer of the motor vehicle after December &t er en May 1-, whichever occurs first,i provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period. If the owner ef a motor vehicle returns tne motof vcnicic tor tQx&tion prior to tne d8te tnflt tne flppncntion tor tnc purcn9c ef license plate is required, the ewne* tttet& apply fer the purchase ef the license plate at the time ef return ef the motor vehicle fer taxation. If no license plate is required for the motor vehicle, the owner shall nevertheless return the motor vehicle for taxation as provided for in this Code section, but no license plate need be purchased - Except fts provided IOP m Oode section 4o~oTM4oU &nd except top motof venicies excluded pursu

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the tax collector er tax commissioner until aB ad valorem taxes due en the motor vehicle iiftvc DCen psid. (b) Notwithstanding subsection (a) of this Code section, in the case of an antique or hobby or special interest motor vehicle, as defined in Code Section 48-5-440, the owner or owners shall certify at the time of returning the antique or hobby or special interest motor vehicle for taxation, paying the taxes due on the motor vehicle, and purchasing a license plate for the motor vehicle or at the time of the first sale or transfer of the
is an antique or hobby or special interest motor vehicle as defined in Code Section 48-5-440, and, upon said certification, said vehicle shall be registered and a license plate issued with the imposition of an ad valorem tax based on $100.00 valuation2 provided that taxes shall be due at the time of registration or transfer of registration only if such vehicle was owned during the owner's registration period."
SECTION 30. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking Code Section 48-10-8, relating to time of application and payment for license plate, in its entirety and inserting in lieu thereof the following:
"48-10-8. Each person subject to a license fee as provided in this chapter shall apply for and obtain the required license plate on or before May 1 ef each year the expiration of the owner's registration period each year. Payment for the license plate shall be made to the commissioner, his a duly authorized agent, or any other person specified by law."
SECTION 31. This Act shall become effective on January 1, 1997.
SECTION 32. Any local law enacted pursuant to Code Section 40-2-21, which is in conflict with the pro visions of this Act shall stand repealed on the effective date of this Act.
SECTION 33. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Bannister of the 77th moves to amend the Committee substitute to HB 379 by striking from line 43 of page 2, from line 40 of page 3, and from line 8 of page 4 the following:

and inserting in lieu thereof the following:
"21 30".
By inserting between lines 2 and 3 of page 5 the following:
"SECTION 3.5. Said chapter if further amended by striking subsection (c) of Code Section 40-2-20, relat ing to registration and licensing requirements, and inserting in lieu thereof a new subsec tion (c) to read as follows:
'(c) Any person who fails to register a new or used motor vehicle within 21 30 days of its purchase as required in subsection (a) of this Code section shall be guilty of a misde meanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00.'".
The Committee substitute, as amended, was adopted.

FRIDAY, FEBRUARY 3, 1995

521

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

Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes E Bates Y Benetield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhaiter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings
Y Davis, G Y Davis, M
Y Day Y DeLoach, B Y DeLoach, G
Y Dix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwill
Y Greene Y Grindley Y Manner Y Harbin
Y Harris Y Hart Y Heard Y Heckstall Y Hegstrum Y Hembree Y Henson E Holland
Y Holmes Y Howard N Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnstuil Y Jones E Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey YLord Y Lucas
Maddox
Y Mann Y Martin Y McBee Y McCall
Y McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkiield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 169, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Barfoot of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Resolutions of the House were read and adopted:

HR 251. By Representatives Mills of the 21st, Smith of the 19th, Rogers of the 20th and Stephenson of the 25th:
A resolution recognizing Manufacturing Appreciation Week at the Capitol.

HR 252. By Representatives Parsons of the 40th and Klein of the 39th: A resolution commending Mountain View Elementary School.

HR 253. By Representative Parsons of the 40th: A resolution commending Sprayberry High School.

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JOURNAL OF THE HOUSE,

HR 254. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A resolution commending Rosemarie Remington.

HR 255. By Representatives Mueller of the 152nd, Day of the 153rd, Dixon of the 150th, Pelote of the 149th, Bordeaux of the 151st and others:
A resolution commending the 809th Tank Destroyer Association.

HR 256. By Representatives Mueller of the 152nd, Day of the 153rd, Dixon of the 150th, Pelote of the 149th, Thomas of the 148th and others:
A resolution commending Sister Mary Alvin Seubott.

HR 257. By Representative Wall of the 82nd: A resolution commending C.W. "Woody" Alien.

HR 258. By Representatives Stallings of the 100th and Simpson of the 101st:
A resolution commending the Pilot Club of Carrollton, Georgia, on the occa sion of its fiftieth anniversary.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 6, 1995 and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, Feb ruary 6, 1995.

MONDAY, FEBRUARY 6, 1995

523

Representative Hall, Atlanta, Georgia Monday, February 6, 1995

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

Ashe
Bailey
Bannister
Barfoot
Bargeron
Barnard Barnes Bates Benefield Birdsong Bostick Breedlove
Brooks, T
Brown, G Brown, J Buck Buckner Bunn Burkhalter Byrd Campbell Canty Chambless Childers Coker Cofeman, B
Coleman, T
Connell
Cox
Crawford
Crews

Culbreth
Cummings
Davis, M
Day DeLoach, B DeLoach, G Dix
Dixon, H Dixon, S Dobbs
Ehrhart
Epps
Falls Felton
Floyd Godbee Greene Harbin
Harris
Hart Heard Heckstall Hegstrom Hembree Henson
Holland
Howard
Hudson
Hugley
Irvin
James

Jenkins Johnson, G Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall McCIinton McKinney Mills Mobley, J Mosley Mueller O'Neal
Orrock Parham Parrish

Parsons Pelote Perry
Pinholster Polak
Poston Powell Purcell, A Purcell, B Randolph Reaves Reichert Roberts Rogers Royal Sanders Sauder Shanahan
Shaw
Sherrill Shipp Simpson
Skipper
Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V Smith, W Snelling

Stallings Stancil, F Stancil, S Stanley, L
Stanley, P
Stephenson Streat Teper Thomas
Tillman
Titus Towery
Trense
Turnquest
Twiggs Walker, L Walker, R.L Wall Watson Watts Westmoreland Whitaker White Wiles Williams, B Williams, J Williams, R Woods Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Porter of the 143rd, Scoggins of the 24th, Lucas of the 124th, Mobley of the 69th, Baker of the 70th, Ray of the 128th, Grindley of the 35th, Carter of the 166th, Hanner of the 159th, Brush of the 112th, Bordeaux of the 151st, Jones of the 71st, Goodwin of the 79th, Snow of the 2nd, Golden of the 177th, Brooks of the 103rd and Sinkfield of the 57th.
They wish to be recorded as present.

House of Representatives Legislative Office Building, Room 608
Atlanta, Georgia 30334
February 3, 1995
Honorable Thomas B. Murphy Speaker of the House 332 State Capitol Atlanta, Georgia 30334
Dear Speaker Murphy:
It is necessary that I attend a very important meeting out of town, and would appreciate being excused Monday February 6th and Tuesday February 7th.

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JOURNAL OF THE HOUSE,

Thank you for your assistance in this matter.
Sincerely,
/s/ Jeanette Jamieson Representative District 22
JJ:ms

Prayer was offered by the Reverend Bert Vaughn, Pastor, First Baptist Church, Calhoun, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

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

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

HB 595. By Representatives Towery of the 30th, Harbin of the 113th and Shipp of the 38th:
A bill to amend Code Section 33-10-1 of the Official Code of Georgia Anno tated, relating to assets to be considered in determining the financial condi tion of insurers, so as to provide that electronic and mechanical machines constituting a data processing, record keeping, or accounting system shall be allowed to be counted as assets under certain conditions.
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 6, 1995

525

HB 597. By Representatives McKinney of the 51st and Martin of the 47th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to provide that, in the operation of its security force, the Authority is performing a governmental function; to provide for immunity from liability for the failure to provide adequate security, for the failure to prevent the commission of crimes by third parties, or for the fail ure to apprehend criminals.
Referred to the Committee on Judiciary.

HB 598. By Representatives Towery of the 30th, Barnes of the 33rd, Sauder of the 29th, Klein of the 39th, Wiles of the 34th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the judge pro hac vice.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 599. By Representatives Towery of the 30th, Ehrhart of the 36th, Irvin of the 45th, Evans of the 28th and Sauder of the 29th:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions regarding insurance, so as to provide for legislative findings; to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the sub mission of an annual budget relative to the cost of investigating and prose cuting insurance fraud.
Referred to the Committee on Insurance.

HB 600. By Representative Holland of the 157th:
A bill to amend Chapter 5 of Title 36 of the Official Code of Georgia Anno tated, relating to the organization of county government, so as to provide a procedure for reapportioning election districts for county boards of commis sioners.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 601. By Representatives Snow of the 2nd and Coker of the 31st:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to the registration and licensing of motor vehicles, so as to provide for the permanent registration and issuance of permanent license plates for vehicles owned by the State of Georgia and its political subdivi sions.
Referred to the Committee on Motor Vehicles.

HB 602. By Representatives Murphy of the 18th, Lee of the 94th, Walker of the 141st and Coleman of the 142nd:
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 require fiscal notes for certain amendments and substitutes having a significant impact on state revenues or expenditures; to provide for the waiver of fiscal note requirements under certain circumstances.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HB 603. By Representatives Barfoot of the 155th, Jenkins of the 110th, Lord of the 121st, Simpson of the 101st and Coker of the 31st:
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 as a result of the commission of a crime or delinquent act or any attempt to commit a crime, so as to change the provisions relating to the forfeiture of weapons used in commission of crime, possession of which constitutes crime or delin quent act, or illegal concealment generally.
Referred to the Committee on Judiciary.
HB 604. By Representatives Royal of the 164th and Twiggs of the 8th:
A bill to amend Code Section 48-8-111 of the Official Code of Georgia Anno tated, relating to imposition procedures for the special county 1 percent sales and use tax, so as to make provisions for the applicability of certain provi sions regarding the contents of required ballot questions relating to the tax.
Referred to the Committee on Ways & Means.
HB 605. By Representatives Barnes of the 33rd and Bostick of the 165th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relating to counties, so as to provide for the employment of attorneys by county officers under certain circumstances; to provide for the payment of attorneys' fees and expenses of litigation from county funds.
Referred to the Committee on Judiciary.
HB 606. By Representative Childers of the 13th:
A bill to amend Code Section 40-8-71 of the Official Code of Georgia Anno tated, relating to motor vehicle exhaust systems and related matters, so as to provide that any motor vehicle operating on a racetrack or other closed course located within one mile of a residential structure shall be equipped with certain exhaust equipment.
Referred to the Committee on Motor Vehicles.
HB 607. By Representatives Stancil of the 16th, Holland of the 157th, Pinholster of the 15th, Shanahan of the 10th and Harris of the 17th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the amount of certain fees which a juvenile court is authorized to require a delin quent or unruly child or the parent, guardian, or legal custodian thereof to pay for certain supervision and services.
Referred to the Committee on Judiciary.
HB 608. By Representatives Heckstall of the 55th, Roberts of the 162nd, Teague of the 58th, Davis of the 48th and Bunn of the 74th:
A bill to amend Code Section 48-5-56 of the Official Code of Georgia Anno tated, relating to the requirement that a notice of homestead exemptions from ad valorem taxes accompany each bill for ad valorem taxes on real property, so as to provide that upon recording certain deeds or mortgages the clerk of the superior court of any county shall notify the purchaser of real property regarding eligibility for homestead exemptions from ad valorem tax ation.
Referred to the Committee on Ways & Means.

MONDAY, FEBRUARY 6, 1995

527

HB 609. By Representative Watson of the 139th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the definition of certain terms; to define additional terms; to provide considerations deter mining granting of a certificate generally with respect to motor common car riers of passengers or household goods.
Referred to the Committee on Industry.

HB 610. By Representatives Baker of the 70th, Chambless of the 163rd and Bostick of the 165th:
A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the method of determining whether a breath test used to determine whether a person was driving under the influence of alcohol or drugs was properly conducted; to provide for two breath samples to be taken in such testing.
Referred to the Committee on Judiciary.

HB 611. By Representatives Parham of the 122nd, Twiggs of the 8th and Parrish of the 144th:
A bill to amend Chapter 4 of Title 26 of the Official Code of Georgia Anno tated, relating to pharmacists and pharmacies, so as to change the provisions relating to definitions; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to licensing by reciprocity; to provide for the registration of reverse drug distributors.
Referred to the Committee on Health & Ecology.

HB 612. By Representative Parham of the 122nd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that cer tain members with at least 33 years of service shall be eligible to retire forth with and upon retirement shall be paid not less than the service retirement allowance which would have been payable upon service retirement at the age of 65 had such members continued in service.
Referred to the Committee on Retirement.

HB 613. By Representative Parham of the 122nd:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to retirement allowances; to provide that cer tain members with at least 32 years of service shall be eligible to retire forth with and upon retirement shall be paid not less than the service retirement at the age of 65 had such members continued in service without further change in compensation.
Referred to the Committee on Retirement.

528

JOURNAL OF THE HOUSE,

HB 614. By Representative Stancil of the 16th:
A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Anno tated, relating to barbers, so as to change the conditions for licensing the operation of a barbershop; to provide for licenses to operate mobile barber shops; to provide for license requirements.
Referred to the Committee on Health & Ecology.

HB 615. By Representatives Crews of the 78th, Ashe of the 46th, Tillman of the 173rd, Teper of the 61st, Jones of the 71st and others:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag and other flags, so as to provide a new state flag; to provide a statement of legislative intent; to provide an explanation of the symbolism of the design; to provide that the state flag shall be displayed in the public schools, prisons, courthouses, courtrooms, and meeting rooms of county commissions, city councils, and boards of edu cation of this state.
Referred to the Committee on Rules.

HB 616. By Representatives Lord of the 121st, Culbreth of the 132nd, Henson of the 65th, Towery of the 30th, Heard of the 89th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for definitions; to provide requirements for health insurance poli cies; to provide for the modification of certain health insurance contracts; to impose certain requirements on health insurers.
Referred to the Committee on Insurance.

HB 617. By Representatives Watson of the 139th and Skipper of the 137th:
A bill to amend Chapter 4 of Title 46 of the Official Code of Georgia Anno tated, relating to the distribution, storage, and sales of gas, so as to provide that in any proceeding before the Public Service Commission to establish the base rates for service by local gas companies to firm customers, such commis sion shall prescribe the base rates for firm customers at levels which are designed to recover all of the cost of service of the local gas company as established by such commission in the proceeding.
Referred to the Committee on Industry.

HB 618. By Representatives Culbreth of the 132nd, Buck of the 135th and Lane of the 146th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, relating to employment security, so as to provide that with respect to employers of certain domestic employees certain contributions shall become due and payable on an annual basis rather than on a quarterly basis; to pro vide for a definition; to provide for annual tax and wage reports.
Referred to the Committee on Industrial Relations.

MONDAY, FEBRUARY 6, 1995

529

HB 619. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose terms of imprisonment and community service from 90 days to 12 months.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 620. By Representatives Randolph of the 72nd, Williams of the 63rd, Mobley of the 69th, Lawrence of the 64th, Jones of the 71st and others:
A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Anno tated, relating to standards, labeling, and adulteration of food, so as to require gloves and hair coverings for certain persons who directly handle food in food service establishments.
Referred to the Committee on Health & Ecology.

HB 621. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to the regulation of specialized land transactions, so as to comprehensively revise the "Georgia Land Sales Act"; to delete certain defi nitions; to define an additional term; to remove the Georgia Real Estate Commission as administrator of said Act.
Referred to the Committee on Industry.

HB 622. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to the regulation of specialized land transactions, so as to comprehensively revise the provisions of the "Georgia Time-Share Act"; to change the purposes of said Act; to delete certain definitions; to remove the Georgia Real Estate Commission as the administrator of said Act.
Referred to the Committee on Industry.

HB 623. By Representatives White of the 161st, Canty of the 52nd, Goodwin of the 79th, Roberts of the 162nd and Hembree of the 98th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions relative to the merit system, so as to provide that employees of the Department of Transportation whose duties relate to maintenance but who do not have managerial duties shall be in the classified service.
Referred to the Committee on State Planning & Community Affairs.

HB 624. By Representative Barnard of the 154th: A bill to recreate and reincorporate the City of Cobbtown.
Referred to the Committee on State Planning & Community Affairs - Local.

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JOURNAL OF THE HOUSE,

HB 625. By Representative McKinney of the 51st:
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 census, so as to change the additional penalty and bail and bond amount to be imposed for certain jail purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 626. By Representatives Heard of the 89th, Hugley of the 133rd, Shipp of the 38th, Bannister of the 77th, Rogers of the 20th and others:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, so as to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into certain agreements for services and to negotiate charges therefor.
Referred to the Committee on Insurance.

HB 627. By Representatives Chambless of the 163rd, Martin of the 47th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the transfer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant.
Referred to the Committee on Judiciary.

HB 628. By Representatives Greene of the 158th, Parham of the 122nd, Powell of the 23rd, Bostick of the 165th and Parrish of the 144th:
A bill to amend Code Section 40-2-44 of the Official Code of Georgia Anno tated, relating to reporting of theft, loss, or mutilation of license plates or revalidation decals and issuance of replacements, so as to provide that a sworn affidavit may be submitted for obtaining a replacement license plate or revalidation decal if the vehicle owner is unable to obtain a police report.
Referred to the Committee on Motor Vehicles.

HR 259. By Representatives Heckstall of the 55th, Davis of the 48th, McKinney of the 51st, Holmes of the 53rd, Walker of the 141st and others:
A resolution urging the Congress of the United States to declare war on drugs.
Referred to the Committee on Industry.

HR 260. By Representatives Barnes of the 33rd, Grindley of the 35th, Parsons of the 40th, Wiles of the 34th, Klein of the 39th and others:
A resolution creating the Joint Study Committee on Pilot Projects in the Cobb Judicial Circuit.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 6, 1995

531

HR 261. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Smith of the 102nd, Hugley of the 133rd and others:
A resolution designating a portion of the Pine Mountain Trail in honor of D. Neal Wickham.
Referred to the Committee on Game, Fish & Parks.

HR 262. By Representative Parham of the 122nd:
A resolution designating the William E. "Bill" Ireland Youth Development Campus.
Referred to the Committee on State Institutions & Property.

HR 263. By Representatives Stancil of the 16th, Smith of the 12th, Pinholster of the 15th, Harris of the 17th, Shanahan of the 10th and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall by general law authorize local school systems to receive and use proceeds of a school district sales and use tax for ad valo rem tax relief.
Referred to the Committee on Ways & Means.

HR 264. By Representative Connell of the 115th:
A resolution urging the Congress of the United States to enact legislation which would exclude the travel expenses and per diem of state legislators from income for purposes of contributions required under the federal Social Security Act and from withholding for purposes of federal income taxation.
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 573 HB 574 HB 575 HB 576 HB 577 HB 578 HB 579 HB 580 HB 581 HB 582 HB 583 HB 584 HB 585 HB 586 HB 587 HB 588 HB 589 HB 590

HB 591 HB 592 HB 593 HB 594 HB 596 HR 240 HR 241 HR 242 HR 243 SB 22 SB 31 SB 47 SB 52 SB 54 SB 73 SB 132 SB 248 SR 1

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

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JOURNAL OF THE HOUSE,

Mr. Speaker:

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

HB 539 Do Pass HB 556 Do Pass SB 162 Do Pass

SB 166 Do Pass SB 167 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HB 539. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide for appointment, duties, and removal of department and agency directors; to provide for appointment, compensation, and removal of a city manager.

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

SB 162. By Senator Dean of the 31st:
A bill to amend an Act creating the office of Tax Commissioner of Polk County, as amended, so as to change the compensation of the tax commis sioner.

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

SB 166. By Senator Middleton of the 50th:
A bill to amend an Act providing for the election of members of the Board of Education of Lumpkin County so as to reapportion and change the provi sions relating to the districts for the election of members of the board of education; to provide for submission of this Act for approval or rejection.

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

SB 167. By Senator Middleton of the 50th:
A bill to create the Board of Commissioners of Lumpkin County; to provide for continuation of certain obligations and liabilities; to provide for a chair person and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county manager; to provide for filling of vacancies; to provide for oaths of office and surety bonds.

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

MONDAY, FEBRUARY 6, 1995

533

HB 556. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.

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

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Cox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee
Golden Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal Y Orrock

Parham Y Parrish
Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers
Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkrield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 155, 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:

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JOURNAL OF THE HOUSE,

HB 451. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for Upson County, so as to reapportion the board of commissioners; to provide new commissioner districts.

SB 258. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Clayton County into the office of tax commissioner, as amended, so as to change certain provisions relative to the compensation of the deputy tax commissioner.

SB 259. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits.

SB 260. 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 deputy clerk of said court; to provide for the application of civil service benefits.

SB 261. By Senators Starr of the 44th and Thomas of the 10th:
A bill to provide that each resident of the Clayton County School District who is 65 years of age and older shall be granted an exemption from all Clayton County School District taxes on the full value of such person's home stead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for related matters; to provide for applicabil ity; to provide for a referendum.

SB 58. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for defini tions; to provide a penalty.

SB 79. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
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 impoundment of license plates of habitual violators; to provide for the issuance of special license plates; to provide for procedures; to provide for fees for the issuance of spe cial license plates; to provide for restrictions on the sale of certain motor vehicles.

MONDAY, FEBRUARY 6, 1995

535

SB 100. By Senators Henson of the 55th, Tysinger of the 41st, Taylor of the 12th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commission; to change cer tain definitions regarding tuition equalization grants; to include a qualified proprietary institution of higher education located in the state.

SB 185. By Senators Madden of the 47th, Langford of the 29th, Ray of the 19th and Marable of the 52nd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance; to provide that data for nonrecording or nonfiling insur ance and vendors' single interest insurance shall be filed and maintained sep arately to facilitate the handling of form and rate filings.

SB 200. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th and others:
A bill to amend Code Section 27-4-253 of the Official Code of Georgia Anno tated, relating to the Aquaculture Development Commission, so as to change the requirements for membership in the commission; to provide for subcom mittees.

SB 204. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the State Merit System of Person nel Administration generally, so as to change the definition of the term "working test"; to provide for the length of the working test period for troopers of the Uniform Division of the Department of Public Safety.

SB 207. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Anno tated, relating to definitions of terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, so as to provide that the term "adjuster" does not include a salaried employee of an insurer who adjusts claims.

HB 163. By Representatives Greene of the 158th, Reaves of the 178th, Ray of the 128th and others:
A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to leaf tobacco sales and storage, so as to change the maximum charges for handling and selling leaf tobacco by warehousemen.

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

536

JOURNAL OF THE HOUSE,

HR 238. By Representatives Murphy of the 18th, Lee of the 94th, Walker of the 141st, Connell of the 115th, Stephenson of the 25th and others:
A resolution authorizing a joint session of the Senate and the House of Rep resentatives for the purpose of hearing an address by the Honorable Newt L. Gingrich, Speaker of the United States House of Representatives; inviting Speaker Gingrich to address such a joint session.

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

SB 58. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms, so as to provide that it shall be unlawful for any person to carry or possess on his or her person any firearm while such person is under the influence of alcohol, certain drugs or controlled substances, or both; to provide for defini tions; to provide a penalty.
Referred to the Committee on Public Safety.

SB 79. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
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 impoundment of license plates of habitual violators; to provide for the issuance of special license plates; to provide for procedures; to provide for fees for the issuance of spe cial license plates; to provide for restrictions on the sale of certain motor vehicles.
Referred to the Committee on Special Judiciary.

SB 100. By Senators Henson of the 55th, Tysinger of the 41st, Taylor of the 12th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commission; to change cer tain definitions regarding tuition equalization grants; to include a qualified proprietary institution of higher education located in the state.
Referred to the Committee on University System of Georgia.

SB 185. By Senators Madden of the 47th, Langford of the 29th, Ray of the 19th and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions for certain types of credit insurance known as nonrecording or nonlicensing insurance and vendors' single interest insurance; to provide for the maximum premium charge for nonrecording or nonfiling insurance; to provide that data for nonrecording or nonfiling insur ance and vendors' single interest insurance shall be filed and maintained sep arately to facilitate the handling of form and rate filings.
Referred to the Committee on Insurance.

MONDAY, FEBRUARY 6, 1995

537

SB 200. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th and others:
A bill to amend Code Section 27-4-253 of the Official Code of Georgia Anno tated, relating to the Aquaculture Development Commission, so as to change the requirements for membership in the commission; to provide for subcom mittees.
Referred to the Committee on Agriculture & Consumer Affairs.

SB 204. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the State Merit System of Person nel Administration generally, so as to change the definition of the term "working test"; to provide for the length of the working test period for troopers of the Uniform Division of the Department of Public Safety.
Referred to the Committee on State Planning & Community Affairs.

SB 207. By Senators Langford of the 29th and Madden of the 47th:
A bill to amend Code Section 33-23-1 of the Official Code of Georgia Anno tated, relating to definitions of terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, so as to provide that the term "adjuster" does not include a salaried employee of an insurer who adjusts claims.
Referred to the Committee on Insurance.

SB 258. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Clayton County into the office of tax commissioner, as amended, so as to change certain provisions relative to the compensation of the deputy tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 259. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 260. 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 deputy clerk of said court; to provide for the application of civil service benefits.
Referred to the Committee on State Planning & Community Affairs - Local.

538

JOURNAL OF THE HOUSE,

SB 261. By Senators Starr of the 44th and Thomas of the 10th:
A bill to provide that each resident of the Clayton County School District who is 65 years of age and older shall be granted an exemption from all Clayton County School District taxes on the full value of such person's home stead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for related matters; to provide for applicabil ity; to provide for a referendum.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 70. By Representatives Hegstrom of the 66th and Mobley of the 69th:
A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Anno tated, relating to the uniform rules of the road, so as to require the driver of a vehicle to stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the road way upon which the vehicle is traveling, or when the pedestrian is approach ing and is within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning.

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 Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Y Bates Y Benetield Y Birdsong
Y Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush YBuck Y Buckner
Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter
Chambless E Channell Y Childers Y Coker
Y Coleman, B Coleman, T
Y Connell Cox
Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
YDay N DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee
Golden Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris
YHart Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins
Johnson, G Y Johnson,J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein Y Ladd Y Lakly Y Lane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W N Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson
Y Streat E Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

MONDAY, FEBRUARY 6, 1995

539

On the passage of the Bill, the ayes were 156, nays 6. The Bill, having received the requisite constitutional majority, was passed.

HB 351. By Representatives Holmes of the 53rd, Canty of the 52nd, Goodwin of the 79th, Holland of the 157th and Kinnamon of the 4th:
A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Municipal Election Code," so as to change the time for fixing qualification fees; to provide that qualifying fees shall be fixed by municipal charter or ordinance for nonsalaried officers.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channel! Y Childers
Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Falls Y Felton Y Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall
Y Hegstrom Hembree
Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Y Lawrence Y Lee Y Lewis Y Lifsey
YLord Lucas
Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B E Randall Y Randolph
YRay Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins
Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 155. 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.

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

540

JOURNAL OF THE HOUSE,

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd
Y Godbee Golden
Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster
Polak Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Sinkiield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 165, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 228. By Representatives Polak of the 67th, Buck of the 135th, Smyre of the 136th, Stancil of the 91st, Lawrence of the 64th and others:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Edu cation Commission; to change certain definitions regarding tuition equaliza tion grants to include a qualified proprietary institution of higher education located in the state.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to expand the general powers and duties of the Nonpublic Postsecondary Education Commission; to change certain definitions regarding tuition equalization grants; to include a qualified proprietary institution of higher education located in the state; to provide criteria for the receipt of tuition equaliza tion grants; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes.

MONDAY, FEBRUARY 6, 1995

541

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, is amended by striking paragraphs (8) and (9) of subsec tion (b) of Code Section 20-3-250.5, relating to the general powers and duties of the Nonpublic Postsecondary Education Commission, and inserting in lieu thereof the following:
"(8) To receive and hold title to property, equipment, money, and materials; a4 (9) To contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of services or activities the commission deems necessary; and (10) To establish and promulgate regulations for qualified proprietary institutions whose students receive tuition equalization grants in accordance with the criteria set forth in subparagraph (C) of paragraph (2) of Code Section 20-3-411."
SECTION 2. Said article is further amended by striking the word "and" at the end of subparagraph (A) of paragraph (2), by striking the period at the end of subparagraph (B) of paragraph (2) and inserting in lieu thereof "; and", and by adding at the end of paragraph (2) of Code Section 20-3-411, relating to definitions regarding tuition equalization grants, a new subparagraph (C) to read as follows:
"(C)(i) A qualified proprietary institution of higher education located in this state which is a baccalaureate degree granting institution of higher education; which is accredited by a regional accrediting agency recognized by the United States Department of Education; which is not a Bible school or college (or, at the gradu ate level, a school or college of theology or divinity); which admits as regular stu dents only persons who have a high school diploma, a general education development (GED) certificate, or a degree from an accredited postsecondary institution; whose students are eligible to participate in the federal Pell Grant program; which has been reviewed and approved for operation and for receipt of tuition equalization grant funds by the Georgia Nonpublic Postsecondary Educa tion Commission; and which has been in existence for at least ten years; provided, however, that the criteria for approval for receipt of tuition equalization grant funds shall include but not be limited to areas of course study, quality of instruc tion, student placement rate, research and library sources, faculty, support staff, financial resources, physical plant facilities resources, and support and equipment resources. (ii) Any proprietary institution that is otherwise qualified pursuant to division (i) of this subparagraph on the effective date of this Act shall be deemed to be eligi ble for receipt of tuition equalization grant funds subject, however, to any subse quent review of such approval pursuant to any proper regulations which may thereafter be adopted in accordance with paragraph (10) of subsection (b) of Code Section 20-3-250.5 applicable to all qualified proprietary institutions."
SECTION 3. This Act shall become effective on July 1, 1995.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker

Y Bannister Y Barfoot Y Bargeron

N Barnard N Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick N Breedlove Y Brooks, D

542

JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner
Y Bunn
Y Burkhalter
Y Byrd
Y Campbell
Y Canty
Y Carter
Y Chambless
E Channell
Y Childers
Y Coker
Y Coleman, B
Y Coleman, T
Y Connell
YCox
Y Crawford
Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs

Y Ehrhart
YEpps N Evans
Y Falls Y Felton Y Floyd
Godbee
Y Golden Y Goodwill
Y Greene Y Grindley
Manner Y Harbin
N Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hugley Y Irvin Y James E Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones

N Joyce N Kaye Y Kinnamon Y Klein YLadd Y Lakly N Lane Y Lawrence YLee N Lewis Y Lifsey Y Lord Y Lucas Y Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster

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 Rogers Y Royal N Sanders Y Sauder Y Scoggins N Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling

Y Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Y Teague Y Teper Y Thomas Y Tillman
Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B
N Williams, J Y Williams, R Y Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

HR 159. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A resolution consenting to the annexation of certain state owned real prop erty located in Floyd County into the corporate limits of the City of Cave Spring.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 195. By Representative Burkhalter of the 41st: A resolution designating the Old Milton Parkway.

The following Committee substitute was read and adopted:

A RESOLUTION
Designating the Old Milton Parkway and the Old Milton County Bridge; and for other purposes.
WHEREAS, Milton County was merged with Fulton County by an Act of the General Assembly of Georgia in 1931; and

MONDAY, FEBRUARY 6, 1995

543

WHEREAS, upon its merger with Fulton County, Milton County ceased to have legal exis tence; and
WHEREAS, although Milton County ceased to exist legally as a separate county, it has remained in the hearts and minds of its former citizens; and
WHEREAS, in recognition of the existence of the former Milton County and its unique place in the history of the State of Georgia, it is a fitting remembrance of Milton County to designate a major thoroughfare in that portion of Fulton County which was formerly Milton County as Old Milton Parkway and to designate the bridge overpass on Georgia Highway 120 over Georgia 400 as Old Milton County Bridge.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that that portion of Georgia Highway 120 between Haynes Bridge Road on the west and its intersection with State Bridge Road on the east in the City of Alpharetta, Georgia, is designated as Old Milton Parkway and the bridge overpass on Georgia Highway 120 over Georgia 400 is designated as Old Milton County Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Old Milton Parkway and the Old Milton County Bridge.

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 121, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 189. By Representatives Howard of the 118th, Murphy of the 18th, Connell of the 115th, Brooks of the 54th, Brown of the 117th and others:
A resolution designating a portion of State Highway 56 as the Michael J. Padget, Sr., Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 103, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 153. By Representatives Smith of the 175th, Martin of the 47th, Epps of the 131st and Shanahan of the 10th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to redefine the term "absentee elector" to provide that persons who are unable to be present at the polls on election day because such persons are providing care to a physically disabled person may qualify as absentee electors.

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 Bailey Y Baker

Y Bannister Y Barfoot
Bargeron

Y Barnard Y Barnes
Bates

Y Benefield Y Birdsong Y Bordeaux

Bostick Y Breedlove Y Brooks, D

544

JOURNAL OF THE HOUSE,

Y Brooks, T Y Brown, G Y Brown, J
Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart
Y Epps Y Evans Y Falls Y Felton
Y Floyd Y Godbee Y Golden Y Goodwill Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson. J Y Johnston Y Jones

Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly
Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinhoister

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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Simpson Sinkfield Y Skipper Y Smith. C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, \ Y Smith, W Y Smyre Y Snelling

Y Snow
Y Stallings
Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Y Streat
E Taylor Y Teague Y Teper Y Thomas Y Tillman
Y Titus
Y Towery
Y Trense
Turnquest
Y Twiggs
Y Walker, L
Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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

HR 156. By Representatives Twiggs of the 8th, Jamieson of the 22nd and Watts of the 26th:
A resolution designating the Blairsville Sorghum Festival as the Official Sor ghum Festival of the State of Georgia.

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

Y Ashe Bailey
Y Baker Y Bannister Y Bartoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, I) Y Brooks, T Y Brown, G Y Brown, J
Brush YBuck Y Buckner Y Bunn

Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chamblesb E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G

Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwill Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall
Hegstrom

Y Hembree
Y Henson
Y Holland
Y Holmes Howard
Y Hudson Y Hugley Y Irvin Y James E Jamieson Y Jenkins
Y Johnson, G
Johnson, J
Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon
Y Klein
Y Ladd
Y Lakly
YLane

Y Lawrence YLee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish

MONDAY, FEBRUARY 6, 1995

545

Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Roval Y Sanders Y Sauder Y Scoggins
Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Smelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L

Stanley, I' Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L

Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 162, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 161. By Representatives Lord of the 121st and Bargeron of the 120th: A resolution designating the Rosa M. Tarbutton Memorial Library.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 326. By Representative Skipper of the 137th:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to general provisions applicable to professions and businesses, so as to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to gen eral provisions applicable to professions and businesses, so as to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern; to provide for effect and confidentiality of such letters of concern; to authorize examining boards to impose certain fees or charges to cover the cost of investigations or disciplinary proceedings; to provide that litigation costs and attor ney's fees may be assessed for frivolous appeals; to require a licensed individual who is convicted of a felony to notify the appropriate licensing authority of such conviction; to authorize a penalty for failure to provide such notification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provi sions applicable to professions and businesses, is amended by striking the word "or" at the end of paragraph (6) of subsection (d) of Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and application of the "Georgia Administrative Pro cedure Act"; by striking the symbol "." at the end of paragraph (7) of such subsection and inserting in lieu thereof the symbol and word "; or"; and by inserting at the end of such subsection the following:

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"(9) Impose on a licensee or applicant fees or charges in an amount necessary to reim burse an examining board for the administrative costs incurred by the board in con ducting an investigative or disciplinary proceeding."
SECTION 2. Said chapter is further amended by striking in its entirety subsections (f) and (j) of Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and applica tion of the "Georgia Administrative Procedure Act," and inserting in lieu thereof, respec tively, the following:
"(f) Initial judicial review of a final decision of a state examining board shall be had solely in the superior court of the county of domicile of the board. The court may assess reasonable and necessary attorney's fees and expenses of litigation m any such review if, upon the motion of the state examining board or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, 'lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious." "(j) Neither the issuance of a private reprimand nor the denial of a license by reciproc ity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the licensee or applicant."
SECTION 3. Said chapter is further amended by adding following Code Section 43-1-26 a new Code Section 43-1-27 to read as follows:
"43-1-27.
Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsec tion (a) of Code Section 43-1-19 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be consid ered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Birdsong
Y Bordeaux Y Bostick
N Breedlove
Y Brooks, D Y Brooks, T Y Brown, G
Y Brown, J Y Brush Y Buck

Y Buckner
N Bunn Y Burkhalter
Y Byrd
Y Campbell N Canty Y Carter
Chambless E Channel! Y Childers

Y Coker
Y Coleman, B Y Coleman, T
Y Connell
Y Cox N Crawtord Y Crews
Y Culbreth Y Cummings
Davis, G

N Davis, M
Y Day Y DeLoach, B
Y DeLoach, G
Y Dix Y Dixon, H Y Dixon, S
N Dobbs Y Ehrhart Y Epps

MONDAY, FEBRUARY 6, 1995

547

N Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom
Y Hembree Henson
Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James E Jamieson

Y Jenkins N Johnson, G Y Johnson, J Y Johnston
Jones N Joyce YKaye Y Kinnamun Y Klein YLadd Y Lakly N Lane Y Lawrence YLee N Lewis Y Lifsey YLord Y Lucas Y Maddox
Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills

Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal

N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Simpson Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Stanley, P Y Stephenson

Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Y Turnquest N Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 147, nays 17.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Chambless of the 163rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

HB 335. By Representatives Skipper of the 137th, Powell of the 23rd and Watson of the 139th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise provisions relating to the regulation and licensure of persons dealing in used motor vehicles and used motor vehicle parts; to define terms; to provide for a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers.

The following Committee substitute was read and adopted:

A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to extensively revise provisions relating to the regulation and licensure of persons dealing in used motor vehicles and used motor vehicle parts; to define terms; to provide for a State Board of Registration of Used Car Dealers and Used Motor Vehicle Parts Dealers; to provide for the membership, powers, duties, and operation of the board; to provide for divisions of the board and their membership, powers, duties, and operations; to require licensure; to provide for requirements for licensure; to provide for regulation of operations of licensees and for prohibited activities by licensees and other persons; to pro vide licensing sanctions, administrative penalties, civil penalties, and criminal penalties; to provide for rules and regulations; to provide for continued viability of former rules and regulations; to provide for transitional provisions; to repeal certain specific laws; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Chapter 47, relating to regulation of used car dealers, and inserting in its place a new Chapter 47 to read as follows:
"CHAPTER 47
43-47-1.
This chapter shall be known as the 'Used Motor Vehicle Gttr Dealers' and Used Motor Vehicle Parts Dealers' Registration Act.'
43-47-2.
As used in this chapter, the term: (1) 'Board' means the State Board of Registration of Used Get Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. (2) 'Dismantled means any person, partnership, limited liability company, firm, or corporation engaged in the business of acquiring wrecked, abandoned, or reparable motor vehicles and selling either the usable parts, the motor vehicle as a unit, or the hulk of the motor vehicle after the usable parts have been removed. Without limiting any of the foregoing, for the purposes of this chapter, a person, partnership, limited liability company, firm, or corporation shall be presumed to be engaged in the busi ness of auto dismantling if he, she, or it possesses ten or more inoperative motor vehi cles for more than 45 days unless such vehicles are scrap vehicles being held by a scrap metal processor for recycling scrap metal, vehicles awaiting repairs being held by a repair business, or vehicles being held for other reasons as may be prescribed by the board. (3)43) 'Established place of business' means a salesroom or sales office in a building J 23 S2 open lot of a retail used car dealership; which salesroom ef sales office is
from any other business and marked by n appropriate sign, and or at which a per manent business of bartering, trading, offering, displaying, selling, buying, disman tling, or rebuilding wrecked or used motor vehicles or parts and selling ef used meter vehicles is carried on 2 or the place at which in good faith. Used ear dealers, wholesale and retail, shall keep and maintain the books, records, and files necessary to conduct such business are kept. Each such place of business ef a used ear dealer shall be fur nished with a working telephone listed in the name of the licensee for use in conduct ing the business and shall be marked by an appropriate permanent sign as prescribed by the appropriate division under this chapter. (4) 'Financial institution' means a finance company or a banking institution or any subsidiary of a finance company or banking institution which engages solely in the financing or leasing of motor vehicles. Such term shall not mean a pawnbroker as such term is defined in Code Section 44-12-130. (5) 'Licensee' means any person who is required to be licensed or who ]s actually licensed under this chapter. (6) 'Major component part' means one of the subassemblies of a motor vehicle as defined in paragraph (9) of Code Section 40-3-2. (7_H3) 'Motor vehicle' or 'car' means every vehicle which is self-propelled and required to be registered under the laws of this state, except trackless trolleys (which are classi fied as streetcars), airplanes, motorboats, motorcycles, motor driven cycles, or go-carts. (8) 'Motor vehicle broker' means a person who, for a commission or with the intent to make a profit or gain of money or other thing of value, negotiates or attempts to negotiate the sale of a motor vehicle on behalf of another. Such term shall not mean any person engaged in the solicitation, negotiation, or advertising of the sale of used motor vehicles or any owner of real property who allows the display of used motor vehicles on such property if the sale of such vehicles is made by a used car dealer or a financial institution.

MONDAY, FEBRUARY 6, 1995

549

(9) 'Part' means any used motor vehicle part that has been installed as standard or optional equipment on a motor vehicle, has been removed from the motor vehicle on which it was originally attached or affixed, and is the subject of sale or resale as a part and not as scrap. (10)44) 'Person' means any individual, partnership, limited liability company, firm, association, corporation, or combination of individuals of whatever form or character. (11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying more than three used, salvage, or wrecked motor vehicles per year for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles. (12) 'Salvage dealer' means any person, firm, or corporation who purchases a salvage vehicle or parts of a salvage vehicle for purposes of resale as parts only or as salvage. (13) 'Salvage pool' or 'salvage disposal sale' means a sale at auction or by private bid of wrecked or reparable motor vehicles, either at wholesale or retail, by insurance com panies, underwriters, or dealers. (14) 'Salvage vehicle' means any vehicle which:
(A) Has been damaged, crushed, or otherwise reduced to such a state that its resto ration would require the replacement of two or more major component parts; (B) Has been acquired by an insurance company as a result of the vehicle's being damaged to the extent that its restoration to an operable condition would require the replacement of two or more major component parts or for which the insurance company has paid a total loss claim, excluding recovered total theft vehicles which do not require the replacement of two or more major component parts for restora tion; or (C) Is an imported vehicle which has been damaged in shipment and disclaimed by the manufacturer as a result of the damage, has never been the subject of a retail sale to a consumer, and has never been issued a certificate of title. (15) 'Scrap vehicle' means any vehicle which has been wrecked, destroyed, or damaged to the extent that it cannot be economically repaired, rebuilt, or made operable or roadworthy. (16){6) 'Used motor vehicle' or 'used car' means any motor vehicle or car other than a motor vehicle which has never been the subject of a retail sale by a new motor vehi cle dealer or a used motor vehicle dealer and which is the subject of a retail sale to a consumer for his or her own use or of a fe* resale or te other licensed dealers to another licensed dealer. (17K6)(A) 'Used motor vehicle dealer'2 er 'used car dealer/ or 'licensee' means any person who, for commission or with intent to make a profit or gain of money or other thing of value, sells, exchanges, rents with option to purchase, offers, or attempts to negotiate a sale or exchange of an interest in used motor vehicles or who is engaged wholly or in part in the business of selling used motor vehicles, whether or not such motor vehicles are owned by such person. A motor vehicle bro ker who, fer commission of with intent te make a profit er gain ef money or other
behalf ef another shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any person who knowingly allows the dis play of five or more used motor vehicles on his or her real property within a 12 month period by other persons for the purpose of offering such used motor vehicles for sale, with intent to make a profit or gain of money or other thing of value, shall be deemed a licensee motor vehicle broker for the purposes of this chapter. Any independent motor vehicle leasing agency which sells or offers for sale used motor vehicles shall be deemed to be a used motor vehicle dealer or a used car dealer for the purposes of this chapter. Any motor vehicle auction company selling or offering for sale used motor vehicles to independent motor vehicle dealers or to individual consumers shall be deemed to be a used motor vehicle dcalcra dealer or used car dealers dealer for the purposes of this chapter. Without limiting any of the forego ing, the The sale of five or more used motor vehicles in any one calendar year shall be prima-facie evidence that a person is engaged in the business of selling used

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motor vehicles. The term 'motor vehicle broker' shall net mean any person engaged in the solicitation, negotiation, er advertising ef the sates of used motor vehicles, tf the sales ef- auch used motor vehicles ate made fey used ear dealers or financial insti-
uscd meter vehicles en his er her property, if the sates of such used motor vehicles are made fey used ear dealers er financial institutions. Financial institutions as used in this chapter shall not include a pawnbroker as defined in Code Section 44-12-130; provided, however, a pawnbroker who disposes of all repossessed motor vehicles by selling or exchanging his or her interest in such motor vehicles only to licensees under this chapter shall not be considered a used motor vehicle dealer under this chapter as long as such pawnbroker does not otherwise engage in activities which would bring him or her under the licensing requirements of this chapter.
mete* vehicle dealer whe is engaged in the business ef selling used motor vehicles te consumers and other licensed dealers. \u)--w nolcsalc used meter vcniclc dealer ef wholesale used ear dealer means any used motor vcniclc dealer wno is engaged tn tnc business ef selling used motor vehicles solely te other licensed dealers. (B) 'Used motor vehicle dealer' or 'used car dealer' does not include: (i) Franchised motor vehicle dealers and their wholly owned and controlled sub sidiaries operating in the county in which their franchise is located or operating as a direct dealer of a manufacturer; (ii) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court; (iii) Public officers while performing their official duties; (iv) Persons disposing of motor vehicles acquired for their own use when the same shall have been acquired and used in good faith and not for the purpose of avoiding the provisions of this chapter. Evidence Preef of good faith, as pro vided in this division, shall consist of the fact that the vehicle is properly titled and registered in the name of the transferor; (v) Financial institutions when the financial institution Finance companies, banking institutions, and subsidiaries ef a finance company er banking institution when the company, institution, er subsidiary sells its repossessed or leased motor vehicles. A subsidiary, fer purposes ef this division, is a subsidiary which engages solely in financing er leasing ef motor vehicles Finance companies, for purposes of this chapter, shall not include a pawnbroker as defined in Code Section 44-12-130; (vi) Insurance companies who sell motor vehicles to which they have taken title as an incident of payments made under policies of insurance; (vii) Persons, firms, or corporations who act as agents for insurance companies for the purpose of soliciting insurance for motor vehicles; (viii) Persons, firms, or corporations engaged in a business other than as a used car dealer, as defined in divisions (i) through (vii) of this subparagraph, who sell motor vehicles traded in as a part of the purchase price of an article other than a motor vehicle and which has have not been acquired by direct purchase for cash, and which business is not for the purpose of violating this chapter; or (ix) Persons, firms, or corporations which sell only vehicles which will not be used primarily for transportation purposes, including, but not limited to, antique auto mobiles, classic automobiles, and automobiles sold solely as speculative invest ments. In determining whether a vehicle or vehicles will not be used primarily for transportation purposes, the board may rely on the representations, written or oral, made regarding the vehicles, but may also look at any other relevant evi dence. (C) Notwithstanding anything te the contrary contained m this subparagraph, the

uIlHCQ ift trOuC OCCtlOH 44~ifi"loU, WHO t9 6ft8*Cu tft tflC SfllC Or US6u IBOt
etesr

MONDAY, FEBRUARY 6, 1995

551

(18) 'Used motor vehicle parts dealer' or 'used parts dealer' means any person, part nership, limited liability company, firm, or corporation buying, selling, or using motor vehicle parts, either as a used motor vehicle parts dealer, a motor vehicle dismantles a motor vehicle rebuilder, a salvage pool dealer, or a salvage dealer.
43-47-3.
(a) There is created a State Board of Registration of Used Gar Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers. The board shall be comprised of 12 15 members:
(1) One member shall be a franchiscd motor vehicle dealer having used ear operations; (1X2) Three Four members shall be independent used car dealers; (2){3) Three Four members shall be appointed from the public at large and shall have no connection whatsoever with the sale of used cars or parts; ()i4) The director of the Motor Vehicle Division of the Department of Revenue, or Iris a designated agent, shall be a permanent ex officio member and shall be autho rized to vote on all matters before the board; (4H&) The administrator of the Fair Business Practices Act director ef the Governor's Office ef Consumer Affairs, or }ris a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board; and (5_H6) One member shall be a representative of the automobile auction industry^ (6) One member shall be an auto salvage pool operator; (7) Two members shall be used motor vehicle parts dealers who are not rebuilders; (8) One member shall be a rebuilder; (9) One member shall be a pawnbroker as defined in Code Section 44-12-130 who is in the business of pawning automobile titles and is licensed as a used car dealer; and (10) One member shall be a representative of the automobile insurance industry.
(\\\ Thr trrrni ~,f thr nirrrnt mrmVirr^i nf tVip hnnrH qt^nll nrnirp p~ Tunr OQ 1 OOfl T'fip
members of the board referred to in paragraphs (1), (2), (3^ and {6) (5), (6), (7), (8), (9), and (10) of subsection (a) of this Code section shall be appointed by the Governor and shall take office on July 1, 1995, or as soon thereafter as appointed 1000. The initial terms of the those 13 ten appointed members shall expire as follows: three twe on June 30, 1996 1992; three twe on June 30, 1997 1093; three two on June 30, 1998 1994; and four twe on June 30, 1999 1996} and two em Jane 867 1996. Thereafter, the appointed members of the board shall serve terms of four years. Successors te these terms shall be appointed for terms ef five years. All members shall be residents of this state. No more than two None of the appointed members shall be from the same congressional district. The terms of the two ex officio members shall be coextensive with their terms of office. (c) Any vacancies on the board shall be filled by the Governor for the remainder of the unexpired term. The members of the board shall annually elect one of their number to serve as chairman chairperson for a term of one year, two years. The board chairperson shall not also serve contemporaneously as the chairperson of either division under this chapter. The first term as chairperson of the board shall be served by a member or members elected from either division under this chapter; thereafter, the chairperson for each succeeding term shall not be elected from the same division as that of the chairper son from the immediately preceding term. In the event a chairperson of the board is unable to complete his or her term, his or her successor for the remainder of the term shall be elected from the same division as was the chairperson who is unable to complete the term. The chairperson of the board shall be an ex officio member of both divisions under this chapter, however, the chairperson of the board shall not be counted for pur poses of determining whether a quorum is present in the division meeting for the divi sion in which he or she is not a regular member.
(d)(l) The board shall be composed of two divisions, a used car division and a used parts division. (2) The members of the used car division shall be the three independent used car dealers, two of the members from the public at large, the director of the Motor Vehi cle Division of the Department of Revenue or a designated agent, the administrator of the Fair Business Practices Act or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to

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used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the director of the Motor Vehicle Division of the Department of Revenue or a designated agent, the auto salvage pool operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder, and the representative of the automobile insurance industry. All powers and duties relating to used parts dealers which are not specifically reserved to the board shall be assigned to the used parts division. The used parts division shall elect one of its members to serve as chairperson of the divi sion for a period of one year. (4) The chairperson of the board shall determine which of the two members from the public at large will serve in the used car division and which shall serve in the used parts division.
43-47-4.
The joint-secretary shall be the secretary of the board and of the divisions. He or she shall issue licenses and certificates and perform such other duties as the board or the divisions may direct to carry out this chapter.
43-47-5.
The members of the board shall be reimbursed for their duties as board members and as division members as provided for in subsection (f) of Code Section 43-1-2.
43-47-6.
All powers and duties under this chapter not specifically reserved to the board shall be the powers and duties of the division. The board shall have the following powers and duties:
(1) To receive applications for registration of used ear dealers and te license such dealers in the manner provided by tew licensees and to forward them to the appropri ate division; \&)--A o deny t license of peruse to renew ft license or TO suspend or revoKe fl dectlei* s
(2)(3) To make such rules and regulations as may be necessary to effectuate the administration and enforcement of this chapter; and (3) To arrange for all new applicants to have a criminal background check, which background check shall be mandatory. The applicant's fingerprints shall be forwarded to the Georgia Crime Information Center which shall run a criminal background check on the applicant and provide the results of the background check to the board. Addi tionally, the applicant's fingerprints will be forwarded to the Federal Bureau of Inves tigation for a national criminal history record check; (4) To publish on or before September 1. of each year an alphabetical listing of all licensees pursuant to this chapter and to distribute copies of the same, if requested, to the Department of Public Safety, the Department of Revenue, and the Georgia Bureau of Investigation, to all sheriffs in this state, and to all county and municipal police departments in this state; (5) To establish a fee for a license for each principal place of business and a fee for a supplemental license for each place of business not immediately adjacent to the principal place of business. The board may establish separate schedules of fees for such licenses depending on whether the applicant begins to do business as a licensee prior to or after the issuance of any such license; and (6}f4) To do all other things necessary and proper to carry out the powers and duties listed in this Code section this chapter.
43-47-7.
(a) Except as provided in subsection {fe) ef this Code section, it It shall be unlawful for any person to operate as a used motor vehicle dealer in this state without first register ing and obtaining a license from the used car division board as provided in this chapter.

MONDAY, FEBRUARY 6, 1995

553

(b) It shall be unlawful for any person to operate as a used motor vehicle parts dealer in this state without first registering and obtaining a license from the used parts division as provided in this chapter. Any independent motor vehicle leasing agency or meter
to register and ootain a license under tnio cnapter moy continue re sell or oiicr ter sole used motor vehicles as a part ef such business pending liccnaurc by the board, provided that such persons shall comply with aH requirements for registration and shall obtain a license te operate as a used motor vehicle dealer e er before January ly 1080. (c) It shall be unlawful for any used car dealer or any used parts dealer willfully to fail to keep the records required to be kept by this chapter.
43-47-8.
(a) Applications for a license as a used ear dealer shall be made to the board, shall con tain the information required by this chapter, and shall be accompanied by the fee pre scribed by the board. Each applicant for a new license shall submit to the board such information as may be required by the Georgia Crime Information Center and by the Federal Bureau of Investigation, including classifiable sets of fingerprints, an affidavit by the applicant disclosing the date and nature of any conviction for the violation of any crime involving violence2 a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carrying, possession of a dangerous weapon, or moral turpitude, and such fee fees as may be set by the Georgia Crime Infor mation Center and by the Federal Bureau of Investigation for a records check compari son by the Georgia Crime Information Center and by the Federal Bureau of Investigation. Application for a license under this chapter shall constitute consent for performance of a records check comparison. The board shall contract with the Georgia Crime Information Center for the performance ef a records check en aH applicants fer a new license. (b) A division under this chapter The board shall not issue or renew any retail used ear dealer's license unless the applicant or holder thereof shall show that he or she main tains an established place of business as defined in Code Section 43-47-2. \c)--l ii6 DOflrci snail c8t8Dli9i a tee TOP ft license lor each prmcipal place of ousiness find a fee for a supplemental license fof each ear lot not immediately adjacent to the ppinci
licenses depending on wnetncr tne applicant oc[ins to do ousmcss as a used C&F deflicr prior to o? alter trie issuance of any sucn license. (d)(c) All licenses issued under this chapter shall be renewable biennially. The divisions feeard may establish continuing education requirements for license renewals. {e)(d) Each division may require either application fer a new license shall show that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the divi sion and administered by the joint-secretary board. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements of this chapter, including books and records to be kept; requirements of the Motor Vehicle Title Division and the Sales and Use Tax Division of the Department of Revenue; and such other information as in the opinion of the division board will promote good business practices. No such seminar shall exceed one day in length. {f-He) Supplemental licenses shall be issued for each place of business operated or pro posed to be operated by the licensee that is not contiguous to other premises for which a license is issued. {g}(f) Each application for a license shall also show that the licensee used ear dealer has obtained, or has applied for, a certificate of registration, Department of Revenue Form ST-2, commonly known as a sales tax number certificate. The board shall not renew any license unless the applicant or holder thereof shall show that he or she maintains a cer tificate of registration, Department of Revenue Form ST-2, under the laws of this state providing for issuance of such certificates. {h)(g) Each application for a license shall show that the prospective licensee has or has made provision for a bond. The required bond shall be executed with a surety company duly authorized to do business in this state and shall be payable to the Governor for

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the use and benefit of any purchaser and vendees or successors in title of any used motor vehicle and shall be conditioned to pay all loss, damages, and expenses that may be sustained by such purchaser, his or her vendees, or successors in title that may be occasioned by reason of any fraudulent misrepresentation deceptive practice, or unfair practice or by reason of any breach of warranty as to such used vehicle. (i}(h) The bond shall be in the amount of $20,000.00 for used car dealers and $10,000.00 for used parts dealers and shall be filed, immediately upon the granting of the license, with the joint-secretary; by the licensee and shall be approved by the joint-secretary as to form and as to the solvency of the surety. The prospective licensee may file the required bond with the joint-secretary for the joint-secretary's approval prior to the granting of a license. {j}(jl No licensee shall cancel, or cause to be canceled, a bond issued pursuant to this Code section unless the appropriate division board is informed in writing by a certified letter at least 30 days prior to the proposed cancellation. {k-} (j) If the surety or licensee cancels the bond and the licensee fails to submit, within ten days of the effective date of the cancellation, a new bond, the division feear4 may revoke his or her license. ft)(k) Each application for a license shall show that the licensee dealer maintains tat automobile dealer's public liability and property damage insurance with liability limits of not less than $50,000.00 per person and $100,000.00 per accident, personal insurance liability coverage, and $25,000.00 property damage liability coverage. The board may, in rts discretion, permit seli"insur9ncc tR lieu of ft bond or Dond of insuPftnee n rt decides tnfit tne tittftncisi fluiiity of tne desier w&pp&nts SUCH privilege OF tt ft "is sfttisiied tnot
pay judgments obtained or claims against the applicant er licensee. The board may issue te the applicant, licensee, or dealer a certificate ef self-insurance. T-ne board fnay cancel such self-insurance upon reasonable grounds, such as failure te pay within 36 days after
determined tnat tnc applicant is liable tor damages under tnis cnaptcr. Any licensee under Chapter 6 of this title shall be exempt from the requirements of this subsection. {mKl) Each division may authorize the joint-secretary to issue a license when he or she has received the bond required by subsection (h) of this Code section, the proof of insur ance required by subsection (1) of this Code section, and a fingerprint card for submis sion to the Georgia Crime Information Center and to the Federal Bureau of Investigation. Each completed application for a permanent license shall be reviewed by the appropriate division, which may deny licensure for any good reason under this chap ter. Any other provision of law to the contrary notwithstanding, each applicant for a license pursuant to the provisions of this Code section shall agree in writing in the appli cation that if the applicant makes a false statement on the application or if the criminal record check returned from the Georgia Crime Information Center or from the Federal Bureau of Investigation reveals a conviction of or an entry of a plea of nolo contendere to a crime involving the use of violence, a used motor vehicle, or illegal drugs; tax eva sion or failure to pay taxes; any crime involving the illegal use or possession of a danger ous weapon; or any crime involving moral turpitude, then the division shall be authorized to suspend the license without a prior hearing. The divisions shall each meet as needed, in their discretion. The board shall meet at least once each quarter and upon the call of the board chairperson for any special sessions, application for a new license shall be acted en by the beard at its ne*t regular meeting. The beard may, in its discretion, issue ft temporflpy license pending receipt of tne records cnecK required m SUDSCCTM tion \fl/ of tins Oode section upon submission of fill miopmfttion recjuircd under tnis
issuflnce of ft permanent license of until denifti of licensupe by tne oo&rd. \ti)--INotwitfistftnuin snytnin^ TO tne contpftpy contflined eisewnerc ttt tnis cntiptcr, no person, iipm, or corpopfttion wnicn is pnmflnly engft^ed m tne business of lessing, renting, er brokering automobiles, er which is primarily engaged in the business ef- beg a pawnbroker, as defined in Code Section 44-12-130, snaH be required under this chapter te have their permanent location in a building en an open let; te be physically separated

MONDAY, FEBRUARY 6, 1995

555

IPOIR ftny other business, OP to i&e morKCd oy ft sign wnicn indicQtcs tiist tne business

mcftns tnfiti trie gross intftKe ironi tne direct, r8.trier tnfln uroKGrcd, Sfile of used motof
k its entirety. Inspectors investigators acting en behalf ef -the board flaay inspect nd copy the income records ef the buoincss f-er purposes ef determining whether there has been compliance with this requirement; any such records shall fee maintained fey the
determining compliance with this subsection. \o/--iNotwitnstflnding ftnytning to trie contpflry contflined eisewncrc VR this cnflptep, fto

ipom ftny other business, OP TO "be fiifipKed by ft sign wnicn indicfltcs tnftt tne Business is ft tised cftf de&icr.
43-47-9.
The licenses issued pursuant to this chapter shall specify the location of each place of business or branch or other location occupied or to be occupied by the licensee in con ducting his or her business; and the license or supplemental license issued therefor shall be conspicuously displayed on each of such premises. In the event any such location is changed, the appropriate division board shall endorse the change of location on the license without charge.
43-47-10. (a) The board or each division may, upon its own motion, and shall, upon the verified complaint in writing of any person, investigate the actions of any licensee used eat dealer or anyone who shall assume to act in such capacity. Each division shall have power, in addition to the other powers authorized by this chapter, to revoke or to sus pend a license for a specified time, to be determined in its discretion, or to invoke such other lesser sanctions, including but not limited to the imposition of fines and penalty fees, which the board is hereby authorized to create by rule,; and the feeat shall have power, ift flddition to ttie of/fter powers fttitftonzed Dy wiis cfiflptcr, to suspend lor ft specificd time, te fee determined in its discretion, or revoke any license issued by virtue f
(1) The licensee used ear dealer is found by a majority of the members of the board to have committed any one or more of the following:
(A) Material misstatement in an application for a license; (B) Willful and intentional failure to comply with any provisions of this chapter or any lawful rule or regulation issued by the board under this chapter; (C) Making any substantial misrepresentation; (D) Making any false promises of a character likely to influence, persuade, or induce; (E) Pursuing a continued and flagrant course of misrepresentation or the making of false promises through agents, salesmen salespersons, advertising, or otherwise; (F) Failure to account for or to remit any moneys coming into his or her possession which belong to others; (G) Paying a commission te er sharing ef participating in a commission, satey or otiicp tpftnsflc110n to OP witn sfty person opcpfttin^ H^ flny county under the junsdicTM tien ef the board net licensed under this chapter; (GKH) Having demonstrated unworthiness or incompetency to act as a licensee used eat dealer in such manner as to safeguard the interest of the public; (H){i) Fraud or fraudulent practicez unfair and deceptive acts or practices, mislead ing acts or practices, or untrustworthiness or incompetency to act as a used ea* dealer licensee, including, but not limited to, the failure to provide the appropriate odometer disclosure forms required by law or knowingly selling or offering for sale any used car on which the odometer has been tampered with to reflect lower than the actual mileage the car has been driven;

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The intentional use of any false, fraudulent, or forged statement or document or the use of any fraudulent, deceitful, dishonest, or immoral practice in connection with any of the licensing requirements as provided for in this chapter; (JHK) The commission of any crime involving violence^ a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use, carry ing, or possession of a dangerous weapon er moral turpitude; the conviction of, plea of guilty to, or plea of nolo contendere to a crime involving violencej a used motor vehicle, illegal drugs, tax evasion, failure to pay taxes, or any crime involving the illegal use; carrying, or possession of a dangerous weapon or moral turpitude shall be conclusive evidence of the commission of such crime; A f-me er sentence based on s conviction ot^ ft plcft ot guilty to, of pics of nolo contender to ~fl cnflr^c "Of indictment by cither the federal or state governments f-er tax evasion or failure te pay taxes shall be considered a crime involving moral turpitude; (KKL) Use of untruthful or improbable statements or flamboyant or extravagant claims concerning such licensee's excellence or abilities;
(LKM) The performance of any dishonorable or unethical conduct likely to deceive, defraud, mislead, unfairly treat, or harm the public; (M){M) The use of any false or fraudulent statement in any document in connection
with the business as a licensee used ear dealer; (NX) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of2 or conspiring to violate any of the provisions of this chap
ter, including but not limited to (i) the failure to maintain the certificate of registra tion required by Code Section 43-47-8 and (ii) the failure to keep records required by this chapter;
(0)(P) Any other conduct, whether of the same or a different character than here tofore specified, which constitutes dishonest dealing;
PHQ}(i) Any of the following activities by an automobile auction:
(I) Allowing a motor vehicle to be sold through an auction where the seller's name does not appear on the face of the title; (II) Failing to refund all of the purchase price to the buyer when the title and
tag receipt are not assigned to and processed for the buyer within 21 days of the purchase; (III) Failing to make available to the board, for investigative purposes, auction
records of a seller, for the purpose of determining if a seller sold more than five motor vehicles in a calendar year; provided, however, that the board shall give the auction reasonable notice during normal working hours;
(IV) Failing to disclose in a conspicuous manner on the bill of sale that a buyer is entitled to a refund of all of the purchase price when the title and tag receipt are not assigned and processed within 21 days of the purchase; (V) Failing to include on the bill of sale any warranty disclaimer; or
(VI) Accepting or delivering a certificate of title signed in blank. (ii) The provisions of this subparagraph shall not apply where:
(I) The sale of the motor vehicle is not open to the general public;
(II) Either the seller or purchaser of the vehicle is a licensed used car dealer; (III) The motor vehicle is sold as a repossessed or abandoned vehicle; or (IV) The motor vehicle is sold on behalf of any government agency or by court
order. (iii) A violation of this subparagraph shall also be grounds for suspension or cen sure of a license under Code Section 43-6-18, and any auction violating this sub-
paragraph may be required by the board to surrender its master tag; ef (QHR) Acting to obtain or holding a license on behalf of another person who was previously denied a license or had a license suspended or revoked under this chap ter; in making determinations under this subparagraph, the division beard may look
at any competent evidence, including, but not limited to, who actually directs the activities at the business dealership and who actually receives the proceeds from the
business dealership; or (R) Having purchased, concealed, possessed, or otherwise acquired or disposed of a vehicle, knowing the same to be stolen;

MONDAY, FEBRUARY 6, 1995

557

(S) Having failed to meet and maintain the requirements for issuance of a license as provided for in this chapter; (T) Having failed to pay within 30 days after written demand from the board any fees or penalties due on vehicles acquired for dismantling or rebuilding; (U) Having willfully failed to keep or maintain the records required to be kept by this chapter; or (V) Having failed to include the number of their license under this chapter in any and all advertising for the business conducted under the license; or (2) A majority of the members of the division feeari find that the licensee liccnacd used ea* dealer failed to establish, maintain, or monitor procedural safeguards to ensure that the following activities do not occur at the business dealership, regardless of whether the licensee dealer had actual knowledge of any such activity or activities or regardless of whether there was an intent on the part of any person to engage in any such activity or activities: (A) Unfair and deceptive acts or practices as defined in Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975'; (B) Any of those activities described in paragraphs (1) through (5) of Code Section 40-3-90; or (C) Failure to obtain a certificate of title for a purchaser. (b) Two full time inspectors shall be assigned by the joint-secretary for the exclusive se
iu~u~~ u.r. uit .
43-47-11. Except as provided in subsection (m) of Code Section 43-47-8 no N license shall be sus pended or revoked er renewal thereof refused without a hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
40 47-11 AH <j7_ig
As provided by law, every licensee who transfers a used motor vehicle title uacd ea* dealer doing business within this state shall register with the state revenue commis sioner, making application for a dealer's registration plate. No person not licensed in accordance with this chapter shall be entitled to receive or use any dealer's registration plates for motor vehicles under the motor vehicle laws of this state providing for the issuance of such plates.
43-47-12. (a) Every licensee shall maintain for three years a record of:
(1) Every vehicle, vehicle body, chassis, or major component part of or for a vehicle received or acquired by him or her; its description and any identifying numbers; the date of its receipt or acquisition; and the full name, address, and driver's license num ber or social security number of the person from whom received or acquired; provided, however, that, in the event such purchase or acquisition is from a used car dealer or from a used motor vehicle parts dealer, the name and address of the corporation or company shall be sufficient if the seller is registered under this chapter; (2) Every vehicle, vehicle body, chassis, or major component part disposed of by him or her; its description and any identifying numbers; the date of its receipt or acquisi tion; and the full name, address, and driver's license number or social security number of the person to whom disposed; provided, however, that, in the event such disposal is to a used car dealer or to a used motor vehicle parts dealer, the name and address of the corporation or company shall be sufficient if the purchaser or acquirer is regis tered under this chapter; (3) Every vehicle wrecked, dismantled, or crushed by him or her and the date of its wrecking or dismantling; and (4) Any other records which the appropriate division may reasonably require to pro tect the public, as relating to the licensee's method of operation and personnel employed. (b) The possession of motor vehicles or parts covered by this chapter shall be primafacie evidence that they were purchased for the purpose of resale.

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JOURNAL OF THE HOUSE,

ivery licensee snQii msniifim TOP tfipce yeflrs ftnd nsvc QvsiiQDie ftt ftii tunes tor inspccTM
(1) Every vehicle acquired e* received by hhnj its description er any ef its identifying
flccjuirecij
ing numbers, the date ef- its disposition, and- the name, address, driver's license number e* social security number ef the perse te whom disposed; and
as relating te the used ear dealer's method ef operation and personnel employed.
43-47-13.43-47-14. Nothing in this chapter shall prohibit any lawful regulation or licensing of licensees used ear dealers by any municipality, county, or other political subdivision of this state; pro vided, however, that no such political subdivision shall license any licensee used ear dealer required to be registered by this chapter unless such licensee is properly licensed dealer has been approved fef liccnaurc by the board under this chapter.
43-47-14. Each division or the board may impose a fine not to exceed $500.00 for each violation of any provision of this chapter. Such fines shall be listed in a schedule contained in the rules and regulations of the board. The licensee shall pay the fine within 30 days after receiving written notification from either the appropriate division or a representa tive of the division unless the licensee requests in writing a hearing before the division. Such request for a hearing must be received by the division within 30 days after receipt of the written notification from the division. Failure either to pay the fine or request a hearing shall result in immediate suspension of the license pending a hearing by the board to determine whether revocation or other disciplinary action should be imposed on the licensee.
43-47-15. Any licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the 'Motor Vehi cle Certificate of Title Act,' regarding titling and inspection of salvage and rebuilt vehi cles, and shall comply with any rules and regulations adopted by the state revenue commissioner pursuant to this chapter.
43-47-16. All licensees under this chapter who operate salvage pools shall furnish to any person who purchases a motor vehicle the make, model, year, body style, and vehicle identifica tion number of the particular vehicle sold. In the event that the operator of a salvage pool is an insurance company, the claim number of the vehicle shall be furnished to the purchaser in addition to the other required information.
43-47-17. Every person required to be licensed under this chapter shall, as a condition of licensure, be deemed to have granted authority and permission to the board, to either divi sion, or to any peace officer to inspect any record or document and any motor vehicle or motor vehicle part or accessory at or on the premises of his or her principal place of business, or any additional place of business, at any reasonable time during the day or night during reasonable business hours.
43-47-18. Except in the case of no more than two used motor vehicles for sale on residential prop erty, inspectors and investigators for the divisions or for the board or any local or state police officials may cause to have impounded by a private towing company any used

MONDAY, FEBRUARY 6, 1995

559

motor vehicle which is displayed for sale at an unlicensed facility. A vehicle shall be con sidered to be displayed for sale when a reasonable person would perceive that the vehi cle is for sale without having to inquire whether the vehicle is for sale. The owner of the vehicle shall be responsible for all charges incurred in the towing and storage of such vehicles. In no event shall the state, its agencies, its employees, or any local or state police agencies or officials incur any liability for anything growing out of the towing of such vehicles. Notwithstanding anything to the contrary contained in this Code section, any person may sell any vehicle where the county or municipal government has issued a permit to sell the vehicle, provided that the seller has demonstrated to the county or municipality that the title to the vehicle is in the seller's name. Each such permit shall be limited to the specific vehicle for which it was issued. No individual shall apply for nor receive more than three such permits within a one-year period. It shall not be a defense against paying the charges incurred in the towing and storage of vehicles that the vehicle was permitted unless the permit was prominently displayed on the vehicle at the time it was towed. The county or municipal government may impose reasonable fees for the issuance of such permits.
43-47-19. No licensee, except any licensed auto auction selling at its regular place of business, shall sell any used motor vehicle on a consignment basis unless the licensee places his or her name on the title at the time of sale and complies with all other applicable laws.
43-47-20. It is the intent of the General Assembly that all parts of rules properly adopted under this chapter and Chapter 48 of this title prior to July 1^ 1995, which do not conflict with this chapter shall be valid until such time as they are repealed, revised, amended, or otherwise changed under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
43-47-21. (a) Any person, regardless of whether that person is a licensee or not, who commits or causes to be done any act that violates this chapter or fails to do any act or causes to be omitted any act that is required by this chapter shall be subject to a civil penalty not to exceed $3,000.00 for each violation. A violation of this chapter shall, for the pur poses of this Code section, constitute a separate offense as to any motor vehicle or motor vehicle part; and each day during which any person offers for sale, sells, trades, trans fers, or disposes of used motor vehicles or used motor vehicle parts without being licensed pursuant to this chapter shall constitute a separate offense. (b) The penalty provided in subsection (a) of this Code section and any restitution due to specifically named consumers for violations of this chapter shall be recoverable by a civil action brought by the division, the board, the Attorney General, or any district attorney, solicitor, or municipal or county attorney in any superior or state court having proper jurisdiction. The proceeds of any civil penalty shall be remitted to the board by the clerk of the court in which such case is filed; provided, however, that in an action brought on behalf of a county or municipality one-half of the proceeds of such civil pen alty shall be paid into the treasury of such county or municipality. The court shall order any restitution recovered on behalf of any consumer to be paid over directly to the con sumer by the defendant. (c) Any person damaged by a violation of this chapter may bring an action against the person committing the violation, regardless of whether that person is a licensee, in any superior court of competent jurisdiction to recover actual, consequential, and punitive damages, attorneys' fees, and court costs. (d) Any person who is already licensed under this chapter or its predecessor or under former Chapter 48 of this title who will be required as a result of this chapter to make changes in his or her business operations will not be required to make such changes until such time as he or she is required to renew his or her license. Any such changes shall have been completed prior to the granting of any renewal license.
43-47-22.43-47-16.

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Any person, firm, or corporation who violates this chapter shall be guilty of a misde meanor. In addition to such criminal penalty, the board may bring an action to enjoin any violation, actual or threatened, of this chapter notwithstanding the existence of an adequate remedy at law."
SECTION 2. Said Title 43 of the Official Code of Georgia Annotated is further amended by repealing in its entirety Chapter 48, relating to regulation of used motor vehicle parts dealers, dismantlers, rebuilders, and salvage dealers.
SECTION 3. (a) The following Act is repealed in its entirety: the Act titled "An Act amending 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; to pro vide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes." Said Act was approved by the Governor on April 13, 1994, and is set out at Ga. L. 1994, p. 1060. Said Act was by its terms to take effect July 1, 1995, but is hereby repealed in its entirety and shall not take effect. (b) This Section 3 of this Act shall take effect upon approval of this Act by the Governor or upon this Act's otherwise becoming law without such approval.
SECTION 4. Except as otherwise provided in this Act, this Act shall become effective July 1, 1995.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Bartoot Y Bargerun Y Barnard Y Barnes Y Bates Y Benetield
Birdsong Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, G Y Brown, J Brush Y Buck Y Buckntr
Y Bunn Y Burkhalter
Y Byrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T

Cunnell YCox N Crawford Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M
Y Day Y DeLoach, B Y DeLoach, O YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwill Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrum

Y Hembree Y Henson Y Holland Y Holmes
Y Howard Y Hudson
Y Hugley Irvin
Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
N Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly YLane Y Lawrence
Y Lee N Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall

McClintun McKinney Y Mills
Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan

Y Shaw Y Sherrill
Y Shipp Y Simpson
Sinkl'ield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith. P Y Smith, T Y Smith, V Y Smith, W
Srnyre Y Snelling YSnow Y Stallings Y Stancil, K Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

MONDAY, FEBRUARY 6, 1995

561

Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts Y Westmorland

Y Whitake Y White Y Wiles

Y Williams. H Y Williams, J Y Williams, K

Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 157, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Smith of the 109th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 326.

HB 323. By Representative Watson of the 139th:
A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Housing and Finance Authority Act," so as to change the definition of the term "business"; to change the provisions relat ing to obligations not subject to the "Georgia Securities Act of 1973"; to remove the sunset provision for issuing certain industrial development bonds.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barioot Y Bargeron Y Barnard Y Barnes Y Bates Y Benetield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, 0 Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Flovd Y God bee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinktield Y Skipper Y Smith. C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W
Smyre Y Snelling Y Snow Y Stalling Y Stancil, H Y Stancil. S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, K.L Y Wall Y Watson Y Watts
Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams. J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 221. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, is amended by striking in their entirety paragraphs (2) and (2.1) of subsection (a) and inserting in lieu thereof, respec tively, the following:
"(2) The debtor's right to receive: (A) A social security benefit, unemployment compensation, or a local public assist ance benefit; (B) A veteran's benefit; (C) A disability, illness, or unemployment benefit; (D) Alimony, support, or separate maintenance, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; ad (E) A payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor; and (F) A payment from an individual retirement account within the meaning of Title 26 U.S.C. Section 408 to the extent reasonably necessary for the support of the debtor and any dependent of the debtor;
(2.1) The debtor's aggregate interest in any funds or property held on behalf of the debtor, and not yet distributed to the debtor, under any retirement or pension plan or system:
(A) Which is: (i) maintained for public officers or employees or both by the State of Georgia or a political subdivision of the State of Georgia or both; and (ii) finan cially supported in whole or in part by public funds of the State of Georgia or a political subdivision of the State of Georgia or both; (B) Which is: (i) maintained by a nonprofit corporation which is qualified as an exempt organization under Code Section 48-7-25 for its officers or employees or both; and (ii) financially supported in whole or in part by funds of the nonprofit corporation; of (C) To the extent permitted by the bankruptcy laws of the United States similar benefits from the private sector of such debtor shall be entitled to the same treat ment as those specified in subparagraphs (A) and (B) of this paragraph, provided that the exempt or nonexempt status of periodic payments from such a retirement or pension plan or system shall be as provided under subparagraph (E) of paragraph (2) of this subsection; or (D) An individual retirement account within the meaning of Title 26 U.S.C. Section 408;".
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, FEBRUARY 6, 1995

563

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

Y Ashe Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron N Barnard Y Barnes
Bates Y Benefield
Birdsong N Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, 0 N Brown, J N Brush Y Buck N Buckner N Bunn N Burkhalter NByrd Y Campbell N Canty N Carter Y Chambless E Channel! N Childers Y Coker N Coleman, B
Coleman, T Connell NCox Y Crawford

N Crews Y Culbreth
N Cummings Davis, G
N Davis, M NDay N DeLoach, B N DeLoach, G
YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart
YEpps N Evans Y Falls Y Felton Y Floyd Y Godbee
Golden N Goodwin Y Greene Y Grindley
Manner N Harbin
N Harris YHart N Heard N Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Holmes
Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins
Johnson, G N Johnson, J Y Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein NLadd N Lakly YLane Y Lawrence YLee N Lewis Y Lifsey N Lord
Lucas N Maddox YMann Y Martin Y McBee N McCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock

Y Parham Y Parrish N Parsons Y Pelote N Perry Y Pinholster Y Polak N Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert N Roberts
Y Rogers N Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinktield
Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V

N Smith, W Smyre
N Snelling Y Snow
Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus N Towery N Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L N Wall Y Watson Y Watts Y Westmoreland N Whitaker N White N Wiles Y Williams, B N Williams, J N Williams, R
Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 99, nays 58.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Golden of the 177th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

HB 217. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to expenditure of funds for insurance and employment bene fits, so as to provide that the governing authority of any county is authorized to provide insurance and retirement benefits to the clerk of the state court and his or her employees.

The following Committee substitute was read and adopted:

564

JOURNAL OF THE HOUSE,

A BILL
To amend Code Section 36-1-11.1 of the Official Code of Georgia Annotated, relating to the expenditure of funds for insurance and employment benefits, so as to provide that the governing authority of any county is authorized to provide insurance and retirement bene fits to elected or appointed county executive or judicial officers and employees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 36-1-11.1, relating to the expenditure of funds for insurance and employment benefits, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) The governing authority of any county is authorized to provide, and to expend county funds for the provision of, group health, life, disability, and liability insurance, retirement or pension coverage, social security and employment security coverage, and other similar or related employment benefits for members of the county governing authority and for elected or appointed county executive or judicial officers and employ ees and the personnel thereof, as well as the dependents and beneficiaries of such offi cials and personnel."
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 substiltuite, was agreeud t1o0.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was follows:

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Brooks, T Brown, G Y Brown, J Brush YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Charnbless E Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Connell
YCox Y Crawtord

Y Crews Y Culbreth
Cummings Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin
Y Harris Y Hart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y HuB ley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G
Y Johnson,J Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
YShaw Y Sherrill Y Shipp Y Simpsun
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

MONDAY, FEBRUARY 6, 1995

565

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 Johnston of the 81st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 321. By Representatives Smith of the 174th and Powell of the 23rd:
A bill to amend Code Section 34-11-7 of the Official Code of Georgia Anno tated, relating to exemptions from Chapter 11 of Title 34, the "Boiler and Pressure Vessel Safety Act," so as to provide that the provisions of such chapter shall not apply to autoclaves operated by any professional licensed in this state.

The following amendment was read and adopted:

Representative Dobbs of the 92nd moves to amend HB 321 as follows: On line 17 add after used "only" and on 18 before implements "reusable medical".

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown. J Y Brush
YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin
Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders
Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

On the passage of the Bill, as amended, the ayes were 166, nays 0.

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

566

JOURNAL OF THE HOUSE,

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

Representative Lakly of the 105th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 221.
HB 377. By Representatives Towery of the 30th, Coker of the 31st, Trense of the 44th, Davis of the 48th, Pelote of the 149th and others:
A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, so as to provide for a short title; to increase the mini mum periods of incarceration for cruelty to children, child molestation, and aggravated child molestation.

The following amendment was read and adopted:

Representatives Klein of the 39th, Towery of the 30th and Sauder of the 29th move to amend HB 377 as follows:
P. 3, L. 23 after the word "$100,000.00." add the following:
"In the event, however, that the person so convicted is a member of the immediate fam ily of the victim, no fine shall be imposed."
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 Bailey Y Baker Y Bannister Y Bartoot Y Bargeron Y Barnard Y Barnes
Bates Y Benetield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker
Y Coleman, B Y Coleman, T
Conned Y Cox Y Crawtord

Y Crews Y Culbreth
Cummings Davis, G
Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden
Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamun Y Klein YLadd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

MONDAY, FEBRUARY 6, 1995

567

On the passage of the Bill, as amended, the ayes were 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

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

HR 265. By Representatives Hugley of the 133rd, Epps of the 131st, Smyre of the 136th and Taylor of the 134th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting Dr. Lucretia Payton-Stewart, the South Atlantic Regional Director, and the members of that sorority to appear before the House of Representatives.

HR 266. By Representatives Porter of the 143rd, Coleman of the 142nd, Parrish of the 144th, Lane of the 146th, Godbee of the 145th and others:
A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Rep resentatives.

HR 267. By Representatives Hugley of the 133rd, Taylor of the 134th, Culbreth of the 132nd, Smyre of the 136th and Buck of the 135th:
A resolution commending the Kendrick High School girls track team and inviting the members of the team and Coach Gwendolyn H. Engram to appear before the House of Representatives.

HR 268. By Representatives Pelote of the 149th, Dixon of the 150th, Thomas of the 148th and Bordeaux of the 151st:
A resolution commending Arthur A. (Don) Mendonsa and inviting him to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 269. By Representative Dobbs of the 92nd:
A resolution recognizing the contributions of the engineering professionals in Georgia and declaring February 7, 1995, as "Engineers' Day" in Georgia.

HR 270. By Representative Hart of the 116th:
A resolution commending and celebrating the 134th anniversary of the Bark Camp Baptist Church.

HR 271. By Representative Hart of the 116th:
A resolution commending the Thomas Grove Baptist Church on the occasion of its 125th anniversary.

HR 272. By Representative Hart of the 116th:
A resolution commending the Jones Grove Baptist Church on the occasion of its 115th anniversary.

568

JOURNAL OF THE HOUSE,

HR 273. By Representative Hart of the 116th:
A resolution commending the Third Chapel Baptist Church on the occasion of its 115th anniversary.

HR 274. By Representative Pelote of the 149th: A resolution commending Ms. Kimberly Aiken, Miss America 1994.

HR 275. By Representative Pelote of the 149th: A resolution commending the Goodwill Baptist Church Gospel Choir.

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

TUESDAY, FEBRUARY 7, 1995

569

Representative Hall, Atlanta, Georgia Tuesday, February 7, 1995

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

Ashe Bailey Baker Bannister Barfoot Bargeron
Barnes Bates Benefield Birdsong Bostick
Brooks, D
Brooks, T
Brown, J
Brush
Buck Buckner Bunn
Burkhalter
Byrd Campbell
Canty
Carter Chambless Coker Coleman, B Connell Cox

Craw lord
Crews Culbreth Cummings
Davis, M
Day DeLoach, B DeLoach, CJ Dix Dobbs Ehrhart Evans Falls Floyd Godbee Golden Goodwin Hanner
Harbin Heard Heckstall Hegstrom Hembree
Henson Holland Howard
Hudson
Hugley

James
Johnson, G Johnson, J Jones Joyce Kaye Kinnamon
Ladd Lakly
Lane
Lawrence Lee Lewis Lifsey Lord Lucas Maddox Mann Martin McBee McKinney Mills Mobley, J Mosley Mueller O'Neal Parham Parrish

Parsons Pelote
Perry Pinholster
Poston Powell Purcell, A Randolph Reaves Reichert Roberts Rogers Royal Sanders
Sauder Scoggins Shanahan Shaw Sherrill
Shipp
Smith, C
Smith, C.VV
Smith, L
Smith, P
Smith, T
Smith, V
Smith, W
Snelling

hnow Stallings Stancil, F Stancil, S Stanley, L Stephenson Streat Teper Thomas Tillman Titus Trense Turnquest Twiggs Walker, L
Walker, R.L
Wall
Watson
Watts
Westmoreland Whitaker White Wiles Williams, J Williams, R Woods Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Childers of the 13th, Davis of the 60th, Jenkins of the 110th, Yates of the 106th, Mobley of the 69th, Simpson of the 101st, Barnard of the 154th, Grindley of the 35th, Holmes of the 53rd, Breedlove of the 85th, Irvin of the 45th, Klein of the 39th, Ray of the 128th, Greene of the 158th, Dixon of the 150th, Brown of the 117th, Har ris of the 17th, Smyre of the 136th, Bordeaux of the 151st, Coleman of the 142nd, Dixon of the 168th, Stanley of the 49th, Felton of the 43rd, McClinton of the 68th, Porter of the 143rd, Williams of the 63rd, Skipper of the 137th, Teague of the 58th and Polak of the 67th.
They wish to be recorded as present.

Prayer was offered by Bishop Eddie L. Long, New Birth Missionary Baptist Church, Decatur, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

570

JOURNAL OF THE HOUSE,

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

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

HB 629. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act entitled "An Act to create the Walton County Com mission of Children and Youth," so as to clarify the nature of the commis sion.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 630. By Representative Smith of the 169th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to property exempt from ad valorem taxation, so as to provide that property transferred by deed from the federal government or any federal agency reserving a conservation easement reservation in the United States shall be exempt from all ad valorem taxes.
Referred to the Committee on Ways & Means.

HB 631. By Representatives Bailey of the 93rd, Benefield of the 96th, Lee of the 94th, Purcell of the 147th and Twiggs of the 8th:
A bill to amend Article 11 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to miscellaneous provisions regarding the rules of the road, so as to change the provisions prohibiting wearing certain headsets or headphones.
Referred to the Committee on Motor Vehicles.

HB 632. By Representatives Kaye of the 37th, Johnson of the 97th, Bunn of the 74th, Davis of the 60th, Mann of the 5th and others:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessment of effectiveness of educational programs, so as to prohibit the use of calculators and computers by students while being administered curriculum-based assessments.
Referred to the Committee on Education.

TUESDAY, FEBRUARY 7, 1995

571

HB 633. By Representatives Joyce of the 1st, Hembree of the 98th, Powell of the 23rd and Ehrhart of the 36th:
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 declare that the regulation of firearms is properly an issue of general, state-wide concern; to prohibit the regulation of firearms, firearms dealers, dealers in firearms components, and gun shows by counties or municipal cor porations.
Referred to the Committee on Public Safety.

HB 634. By Representatives Teague of the 58th, McKinney of the 51st, Childers of the 13th, Towery of the 30th and Ashe of the 46th:
A bill to amend Code Section 35-1-8 of the Official Code of Georgia Anno tated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, so as to provide that any law enforcement agency shall immediately open an investigation upon receipt of a report that a person with Alzheimer's disease is missing.
Referred to the Committee on Public Safety.

HB 635. By Representatives Mobley of the 69th, Dix of the 76th, Hegstrom of the 66th, Turnquest of the 73rd, Teague of the 58th and others:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for state certification of professional midwives.
Referred to the Committee on Health & Ecology.

HR 276. By Representative Streat of the 167th: A resolution designating the James Cecil Harper, Jr., Bridge.
Referred to the Committee on Transportation.

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.
Referred to the Committee on Appropriations.

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

HB 595 HB 597 HB 598 HB 599 HB 600 HB 601 HHBB 660023
HB 604
HB 605
HB 606
HB 607
HB 608

HB 609 HB 610 HB 611 HB 612 HB 613 U"D ci A TM TM 66155
HB 616
HB 617
HB 618
HB 619
HB 620

572

JOURNAL OF THE HOUSE,

HB 621 HB 622 HB 623 HB 624 HB 625 HB 626 HHBB 662287
HR 259
HR 260
HR 261
HR 262
HR 263

HR 264 SB 58 SB 79 SB 100 SB 186 gg 200 oSBR 2o0n4,
bB 207
SB 258
SB 259
SB 260
SB 261

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 124 Do Pass HB 559 Do Pass HB 594 Do Pass
Respectfully submitted, /a/ Reaves of the 178th
Chairman

Representative Watts of the 26th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 297 Do Pass, by Substitute HB 466 Do Pass SB 103 Do Pass
Respectfully submitted, M Watts of the 26th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 592 Do Pass HB 593 Do Pass

TUESDAY, FEBRUARY 7, 1995

573

Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:

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

HB 581 Do Pass HR 95 Do Pass, by Substitute

HR 122 Do Pass HR 264 Do Pass

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

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 290 Do Pass, by Substitute HB 453 Do Pass
Respectfully submitted, /s/ Jenkins of the 110th
Vice-Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 356 Do Pass, by Substitute HB 358 Do Pass, by Substitute HB 363 Do Pass

HB 364 Do Pass HB 473 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

574

JOURNAL OF THE HOUSE,

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

HB 574 Do Pass HB 575 Do Pass SB 99 Do Pass

SB 197 Do Pass, by Substitute SB 248 Do Pass

Respectfully submitted, Isl Royal of the 164th
Chairman

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

HB 574. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for additional duties of the city manager; to change the manner and method of filling vacancies in the office of mayor or councilmember.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 3. The Bill, having received the requisite constitutional majority, was passed.
HB 575. By Representative Hudson of the 156th: A bill to amend an Act creating the Board of Commissioners of Ben Hill County, so as to change the compensation of the chairperson and commis sioners 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 100, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 99. By Senators James of the 35th, Slotin of the 39th, Henson of the 55th, Scott of the 36th and Abernathy of the 38th:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County approved April 12, 1982 (Ga. L. 1982, p. 4174), as amended, so as to provide for the application of said Act to the City of East Point; to provide for the procedure in connection therewith.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

SB 197. By Senators Starr of the 44th, Glanton of the 34th and Thomas of the 10th:
A bill to amend an Act changing the composition and manner of selecting members of the Board of Education of Clayton County, as amended, so as to provide for nonpartisan election of such members without prior nonpartisan primaries; to provide for certain submissions.

TUESDAY, FEBRUARY 7, 1995

575

The following Committee substitute was read and adopted:

A BILL
To amend an Act changing the composition and manner of selecting members of the Board of Education of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), so as to provide that such members shall be nominated and elected in partisan primaries and elections; to provide for certain submissions; to provide for an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the composition and manner of selecting members of the Board of Edu cation of Clayton County, approved April 12, 1982 (Ga. L. 1982, p. 4431), as amended, par ticularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4635), is amended by striking subsection (c) of Section 1 thereof, which reads as follows:
"(c) Each member of the board of education shall be elected by a majority of the voters voting in his or her education district. Each member of the board of education must be a resident of and continue to reside in the education district from which he or she is elected and shall be nominated and elected at primaries and elections as provided in Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code,' as now or hereafter amended. Nomination and election of members of the board shall be partisan or nonpartisan, according to the results of the referendum election provided for in Sec tion II of the Act enacting this subsection.", and inserting in its place the following: "(c) Each member of the board of education shall be elected by a majority of the voters voting in his or her education district. Each member of the board of education must be a resident of and continue to reside in the education district from which he or she is elected and shall be nominated and elected in partisan primaries and elections as pro vided in Chapter 2 of Title 21 of the O.C.G.A., known as the 'Georgia Election Code.'"
SECTION 2. It shall be the duty of the Board of Education of Clayton 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.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 100, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 248. By Senator Hooks of the 14th:
A bill to amend an Act creating a new charter for the City of Byron, as amended, so as to change the corporate limits of the city by the addition of certain territory.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 3.

576

JOURNAL OF THE HOUSE,

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:

SB 27. By Senators Burton of the 5th, Thomas of the 10th, Oliver of the 42nd and others:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to define certain terms; to provide for the preparation of bylaws; to provide for the division of the Stone Mountain Memorial Park into certain districts.

SB 114. By Senators Hill of the 4th, Kemp of the 3rd, Thomas of the 10th and Marable of the 52nd:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to provide for an additional penalty in certain criminal cases; to provide for the use of funds derived from such penalties for local victim assistance programs; to provide for approval of programs by the Criminal Justice Coordinating Council.

SB 131. By Senators Walker of the 22nd, Stokes of the 43rd, Thomas of the 10th and others:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to make it unlawful for any person to broadcast, print, or publish the contents of any unlawfully intercepted com munication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone; to provide penalties.

SB 140. By Senators Langford of the 29th, Madden of the 47th and Perdue of the 18th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definitions of the offenses of statutory rape, child molestation, and enticing a child for indecent purposes.

SB 141. By Senators Langford of the 29th, Thompson of the 33rd and Madden of the 47th:
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 expand the number of persons who may be appointed judge pro tempore of the juvenile court.

TUESDAY, FEBRUARY 7, 1995

577

SB 159. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to public health and morals and various offenses against public health and morals, so as to change the definition of the offense of contributing to the delinquency, unruliness, or deprivation of a minor.

SB 201. By Senators Gillis of the 20th, Hooks of the 14th, Madden of the 47th and Bowen of the 13th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to change the hours of legal fishing on certain streams; to move certain streams from the list of trout waters with seasons to the list of trout waters without seasons.

SB 205. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and its benefi ciary, the Nongame-Endangered Wildlife Program of the Department of Nat ural Resources; to provide procedures for acquiring such license plates; to provide for licensing agreements.

SB 227. By Senators Oliver of the 42nd, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of licenses and other authorizations to engage in profes sions, businesses, or occupations to persons who are not in compliance with orders for child support; to provide for definitions; to provide for lists of per sons who are not in compliance, for the issuance of such lists to certain licensing boards.

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

SR 19. By Senators Dean of the 31st and Marable of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; to provide an effective date.

SR 113. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications lines and equipment, electrical utili ties, and highway improvements in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Cobb, Towns, and Walker Counties, Georgia.

578

JOURNAL OF THE HOUSE,

SR 118. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive 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 Clark, Clayton, Habersham, Hart, Laurens, Mclntosh, Walker, and White Counties, Georgia.

SR 169. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th: A resolution declaring October 7, 1995 as Martha Berry Day.

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

SB 27. By Senators Burton of the 5th, Thomas of the 10th and Oliver of the 42nd:
A bill to amend Part 4 of Article 6 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Stone Mountain Memorial Association Act," so as to define certain terms; to provide for the preparation of bylaws; to provide for the division of the Stone Mountain Memorial Park into certain districts.
Referred to the Committee on Game, Fish & Parks.

SB 114. By Senators Hill of the 4th, Kemp of the 3rd, Thomas of the 10th and oth ers:
A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Anno tated, relating to payment and disposition of fines and forfeitures, so as to provide for an additional penalty in certain criminal cases; to provide for the use of funds derived from such penalties for local victim assistance programs; to provide for approval of programs by the Criminal Justice Coordinating Council.
Referred to the Committee on Judiciary.

SB 131. By Senators Walker of the 22nd, Thomas of the 10th, Marable of the 52nd and others:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to make it unlawful for any person to broadcast, print, or publish the contents of any unlawfully intercepted com munication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone; to provide penalties.
Referred to the Committee on Industry.

SB 140. By Senators Langford of the 29th, Madden of the 47th and Perdue of the 18th:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to change the definitions of the offenses of statutory rape, child molestation, and enticing a child for indecent purposes.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 7, 1995

579

SB 141. By Senators Langford of the 29th, Thompson of the 33rd and Madden of the 47th:
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 expand the number of persons who may be appointed judge pro tempore of the juvenile court.
Referred to the Committee on Judiciary.

SB 159. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions applicable to public health and morals and various offenses against public health and morals, so as to change the definition of the offense of contributing to the delinquency, unruliness, or deprivation of a minor.
Referred to the Committee on Judiciary.

SB 201. By Senators Gillis of the 20th, Hooks of the 14th, Madden of the 47th and others:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of game fish; to change the creel and possession limits for certain fish; to change the list of streams declared to be artificial-lure streams; to change the waters in which live bait may be used; to change the hours of legal fishing on certain streams; to move certain streams from the list of trout waters with seasons to the list of trout waters without seasons.
Referred to the Committee on Game, Fish & Parks.

SB 205. By Senators Bowen of the 13th and Pollard of the 24th:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide for special license plates to promote the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and its benefi ciary, the Nongame-Endangered Wildlife Program of the Department of Nat ural Resources; to provide procedures for acquiring such license plates; to provide for licensing agreements.
Referred to the Committee on Motor Vehicles.

SB 227. By Senators Oliver of the 42nd, Taylor of the 12th, Brown of the 26th and others:
A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to limit the issuance or renewal of licenses and other authorizations to engage in profes sions, businesses, or occupations to persons who are not in compliance with orders for child support; to provide for definitions; to provide for lists of per sons who are not in compliance, for the issuance of such lists to certain licensing boards.
Referred to the Committee on Judiciary.

580

JOURNAL OF THE HOUSE,

SR 19. By Senators Dean of the 31st and Marable of the 52nd:
A resolution authorizing the conveyance of certain state owned real property located in Bartow County, Georgia; to provide an effective date.
Referred to the Committee on State Institutions & Property.

SR 113. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications lines and equipment, electrical utili ties, and highway improvements in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin, Cobb, Towns, and Walker Counties, Georgia.
Referred to the Committee on State Institutions & Property.

SR 118. By Senator Starr of the 44th:
A resolution authorizing the granting of nonexclusive easements for operation and maintenance of telecommunications and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clark, Clayton, Habersham, Hart, Laurens, Mclntosh, Walker, and White Counties, Georgia.
Referred to the Committee on State Institutions & Property.

SR 169. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th: A resolution declaring October 7, 1995 as Martha Berry Day.
Referred to the Committee on Rules.

Representative Lakly of the 105th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the House:

HB 221. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th, Hugley of the 133rd, Taylor of the 134th and others:
A bill to amend Code Section 44-13-100 of the Official Code of Georgia Annotated, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, so as to provide an exemption for payments from individual retirement accounts and funds in individual retirement accounts.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Bailey
Baker Y Bannister N Bart'oot
N Bargeron Y Barnard N Barnes
Bates
N Benefield
N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T
N Brown, G

Y Brown, J Y Brush N Buck N Buckner Y Bunn
N Burkhalter N Byrd N Campbell
Y Canty
Carter
N Chambless E Channell N Childers N Coker N Coleman, B
Coleman, T
N Connell

N Cox N Crawford Y Crews N Culbreth
Cummings
Davis, G Y Davis, M N Day
N DeLoach, B
Y DeLoach, G
N Dix N Dixon, H N Dixon, S
Dobbs Y Ehrhart
Epps
Y Evans

Y Falls N Felton N Floyd N Godbee N Golden
Y Goodwin N Greene Y Grindley
N Hanner
Y Harbin
Y Harris Hart
N Heard Y Heckstall N Hegstrom Y Hembree
N Henson

N Holland N Holmes N Howard N Hudson N Hugley
Y Irvin N James E Jamieson
N Jenkins
Y Johnson, G
Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye N Kinnamon
N Klein

TUESDAY, FEBRUARY 7, 1995

581

NLadd Y Lakly N Lane N Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox YMann N Martin N McBee
McCall McCHnton N McKinney Y Mills N Mobley, B N Mobley, J

N Mosley Mueller
N O'Neal N Orrock N Parham N Parrish N Parsons Y Pelote N Perry Y Pinholster N Polak N Porter N Poston
Powell N Purcell, A N Purcell, B E Randall N Randolph
Ray

N Reaves N Reichert Y Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw
N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P

On the motion, the ayes were 54, nays 101. The motion was lost.

N Smith, T Y Smith, V N Smith, W
Smyre Y Snelling NSnow N Stalling* Y Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat E Taylor
N Teague N Teper N Thomas N Tillman Y Titus

Y Towery N Trense
Turnquest N Twiggs
N Walker, L Y Walker, R.L Y Wall
N Watson N Watts
N Westmorland Y Whitaker N White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The Speaker Pro Tem assumed the Chair.

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

HB 332. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Chapter 10 of Title 46 of the Official Code of Georgia Anno tated, relating to the consumers' utility counsel, so as to create the consum ers' utility counsel division of the Governor's Office of Consumer Affairs; 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 make conforming amendments.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to create the consumers' utility counsel division of the Governor's Office of Consumer Affairs; 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 make conforming amendments; to provide for the transfer and con tinued employment of personnel; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consum ers' utility counsel, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 10 to read as follows:
"CHAPTER 10
46-10-1. The General Assembly recognizes the importance of effective and economical public util ities to the economy of the State of Georgia. It is further recognized that the citizens

582

JOURNAL OF THE HOUSE,

of Georgia should receive adequate utility services at the lowest reasonable cost to the consumer while maintaining the ability of public utilities to furnish their products and services. It is further recognized that consumers should receive the benefit of technologi cal advances. It is further recognized that the Public Service Commission has been established for the purpose of regulating public utilities and the rates which they charge the consumer and that the commission is responsible for representing the public inter est. The General Assembly is aware, however, that the commission must be furnished with all available information concerning the effects of its decisions in rate cases and proceedings before it. It is the purpose of this chapter to ensure that the commission receives such information, particularly in those cases which directly involve the vast majority of Georgia's citizens.
46-10-2.
As used in this chapter, the term: (1) 'Administrator' means the administrator appointed pursuant to Code Section 10-1-395. (i)(2) 'Consumer' means an individual whs is a personal, noncommercial user2 primar ily for personal, family, or household purposes, of the product or service of a public utility which is under the jurisdiction of the commission. This term shall also mean and include any sole proprietorship, partnership, or corporation which is a commercial user of the product or service of a public utility which is under the jurisdiction of the commission and which has ten or fewer employees and a net income after taxes of $100,000.00 per annum or less for federal income tax purposes. (3) 'Director' means the director of the consumers' utility counsel division of the Gov ernor's Office of Consumer Affairs. 4S}(4) 'Counsel' 'Division' means the consumers' utility counsel division of the Gover nor's Office of Consumer Affairs. (5) 'Governor's Office of Consumer Affairs' means the office of the administrator cre ated in Code Section 10-1-395.
46-10-3.
There is created the position ef consumers' utility counsel division within the Governor's Office of Consumer Affairs; which shall be attached te the office ef the administrator created in Code Section 10-1-306. There is created the position of director of the con sumers' utility counsel division. The counsel director shall be appointed and removed by the Governor and shall serve at his pleasure administrator. The counsel director shall be a practicing attorney qualified by knowledge and experience to practice in public util ity proceedings. The counsel director shall receive compensation in an amount to be determined by the Governor administrator, but not to exceed that provided or autho rized by law for the district attorney for the Atlanta Judicial Circuit, excluding all city and county supplemental compensation and expenses. In addition to such compensation, the counsel director shall also receive reimbursement for his or her reasonable and nec essary expenses incurred in the performance of his or her duties, as provided by law for state employees. No person employed as director of the consumers' utility counsel divi sion shall engage in the private practice of law while employed as director of the con sumers' utility counsel division. The consumers' utility counsel director shall submit a written report of the annual activities and expenditures of the counsel division. The report shall be submitted by December 31 each year and shall be submitted to the Industry Committee of the Georgia House of Representatives and to the Finance and Public Utilities Committee of the Georgia Senate.

* nor to uflnuftry T; iyyo, &DU fl^Qin prior TO uflnusry -t^ lyyo, the stdt fluditor sti&li pcp fef a performance and management audit of the conaumcra' utility counsel. A copy ef the performance ad management audit shett be submitted by January IT 1003, and- Jauary 4; 1006, te the Industry Committee ef the Hease ef- Representatives and- te the
committees having jurisdiction ever the subject matter.

TUESDAY, FEBRUARY 7, 1995

583

46-10-4.
(a) The counsel director shall be entitled to appear, as a party or otherwise, on behalf of the consumers of this state of services provided by any person, firm, or corporation subject to the jurisdiction of the commission in all proceedings before the commission which may involve or affect rates for service or services of utilities and in all other pro ceedings before the commission under its regulatory jurisdiction over utilities. (b) The counsel director may also appear in the same representative capacity in similar administrative proceedings affecting the consumers of this state before any federal administrative agency or body which has regulatory jurisdiction over rates, services, and similar matters with respect to public utility services provided by any public utility doing business in this state. (c) The counsel director shall be authorized in the same representative capacity to initi ate proceedings, by complaint or otherwise, before any federal or state administrative agency before which he or she is otherwise authorized to appear, with respect to matters properly within the cognizance of those agencies. (d) The counsel director shall be authorized in the same representative capacity to initi ate or intervene as of right or otherwise appear in any judicial proceeding involving or arising out of any action taken by an administrative agency in a proceeding in which the counsel director is authorized to appear under subsection (a), (b), or (c) of this Code section.
46-10-5.
(a) In addition to other requirements of service and notice imposed by law, a copy of any application, complaint, pleading, or notice filed with or issued by the commission shall also be served on the counsel director, and counsel the director shall be notified of any other correspondence or paper filed with or issued by the commission or its staff. The commission shall not proceed to hear or determine any petition, complaint, or pro ceeding in which the counsel director is entitled to appear unless it shall affirmatively appear that the counsel director was given at least ten days' written notice thereof, unless such notice is affirmatively waived in writing or the counsel director appears and specifically waives such notice. (b) The counsel director is authorized to take depositions and obtain discovery of any matter which is not privileged and which is relevant to the subject matter involved in any proceeding or petition before the commission in the same manner and subject to the same procedures which would otherwise be applicable if such proceeding was then pend ing before a superior court. The superior courts and the judges and clerks thereof are authorized to issue all orders, injunctions, and subpoenas and to take all actions neces sary to carry out this subsection.
46-10-6.
The counsel director is authorized to employ such assistants as he or she may need and is authorized to employ and fix the compensation of such consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or cler ical assistance, as may be necessary to carry out his or her duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance unless such employ ment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the office of the Governor for such purposes. The conaum ers^ utility counsel division shall keep suitable and proper records of all such expendi tures and shall provide the same te th administrator as ef the first ef each month. The compensation of the counsel director and such staff shall be paid from state funds appropriated or otherwise made available to the office of the administrator created in Code Section 10-1-395 from funds appropriated to the office of the Governor for such purposes.
46-10-7.
Services of all engineers, experts, accountants, and other technical assistants employed by the commission shall be available to the counsel director in the performance of his

584

JOURNAL OF THE HOUSE,

or her duties; and such engineers, experts, accountants, and technical assistants shall make such appraisals and audits as the counsel director, with the approval of the com mission, may request. The counsel director and his or her staff shall have access to all records, files, reports, documents, and other information in the possession or custody of the commission to the same extent as the members of the commission and its staff have access thereto and subject to the same limitations imposed on the use thereof by the members of the commission and its staff.
46-10-8. This chapter shall not be construed to prevent any party interested in any proceeding or action before the commission, any court, or any administrative body from appearing in person or by counsel in such proceeding or action.
A 1 Q fj

l1
SECTION 2. Code Section 45-10-25 of the Official Code of Georgia Annotated, relating to exceptions to prohibitions on transactions with state agencies, is amended by striking paragraph (9) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) Any transaction involving the Public Service Commission's employment of any state employee who has any particular expertise or knowledge which may be of assist ance to the Georgia Public Service Commission or the consumers' utility counsel divi sion of the office of the administrator created in Code Section 10-1-395 in fulfilling its duties and responsibilities under Title 46. The terms and conditions of such employment shall be solely determined by the Georgia Public Service Commission; but, in any event, the employee may not provide services to the Georgia Public Ser vice Commission during such times as he or she is regularly scheduled to be at his or her primary place of employment unless the employee has received permission to do so from his or her regular employer or unless the employee is on annual leave or leave without pay;".
SECTION 3. Upon the effective date of this Act, all personnel employed by the consumers' utility coun sel shall become employees of the consumers' utility counsel division of the Governor's Office of Consumer Affairs.
SECTION 4. This Act shall become effective on March 31, 1995.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Bailey Baker
Bannister
Y Barioot
Y Bargeron Y Barnard Y Barnes
Bates Y Benetield
Y Birdsong

Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D
Y Brooks, T
Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner
Y Bunn

Y Burkhalter Y Byrd Y Campbell
Y Canty
Y Carter
Y Chambless E Channell Y Childers Y Coker Y Coleman, B
Y Coleman, T

Connell Y Cox Y Crawford
Y Crews
Y Culbreth
Y Cummings Davis, G
Y Davis, M Y Day Y DeLoach, B
Y DeLoach, C

Y Dix Y Dixon, H Y Dixon, S
Dobbs
Y Ehrhart
Epps Y Evans Y Falls Y Felton Y Floyd
Y Godbee

TUESDAY, FEBRUARY 7, 1995

585

Y Golden Y Goodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall
Y Hegstrom Y Hembree
Henson
Y Holland Holmes Howard
Y Hudson Y Hugley Y Irvin Y James E Jamieson Y Jenkins Y Johnson,G Y Johnson, J Y Johnston

Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B E Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder

Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpsun Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W
Smyre Y Snelling YSnow Y Stalling* Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat

E Taylor Teague
Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Watts Y Westmoreland Y Whitaker
White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 146, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

HB 269. By Representative Orrock of the 56th:
A bill to amend Code Section 8-2-107 of the Official Code of Georgia Anno tated, relating to penalties for the improper installation, alteration, mainte nance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the violation of certain laws shall consti tute a misdemeanor.

The following amendment was read:

Representative Reichert of the 126th moves to amend HB 269 by striking lines 1 through 11 on page 1 and inserting in lieu thereof the following:
"To amend Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alteration of buildings, gen erally, so as to repeal Part 6, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks; to repeal".
By striking lines 15 through 34 on page 1 and lines 1 through 10 on page 2 and inserting in lieu thereof the following:
"Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to standards and requirements for construction and alteration of buildings, generally, is amended by striking in its entirety Part 6, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, and inserting in lieu thereof the following:
'Reserved.'"

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

586

JOURNAL OF THE HOUSE,

Y Ashe Bailey
N Baker Y Bannister
Barfoot
N Bargeron Y Barnard N Barnes
Bates
N Benefield
N Birdsong
N Bordeaux
N Bostick Y Breedlove N Brooks, D N Brooks, T
N Brown, G
Y Brown, J
Y Brush
NBuck
N Buckner
N Bunn Y Burkhalter
NByrd Y Campbell Y Canty N Carter N Chambless E Channell
N Childers Y Coker Y Coleman, B
Coleman, T Connell NCox Y Crawford

N Crews N Culbreth
Cummings Davis, G Y Davis, M Y Day N DeLoach, B
Y DeLoach, G Y Dix N Dixon, H N Dixon, S N Dobbs N Ehrhart
Epps Y Evans Y Falls
Y Felton
N Floyd N Godbee N Golden Y Goodwin
N Greene
Y Grindley
N Manner
Y Harbin Y Harris
Hart N Heard
Y Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard
N Hudson

N Hugley
Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce
Y Kaye
N Kinnamon
Y Klein
N Ladd Y Lakly
N Lane
N Lawrence
N Lee Y Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton
N McKinney
N Mills N Mobley, B
N Mobley, J N Mosley
Mueller N O'Neal
N Orrock

N Parham N Parrish
N Parsons N Pelote N Perry Y Pinholster N Polak
N Porter
N Poston N Powell N Purcell, A N Purcell, B E Randall N Randolph
Ray N Reaves Y Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan NShaw N Sherrill Y Shipp
N Simpson N Sinkfield N Skipper
N Smith, C
Y Smith, C.W
N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 59, nays 101. The amendment was lost.

N Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S
N Stanley, L N Stanley, P N Stephenson
Streat E Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense
N Turnquest
Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts
Y Westmoreland
Y Whitaker N White N Wiles
N Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Stancil of the 16th moves to amend HB 269 as follows: Page 1 line 34 change $5,000 to $1,000.

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

Y Ashe Bailey
N Baker Y Bannister N Bartoot N Bargeron
Y Barnard N Barnes
Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush
NBuck N Buckner
Y Bunn

Y Burkhalter NByrd Y Campbell Y Canty N Carter
Chambless E Channell
N Childers Y Coker Y Coleman, B Y Coleman, T
Connell
YCox Y Crawford
Y Crews Y Culbreth
Cummings Davis, G Y Davis, M Y Day N DeLoach, B
Y DeLoach, G

YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton
Y Floyd N Godbee Y Golden Y Goodwin N Greene Y Grindley N Hanner Y Harbin Y Harris
Hart N Heard N Heckstall N Hegstrom

Y Hembree N Henson
N Holland N Holmes
N Howard N Hudson
N Hugley Y Irvin N James E Jamieson N Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye N Kinnamon Y Klein
YLadd Y Lakly YLane

Y Lawrence
NLee Y Lewis Y Lifsey
NLord N Lucas Y Maddox YMann N Martin N McBee
McCall N McClinton N McKinney
Y Mills N Mobley, B
Y Mobley, J N Mosley
Mueller N O'Neal N Orrock N Parham N Parrish

TUESDAY, FEBRUARY 7, 1995

587

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

Y Reichert N Roberts N Rogers Y Royal Y Sanders Y Sauder
Y Shanahan NShaw
Sherrill Y Shipp N Simpson N Sinki'ield N Skipper

Y Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling Y Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L

N Stanley, P N Stephenson
Streat E Taylor
Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs N Walker, L

Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles N Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 77, nays 83. The amendment was lost.

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

N Ashe Bailey
Y Baker N Bannister Y Barfoot Y Bargeron N Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove
N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush YBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell
N Canty Y Carter Y Chambless
E Channel) Y Childers N Coker N Coleman, B Y Coleman, T
Connell Y Cox N Crawlord

N Crews Y Culbreth
Cummings Davis, G N Davis, M N Day Y DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart Y Epps N Evans N Falls N Felton Floyd Y Godbee N Golden N Goodwin Y Greene N Grindley Y Manner N Harbin N Harris Hart Y Heard Y Heckstall Y Hegstrom N Hembree Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley N Irvin Y James E Jamieson Y Jenkins
N Johnson, G N Johnson, J Y Johnston
Y Jones N Joyce N Kaye Y Kinnamon N Klein
N Ladd N Lakly
Y Lane N Lawrence
Y Lee N Lewis
N Lifsey YLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley
Mueller
Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay N Reaves N Reichert Y Roberts Y Rogers Y Royal N Sanders N Sauder
Scoggins Y Shanahan Y Shaw Y Sherrill N Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W N Smyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat E Taylor
Y Teague Y Teper
Y Thomas Y Tillman Y Titus N Towery N Trense
Y Turnquest Twiggs
Y Walker, L N Walker, R.L N Wall Y Watson Y Watts N Westmoreland N Whitaker Y White N Wiles Y Williams, B Y Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 97, nays 66. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Henson of the 65th was not recorded on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Mann of the 5th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 269.

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The Speaker assumed the Chair.
The following Bill of the House, having been previously read was again taken up for consideration:
HB 111. By Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th, Grindley of the 35th, Snelling of the 99th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to authorize a nominated candidate to withdraw as a can didate at the ensuing general election.
The 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:

Ashe Bailey Y Baker Y Bannister
Y Barioot N Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush YBuck Y Buckner Y Bunn
Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell
YCox Y Crawtord

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Husley Y Irvin Y James E Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein
YLadd Lakly
YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor Y Teague Y Teper N Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 161, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

TUESDAY, FEBRUARY 7, 1995

589

Mr. Speaker:

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

HB 338 Do Pass, by Substitute HB 339 Do Pass, by Substitute

HB 340 Do Pass, by Substitute HB 468 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

HB 63. By Representative Holmes of the 53rd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for yearly voting; to provide for the conditions and circumstances under which a voter may vote early.

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 for early voting; to provide for the conditions and circumstances under which a voter may vote early; to provide for definitions; to provide for comprehensive early vot ing procedures and practices; to provide for applications; to provide for early and special write-in ballots, envelopes, and all election supplies; to provide for powers, duties, author ity, and responsibilities of election officials in connection with early voting; to provide for voter assistance; to provide for the processing, handling, safekeeping, and certification of ballots; to provide that early voting shall be in lieu of absentee voting; to provide for con forming changes to certain election statutes referencing absentee voting; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide for conforming changes to certain provisions referencing absentee voting; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking subsection (b) of Code Section 21-2-40, relating to creation of boards of elections and boards of elections and registration, and inserting in its place a new subsection (b) to read as follows:
"(b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee early balloting procedures."
SECTION 2. Said title is further amended by striking paragraph (5) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in its place a new paragraph (5) to read as follows:

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"(5) To furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, precinct returns, recap sheets, consoli dated returns, oaths of managers and clerks, oaths of assisted electors, voters certifi cates and binders, applications for absentee early ballots, envelopes and instruction sheets for absentee early ballots, and such other supplies as the Secretary of State shall deem necessary and advisable from time to time, for use in all elections and pri maries. Such forms shall have printed thereon appropriate instructions for their use;".
SECTION 3. Said title is further amended by striking subsection (e) of Code Section 21-2-216, relating to voter qualifications, and inserting in its place a new subsection (e) to read as follows:
"(e) If any citizen of this state begins residence in another state after the thirtieth day next preceding any election for President and Vice President and, for that reason, does not satisfy the registration requirements of that state, such citizen shall be allowed to vote for presidential and vice presidential electors, in that election, in person in this state if such citizen satisfied, as of the date of such citizen's change of residence, the requirements to vote in this state, or by absentee early ballot in this state if such citizen satisfies, but for such citizen's nonresident status and the rcaaon for such citizen's absence, the requirements for absentee early voting in this state."
SECTION 4. Said title is further amended by striking subsection (c) of Code Section 21-2-218, relating to registration and the change of an elector's residence, and inserting in its place a new subsection (c) to read as follows:
"(c) In the event that an elector moves to a residence within the county and has a dif ferent address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact at least 30 days prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee early ballot for this purpose for electors who move to an address within the county which is different from the address contained on the person's registration card."
SECTION 5. Said title is further amended by striking subsection (d) of Code Section 21-2-219, relating to registration, and inserting in its place a new subsection (d) to read as follows:
"(d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee early ballot under Code Section 21 2-381 21-2-383, or a special absentee write-in ballot under Code Section 21 2-381.1 21-2-383, as appropriate."
SECTION 6. Said title is further amended by striking subsections (b), (e), and (g) of Code Section 21-2-230, relating to challenges to the right to vote, and inserting in their place new sub sections (b), (e), and (g), respectively, to read as follows:
"(b) Upon the filing of such challenge, the county board of registrars shall immediately consider such challenge and determine whether probable cause exists to sustain such challenge. If the registrars do not find probable cause, the challenge shall be denied. If the registrars find probable cause, the registrars shall notify the poll officers of the chal lenged elector's precinct or, if the challenged elector voted by absentee early ballot, notify the poll officers at the absentee early ballot precinct and, if practical, notify the challenged elector and afford such elector an opportunity to answer." "(e) If the challenged elector cast an absentee early ballot and it is not practical to con duct a hearing prior to the close of the polls and the challenge is based upon grounds other than the qualifications of the elector to remain on the list of electors, the absentee

TUESDAY, FEBRUARY 7, 1995

591

early ballot shall be treated as a challenged ballot pursuant to subsection <& {c| of Code Section 21-2-386 21-2-385. No further action by the registrars shall be required." "(g) If the challenged elector cast an absentee early ballot and the challenge is based upon grounds that the challenged elector is not qualified to remain on the list of elec tors, the board of registrars shall proceed to conduct a hearing on the challenge on an expedited basis prior to the certification of the consolidated returns of the election by the election superintendent. The election superintendent shall not certify such consoli dated returns until such hearing is complete and the registrars have rendered their deci sion on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the chal lenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229."
SECTION 7. Said title is further amended by striking Code Section 21-2-287, relating to form of absen tee ballots, and inserting in its place a new Code Section 21-2-287 to read as follows:
"21-2-287.
The form for the absentee early ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip."
SECTION 8. Said title is further amended by striking Article 10 of Chapter 2, relating to absentee vot ing, and inserting in its place a new Article 10, relating to early voting, to read as follows:
"ARTICLE 10
21-2-380. As used in this article, the term 'early voter' means an elector of this state who:
(1) For any reason, desires to vote in person in accordance with this article prior to the date of a primary or election; (2) Will be absent from the county during the entire time during which early ballots are available for voting early in person and will be absent from the county on the day of the primary or election in which such elector desires to vote the entire time the polls are open or is 75 years of age or older; or (3) Because of physical disability, will not be able to vote early in person or be present at the polls on the day of the primary or election in which such elector desires to vote.
21-2-381. (a) The superintendent shall, as soon as practical prior to each primary or election, but at least 45 days prior to any general primary or general election, prepare or obtain and deliver an adequate supply of official early ballots, special write-in ballots, envelopes, and other supplies as required by this article to the board of registrars for use in the primary or election. (b) Ballots for use by early voters shall be marked 'Official Early Ballot' and shall be in the form required by Article 8 of this chapter, except that in counties using vote recorders the ballots shall be in substantially the form for ballot labels required by Arti cle 9 of this chapter so as to permit the ballot to be machine tabulated. Special write-in ballots shall be for presidential electors and United States senator or representative in Congress and shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office. The special write-in ballot shall be available for the November general election only. Voting machines shall not be used for early voting. The Secretary of State shall determine and prescribe the form for all early ballots and spe cial write-in ballots.

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(c) The superintendent shall provide two envelopes for each official early ballot of such size and shape as shall be determined by the Secretary of State in order to permit the placing of one within the other. On the smaller of the two envelopes, which shall be called the 'ballot envelope,' shall be printed the words 'Official Early Ballot' and nothing else. On the back of the larger of the two envelopes, which shall be called the 'oath envelope,' shall be printed the form of the oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-598 and on the face thereof shall be printed the name and address of the board of registrars. In addition, the super intendent shall provide a sufficient number of mailing envelopes of a size and shape as shall be determined by the Secretary of State in order to permit the placing of the bal lot; the ballot envelope; the oath envelope; the instructions for the manner of preparing and returning the ballot, the form and substance of which shall be determined by the Secretary of State; and supplies needed to vote the ballot, if any. (d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is ___________ County, Geor gia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by early ballot; that I have not voted and will not vote any other early ballot in such pri mary or election nor shall I vote therein in person at the polls; and that I have read and understand the instructions accompanying this ballot and I have carefully com plied with such instructions in completing this ballot.

Elector's Residence Address

Month and Day of Elector's Birth

Signature or Mark of Elector
Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking and completing such elector's early ballot as such elector personally commu nicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under the provisions of subsection (a) of Code Section 21-2-409.
This, the _____ day of ___________________, 19__.

Signature of Person Assisting Elector

Relationship of Person Assisting Elector (if any)
Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has the following physical disability (list the specific disability which caused the elector to require assistance in voting): _______________.
The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election.

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593

Georgia law further provides that any person who illegally votes by early ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor.
21-2-382. (a) After the official early ballots are delivered to the board of registrars, any early voter may vote an early ballot by appearing at the main office of the board of registrars or at any other such location within the county as may be designated by the board of regis trars for the purpose of early voting and completing an early voter's certificate and pre senting such certificate to the registrars. The registrars shall examine the voter's certificate and determine if the early voter is entitled to vote. Upon determining that the early voter is entitled to vote, the registrar shall initial the voter's certificate, record the name of the early voter on the numbered list of early voters for the early voter's precinct in the order of voting, record the number of the stub of the ballot issued to the early voter, issue the ballot to the early voter, and insert the voter's certificate in the binder provided therefor. (b) If an early voter was unable to sign such early voter's name at the time of registra tion or if, having been able to sign such early voter's name when registered, such early voter shall have become, through physical disability, unable to sign such early voter's name when such early voter applies to vote, such early voter shall establish such early voter's identity to the satisfaction of the registrars; and in such case such early voter shall not be required to sign a voter's certificate, but a certificate shall be prepared for such early voter by a registrar, upon which the facts of the disability shall be noted and attested by the signature of such registrar. (c) The form of the voter's certificate for use by early voters shall be determined by the Secretary of State and shall be in substantially the same form as the voter's certificate specified in Code Section 21-2-402. (d) Upon being issued an early ballot, the early voter shall then and there vote the early ballot within the confines of the main office of the board of registrars or at such other location within the county as may be designated by the board of registrars for the pur pose of early voting. The registrars shall furnish accommodations to the early voter to ensure the privacy of the early voter while voting the ballot. After voting the ballot, the early voter shall fold the ballot as necessary and enclose and securely seal the ballot in the ballot envelope on which is printed the words 'Official Early Ballot.' The sealed bal lot envelope shall then be placed inside the oath envelope and securely sealed. The early voter shall then fill out, subscribe, and swear to the oath printed on such envelope. If the early voter received assistance in preparing the ballot, the person rendering assist ance to the early voter shall fill out, subscribe, and swear to the oath of assistance printed on the same envelope as the early voter's oath. The ballot so enclosed in such envelopes shall then be placed in a locked ballot box provided by the registrars for such ballots. Such ballot box shall, in addition to a lock, be secured with a prenumbered plas tic or metal seal. Said seal shall be attached to the box by the registrars in public in the presence of the clerk of superior court and the judge of the probate court prior to the first ballot's being deposited into the box and after the clerk of superior court and judge of the probate court have inspected the ballot box to verify that the box is empty. The number of the seal shall be recorded by the registrars, the clerk of superior court, and the judge of the probate court and retained on file in their offices until the time for contesting the primary or election has passed. Such numbers shall be available for public inspection. (e) A physically disabled or illiterate early voter may receive assistance in preparing such early voter's ballot from one of the following: any elector who is qualified to vote in the same county as the disabled or illiterate early voter or the mother, father, grand parent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate early voter. No person shall assist more than ten electors in any primary, election, or runoff.
21-2-383.

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(a) Not more than 180 days prior to the date of the primary or election, or runoff of either, an early voter, as defined in paragraphs (2) and (3) of Code Section 21-2-380, may make an application to the board of registrars of the county of the early voter's residence for an official early ballot of such early voter's precinct to be voted at such primary, election, or runoff to be mailed to such early voter. In addition, applications for early ballots for such early voters may be made, upon satisfactory proof of relation ship, by such early voter's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-inlaw, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. Such applica tions may be made by mail, by facsimile transmission, or in person at the registrars' office. (b) Such applications shall be in writing and shall contain the following:
(1) Sufficient information for proper identification of the early voter; (2) The address to which the early ballot is to be mailed; (3) The identity of the primary, election, or runoff in which the early voter desires to vote; (4) The name and relationship of the person requesting the ballot on behalf of the early voter, if any; (5) If an early voter as defined in paragraph (2) of Code Section 21-2-380, a statement that the early voter will be absent from the county during the entire time during which early ballots are available for voting early in person and that the early voter will be absent from the county on the day of the primary or election in which such early voter desires to vote the entire time the polls are open;
(6) If an early voter as defined in paragraph (3) of Code Section 21-2-380, a statement that the early voter will not be able to vote early in person or be present at the polls on the day of the primary or election in which the early voter desires to vote because of physical disability and a statement of the nature of the physical disability; and
(7) If requesting a special write-in ballot, a statement that the early voter is unable to vote by regular early ballot or in person due to requirements of military service or due to living in isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secre tary of State and returned with the special write-in ballot.
(c) Relatives applying for an early ballot for early voters must also sign an oath stating that the facts in the application are true.
(d) If an early voter is unable to fill out or sign the application because of illiteracy or physical disability, the early voter shall make such early voter's mark and the person filling in the rest of the application shall sign such person's name below the mark as a witness.
(e) Early ballot applications by or on behalf of early voters, as defined in paragraph (3) of Code Section 21-2-380, must be accompanied by a certificate of a doctor or nurse stating that the early voter possesses the physical disability claimed, whether such dis ability is temporary or permanent, and that such physical disability prevents the early voter from voting early in person or at the polls; provided, however, that, for electors with permanent such disabilities, one such certificate shall be sufficient for all future elections unless such early voter changes such early voter's county of residence. The reg istrars shall record the fact of such permanent disability on the elector's registration records.
(f) One timely and proper application for an early ballot for use in a primary, including the presidential preference primary, shall be sufficient to require the mailing of an early ballot to an eligible early voter who lives outside the county and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, a spouse or dependent of a member of the armed forces or merchant marine residing with or accompanying such member, or an overseas citizen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates and any runoffs resulting therefrom. Further, such application for an early ballot to be used in any election shall be sufficient to require the mailing of an early ballot for any runoffs resulting from such election. A separate and distinct

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595

application is required for special primaries and special elections. A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an early ballot or a spe cial write-in ballot, as appropriate.
(g)(l) A citizen of the United States permanently residing outside of the United States is entitled to make application for an early ballot from Georgia and to vote by early ballot in any election for presidential electors and United States senator or rep resentative in Congress:
(A) If such citizen was last domiciled in Georgia immediately before such citizen's departure from the United States; and (B) If such citizen could have met all qualifications to vote in federal elections even though, while residing outside the United States, such citizen does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an early ballot under paragraph (1) of this subsection even if such individual's intent to return to Georgia may be uncertain, as long as: (A) Such individual has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. Section 1973ff concerning absen tee registration for and voting by absentee ballots;
(B) Such individual does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any ter ritory or possession of the United States; and
(C) Such individual has a valid passport or card of identity issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alter native form of identification consistent with 42 U.S.C. Section 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration.
(h) The application for a special write-in ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State,
(i) Upon receipt of a timely application from an early voter under this Code section, the registrars shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If the early voter is found eligible, the registrars shall certify by signing in the proper place on the application and shall mail an early ballot to the address listed in the application. No ballot shall be mailed to an address other than the permanent mailing address which has been recorded on the elector's registration card, the permanent in-county address, or temporary out-of-county address of the early voter. If the early voter is found ineligible, the registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of such applicant's ineligibility. A copy of the notification shall be retained on file in the main office of the registrars for at least one year. If the registrars are unable to determine the identity of the early voter from the information given on the application, the registrars shall promptly write to request additional information. In the case of an unregistered appli cant who is eligible for registration, the registrars shall immediately mail a blank regis tration card as provided in Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by early ballot in such primary or election, if the registration card, properly completed, is returned to the registrars on or before the last day for registering to vote in such primary or election. If the closing date for regis tration in the primary or election concerned has not passed, the registrars shall also mail an early ballot to the applicant, as soon as the ballots are prepared and available; and the ballot shall be cast therein if the applicant returns the registration card timely, is found eligible to vote, and returns the early ballot timely.
(j) In those counties in which the board of registrars provides application forms for early ballots, the registrars shall provide such quantity of the application form to the presi dent of each college or university located in that county as said president determines necessary for the students of such president's college or university.

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(k) The registrars shall, within two days after receipt of the early ballots and supplies from the superintendent, mail official early ballots to all eligible applicants and, as addi tional applicants are determined to be eligible, the registrars shall mail official early bal lots immediately upon determining their eligibility. No early ballots shall be mailed on the day prior to a primary or election. The date a ballot is mailed and the date the bal lot is returned shall be entered on the application therefor. In the event an early ballot which has been mailed by the registrars is not received by the applicant, the applicant may notify the registrars and sign an affidavit stating that the ballot has not been received. The registrars shall then issue a second early ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application and a second application shall not be required.
(1) At any time after receiving the early ballot, but before the date of the primary or election involved, the early voter shall vote the ballot, fold the ballot as necessary, and enclose and securely seal the ballot in the ballot envelope on which is printed 'Official Early Ballot.' The sealed ballot envelope shall then be placed inside the oath envelope and securely sealed. The early voter shall then fill out, subscribe, and swear to the oath printed on such envelope. If the early voter received assistance in preparing the ballot, the person rendering assistance to the early voter shall fill out, subscribe, and swear to the oath of assistance printed on the same envelope as the early voter's oath. The early voter shall then mail the ballot to the board of registrars; provided, however, that the ballots of physically disabled early voters may be delivered to the board of registrars by any adult person upon satisfactory proof that such adult person is the early voter's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brotherin-law, sister-in-law, or an individual residing in the household of such early voter,
(m) A physically disabled early voter may receive assistance in preparing such early voter's ballot by any of the persons listed in subsection (e) of Code Section 21-2-382 and, if the physically disabled early voter is sojourning outside such voter's own county, a notary public of the jurisdiction.
(n) Upon receiving an early ballot pursuant to this Code section, the registrars shall write the day and hour of the receipt of the ballot on its envelope. The registrars shall then compare the identifying information on the oath with the information on file in the registrars' office and shall, if the information and signature appear to be valid, so certify by signing below the voter's oath. Each early voter so certified shall be listed by the reg istrars on the numbered list of early voters for the early voter's precinct. If the early voter has failed to sign the oath, if the signature does not appear to be valid, if the early voter has failed to furnish required information such that the voter's identity cannot be verified, if the information supplied by the early voter does not conform to that on file in the registrar's office, or if the early voter is otherwise found disqualified to vote, the registrars shall write across the face of the envelope 'Rejected,' giving the reason there for. The registrars shall promptly notify the early voter in writing of such rejection. A copy of such notification shall be retained in the files of the board of registrars for at least one year. The name of the early voter so rejected and the reason for the rejection shall be entered on the numbered list of rejected early voters. All certified early ballots shall be deposited in a locked ballot box along with the early ballots voted in person. Such ballot box shall, in addition to a lock, be secured with a prenumbered plastic or metal seal. Said seal shall be attached to the box by the registrars in public in the pres ence of the clerk of superior court and the judge of the probate court prior to the first ballot's being deposited into the box and after the clerk of superior court and judge of the probate court have inspected the ballot box to verify that the box is empty. The number of the seal shall be recorded by the registrars, the clerk of superior court, and the judge of the probate court and retained on file in their offices until the time for con testing the primary or election has passed. Such numbers shall be available for public inspection.
(o) In order to be counted, an early ballot must be received by the board of registrars before the opening of the polls on the day of the primary or election. Ballots received
after that time shall be safely kept unopened by the registrars for the period of time

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required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars shall promptly notify the early voters by first-class mail that the early voter's ballot was returned too late to be counted and that the early voter will not receive credit for voting in the primary or election. (p) An early voter, as defined by paragraph (3) of Code Section 21-2-380, who is con fined to a hospital on the day of a primary or election or within a period of five days immediately preceding the primary or election or who, due to sudden illness or injury during this time period, is confined to a residence on the day of a primary or election may request the registrars personally to deliver an early ballot to such early voter. The board of registrars is authorized, but not required, to comply with such request. Such early voter to whom an early ballot is delivered in person by a registrar shall vote the ballot then and there in accordance with the procedures contained in this Code section, shall then seal such ballot, and shall return it to the registrar. Any such ballots person ally delivered by a registrar must be returned to the office of the board of registrars by 12:00 Noon on the day of the primary or election in order to be counted.
21-2-384. (a) When an early ballot has been voted in person or has been returned to the board of registrars, it shall be deemed to have been voted then and there and no other ballot shall be issued to the voter. (b) The main office shall and other such locations within the county as may be desig nated by the board of registrars for the purpose of early voting may be open for a rea sonable period of time on the two Saturdays immediately prior to each primary, election, or runoff of either, for the purpose of early voting. Such period of time shall not be less than two hours. (c) Whenever it shall appear by due proof to the registrars that an early voter who has voted by early ballot has died prior to the opening of the polls on the day of the pri mary or election, the ballot of such deceased elector shall be void and shall not be opened. The ballot shall be treated in the same manner as provided for rejected ballots. (d) The postage required for mailing ballots to early voters, as provided for in this arti cle, shall be paid by the county, except in cases where free mail delivery is furnished by the federal government. (e) The board of registrars shall maintain for public inspection a master list, arranged by precinct, of early voters to whom a ballot has been sent or who have voted in person. Early voters whose names appear upon such list may be challenged in writing by any elector of the county prior to the opening of the polls on the day of the primary or elec tion.
21-2-385. (a) No later than the time for the opening of the polls on the day of the primary or election, the ballot boxes located at any additional locations within the county as may be designated by the board of registrars for the purpose of early voting shall be trans ported to the main office of the board of registrars. (b) Beginning no earlier than the time for the opening of the polls on the day of the primary or election, the board of registrars shall open the ballot boxes and begin pro cessing the early ballots. Not less than two registrars or deputy registrars shall be present at all times while the ballots are being processed and such processing shall be done in public. (c) The registrars shall process the early ballots by opening the oath envelope in such a manner as not to destroy the oath printed thereon and opening the ballot envelope and depositing the ballot into a ballot box reserved for that purpose without disclosing the markings on the ballot. If an early voter's right to vote has been challenged for cause, the registrars shall write 'Challenged,' the early voter's name, and the alleged cause of the challenge on the back of the ballot, without disclosing the markings on the face thereof, and deposit the ballot in the ballot box. (d) After removing the ballots from the ballot envelopes and the oath envelopes and depositing the ballots into the ballot box, the registrars shall, at the close of the polls

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on the day of the primary or election, deliver the ballot box to the early voting precinct, which shall be designated by the superintendent, which shall be located in the same pre cinct which contains the county courthouse; provided, however, that vote recorder bal lots shall be delivered to the tabulating center or other place designated by the superintendent. Such ballots shall be in the custody of two registrars or deputy regis trars at all times until the ballots are turned over to the chief manager of the early vot ing precinct or, in the case of vote recorder ballots, an official at the tabulating center. The early voting precinct staff shall consist of a chief manager, two assistant managers, and such clerks as the manager deems necessary to count the ballots in accordance with the procedures set forth in this chapter for other ballots, insofar as practicable, and pre pare an election return for the county showing the results of the early votes cast in such county. In the case of vote recorder ballots, the officials at the tabulating center shall count such ballots in the manner prescribed in this chapter for vote recorder ballots, insofar as practicable, and prepare an election return for the county showing the results of the early votes cast in such county. (e) The registrars shall deliver with the ballot box the rejected ballots, all applications for ballots, and the numbered lists of certified and rejected early voters. The official receiving the ballots and other materials shall give a receipt therefor. (f) Any other provision of law to the contrary notwithstanding, if at any primary, gen eral, or special election in any county any question is to be voted on involving any politi cal subdivision which includes less than the entire county, all early ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which early ballots were cast.
21-2-386. All official early ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of superior court upon the conclusion of the primary or election and shall be safely held by such clerk for the period required by law and then shall be destroyed. On the day following the primary or election, the board of registrars shall transmit all canceled, spoiled, and unused early ballots to the clerk of superior court to be held with other election materials as provided in Code Section 21-2-500. The registrars shall also transmit an accounting of all early ballots, including the number furnished by the superintendent, the number issued, the number spoiled, and the number unused."
SECTION 9. Said title is further amended by striking subsection (b) of Code Section 21-2-401, relating to duties of election officials, and inserting in its place a new subsection (b) to read as follows:
"(b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered who has voted an absentee early ballot. The list for a given precinct may be divided into as many alpha betical sections as is deemed necessary. Such list of electors shall be authenticated by the signatures of at least two of the registrars. In addition, the registrars shall at the same time place in the possession of the managers in each precinct one copy of the list of inactive electors for such precinct. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective precincts to call at their office to obtain such lists."
SECTION 10. Said title is further amended by striking subsections (c) and (d) of Code Section 21-2-414, relating to restrictions on campaign activities, and inserting in their place new subsections (c) and (d), respectively, to read as follows:
"(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,

TUESDAY, FEBRUARY 7, 1995

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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 early ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which absentee early ballots are being cast on any day."
SECTION 11. Said title is further amended by striking subsection (c) of Code Section 21-2-431, relating to voters certificates, and inserting in its place a new subsection (c) to read as follows:
"(c) Except as provided in Code Sections 21-2-218 and 21-2-386 Article 10 of this chap ter, no person shall vote at any primary or election at any polling place outside the pre cinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct."
SECTION 12. Said title is further amended by striking subsection (c) of Code Section 21-2-451, relating to execution of a voter's certificate, and inserting in its place a new subsection (c) to read as follows:
"(c) Except as provided in Code Sections 21-2-218 ael 21-2-386 Article 10 of this chap ter, no person shall vote at any primary or election at any polling place outside the pre cinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct."
SECTION 13. Said title is further amended by striking subsection (h) of Code Section 21-2-452, relating to voting procedures, and inserting in its place a new subsection (h) to read as follows:
"(h) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Absentee Early bal lots may be used for this purpose. The superintendent shall provide sufficient accommo dations to permit such a handicapped elector to vote in private."
SECTION 14. Said title is further amended by striking subsection (g) of Code Section 21-2-470, relating to ballot procedures, and inserting in its place a new subsection (g) to read as follows:
"(g) The superintendent shall have at least one voting booth in each precinct modified or shall make paper ballots available for handicapped electors who, due to their handi cap, are unable to vote on a vote recorder in a regular voting booth. Absentee Early bal lots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such a handicapped elector to vote in private."
SECTION 15. Said title is further amended by striking subsections (f) and (g) of Code Section 21-2-471, relating to ballots and returns, and inserting in their place new subsections (f) and (g), respectively, to read as follows:
"(f) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee elccters early voters and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this chapter for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee early votes, and shall be canvassed and certified as provided by this chapter. The ballot cards, write-in ballots, spoiled, defective, and invalid ballot cards, and returns shall be filed and retained in the same manner as pro vided by this chapter for paper ballots. (g) The final canvass of the votes cast on vote recorders and counted by tabulating machines in a primary or election may be made by adding the results as determined by the superintendent to the results of the canvass of votes cast by absentee electors early voters and write-in votes and making the statement of the vote in the manner provided

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for the particular primary or election. If paper ballots or voting machines are used in part of the county for all or a part of the primary or election, such votes shall be can vassed in the manner provided by this chapter and shall be added to the votes cast on ballot cards as provided by this chapter."
SECTION 16. Said title is further amended by striking subsections (j) and (m) of Code Section 21-2-493, relating to computation and tabulation of returns, and inserting in their place a new sub section (j) to read as follows:
"(j) The superintendent shall see that the votes shown by each abocntcc early ballot are added to the return received from the precinct of the elector casting such ballot."
dential preference primary te be held in 1002, the superintendent shall begin te compute and consolidate the returns from each precinct and aH absentee ballots east through 7*66
r, JVi Oli tfl6 Q&tC Of tllC pTCSlClCntl&l prCICFCRCC pPlIRftfy not ifttCP tflfln lilUU WOOW OH
the day following the date ef the presidential preference primary 4n accordance with the procedures set forth in this Code section. Upon the conclusion ef the consolidation, the superintendent shall announce the results ef the consolidation btrt ahall net certify the consonQ.flt-ion. At of DCIOPG i. AUU JNoon on tnc liitcontn dsy ioilowin^ trie olstc Or tnc presidential preference primary, the superintendent shall compute and canvass the
the date ef the presidential preference primary bat by 6rfK> P.M. en the fourteenth dayfollowing the date ef- the presidential preference primary which were postmarked en er Dciorc tnc date et tnc presidential prctcrcncc primary, l ncse returns snail DC added te the consolidation ef the votes previously prepared and a final consolidation ef- the votes
materials shall then be distributed in accordance with the provisions ef this chapter."
SECTION 17. Said title is further amended by striking paragraph (3) of Code Section 21-2-496, relating to the consolidated return, and inserting in its place a new paragraph (3) to read as fol lows:
"(3) One copy to be forwarded to the Secretary of State, together with a copy of each precinct return and a copy of the numbered list of voters of each precinct, as well as the returns and numbered list of voters for absentee electors early voters; and".
SECTION 18. Said title is further amended by striking Code Section 21-2-573, relating to absentee voting by an unqualified elector, and inserting in its place a new Code Section 21-2-573 to read as follows:
"21-2-573. Any person who votes or attempts to vote by absentee early ballot at any primary or election under Article 10 of this chapter and who is not qualified to vote shall be guilty of a misdemeanor."
SECTION 19. Said title is further amended by striking Code Section 21-3-7.1, relating to the furnishing of forms, and inserting in its place a new Code Section 21-3-7.1 to read as follows:
"21-3-7.1. The Secretary of State shall furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, precinct returns, consolidated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee early ballots, envelopes and instruction sheets for absentee early ballots, and such other supplies as he the Secretary of State shall deem necessary and advisable from time to time, for use in all municipal elections and pri maries. Such forms shall have printed thereon appropriate instructions for their use."

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SECTION 20. Said title is further amended by striking subsections (d) through (g) of Code Section 21-3-125, relating to challenges to the right to vote, and inserting in their place new sub sections (d) through (g) to read as follows:
"(d) If the challenged elector does not cast an absentee early ballot and does not appear at the polling place to vote and if the challenge is based on grounds other than the qual ifications of the elector to remain on the list of electors, no further action by the regis trars shall be required. (e) If the challenged elector cast an absentee early ballot and it is not practical to con duct a hearing prior to the close of the polls and the challenge is based upon grounds other than the qualifications of the elector to remain on the list of electors, the abacntce early ballot shall be treated as a challenged ballot pursuant to subsection (e) of Code Section 21-3-201 21-3-285. No further action by the registrars shall be required. (f) If the challenged elector does not cast an absentee early ballot and does not appear at the polling place to vote and the challenge is based on the grounds that the elector is not qualified to remain on the list of electors, the board of registrars shall proceed to hear the challenge pursuant to Code Section 21-2-229. (g) If the challenged elector cast an absentee early ballot and the challenge is based upon grounds that the challenged elector is not qualified to remain on the list of elec tors, the board of registrars shall proceed to conduct a hearing on the challenge on an expedited basis prior to the certification of the consolidated returns of the election by the election superintendent. The election superintendent shall not certify such consoli dated returns until such hearing is complete and the registrars have rendered their deci sion on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the chal lenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229."
SECTION 21. Said title is further amended by striking subsection (b) of Code Section 21-3-188, relating to the form of absentee ballots, and inserting in its place a new subsection (b) to read as follows:
"(b) The form for the absentee early ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip."
SECTION 22. Said title is further amended by striking Article 10 of Chapter 3, relating to absentee vot ing, and inserting in its place a new Article 10, relating to early voting, to read as follows:
"ARTICLE 10
21-3-280. As used in this article, the term 'early voter* means an elector of this state who:
(1) For any reason, desires to vote in person in accordance with this article prior to the date of a primary or election; (2) Will be absent from the municipality and county during the entire time during which early ballots are available for voting early in person and will be absent from the municipality and county on the day of the primary or election in which such elec tor desires to vote the entire time the polls are open or is 75 years of age or older; or (3) Because of physical disability, will not be able to vote early in person or be present at the polls on the day of the primary or election in which such elector desires to vote.
21-3-281.

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The governing authority of each municipality shall appoint an early ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article. Such early ballot clerk may desig nate such deputy early ballot clerks as the early ballot clerk deems necessary to assist in performing the duties set forth in this article.

21-3-282. (a) The superintendent shall, as soon as practical prior to each primary or election, but at least 14 days prior to any primary or election, prepare or obtain and deliver an ade quate supply of official early ballots, envelopes, and other supplies as required by this article to the early ballot clerk for use in the primary or election. (b) Ballots for use by early voters shall be marked 'Official Early Ballot' and shall be in the form required by Article 8 of this chapter, except that in municipalities using vote recorders the ballots shall be in substantially the form for ballot labels required by Arti cle 9 of this chapter so as to permit the ballot to be machine tabulated. Voting machines shall not be used for early voting. (c) The superintendent shall provide two envelopes for each official early ballot of such size and shape as shall be determined by the Secretary of State in order to permit the placing of one within the other. On the smaller of the two envelopes, which shall be called the 'ballot envelope,' shall be printed the words 'Official Early Ballot' and nothing else. On the back of the larger of the two envelopes, which shall be called the 'oath envelope,' shall be printed the form of the oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-3-318, and the penalties provided for in Code Sections 21-3-448, 21-3-453, 21-3-459, and 21-3-478 and on the face thereof shall be printed the name and address of the early ballot clerk. In addition, the superin tendent shall provide a sufficient number of mailing envelopes of a size and shape as shall be determined by the Secretary of State in order to permit the placing of the bal lot; the ballot envelope; the oath envelope; the instructions for the manner of preparing and returning the ballot, the form and substance of which shall be determined by the Secretary of State; and supplies needed to vote the ballot, if any. (d) The oaths referred to in subsection (c) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is ___________ City, ___________ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by early ballot; that I have not voted and will not vote any other early ballot in such primary or election nor shall I vote therein in person at the polls; and that I have read and understand the instructions accompanying this ballot and I have carefully complied with such instructions in completing this ballot.

Elector's Residence Address

Month and Day of Elector's Birth

Signature or Mark of Elector
Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking and completing such elector's early ballot as such elector personally commu nicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under the provisions of subsection (a) of Code Section 21-3-318.

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603

This, the _____ day of ___________________, 19__.

Signature of Person Assisting Elector

Relationship of Person Assisting Elector (if any)
Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has the following physical disability (list the specific disability which caused the elector to require assistance in voting): _______________.
The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (c) of Code Section 21-3-318, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who illegally votes by early ballot or who illegally gives or receives assistance in voting shall be guilty of a misdemeanor.
21-3-283.
(a) After the official early ballots are delivered to the early ballot clerk, any early voter may vote an early ballot by appearing at the office of the early ballot clerk or at any other such location within the municipality as may be designated by the governing authority for the purpose of early voting and completing an early voter's certificate and presenting such certificate to the early ballot clerk. The early ballot clerk shall examine the voter's certificate and determine if the early voter is entitled to vote. Upon deter mining that the early voter is entitled to vote, the early ballot clerk shall initial the voter's certificate, record the name of the early voter on the numbered list of early vot ers for the early voter's precinct in the order of voting, record the number of the stub of the ballot issued to the early voter, issue the ballot to the early voter, and insert the voter's certificate in the binder provided therefor. (b) If an early voter was unable to sign such early voter's name at the time of registra tion or if, having been able to sign such early voter's name when registered, such early voter shall have become, through physical disability, unable to sign such early voter's name when such early voter applies to vote, such early voter shall establish such early voter's identity to the satisfaction of the early ballot clerk; and in such case such early voter shall not be required to sign a voter's certificate, but a certificate shall be prepared for such early voter by the early ballot clerk, upon which the facts of the disability shall be noted and attested by the signature of such early ballot clerk. (c) The form of the voter's certificate for use by early voters shall be determined by the Secretary of State and shall be in substantially the same form as the voter's certificate specified in Code Section 21-3-311. (d) Upon being issued an early ballot, the early voter shall then and there vote the early ballot within the confines of the office of the early ballot clerk or at such other location as may be designated by the governing authority for the purpose of early voting. The early ballot clerk shall furnish accommodations to the early voter to ensure the privacy of the early voter while voting the ballot. After voting the ballot, the early voter shall fold the ballot as necessary and enclose and securely seal the ballot in the ballot enve lope on which is printed the words 'Official Early Ballot.' The sealed ballot envelope shall then be placed inside the oath envelope and securely sealed. The early voter shall then fill out, subscribe, and swear to the oath printed on such envelope. If the early voter received assistance in preparing the ballot, the person rendering assistance to the early voter shall fill out, subscribe, and swear to the oath of assistance printed on the same envelope as the early voter's oath. The ballot so enclosed in such envelopes shall then be placed in a locked ballot box provided by the early ballot clerk for such ballots. Such ballot box shall, in addition to a lock, be secured with a prenumbered plastic or metal seal. Said seal shall be attached to the box by the early ballot clerk in public in

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the presence of the chief of police prior to the first ballot's being deposited into the box and after the chief of police has inspected the ballot box to verify that the box is empty. The number of the seal shall be recorded by the early ballot clerk and the chief of police and retained on file in their offices until the time for contesting the primary or election has passed. Such numbers shall be available for public inspection. (e) A physically disabled or illiterate early voter may receive assistance in preparing such early voter's ballot from one of the following: any elector who is qualified to vote in the same municipality as the disabled or illiterate early voter or the mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grand child, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sisterin-law of the disabled or illiterate early voter. No person shall assist more than ten electors in any primary, election, or runoff.
21-3-284. (a) Not more than 180 days prior to the date of the primary or election, or runoff of either, an early voter, as defined in paragraphs (2) and (3) of Code Section 21-3-280, may make an application to the early ballot clerk of the municipality of the early voter's residence for an official early ballot of such early voter's precinct to be voted at such primary, election, or runoff to be mailed to such early voter. In addition, applications for early ballots for such early voters may be made, upon satisfactory proof of relation ship, by such early voter's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-inlaw, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. Such applica tions may be made by mail, by facsimile transmission, or in person at the early ballot clerk's office. (b) Such applications shall be in writing and shall contain the following:
(1) Sufficient information for proper identification of the early voter; (2) The address to which the early ballot is to be mailed; (3) The identity of the primary, election, or runoff in which the early voter desires to vote; (4) The name and relationship of the person requesting the ballot on behalf of the early voter, if any; (5) If an early voter as defined in paragraph (2) of Code Section 21-3-280, a statement that the early voter will be absent from the municipality and the county during the entire time during which early ballots are available for voting early in person and that the early voter will be absent from the municipality and the county on the day of the primary or election in which such early voter desires to vote the entire time the polls are open; and (6) If an early voter as defined in paragraph (3) of Code Section 21-3-280, a statement that the early voter will not be able to vote early in person or be present at the polls on the day of the primary or election in which the early voter desires to vote because of physical disability and a statement of the nature of the physical disability. (c) Relatives applying for an early ballot for early voters must also sign an oath stating that the facts in the application are true. (d) If an early voter is unable to fill out or sign the application because of illiteracy or physical disability, the early voter shall make such early voter's mark and the person filling in the rest of the application shall sign such person's name below the mark as a witness. (e) Early ballot applications by or on behalf of early voters, as defined in paragraph (3) of Code Section 21-3-280, must be accompanied by a certificate of a doctor or nurse stating that the early voter possesses the physical disability claimed, whether such dis ability is temporary or permanent, and that such physical disability prevents the early voter from voting early in person or at the polls; provided, however, that, for electors with permanent such disabilities, one such certificate shall be sufficient for all future elections unless such early voter changes such early voter's residence out of the munici pality. The registrars shall cause the fact of such permanent disability to be recorded on the elector's registration records.

TUESDAY, FEBRUARY 7, 1995

605

(f) One timely and proper application for an early ballot for use in a primary shall be sufficient to require the mailing of an early ballot to an eligible early voter who lives outside the municipality and county and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, a spouse or dependent of a member of the armed forces or merchant marine residing with or accom panying such member, or an overseas citizen for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candi dates and any runoffs resulting therefrom. Further, such application for an early ballot to be used in any election shall be sufficient to require the mailing of an early ballot for any runoffs resulting from such election. A separate and distinct application is required for special primaries and special elections. A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if sub mitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an early ballot.
(g) Upon receipt of a timely application from an early voter under this Code section, the early ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If the early voter is found eligible, the early ballot clerk shall certify by signing in the proper place on the application and shall mail an early ballot to the address listed in the application. No ballot shall be mailed to an address other than the permanent mailing address which has been entered on the elector's registration card, the permanent in-municipality address, or temporary out-of-county address of the early voter. If the early voter is found ineligible, the early ballot clerk shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the appli cant in writing of the ground of such applicant's ineligibility. A copy of the notification shall be retained on file in the office of the early ballot clerk for at least one year. If the early ballot clerk is unable to determine the identity of the early voter from the information given on the application, the early ballot clerk shall promptly write to request additional information. In the case of an unregistered applicant who is eligible for registration, the early ballot clerk shall cause the registrar immediately to mail a blank registration card as provided in Code Section 21-3-123, and such applicant, if oth erwise qualified, shall be deemed eligible to vote by early ballot in such primary or elec tion, if the registration card, properly completed, is returned to the registrar on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the early ballot clerk shall also mail an early ballot to the applicant, as soon as the ballots are prepared and available; and the ballot shall be cast therein if the applicant returns the registra tion card timely, is found eligible to vote, and returns the early ballot timely,
(h) The early ballot clerk shall, within two days after receipt of the early ballots and supplies from the superintendent, mail official early ballots to all eligible applicants and, as additional applicants are determined to be eligible, the early ballot clerk shall mail official early ballots immediately upon determining their eligibility. No early ballots shall be mailed on the day prior to a primary or election. The date a ballot is mailed and the date the ballot is returned shall be entered on the application therefor. In the event an early ballot which has been mailed by the early ballot clerk is not received by the applicant, the applicant may notify the early ballot clerk and sign an affidavit stat ing that the ballot has not been received. The early ballot clerk shall then issue a second early ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application and a second application shall not be required.
(i) At any time after receiving the early ballot, but before the date of the primary or election involved, the early voter shall vote the ballot, fold the ballot as necessary, and enclose and securely seal the ballot in the ballot envelope on which is printed 'Official Early Ballot.' The sealed ballot envelope shall then be placed inside the oath envelope and securely sealed. The early voter shall then fill out, subscribe, and swear to the oath printed on such envelope. If the early voter received assistance in preparing the ballot,
the person rendering assistance to the early voter shall fill out, subscribe, and swear to
the oath of assistance printed on the same envelope as the early voter's oath. The early

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voter shall then mail the ballot to the early ballot clerk; provided, however, that the bal lots of physically disabled early voters may be delivered to the early ballot clerk by any adult person upon satisfactory proof that such adult person is the early voter's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sis ter-in-law, or an individual residing in the household of such early voter, (j) A physically disabled early voter may receive assistance in preparing such early voter's ballot by any of the persons listed in subsection (e) of Code Section 21-3-283 and, if the physically disabled early voter is sojourning outside such voter's own county, a notary public of the jurisdiction. (k) Upon receiving an early ballot pursuant to this Code section, the early ballot clerk shall write the day and hour of the receipt of the ballot on its envelope. The early ballot clerk shall then compare the identifying information on the oath with the information on file in the registrars' office and shall, if the information and signature appear to be valid, so certify by signing below the voter's oath. Each early voter so certified shall be listed by the early ballot clerk on the numbered list of early voters for the early voter's precinct. If the early voter has failed to sign the oath, if the signature does not appear to be valid, if the early voter has failed to furnish required information such that the voter's identity cannot be verified, if the information supplied by the early voter does not conform to that on file in the registrars' office, or if the early voter is otherwise found disqualified to vote, the early ballot clerk shall write across the face of the enve lope 'Rejected,' giving the reason therefor. The early ballot clerk shall promptly notify the early voter in writing of such rejection. A copy of such notification shall be retained
in the files of the early ballot clerk for at least one year. The name of the early voter so rejected and the reason for the rejection shall be entered on the numbered list of rejected early voters. All certified early ballots shall be deposited in a locked ballot box
along with the early ballots voted in person. Such ballot box shall, in addition to a lock, be secured with a prenumbered plastic or metal seal. Said seal shall be attached to the box by the early ballot clerk in public in the presence of the chief of police prior to the
first ballot's being deposited into the box and after the chief of police has inspected the ballot box to verify that the box is empty. The number of the seal shall be recorded by the early ballot clerk and the chief of police and retained on file in their offices until the time for contesting the primary or election has passed. Such numbers shall be avail
able for public inspection. (1) In order to be counted, an early ballot must be received by the early ballot clerk before the opening of the polls on the day of the primary or election. Ballots received
after that time shall be safely kept unopened by the early ballot clerk for the period of time required for the preservation of ballots used at the primary or election and shall
then, without being opened, be destroyed in like manner as the used ballots of the pri mary or election. The early ballot clerk shall promptly notify the early voter by firstclass mail that the early voter's ballot was returned too late to be counted and that the early voter will not receive credit for voting in the primary or election,
(m) An early voter, as defined by paragraph (3) of Code Section 21-3-280, who is con fined to a hospital on the day of a primary or election or within a period of five days immediately preceding the primary or election or who, due to sudden illness or injury
during this time period, is confined to a residence on the day of the primary or election may request the early ballot clerk personally to deliver an early ballot to such early
voter. The early ballot clerk is authorized, but not required, to comply with such request. Such early voter to whom an early ballot is delivered in person by an early bal lot clerk shall vote the ballot then and there in accordance with the procedures con
tained in this Code section, shall then seal such ballot, and shall return it to the early ballot clerk. Any such ballots personally delivered by the early ballot clerk must be returned to the office of the early ballot clerk by 12:00 Noon on the day of the primary
or election in order to be counted.
21-3-285. (a) When an early ballot has been voted in person or has been returned to the early
ballot clerk, it shall be deemed to have been voted then and there and no other ballot shall be issued to the voter.

TUESDAY, FEBRUARY 7, 1995

607

(b) The office of the early ballot clerk shall and other such locations as may be desig nated by the governing authority for the purpose of early voting may be open a reason able period of time on the Saturday immediately prior to each primary, election, or runoff of either, for the purpose of early voting. Such period of time shall not be less than two hours. (c) Whenever it shall appear by due proof to the early ballot clerk that an early voter who has voted by early ballot has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be void and shall not be opened. The ballot shall be treated in the same manner as provided for rejected bal lots. (d) The postage required for mailing ballots to early voters, as provided for in this arti cle, shall be paid by the municipality, except in cases where free mail delivery is fur nished by the federal government. (e) The early ballot clerk shall maintain for public inspection a master list, arranged by precinct, of early voters to whom a ballot has been sent or who have voted in person. Early voters whose names appear upon such list may be challenged in writing by any elector of the municipality prior to the opening of the polls on the day of the primary or election.
21-3-286. (a) No later than the time for the opening of the polls on the day of the primary or election, the ballot boxes located at any additional locations within the municipality as may be designated by the governing authority for the purpose of early voting shall be transported to the office of the early ballot clerk. (b) Beginning no earlier than the time for the opening of the polls on the day of the primary or election, the early ballot clerk shall open the ballot boxes and begin process ing the early ballots. Not less than two registrars, deputy registrars, or poll officers shall be present at all times while the ballots are being processed and such processing shall be done in public. (c) The early ballot clerk shall process the early ballots by opening the oath envelope in such a manner as not to destroy the oath printed thereon and opening the ballot envelopes and depositing the ballot into a ballot box reserved for that purpose without disclosing the markings on the ballot. If an early voter's right to vote has been chal lenged for cause, the early ballot clerk shall write 'Challenged,' the early voter's name, and the alleged cause of the challenge on the back of the ballot, without disclosing the markings on the face thereof, and deposit the ballot in the ballot box. (d) After removing all of the ballots from the ballot envelopes and the oath envelopes and depositing them into the ballot box, the early ballot clerk shall, at the close of the polls on the day of the primary or election, deliver the ballot box to the early voting precinct, which shall be designated by the superintendent; provided, however, that vote recorder ballots shall be delivered to the tabulating center or other place designated by the superintendent. Such ballots shall be in the custody of at least the early ballot clerk and one registrar, deputy registrar, or poll worker at all times until the ballots are turned over to the chief manager of the early voting precinct or, in the case of vote recorder ballots, an official at the tabulating center. The early voting precinct staff shall consist of a chief manager, two assistant managers, and such clerks as the manager deems necessary to count the ballots in accordance with the procedures set forth in this chapter for other ballots, insofar as practicable, and prepare an election return for the municipality showing the results of the early votes cast in such municipality. In the case of vote recorder ballots, the officials at the tabulating center shall count such ballots in the manner prescribed in this chapter for vote recorder ballots, insofar as practicable, and prepare an election return for the municipality showing the results of the early votes cast in such municipality. (e) The early ballot clerk shall deliver with the ballot box the rejected ballots, all appli cations for ballots, and the numbered lists of certified and rejected early voters. The official receiving the ballots and other materials shall give a receipt therefor.
21-3-287.

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All official early ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the city clerk upon the conclusion of the primary or election and shall be safely held by such clerk for the period required by law and then shall be destroyed. On the day following the primary or election, the early ballot clerk shall transmit all canceled, spoiled, and unused early ballots to the city clerk to be held with other election materials as provided in Code Section 21-3-409. The early ballot clerk shall also transmit an accounting of all early ballots, including the number furnished by the superintendent, the number issued, the number spoiled, and the number unused."
SECTION 23. Said title is further amended by striking subsection (a) of Code Section 21-3-312, relating to the certified electors list, and inserting in its place a new subsection (a) to read as fol lows:
"(a) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee early bal lot. The list for a given precinct may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signature of the chief registrar and at least one other registrar if more than one registrar has been appointed by the governing authority. In a primary, where the parties do not agree to have only one set of managers for a precinct, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the pre cinct in the immediately preceding election of the presiding officer of the governing authority. In addition, the registrars shall at the same time place in the possession of the managers of each precinct one copy of the list of inactive electors for such precinct. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discre tion, require the managers of the respective precincts to call at their office to obtain such lists."
SECTION 24. Said title is further amended by striking subsections (c) and (d) of Code Section 21-3-321, relating to restrictions on campaign activities, and inserting in their place new subsections (c) and (d), respectively, to read as follows:
"(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 early ballots are being cast on any day. (d) No person shall solicit signatures for any petition within a room in which abacntcc early ballots are being cast on any day."
SECTION 25. Said title is further amended by striking subsection (g) of Code Section 21-3-362, relating to voting procedures, and inserting in its place a new subsection (g) to read as follows:
"(g) The superintendent shall make paper ballots available for handicapped electors who, due to their handicap, are unable to vote on a voting machine. Abacntcc Early bal lots may be used for this purpose. The superintendent shall provide sufficient accommo dations to permit such a handicapped elector to vote in private."
SECTION 26. Said title is further amended by striking subsection (g) of Code Section 21-3-380, relating to ballot procedures, and inserting in its place a new subsection (g) to read as follows:
"(g) The superintendent shall have at least one voting booth in each precinct modified or shall make paper ballots available for handicapped electors who, due to their handi cap, are unable to vote on a vote recorder in a regular voting booth. Abacntec Early bal lots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such a handicapped elector to vote in private."

TUESDAY, FEBRUARY 7, 1995

609

SECTION 27. Said title is further amended by striking subsection (e) of Code Section 21-3-383, relating to counting of ballot cards, and inserting in its place a new subsection (e) to read as fol lows:
"(e) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee olcctew early voters and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this chapter for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee early votes, and shall be canvassed and certified as provided by this chapter. The ballot cards, write-in ballots, spoiled, defective, and invalid ballot cards, and returns shall be filed and retained in the same manner as pro vided by this chapter for paper ballots."
SECTION 28. Said title is further amended by striking subsection (d) of Code Section 21-3-403, relating to computation and tabulation of returns, and inserting in its place a new subsection (d) to read as follows:
"(d) When the returns from the various precincts which are entitled to be counted shall have been duly recorded, they shall be added together and the absentee early votes and write-in votes shall be added to that sum. The results shall then be announced and attested by the assistants who made and computed the entries, respectively, and shall be signed by the superintendent. Immediately after the completion of the computation of votes, the superintendent shall certify the returns so computed in the manner required by this chapter."
SECTION 29. Said title is further amended by striking paragraph (3) of Code Section 21-3-406, relating to filing of certified returns, and inserting in its place a new paragraph (3) to read as fol lows:
"(3) One copy to be forwarded to the Secretary of State, together with a copy of each precinct return and a copy of the numbered list of voters of each precinct, as well as the returns and numbered list of voters for absentee electors early voters; and".
SECTION 30. Said title is further amended by striking Code Section 21-3-453, relating to voting by absentee ballot, and inserting in its place a new Code Section 21-3-453 to read as follows:
"21-3-453.
Any person who votes or attempts to vote by absentee early ballot at any primary or election under Article 10 of this chapter and who is not qualified to vote shall be guilty of a misdemeanor."
SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing paragraph (1) of Code Section 31-8-111, relating to rights of residents of long-term care facilities, and inserting in its place a new paragraph (1) to read as follows:
"(l)The right to vote. Residents who are eligible to vote shall have the right to vote in primary, special, and general elections and in referenda. The facility shall permit and reasonably assist residents to obtain voter registration forms, applications for absentee early voting ballots, and absentee early voting ballots and to comply with other requirements which are prerequisites for voting;".
SECTION 32. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking paragraph (6) of Code Section 36-34-2, relating to powers relating to administration of municipal governments, and inserting in its place a new paragraph (6) to read as follows:
"(6) The power to legislate, regulate, and administer all matters pertaining to abacn tee early voting in municipal elections; and".

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SECTION 33. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended by striking paragraphs (1) and (3) of Code Section 37-3-144, relating to a patient's right to vote, and inserting in their place new paragraphs (1) and (3), respectively, to read as follows:
"(1) To obtain voter registration forms, applications for absentee early voting ballots, and absentee early voting ballots;" "(3) To vote by absentee early voting ballot if necessary."
SECTION 34. Said title is further amended by striking paragraphs (1) and (3) of Code Section 37-4-104, relating to a client's right to vote, and inserting in their place new paragraphs (1) and (3), respectively, to read as follows:
"(1) To obtain voter registration forms, applications for absentee early voting ballots, and absentee early voting ballots;" "(3) To vote by absentee early voting ballot if necessary."
SECTION 35. Said title is further amended by striking paragraphs (1) and (3) of Code Section 37-7-144, relating to a patient's right to vote, and inserting in their place new paragraphs (1) and (3), respectively, to read as follows:
"(1) To obtain voter registration forms, applications for absentee early voting ballots, and absentee early voting ballots;" "(3) To vote by absentee early voting ballot if necessary."
SECTION 36. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:
Representatives Walker of the 141st, Felton of the 43rd, Lee of the 94th, Murphy of the 18th and Barnes of the 33rd move to amend the Committee substitute to HB 63 as fol lows:
by changing the figure "45" on line 27, page 5 to the figure "8" and by adding after the figure "8" the words "including any Saturday and Sunday".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

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

N Brown, J
N Brush N Buck N Buckner N Bunn
N Burkhalter N Byrd
N Campbell Canty
N Carter
N Chambless E Channel! N Childers N Coker N Coleman, B
Coleman, T
N Connell

N Cox
N Crawford N Crews N Culbreth N Cummings
Davis, G N Davis, M
N Day N DeLoach, B N DeLoach, G
N Dix Y Dixon, H N Dixon, S N Dobbs N Ehrhart Y Epps
N Evans

N Falls
N Felton N Floyd Y Godbee N Golden
N Goodwin N Greene
N Grindley N Hanner N Harbin
N Harris Hart
Y Heard Y Heckstall Y Hegstrom N Hembree
N Henson

N Holland
Y Holmes N Howard N Hudson Y Hugley
N Irvin Y James
E Jamieson N Jenkins N Johnson, G
N Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon
N Klein

TUESDAY, FEBRUARY 7, 1995

611

N Ladd
N Lakly N Lane
N Lawrence N Lee N Lewis N Lifsey N Lord
Lucas N Maddox N Mann
Y Martin N McBee
McCall
Y McClinton
Y McKinney
N Mills Y Mobley, B N Mobley, J

N Mosley
N Mueller N O'Neal
Y Orrock N Parham N Parrish N Parsons Y Pelote N Perry N Pinholster Y Polak
Y Porter Y Poston N Powell
N Purcell, A
N Purcell, B
E Randall Y Randolph N Ray

N Reaves

'

Y Reichert

Y Roberts

N Rogers

N Royal

N Sanders

N Sauder

N Scoggins

N Shanahan

N Shaw

N Sherrill

N Shipp

Y Simpson

Y Sinkfield

N Skipper

Y Smith, C

N Smith, C.W

N Smith, L

Y Smith, P

N Smith, T
N Smith, V N Smith, W
Y Smyre N Snelling N Snow N Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P
N Stephenson N Streat E Taylor
Y Teague
Y Teper
Thomas Y Tillman N Titus

N Towery
N Trense Y Turnquest
N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts N Westmorland N Whitaker
Y White N Wiles N Williams, B
N Williams, J
N Williams, R
N Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 40, nays 127. The Bill, having failed to receive the requisite constitutional majority, was lost.

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

HR 278. By Representatives Shanahan of the 10th, Culbreth of the 132nd, Kinnamon of the 4th and Mann of the 5th:
A resolution commending Andrea Claudette Krahn and inviting her to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 279. By Representatives Smyre of the 136th, Buck of the 135th, Murphy of the 18th, Walker of the 141st, Lee of the 94th and others:
A resolution recognizing and welcoming Dr. Gerald Wayne Clough as Presi dent of the Georgia Institute of Technology.

HR 281. By Representatives Ashe of the 46th and Irvin of the 45th:
A resolution commending the Atlanta Symphony Orchestra on its 50th Anni versary Season.

HR 282. By Representative Smith of the 109th: A resolution commending Liz Daniel.

HR 283. By Representative Birdsong of the 123rd: A resolution commending Mr. Billy Ray Nobles.

HR 284. By Representatives Godbee of the 145th and Lane of the 146th:
A resolution commending Dr. Sherri L. Becker, President of the Georgia Optometric Association.

HR 285. By Representatives Ashe of the 46th, Porter of the 143rd and Cox of the 160th:
A resolution expressing regret at the passing of Miss Elva Spangenberg.

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JOURNAL OF THE HOUSE,

HR 286. By Representative Ashe of the 46th: A resolution expressing condolences at the passing of Mr. Robert Strickland.

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

WEDNESDAY, FEBRUARY 8, 1995

613

Representative Hall, Atlanta, Georgia Wednesday, February 8, 1995

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

Ashe Bailey Bannister Barfoot Bargeron Barnard Barnes Bates
Benefield
Birdsong Bostick Brooks, D Brown, G
Brown, J
Brush
Buck
Buckner Bunn Burkhalter Byrd Campbell Canty Chambless Coker Coleman, B Connell Cox

Crawford
Crews Culbreth Cummings Davis, M DeLoach, G Dix Dixon, S
Ehrhart
Epps
Evans Falls Felton Floyd Godbee
Golden
Good win Greene Grindley Harbin Heckstall Hegstrom Hembree Henson Holland Irvin James

Jamieson Jenkins
Johnson, G
Johnson, J Kaye Kinnamon
Klein Ladd Lakly
Lane Lee Lewis Lifsey
Lord Maddox
Mann
McBee McCall Mills Mobley, B Mobley, J O'Neal Par ham Parrish
Parsons Pelote Perry

Pinholster Poston Purcell, A Purcell, B Randolph Reaves Reichert Roberts Rogers Royal Sanders Sauder Scoggins
Shanahan
Shaw
Sherrill
Shipp Simpson Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T Smith, V
Smith, W

Snelling Snow Stallings Stancil, F Stancil, S Stephenson Streat Teper Thomas Tillman Towery Trense Walker, L Walker, R.L
Wall
Watson
Watts
Westmorland
Whitaker
White
Wiles
Williams, B
Williams, R
Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Childers of the 13th, Brooks of the 54th, Powell of the 23rd, DeLoach of the 172nd, Carter of the 166th, Day of the 153rd, Breedlove of the 85th, Hugley of the 133rd, Heard of the 89th, Williams of the 83rd, Mosley of the 171st, Porter of the 143rd, Bordeaux of the 151st, Ray of the 128th, Polak of the 67th, Dobbs of the 92nd, Harris of the 17th, Jones of the 71st, Hanner of the 159th, Mueller of the 152nd, Sinkfield of the 57th, Baker of the 70th, Hudson of the 156th, Titus of the 180th, Lucas of the 124th, McKinney of the 51st, Dixon of the 168th, Stanley of the 50th and Stanley of the 49th.
They wish to be recorded as present.

Prayer was offered by the Reverend Walter J. Right, Pastor, West Side Baptist Church, Carrollton, 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.

614

JOURNAL OF THE HOUSE,

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

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

HB 636. By Representative Mueller of the 152nd:
A bill to amend Code Section 21-2-98 of the Official Code of Georgia Anno tated, relating to compensation of county poll officers, so as to increase the minimum compensation of the chief manager in all counties of this state hav ing a population of 200,000 or more according to the United States decennial census of 1990 or any future such census.
Referred to the Committee on Governmental Affairs.

HB 637. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the State Court of Lowndes County, so as to provide that the solicitor of the state court shall be full time and may not engage in the private practice of law.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 638. By Representatives Felton of the 43rd, Irvin of the 45th and Trense of the 44th:
A bill to incorporate the City of Sandy Springs in Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 639. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act making provisions for the judge of the Probate Court of Lamar County, so as to provide that the judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 8, 1995

615

HB 640. By Representatives Stallings of the 100th, Mobley of the 86th and DeLoach of the 172nd:
A bill to amend Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to retirement plans under the Georgia Municipal Employees Benefit System, so as to provide a limitation on employee contri butions.
Referred to the Committee on Retirement.

HB 641. By Representatives Benefield of the 96th and Bailey of the 93rd:
A bill to amend Code Section 32-2-20 of the Official Code of Georgia Anno tated, relating to the membership of the State Transportation Board, so as to provide for per diem and transportation costs for expenses incurred when acting as a representative of the State Transportation Board.
Referred to the Committee on Transportation.
HB 642. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Taylor of the 134th and others:
A bill to amend an Act creating the board of elections and registration for Muscogee County, so as to change the manner of selecting members of the board; to change the manner of filling vacancies; to provide for succession and removal of members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 643. By Representatives Holland of the 157th, Greene of the 158th, Shaw of the 176th and Hudson of the 156th:
A bill to amend Code Section 48-7-40 of the Official Code of Georgia Anno tated, relating to the designation of counties as less developed counties, so as to provide a job tax credit for the 40 least developed counties.
Referred to the Committee on Ways & Means.
HB 644. By Representatives Burkhalter of the 41st, Trense of the 44th and Godbee of the 145th:
A bill to amend Code Section 20-2-261 of the Official Code of Georgia Anno tated, regarding common minimum school facility requirements, so as to remove a certain provision providing for automatic repeal.
Referred to the Committee on Education.

HB 645. By Representative Purcell of the 9th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the salary of the coroner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 646. By Representatives Sinkfield of the 57th and McBee of the 88th:
A bill to amend Code Section 49-4A-7 of the Official Code of Georgia Anno tated, relating to powers and duties of the Department of Children and Youth Services, so as to provide for solicitation, acceptance, and use of dona tions, contributions, and gifts by the department; to provide that grants, devises, and bequests of property may be held by the department on behalf of the state.
Referred to the Committee on Children and Youth.

616

JOURNAL OF THE HOUSE,

HB 647. By Representative Campbell of the 42nd:
A bill to amend Chapter 6 of Title 48 of the Official Code of Georgia Anno tated, relating to taxation of intangibles, so as to provide for legislative find ings; to provide a definition; to provide for an exemption from intangible taxation of notes which are secured by the primary residence of the borrower.
Referred to the Committee on Ways & Means.

HB 648. By Representatives Thomas of the 148th, Stephenson of the 25th, Pelote of the 149th, Mobley of the 69th and Mosley of the 171st:
A bill to amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to provide for the offense of reckless endangerment.
Referred to the Committee on Special Judiciary.

HR 280. By Representatives Felton of the 43rd, Walker of the 141st, Irvin of the 45th, Stephenson of the 25th and Evans of the 28th:
A resolution calling for the Conference of the States.
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 629 HB 630 HB 631 HB 632 HB 633 HB 634 HB 635 HR 276 HR 277 SB 27 SB 114

SB 131 SB 140 SB 141 SB 159 SB 201 SB 205 SB 227 SR 19 SR 113 SR 118 SR 169

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

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 464 Do Pass HB 505 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

WEDNESDAY, FEBRUARY 8, 1995

617

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 261 Do Pass SB 111 Do Pass, as Amended
Respectfully submitted, /a/ Carter of the 166th
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 51 Do Pass SB 129 Do Pass
Respectfully submitted, /a/ Lord of the 121st
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 178 Do Pass, by Substitute HB 341 Do Pass, by Substitute
Respectfully submitted, /a/ Chambless of the 163rd
Chairman

Representative Smith of the 169th District, Chairman of the Committee on Legislative & Congressional Reapportionment, submitted the following report:

Mr. Speaker:
Your Committee on Legislative & Congressional Reapportionment has had under con sideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 440 Do Pass, as Amended
Respectfully submitted, /a/ Smith of the 169th
Chairman

618

JOURNAL OF THE HOUSE,

Representative Parham of the 122nd District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 254 Do Pass, by Substitute HB 255 Do Pass, by Substitute

HB 552 Do Pass HB 571 Do Pass

Respectfully submitted, /s/ Parham of the 122nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 598 Do Pass HB 619 Do Pass HB 624 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:

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

HB 50 Do Pass, by Substitute HB 252 Do Pass, by Substitute HB 398 Do Pass

HB 510 Do Pass HB 550 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HB 598. By Representatives Towery of the 30th, Barnes of the 33rd, Sauder of the 29th, Klein of the 39th, Wiles of the 34th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change certain provisions relating to the judge pro hac vice.

WEDNESDAY, FEBRUARY 8, 1995

619

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 619. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose terms of imprisonment and community service from 90 days to 12 months.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 624. By Representative Barnard of the 154th: A bill to recreate and reincorporate the City of Cobbtown.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following bills of the Senate and House:

SB 273. By Senators Starr of the 44th 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, as amended, so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $40,000.00; to provide for applicability; to provide for a referendum and automatic repeal.

HB 467. By Representative Stancil of the 91st:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oconee County.

HB 482. By Representatives Epps of the 131st, Smith of the 102nd and Brown of the 130th:
A bill to amend an Act providing a board of education of Troup County, so as to provide for legislative intent; to change the length of the terms of mem bers of the board of education.

620

JOURNAL OF THE HOUSE,

HB 497. By Representatives Smith of the 175th and Smith of the 169th:
A bill to amend an Act providing for the election of the members of the Board of Education of Charlton County, so as to provide that a person serving as a deputy sheriff of Charlton County shall not be disqualified from election to and service as a member of the Board of Education of Charlton County, if such person is otherwise qualified for election to such office.

HB 385. By Representative Greene of the 158th:
A bill to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, as amended, so as to provide for the election of members of the board of education; to provide for education districts.

HB 386. By Representative Greene of the 158th:
A bill to amend an Act which repealed the charter of the City of Omaha and abolished the city, so as to provide for the disposition of the assets and lia bilities, causes of action, accounts, and real and personal property of the City of Omaha.

SB 203. By Senator Johnson of the 1st:
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 for special and distinctive license plates for veterans who served in the Eighth Air Force during World War II; to provide for standards, design, fees, removals, tranfers, cancella tions, renewals, applications, and refunds relating to such license plates.

SB 208. By Senators Edge of the 28th, Ray of the 19th, Isakson of the 21st, Pollard of the 24th, Balfour of the 9th and others:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions regarding insurance, so as to provide for legislative findings; to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the appointment and composition of an advisory council to the fund and the responsibilities of the advisory council.

SB 222. By Senators Madden of the 47th, Middleton of the 50th, Langford of the 29th and Kemp of the 3rd:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to provide for the reimbursement by inmates of certain costs of incarceration; to provide for a short title; to provide for defi nitions; to provide for reimbursement forms and procedures; to provide for investigation of reports; to provide for actions seeking reimbursement; to pro vide for proceedings and judgment.

SB 228. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to autho rize the creation of a special school district for school age youth; to provide that the commissioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards.

WEDNESDAY, FEBRUARY 8, 1995

621

SB 232. By Senators Brown of the 26th and Ray of the 19th:
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 definitions; to change requirements relating to a written notice for entrants; to clarify exemptions; to change the bond amount; to provide for forfeiture of funds to the state.

SB 233. By Senators Walker of the 22nd, Ray of the 19th, McGuire of the 30th, Gochenour of the 27th and Johnson of the 2nd:
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.

SB 238. By Senators Crotts of the 17th, Guhl of the 45th, Ray of the 19th, Dean of the 31st and Starr of the 44th:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to requirements concerning issuance of motor vehicle insur ance policies, so as to provide that when a check or money order issued in payment of certain types of motor vehicle insurance policies is dishonored, the coverage may be cancelled without notice and voided ab initio; to provide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements.

SB 229. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile pro ceedings, so as to clarify the responsibility of the Department of Corrections with respect to certain juveniles sentenced to the custody of the department; to provide that the Department of Corrections shall have certain rights, pow ers, and responsibilities with respect to certain juveniles sentenced to the custody of such department.

HB 200. By Representative Carter of the 166th:
A bill to amend Code Section 12-3-10 of the Official Code of Georgia Anno tated, relating to the use of state parks and prohibited acts therein, so as to provide that it shall be unlawful to hunt, trap, or pursue wildlife in a state park unless the weaponry and methods used have been approved by the com missioner of natural resources.

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

SR 122. By Senators Broun of the 46th, Perdue of the 18th, Johnson of the 1st, Ray of the 19th, Tysinger of the 41st and others:
A resolution creating the Educators Technology Training Commission; pro viding for the commission to undertake a comprehensive study and develop a comprehensive plan with respect to the training of Georgia educators in the use of technology; providing for the membership, powers, duties, and opera tion of the commission.

622

JOURNAL OF THE HOUSE,

SR 90. By Senators Madden of the 47th, Day of the 48th, Kemp of the 3rd, Langford of the 29th, Hooks of the 14th and others:
A resolution urging the Department of Corrections and the Department of Transportation to cooperate in establishing a program utilizing state inmate labor for certain maintenance operations on the rights of way of roads in the state highway system.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

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

SB 203. By Senator Johnson of the 1st:
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 for special and distinctive license plates for veterans who served in the Eighth Air Force during World War II; to provide for standards, design, fees, removals, tranfers, cancella tions, renewals, applications, and refunds relating to such license plates.
Referred to the Committee on Motor Vehicles.

SB 208. By Senators Edge of the 28th, Ray of the 19th, Isakson of the 21st and oth ers:
A bill to amend Chapter 1 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions regarding insurance, so as to provide for legislative findings; to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the appointment and composition of an advisory council to the fund and the responsibilities of the advisory council.
Referred to the Committee on Insurance.

SB 222. By Senators Madden of the 47th, Middleton of the 50th, Langford of the 29th and others:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to provide for the reimbursement by inmates of certain costs of incarceration; to provide for a short title; to provide for defi nitions; to provide for reimbursement forms and procedures; to provide for investigation of reports; to provide for actions seeking reimbursement; to pro vide for proceedings and judgment.
Referred to the Committee on Appropriations.

WEDNESDAY, FEBRUARY 8, 1995

623

SB 228. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to autho rize the creation of a special school district for school age youth; to provide that the commissioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards.
Referred to the Committee on Education.

SB 229. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 1 of Chapter 11 of Title 15, relating to juvenile pro ceedings, so as to clarify the responsibility of the Department of Corrections with respect to certain juveniles sentenced to the custody of the department; to provide that the Department of Corrections shall have certain rights, pow ers, and responsibilities with respect to certain juveniles sentenced to the custody of such department.
Referred to the Committee on State Institutions & Property.

SB 232. By Senators Brown of the 26th and Ray of the 19th:
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 definitions; to change requirements relating to a written notice for entrants; to clarify exemptions; to change the bond amount; to provide for forfeiture of funds to the state.
Referred to the Committee on State Planning & Community Affairs.

SB 233. By Senators Walker of the 22nd, Ray of the 19th, McGuire of the 30th and others:
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 Insurance.

SB 238. By Senators Crotts of the 17th, Guhl of the 45th, Ray of the 19th and oth ers:
A bill to amend Code Section 33-34-3 of the Official Code of Georgia Anno tated, relating to requirements concerning issuance of motor vehicle insur ance policies, so as to provide that when a check or money order issued in payment of certain types of motor vehicle insurance policies is dishonored, the coverage may be cancelled without notice and voided ab initio; to provide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements.
Referred to the Committee on Insurance.

624

JOURNAL OF THE HOUSE,

SB 273. By Senators Starr of the 44th 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, as amended, so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $40,000.00; to provide for applicability; to provide for a referendum and automatic repeal.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 90. By Senators Madden of the 47th, Day of the 48th, Kemp of the 3rd and oth ers:
A resolution urging the Department of Corrections and the Department of Transportation to cooperate in establishing a program utilizing state inmate labor for certain maintenance operations on the rights of way of roads in the state highway system.
Referred to the Committee on State Institutions & Property.

SR 122. By Senators Broun of the 46th, Perdue of the 18th, Johnson of the 1st and others:
A resolution creating the Educators Technology Training Commission; pro viding for the commission to undertake a comprehensive study and develop a comprehensive plan with respect to the training of Georgia educators in the use of technology; providing for the membership, powers, duties, and opera tion of the commission.
Referred to the Committee on Education.

Representative Mann of the 5th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 269. By Representative Orrock of the 56th:
A bill to amend Code Section 8-2-107 of the Official Code of Georgia Anno tated, relating to penalties for the improper installation, alteration, mainte nance, or operation of elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to provide that the violation of certain laws shall consti tute a misdemeanor.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey
Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield N Birdsong
N Bordeaux N Bostick Y Breedlove Y Brooks, D
N Brooks, T
N Brown, G
Y Brown, J
Brush
N Buck

Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless E Channell
Childers Y Coker
Coleman, B E Coleman, T N Connell N Cox
N Crawt'ord
Y Crews
N Culbreth
N Cummings
Davis, G

Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix
Dixon. H Dixon, S Dobbs Y Ehrhart N Epps Y Evans
Y Falls Felton Floyd
N Godbee
N Golden
N Goodwill
N Greene
Y Grindley
Hanner

Y Harbin Harris Hart
N Heard N Heckstall N Hegstrom Y Hembree
Henson N Holland N Holmes
Howard
Hudson N Hugley Y Irvin N James
N Jamieson
N Jenkins
Y Johnson, G
Johnson, J
Y Johnston

Jones Joyce Y Kaye N Kinnamon Y Klein Y Ladd Y Lakly N Lane Lawrence N Lee Y Lewis
Y Lifsey N Lord
Lucas Y Maddox
Y Mann
Martin
N McBee
N McCall
McClinton

WEDNESDAY, FEBRUARY 8, 1995

625

McKinney Y Mills N Mobley, B Y Mobley, J N Mosley
Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter

N Poston N Powell N Purcell, A N Purcell, B E Randall N Randolph NRay
Reaves Y Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
N Shanahan

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

N Stallings N Stancil, F Y Stancil, S
Stanley, L Stanley, P N Stephenson N Streat E Taylor Teague N Teper
N Thomas N Tillman
Titus
Y Towery Y Trense
Turnquest

Twiggs N Walker, L Y Walker, R.L N Wall
N Watson N Watts
Y Westmorland Y Whitaker
White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 53, nays 79. The motion was lost.

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

HR 289. By Representatives Stancil of the 91st and McBee of the 88th:
A resolution recognizing Mary Sims Elliott and inviting her to appear before the House of Representatives.

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

HB 139. By Representatives Cummings of the 27th, McBee of the 88th and Shanahan of the 10th:
A bill to amend Code Section 47-2-123 of the Official Code of Georgia Anno tated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to pro vide that no evidence of a disability shall be considered by the medical board which is not submitted within 12 months after the employee terminates employment.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to provide that no evidence of a disability shall be considered by the medical board which is not submitted within 12 months after the employee terminates employment; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Any member in service who has at least 15 years of creditable service may be retired on a disability allowance by the board of trustees, upon written application to

626

JOURNAL OF THE HOUSE,

the board of trustees by the member or his employer and upon certification by the med ical board that he is medically or physically incapable of further performance of his duties in the position he held at the time his disability originated, that incapacity is likely to be permanent, and that he should be retired; provided, however, that the medi cal board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

A BILL
To amend Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, so as to provide that no evidence of a disability shall be considered by the medical board which is not submitted within a certain time; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 47-2-123 of the Official Code of Georgia Annotated, relating to allowances payable upon death, disability, or involuntary separation under the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
"(b) Any member in service who has at least 15 years of creditable service may be retired on a disability allowance by the board of trustees, upon written application to the board of trustees by the member or his employer and upon certification by the med ical board that he is medically or physically incapable of further performance of his duties in the position he held at the time his disability originated, that incapacity is likely to be permanent, and that he should be retired; provided, however, that the medi cal board shall not consider any evidence of such disability which is not submitted within 12 months after the date the member submits his or her first application for a disability retirement. The board of trustees may retire such member not less than 30 days nor more than 90 days after execution and filing of the written application."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 94, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 145. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
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 upon students who are still subject to such sanctions by another school system.

WEDNESDAY, FEBRUARY 8, 1995

627

The following amendment was read and adopted:

The Committee on Education moves to amend HB 145 by striking from line 25 on page 1 the words:
"in this state".

The following amendment was read:

Representative Canty of the 52nd moves to amend HB 145 as follows: Line 25, page 1 - after the word "is" change "authorized" to "may".

On the adoption of the amendment, the ayes were 40, nays 82. The amendment was lost.

The following amendment was read and adopted:

Representatives Buckner of the 95th, Benefieild of the 96th, Hart of the 116th and Sinkfield of the 57th move to amend HB 145 by adding before the period on line 29 of page 1 the following:
"if the offense which led to such suspension or expulsion in the other school was an offense for which suspension or expulsion could be imposed in the enrolling school".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 116, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Brooks of the 54th stated that he would like to be recorded as voting "nay" on HB 145.

HB 281. By Representatives Jamieson of the 22nd, Hudson of the 156th, Porter of the 143rd, Parrish of the 144th and Parham of the 122nd:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for the direct access of patients to dermatological services.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HR 79. By Representative Channell of the lllth: A resolution designating the Lake Oconee Parkway.

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

628

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 110, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 262. By Representatives Childers of the 13th, Sherrill of the 62nd and Orrock of the 56th:
A bill to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to enact the "Individual and Family Support Act of 1995".

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B E Coleman, T Y Connell
Cox Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davia, M NDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin
Greene Grindley Y Manner Y Harbin Y Harris Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Holland Y Holmes Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston Y Jones
Joyce YKaye Y Kinnamun Y Klein YLadd Y Lakly Y Lane
Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins
Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkiield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat E Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 3. The Bill, having received the requisite constitutional majority, was passed.

HB 314. By Representative Jenkins of the 110th:
A bill to amend Code Section 35-3-34 of the Official Code of Georgia Anno tated, relating to the dissemination of records of the Georgia Crime Informa tion Center, so as to allow public access to centralized conviction and other records maintained by the state and limit fees therefor.

The following Committee substitute was read:

WEDNESDAY, FEBRUARY 8, 1995

629

A BILL
To amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to the dissemination of records of the Georgia Crime Information Center, so as to allow public access to certain criminal history records maintained by the state and provide for fees therefor; to provide for conditions and procedures relating thereto; to provide for immu nity from liability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to the dissemina tion of records of the Georgia Crime Information Center, is amended by adding immedi ately following subsection (d) thereof new subsections to read as follows:
"(d.l) When identifying information provided is sufficient to identify persons whose records are requested, local criminal justice agencies may disseminate criminal history records of in-state felonies without:
(1) Fingerprint comparison; (2) Prior contact with the center; or (3) Consent of the person whose records are requested. Such information may be disseminated to private individuals and businesses under the conditions specified in subparagraph (B) of paragraph (1) of subsection (a) of this Code section upon payment of the fee for the request and when the request is made upon a form prescribed by the center. Such agencies may charge and retain fees as needed to reimburse such agencies for the direct and indirect costs of providing such information and shall have the same immunity therefor as provided in subsection (c) of this Code section. (d.2) No fee charged pursuant to this Code section may exceed $20.00 per person whose criminal history record is requested or be charged to any person or entity authorized prior to January 1, 1995, to obtain information pursuant to this Code section without payment of such fee."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Stephenson of the 25th and Jenkins of the 110th move to amend the Committee substitute to HB 314 by striking "felonies" and inserting "felony convictions, pleas, and sentences" on line 19 of page 1.

The Committee substitute, as amended, was adopted.

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

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

Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck
Y Buckner
Y Bunn

Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker
Y Coleman, B
E Coleman, T

Y Ccmnell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day
Y DeLoach, B
Y DeLoach, G

Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton
Y Floyd
Godbee

630

JOURNAL OF THE HOUSE,

Y Golden Y Goodwin
Y Greene Y Grindley
Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston

Y Jones Joyce
YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Mosley

Mueller Y O'Neal
Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal
Y Sanders Sauder

Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephensun Y Street

E Taylor Teague
Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Walker, L
Y Walker, R.L Y Wall
Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 108. By Representatives Ladd of the 59th, Polak of the 67th, Johnson of the 97th and Crews of the 78th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxes, so as to provide for the funding of homestead exemptions within certain special districts through the levy and collection of a local sales and use tax; to provide for the creation of special districts.

The following substitute, offered by Representative Ladd of the 59th and Royal of the 164th, was read and adopted:

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for procedures with respect to homestead exemptions within certain special districts; to provide for funding of services through the levy and col lection of a local sales and use tax; to provide for the creation of special districts; to pro vide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for a referendum and election procedures with respect to the imposition and discontinuation of such tax; to provide for powers, duties, and authority of county governing authorities with respect to such tax; to provide for powers, duties, and authority of the state revenue commissioner with respect to such tax; to provide for administration and collection of such tax; to provide for returns; to provide for distribution of proceeds; to provide for certain credits; to provide for the expenditure of certain excess proceeds; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new article immediately following Article 2, to be desig nated Article 2A, to read as follows:

WEDNESDAY, FEBRUARY 8, 1995

631

"ARTICLE 2A
48-8-100. This article shall be known and may be cited as the 'Homestead Option Sales Tax Act.'
48-8-101. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of the Constitution of this state, there are created within this state 159 special districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary of one of the 159 special districts. (b) When the imposition of a local sales and use tax is authorized according to the pro cedures provided in this article within a special district, the county whose geographical boundary is conterminous with that of the special district shall levy a local sales and use tax at the rate of 1 percent. Except as to rate, the local tax shall correspond to the tax imposed and administered by Article 1 of this chapter. No item or transaction which is not subject to taxation by Article 1 of this chapter shall be subject to the tax levied pursuant to this article, except that the local tax provided in this article shall be appli cable to sales of motor fuels as that term is defined by Code Section 48-9-2.
(c)(l) Except as otherwise provided in paragraph (2) of this subsection, the proceeds of the tax levied and collected under this article shall be used only for the purpose of funding services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-103 and, in the event excess funds remain following the expenditure for such purpose, such excess funds shall be used for millage rate adjustment as provided in subparagraph (c)(2)(E) of Code Section 48-8-103. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the tax under this article is imposed, such proceeds may be used for funding all or any portion of those services which are to be provided by the governing authority of the county whose geographic boundary is conterminous with that of the special district pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. (d) Such tax shall only be levied in a special district following the enactment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of tax collected under this article. Such exemption shall commence with taxable years beginning on or after January 1 of the year immediately following the first com plete calendar year in which the tax under this article is levied. Any such local Act shall define the term 'homestead' for purposes of that Act as such term is defined and quali fied in Code Section 48-5-40. Any such local Act shall be in addition to and not in lieu of any other homestead exemption applicable to county taxes for county purposes within the special district. Notwithstanding any provision of such local Act to the contrary, the referendum which shall otherwise be required to be conducted under such local Act shall only be conducted if the resolution required under subsection (a) of Code Section 48-8-102 is adopted prior to the issuance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be con ducted. (e) No such tax shall be levied in a special district under this article in which a tax is levied and collected under either Article 2 or Article 3 of this chapter.
48-8-102. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district wishes to submit to the electors of the spe cial district the question of whether the tax authorized by Code Section 48-8-101 shall be imposed, any such governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority call ing for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the special district for approval

632

JOURNAL OF THE HOUSE,

or rejection. The election superintendent shall issue the call and shall conduct the elec tion on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county and based on the amount of proceeds from the tax levied and collected pur suant to this article. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act:
'NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the home stead option sales tax are approved, then neither the exemption nor the tax shall become effective.' Such statement shall be followed by the following:

YES ( ) NO

Shall a retail sales and use tax of 1 percent be levied within the special district within __________________ County for the purpose of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes?'

(b) All persons desiring to vote in favor of levying the tax shall vote 'Yes,' and those persons opposed to levying the tax shall vote 'No.' If more than one-half of the votes cast are in favor of levying the tax and approving the local Act providing such home stead exemption, then the tax shall be levied in accordance with this article; otherwise, the tax may not be levied, and the question of the imposition of the tax may not again be submitted to the voters of the special district until after 24 months immediately fol lowing the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the tax provided in Code Section 48-8-101 is approved in a ref erendum election as provided by subsections (a) and (b) of this Code section, the gov erning authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the cer tification of the result of the election imposing the tax authorized by Code Section 48-8-101 on behalf of the county. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than five days after the adop tion of the resolution. A certified copy of the resolution shall be forwarded to the com missioner so that it will be received within five days after its adoption.

48-8-103. (a) The tax levied pursuant to this article shall be exclusively administered and col lected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administration and collec tion shall be accomplished in the same manner and subject to the same applicable provi sions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percent age of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50. (b) Each sales tax return remitting taxes collected under this article shall separately identify the location of each retail establishment at which any of the taxes remitted were

WEDNESDAY, FEBRUARY 8, 1995

633

collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determina tion by the commissioner that all taxes imposed by this article are collected and distrib uted according to situs of sale. (c) The proceeds of the tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the tax or to collect any proceeds from the tax authorized by this article for the year following the first complete calen dar year in which it is levied and for all subsequent years except the year following the year in which the tax is terminated under Code Section 48-8-105, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-101, expend such proceeds as follows:
(A) The advertised millage rate shall be calculated and shall equal the amount required to fund county operations and shall include all homestead exemptions from county taxes for county purposes in the special district except the homestead exemption authorized under this article; (B) The homestead percentage shall be expressed in a percentage amount and shall be calculated and shall equal 100 multiplied by the total net amount collected in the special district pursuant to this article for the previous year divided by the total current year revenue for all county purposes excluding taxes to retire bonded indebtedness that would be received from property eligible for the homestead exemption authorized under this article and currently receiving homestead exemp tions using the advertised millage rate and including all other homestead exemp tions in the special district; (C) If the homestead percentage is less than 100 percent, the effective millage rate shall equal the advertised millage rate and each eligible property under the required local Act shall receive an additional homestead exemption from county ad valorem taxes for all county purposes excluding taxes to retire bonded indebtedness in the amount of the assessed value of that property minus any other homestead exemp tions which amount shall then be multiplied by the homestead percentage. The amount of revenue for services lost to such exemption shall be funded by the pro ceeds collected under this article; (D) If the homestead percentage is equal to or greater than 100 percent, all quali fied homestead property shall be exempted from all county ad valorem taxes for all county purposes excluding taxes to retire bonded indebtedness. The amount of reve nue for services lost to such exemption shall be funded by the proceeds collected under this article; and (E) In the event there are excess proceeds remaining following the expenditure of such proceeds under subparagraph (D) of this paragraph, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adjust for such taxable year the millage rate for ad valorem taxation of tangible property within such county other than homestead property by reducing the advertised millage rate by an amount so as to create an effective millage rate which, if levied against such property, would produce an amount equal to the excess proceeds remaining following the expenditure under subparagraph (D) of this para graph.
48-8-104. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside the state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so

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JOURNAL OF THE HOUSE,

paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax juris diction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is coterminous with the special district; and taxes so paid in another jurisdiction shall be credited first against the tax levied under this article and then against the tax levied under Article 3 of this chapter, if applicable.

48-8-105. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the tax authorized by Code Section 48-8-101 shall be discontinued, the govern ing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superin tendent a copy of a resolution of the governing authority calling for the referendum elec tion. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting the question of discontinu ing the levy of the tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be con ducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the tax levied and collected pursuant to this article. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date of the election in the official organ of such county. The ballot shall have written or printed thereon the following:

'( ) YES ( ) NO

Shall the 1 percent retail sales and use tax being levied within the special district within _________________ County for the purpose of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?'

(b) All persons desiring to vote in favor of discontinuing the tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the tax and repealing the local Act providing for such homestead exemption, then the tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certi fication of the result of the election; otherwise, the tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the com missioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.

48-8-106. No tax provided for in Code Section 48-8-101 shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the special district in which the local tax is imposed under this article regardless of the point at which title passes, if the delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.

WEDNESDAY, FEBRUARY 8, 1995

635

48-8-107. (a) As used in this Code section, the term 'building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combina tion of such items, and any other leased or purchased articles when the materials, sup plies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written con struction contract. (b) No tax provided for in Code Section 48-8-101 shall be imposed in such special dis trict upon the sale or use of building and construction materials when the contract pur suant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the tax by the county whose geographical boundary is conterminous with that of the special district and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy of the tax.
48-8-108. The commissioner shall have the power and authority to promulgate such rules and reg ulations as shall be necessary for the effective and efficient administration and enforce ment of the collection of the tax authorized to be imposed by this article."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The 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 Bailey
Y Baker Y Bannister Y Barfoot Y Bargerun
Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Brown, J Y Brush YBuck
Y Buckner Y Bunn
Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B E Coleman, T

Y Connell
YCox Crawford
Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall
Hegstrom

Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin
Y McBee Y McCall

McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Pelote Y Perry Y Pinholster Y Polak Porter Y Poston Y Powell Y Purcell, A Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Sauder
Y Scoggins Y Shanahan

YShaw Y Sherrill Y Shipp
Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs

636

JOURNAL OF THE HOUSE,

Y Walker, L Y Walker, R.L
Y Wall

Y Watson Y Watts
Y Westmoreland

Y Whitaker Y White
Y Wiles

Y Williams, B Y Williams, J
Y Williams, R

Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 152, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 161. By Representatives McBee of the 88th, Scoggins of the 24th and Heard of the 89th:
A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to provide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to provide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths; to make provisions for the applicability of certain provisions regarding the contents of required ballot questions relat ing to the tax; to provide that a consolidated government shall be authorized to levy a spe cial county 1 percent sales and use tax for certain capital outlay projects without the requirement that such consolidated government own or operate such projects with one or more municipalities or contract with one or more municipalities with respect to such projects; to change the proceedings for the reimposition of the tax during the time such tax is in effect; to clarify proceedings for the reimposition of the tax following the expira tion of such tax; 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 special county 1 percent sales and use tax, is amended by striking subparagraph (a)(l)(A) of Code Section 48-8-111, relating to the procedure for imposition of the tax, and inserting in its place a new subparagraph (a)(l)(A) to read as follows:
"(A) Road, street, and bridge purposes^ which purposes may include sidewalks and bicycle paths;".
SECTION 2. Said article is further amended by adding a new subsection immediately following subsec tion (c) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, to be designated subsection (c.l), to read as follows:
"(c.l) Notwithstanding any provision of this article to the contrary, if a county govern ing authority has on or after February 1, 1994, and prior to March 31, 1994, adopted an ordinance or resolution with respect to taxes imposed or to be imposed under this article and if such tax is imposed or is to be imposed solely for road, street, and bridge purposes, the election conducted pursuant to such ordinance or resolution shall be valid if the ballot conforms either to the requirements of subsection (c) of this Code section as it existed prior to January 1, 1993, or the requirements of subsection (c) of this Code section on or after January 1, 1993. This subsection shall stand repealed in its entirety on December 31, 1999."

WEDNESDAY, FEBRUARY 8, 1995

637

SECTION 3. Said article is further amended by striking Code Section 48-8-111.1, relating to the appli cation of such article to consolidated governments, and inserting in its place a new Code Section 48-8-111.1 to read as follows:
"48-8-111.1.
(a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provisions of this Code section shall control over any conflicting provisions of this article. (b) The tax authorized by this article, if imposed by a consolidated government, shall not be subject to any maximum period of time for which the tax may be levied if gen eral obligation debt is to be issued in conjunction with the imposition of the tax. In such case the resolution or ordinance calling for the imposition of the tax shall not be required to state a maximum period of time for which the tax is to be levied; and the language relating to the maximum period of time for which the tax is to be levied shall be omitted from the ballot. The resolution or ordinance calling for the imposition of the tax shall state the maximum amount of revenue to be raised by the tax, and the tax shall terminate as provided in paragraph (1) or (3) of subsection (b) of Code Section 48-8-112. (c) A consolidated government shall be authorized to levy a tax for any capital outlay project provided for in subparagraphs (a)(l)(C), (a)(l)(D), and (a)(l)(F) of Code Section 48-8-111, or any combination thereof, without the necessity of operating such project jointly with a municipal authority, owning or operating such projects with one or more municipalities, or entering into a contract with one or more municipalities with respect to such project. (d) In all ethei respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county."
SECTION 4. Said article is further amended by striking subsection (c) of Code Section 48-8-112, relat ing to the dates of imposition and termination of a special county 1 percent sales and use tax, and inserting in its place a new subsection (c) to read as follows:
"(c){l) No county shall impose at any time more than a single 1 percent tax under this article. (2) A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial impo sition of the tax, but the newly authorized tax shall not be imposed until the expira tion of the tax then in effect?; provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the Commissioner may, if feasible adminis tratively, waive the limitations of subsection (a) to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a county may likewise initiate proceedings for the reimposition of a tax under this article in the same manner as pro vided in this article for initial imposition of such tax."
SECTION 5. Said article is further amended by striking subsection (b) of Code Section 48-8-121, relat ing to the use of the proceeds of the special county 1 percent sales and use tax, and insert ing in its place a new subsection (b) to read as follows:
"(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of

638

JOURNAL OF THE HOUSE,

way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, and bridges2 sidewalks, and bicycle paths both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt with respect to such road, street, and bridge purposes."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives McBee of the 88th and Royal of the 164th, was read and adopted:

A BILL
To amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, so as to provide that the proceeds of such tax may be used for acquisition of rights of way for, construction of, and renovation and improvement of sidewalks and bicycle paths; to make provisions for the applicability of certain provisions regarding the contents of required ballot questions relat ing to the tax; to provide that a consolidated government shall be authorized to levy a spe cial county 1 percent sales and use tax for certain capital outlay projects without the requirement that such consolidated government own or operate such projects with one or more municipalities or contract with one or more municipalities with respect to such projects; to change the proceedings for the reimposition of the tax during the time such tax is in effect; to clarify proceedings for the reimposition of the tax following the expira tion of such tax; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special county 1 percent sales and use tax, is amended by striking subparagraph (a)(l)(A) of Code Section 48-8-111, relating to the procedure for imposition of the tax, and inserting in its place a new subparagraph (a)(l)(A) to read as follows:
"(A) Road, street, and bridge purposes2 which purposes may include sidewalks and bicycle paths;".
SECTION 2. Said article is further amended by adding a new subsection immediately following subsec tion (c) of Code Section 48-8-111, relating to imposition procedures for the special county 1 percent sales and use tax, to be designated subsection (c.l), to read as follows:
"(c.l) Notwithstanding any provision of this article to the contrary, if a county govern ing authority has on or after February 1, 1994, and prior to March 31, 1994, adopted an ordinance or resolution with respect to taxes imposed or to be imposed under this article and if such tax is imposed or is to be imposed solely for road, street, and bridge purposes, the election conducted pursuant to such ordinance or resolution shall be valid if the ballot conforms either to the requirements of subsection (c) of this Code section as it existed prior to January 1, 1993, or the requirements of subsection (c) of this Code section on or after January 1, 1993. This subsection shall stand repealed in its entirety on December 31, 1999."
SECTION 3. Said article is further amended by striking Code Section 48-8-111.1, relating to the appli cation of such article to consolidated governments, and inserting in its place a new Code Section 48-8-111.1 to read as follows:

WEDNESDAY, FEBRUARY 8, 1995

639

"48-8-111.1.
(a) With respect to any consolidated government created by the consolidation of a county and one or more municipalities, the provisions of this Code section shall control over any conflicting provisions of this article. (b) The tax authorized by this article, if imposed by a consolidated government, shall not be subject to any maximum period of time for which the tax may be levied if gen eral obligation debt is to be issued in conjunction with the imposition of the tax. In such case the resolution or ordinance calling for the imposition of the tax shall not be required to state a maximum period of time for which the tax is to be levied; and the language relating to the maximum period of time for which the tax is to be levied shall be omitted from the ballot. The resolution or ordinance calling for the imposition of the tax shall state the maximum amount of revenue to be raised by the tax, and the tax shall terminate as provided in paragraph (1) or (3) of subsection (b) of Code Section 48-8-112. (c) A consolidated government shall be authorized to levy a tax for any capital outlay project provided for in subparagraphs (a)(l)(C), (a)(l)(D), and (a)(l)(F) of Code Section 48-8-111, or any combination thereof, without the necessity of operating such project jointly with a municipal authority, owning or operating such projects with one or more municipalities, or entering into a contract with one or more municipalities with respect to such project. (d) In all other respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government shall be in the same manner as the levy of the tax by any other county."
SECTION 4. Said article is further amended by striking subsection (c) of Code Section 48-8-112, relat ing to the dates of imposition and termination of a special county 1 percent sales and use tax, and inserting in its place a new subsection (c) to read as follows:
"(c)l) No county shall impose at any time more than a single 1 percent tax under this article. (2) A county in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the veimposition of a tax shall be in the same manner as proceedings for the initial impo sition of the tax, but the newly authorized tax shall not be imposed until the expira tion of the tax then in effect^ provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the Commissioner may, if feasible adminis tratively, waive the limitations of subsection (a) to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article, a county may likewise initiate proceedings for the reimposition of a tax under this article in the same manner as pro vided in this article for initial imposition of such tax."
SECTION 5. Said article is further amended by striking subsection (b) of Code Section 48-8-121, relat ing to the use of the proceeds of the special county 1 percent sales and use tax, and insert ing in its place a new subsection (b) to read as follows:
"(b) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for road, street, and bridge purposes, then authorized uses of the tax proceeds shall include acquisition of right of way for, construction of, and renovation and improvement of, including relocation of utilities for and improvement of surface water drainage from, roads, streets, osd bridgeSj sidewalks, and bicycle paths both within the unincorporated area of the county and within the incorporated areas of municipalities within the county. If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are

640

JOURNAL OF THE HOUSE,

to be used in whole or in part for road, street, and bridge purposes, then no part of the proceeds of the tax shall be used to retire general obligation debt with respect to such road, street, and bridge purposes."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Bailey
Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard
Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B E Coleman, T Y Connell Y Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Y Felton Y Floyd Y Godbee
Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W
Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L
Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yatts
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 441. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-380 of the Official Code of Georgia Anno tated, relating to refunds of taxes and license fees by counties and municipal ities, so as to prohibit refund claims based upon certain grounds; to provide that such claims shall be governed by other general laws.

The following Committee substitute was read and adopted:

WEDNESDAY, FEBRUARY 8, 1995

641

A BILL
To amend Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, so as to prohibit refund claims based upon certain grounds; to provide that such claims shall be governed by other general laws; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-380 of the Official Code of Georgia Annotated, relating to refunds of taxes and license fees by counties and municipalities, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a) Except as otherwise provided in subsection (f) of this Code section, each Each county and municipality may refund to taxpayers any and all taxes and license fees which are determined to have been erroneously or illegally assessed and collected from the taxpayers under the laws of this state or under the resolutions or ordinances of any county or municipality or which are determined to have been voluntarily or involuntarily overpaid by the taxpayers."
SECTION 2. Said Code section is further amended by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:
"(f) No request for a refund of ad valorem property taxes shall be permitted or autho rized under this Code section with respect to any matter that is appealable under Code Section 48-5-311."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Bartbot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell

Y Canty
Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B E Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart YEpps

Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin Y James

Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall
McClinton

Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert

642

JOURNAL OF THE HOUSE,

Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins
Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson

Y Sinkiield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling

Y Snow Y Stallings Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor
Teague Y Teper

Y Thomas Y Tillman Y Titus
Y Towery Y Trense
Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson

Y Watts Y Westmorland Y Whitaker
Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spk.'

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 194. By Representative Barnes of the 33rd:
A bill to amend Code Section 44-14-80 of the Official Code of Georgia Anno tated, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, so as to provide for the reversion of title to real property conveyed to secure a debt or debts when the record of conveyance or the conveyance states or fixes the maturity date of the debt but such instrument contains an affirmative statement of intent.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 44-14-80 of the Official Code of Georgia Annotated, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, so as to provide for the reversion of title to real property conveyed to secure a debt or debts when the record of conveyance or the conveyance states or fixes the maturity date of the debt but such instrument contains an affirmative statement of intent to establish a perpetual or indefinite security interest; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 44-14-80 of the Official Code of Georgia Annotated, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, is amended by striking subsec tion (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Title to real property conveyed to secure a debt or debts shall revert to the grantor or the grantor's heirs, personal representatives, successors, and assigns as follows:
(1) 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; provided, however; that where the parties by affirma tive 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 the later of (A) 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 conveyance or, if not recorded, in the conveyance; or (B) 20 years from the date of the conveyance as stated in the record or, if not recorded, in the con veyance; (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

WEDNESDAY, FEBRUARY 8, 1995

643

revert at the expiration of 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 seven years from the date the conveyance is recorded or, if not recorded, is delivered; 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 com pleted without delay chargeable to the grantee or the grantee's heirs, personal represen tatives, successors, or assigns."
SECTION 2. The effective date of this Act shall be July 1, 1995; provided, however, that where the record of conveyance states or fixes the maturity of the debt or debts or the maturity of the last installment thereof and the parties by affirmative statement contained in the record of conveyance evidence their intention to establish a perpetual or indefinite security interest, Section 1 of this Act shall be applicable and effective with respect to all such con veyances even though they may be dated prior to July 1, 1995.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Beneiield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker
Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston
Jones
Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall
McClintun McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y Sherriil Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat E Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

644

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Resolutions of the House were read and adopted:

HR 287. By Representative Yates of the 106th: A resolution commending the Reverend Eugene Walton.

HR 288. By Representative Walker of the 87th: A resolution honoring the Reverend Clarence Grier, Jr.

HR 294. By Representative Tillman of the 173rd: A resolution commending Honorable Larry Walker.

HR 295. By Representative Tillman of the 173rd: A resolution commending Mitchell J. Life.

HR 296. By Representative Tillman of the 173rd: A resolution commending George and Sheryl Skarpalezos.

HR 297. By Representative Twiggs of the 8th:
A resolution commending the firefighters of Georgia and observing the 23rd annual Firefighters' Recognition Day.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

Representative Walker of the 141st moved that further consideration of HB 201 be postponed until tomorrow.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey N Baker Y Bannister
Barfoot
N Bargeron
N Barnard N Barnes N Bates Y Benelield N Birdsong Y Bordeaux N Bostick

Y Breedlove Y Brooks. D Y Brooks, T Y Brown, G Y Brown, J
Y Brush
N Buck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty

N Carter N Chambless E Channel! N Childers Y Coker
Y Coleman, B
N Coleman, T N Connell N Cox Y Crawlbrd
Crews N Culbreth Y Cummings

Davis, G Y Davis, M Y Day N DeLoach, B Y DeLoach, G
Y Dix
N Dixon, H Dixon, S
Y Dobbs Y Ehrhart N Epps Y Evans Y Falls

Felton N Floyd
Godbee N Golden Y Goodwin
N Greene
Y Grindley N Manner Y Harbin Y Harris
Hart N Heard N Heckstall

WEDNESDAY, FEBRUARY 8, 1995

645

N Hegstrom
Y Hembree N Henson N Holland N Holmes
Howard N Hudson
N Hugley Y Irvin
N James N Jamieson N Jenkins
Johnson, G Y Johnson, J Y Johnston N Jones
Joyce YKaye N Kinnamun Y Klein NLadd Y Lakly N Lane

Y Lawrence
YLee Y Lewis
Y Lifsey NLord N Lucas Y Maddox Y Mann N Martin N McBee N McCall
McCHnton N McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons

N Pelote N Perry Y Pinholster Y Polak
Y Porter Y Poston N Powell Y Purcell, A Y Purcell, B E Randall N Randolph
YRay Y Reaves Y Reichert N Roberts N Rogers Y Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw Y Sherrill

Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L
N Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling Y Snow N Stallings N Stancil, F
Y Stancil, S N Stanley, L N Stanley, P Y Stephensun N Streat E Taylor
Teague

N Teper N Thomas N Tillman Y Titus Y Towery Y Trense
Turnquest N Twiggs Y Walker, L Y Walker, R.L N Wall N Watson Y Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 81, nays 82.
Notwithstanding the preceding vote, the House agreed without objection to postpone further action on HB 201 to the next legislative day.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 273 Do Pass HB 280 Do Pass HB 454 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

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

Mr. Speaker:

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

HB 53 Do Pass, by Substitute HB 344 Do Pass, by Substitute

HB 471 Do Pass, by Substitute HB 477 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

646

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 508 Do Pass SB 24 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:

Your Committee on Public Safety has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 409 Do Pass HB 455 Do Pass HB 480 Do Pass

HB 513 Do Pass SB 206 Do Pass

Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:

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

HR 265 Do Pass HR 266 Do Pass HR 267 Do Pass

HR 268 Do Pass HR 278 Do Pass

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

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 120 Do Pass, by Substitute HB 288 Do Pass, by Substitute HB 349 Do Pass

HB 435 Do Pass, by Substitute HB 436 Do Pass, as Amended HB 475 Do Pass, by Substitute

WEDNESDAY, FEBRUARY 8, 1995

647

HB 576 Do Pass HR 231 Do Pass HR 232 Do Pass

HR 234 Do Pass SB 170 Do Pass
Respectfully submitted, /s/ Dobbs of the 92nd
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.

648

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, February 9, 1995

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:

Baker
Bargeron Barnard Barnes Benefield Birdsong Bostick
Brooks, D
Brooks, T
Brown, G
Brown, J Brush Buck
Buckner Bunn
Burkhalter Byrd Campbell Canty Carter Chambless Childers Coker Coleman, B Connell Cox

Crawford Culbreth
Cummings
Day DeLoach, B
DeLoach, G Dix
Dixon, H
Ehrhart
Epps Falls Felton Godbee Goodwin Greene
Grindley Harbin Harris Hart Heard Hegstrom Hembree Holland
Hudson Hugley
James

Johnson, J
Johnston
Jones
Joyce
Kaye
Kinnamon
Klein Ladd Lakly Lane
Lawrence
Lee Lewis Lord Maddox Mann Martin McBee McCall Mills Mobley, B Mobley, J Mosley Mueller O'Neal Orrock

Parham Parrish Pelote Perry
Pinholster Powell Purcell, A
Purcell, B
Randolph
Reaves
Reichert
Roberts
Rogers
Royal Sanders Scoggins Shaw Sherrill
Simpson Skipper Smith, C Smith, C.W Smith, L Smith, T Smith, V Smith, W

Snelling Snow Stallings Stancil, F Stancil, S Stanley, L Stephenson Streat Thomas Tillman Titus
Trense Walker, L
Walker, R.L Wall
Watson
Watts Whitaker White Wiles Williams, B Williams, J Williams, R Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lucas of the 124th, Ray of the 128th, Davis of the 60th, Heckstall of the 55th, Coleman of the 142nd, Bannister of the 77th, Teper of the 61st, Davis of the 48th, Shipp of the 38th, Bordeaux of the 151st, Turnquest of the 73rd, Westmoreland of the 104th, Lifsey of the 6th, Jenkins of the 110th, Johnson of the 97th, Evans of the 28th, Sinkfield of the 57th, Dixon of the 150th, Towery of the 30th, Crews of the 78th, Parsons of the 40th, Yates of the 106th, McKinney of the 51st, Sauder of the 29th, Golden of the 177th, Smyre of the 136th, Teague of the 58th, Howard of the 118th, Stanley of the 49th, Bates of the 179th, Hanner of the 159th, Bailey of the 93rd, Ashe of the 46th, Barfoot of the 155th, Breedlove of the 85th, Dobbs of the 92nd, Floyd of the 138th, Jamieson of the 22nd, Polak of the 67th, Porter of the 143rd, Shanahan of the 10th and Smith of the 12th.
They wish to be recorded as present.

Prayer was offered by Dr. George W. Thomas, Pastor, Hawthorne Baptist Church, Lilburn, 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.

THURSDAY, FEBRUARY 9, 1995

649

The Journal was confirmed.

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

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

HB 649. By Representatives Kinnamon of the 4th and Williams of the 114th:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds, so as to provide for definitions; to authorize a group or groups of employers engaged in simi lar business activities to form a fund.
Referred to the Committee on Industrial Relations.

HB 650. By Representatives Powell of the 23rd, Greene of the 158th, Jamieson of the 22nd and Stancil of the 16th:
A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Anno tated, relating to jails, so as to provide for the reimbursement by inmates of certain costs of incarceration.
Referred to the Committee on State Institutions & Property.

HB 651. By Representatives Scoggins of the 24th, Smith of the 175th and Shanahan of the 10th:
A bill to amend Code Section 48-5-264 of the Official Code of Georgia Anno tated, relating to designation and duties of the chief appraiser of the county board of tax assessors, so as to specify that such officer shall only be subject to appointment and removal by such board of assessors.
Referred to the Committee on Ways & Means.

HB 652. By Representatives Scoggins of the 24th, Smith of the 175th and Shanahan of the 10th:
A bill to amend Code Section 48-5-48.1 of the Official Code of Georgia Anno tated, relating to applications for the tangible personal property inventory exemption, so as to provide for additional conditions under which such exemption shall be wholly or partially waived for a taxable year.
Referred to the Committee on Ways & Means.

650

JOURNAL OF THE HOUSE,

HB 653. By Representative Watson of the 139th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by handicapped per sons, so as to provide for access and use of such facilities by persons with disabilities.
Referred to the Committee on Industry.

HB 654. By Representative Byrd of the 170th:
A bill to amend Article 2 of Chapter 5 of Title 36 of the Official Code of Georgia Annotated, relating to county governing authorities, so as to provide a procedure for establishing compensation for members of county governing authorities, elected chief executive officers, and other county officers.
Referred to the Committee on State Planning & Community Affairs.

HB 655. By Representative Watson of the 139th:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning offenses involving dangerous instrumentalities and practices, so as to change the defi nition of the offense of destroying or injuring a police dog; to make it unlaw ful to knowingly and intentionally destroy or cause serious or debilitating physical injury to an accelerant detection dog.
Referred to the Committee on Special Judiciary.

HB 656. By Representatives Coker of the 31st and Towery of the 30th:
A bill to amend Code Section 16-9-30 of the Official Code of Georgia Anno tated, relating to definitions of certain terms concerning illegal use of finan cial transaction cards, so as to define the term "financial transaction card account number"; to amend Code Section 16-9-33, relating to financial trans action card fraud, so as to prohibit fraudulent use of financial transaction card account numbers; to provide for venue for prosecution of financial transaction card fraud.
Referred to the Committee on Banks & Banking.

HB 657. By Representatives Floyd of the 138th, Cummings of the 27th, Shanahan of the 10th, Pelote of the 149th, James of the 140th and others:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credit in the Employees' Retirement System of Georgia, so as to provide creditable service for certain members of such retirement system for certain service as military reservists.
Referred to the Committee on Retirement.

HB 658. By Representatives Porter of the 143rd, Campbell of the 42nd and Jamieson of the 22nd:
A bill to amend Code Section 36-32-10.1 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts in counties without state court to try violations of Code Section 16-7-21, relating to criminal tres pass, retention of fines and forfeitures, transfer of cases, and penalties, so as to provide for jurisdiction of all municipal courts to try such cases.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 9, 1995

651

HB 659. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to pro vide authorization with certain conditions for certain counties and municipal ities to levy such tax.
Referred to the Committee on Ways & Means.

HB 660. By Representatives Greene of the 158th, Barnard of the 154th and Byrd of the 170th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to provide for rules requiring transfer to maximum security of each inmate who com mits battery or aggravated assault while in custody.
Referred to the Committee on State Institutions & Property.

HB 661. By Representatives Klein of the 39th and Grindley of the 35th:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide for the imposition of a sentence of life imprisonment or death by the trial judge when the sentencing jury has found the existence of at least one statu tory aggravating circumstance but is unable to render a sentencing verdict.
Referred to the Committee on Special Judiciary.

HB 662. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain public retirement systems may, in addition to their investment authority, invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any for eign country, but only if the corporation has a market capitalization equiva lent to $100 million.
Referred to the Committee on Retirement.

HB 663. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the creation of the Employees' Retirement System of Georgia and related matters, so as to change certain language relating to the creation of such retirement system.
Referred to the Committee on Retirement.

HB 664. By Representative Cummings of the 27th:
A bill to amend Article 2 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the creation of the Teachers Retirement Sys tem of Georgia and related matters, so as to change certain language relating to the creation of such retirement system.
Referred to the Committee on Retirement.

652

JOURNAL OF THE HOUSE,

HB 665. By Representatives Turnquest of the 73rd and Mobley of the 69th:
A bill to amend Chapter 9 of Title 46 of the Official Code of Georgia Anno tated, relating to transportation of freight and passengers, so as to provide for the regulation by the Public Service Commission of nonemergency trans portation carriers and vehicles.
Referred to the Committee on Industry.
HB 666. By Representatives Barnes of the 33rd, Cox of the 160th, Wiles of the 34th, Sauder of the 29th, Ehrhart of the 36th and others:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to provide a procedure by which a sentence of life imprisonment or death may be imposed by the trial judge when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict.
Referred to the Committee on Judiciary.
HB 667. By Representatives Buck of the 135th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-48 of the Official Code of Georgia Anno tated, relating to homestead exemptions for qualified disabled veterans, so as to authorize the unremarried surviving spouse or minor children of a quali fied veteran who was killed in any war or armed conflict to receive such exemption.
Referred to the Committee on Ways & Means.
HB 668. By Representatives Teague of the 58th, White of the 161st, Wall of the 82nd, Davis of the 48th, Brown of the 117th and others:
A bill to amend Chapter 6 of Title 34 of the Official Code of Georgia Anno tated, relating to labor organizations and labor relations, so as to provide that an employer and a labor organization may enter into agreements autho rizing the establishment and collection of service and representation charges from employees who are represented by a labor organization.
Referred to the Committee on Industry.
HB 669. By Representatives Chambless of the 163rd, Culbreth of the 132nd, Williams of the 114th and Bostick of the 165th:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Anno tated, relating to health care plans, so as to permit health care plans to be operated by corporations organized under Chapter 2 of Title 14, the "Georgia Business Corporation Code".
Referred to the Committee on Judiciary.
HB 670. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the definition of the term "entity" as used in Chapter 2 of said title; to change the provi sions relating to articles of incorporation and the contents thereof; to provide for indemnification of directors; to change the provisions relating to corpo rate names.
Referred to the Committee on Judiciary.

THURSDAY, FEBRUARY 9, 1995

653

HB 671. By Representatives McBee of the 88th, Cummings of the 27th, Smith of the 169th, Smith of the 102nd, Coleman of the 80th and others:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to change the minimum age of retirement under such system; to remove a cer tain penalty for retirement under the age of 60 years.
Referred to the Committee on Retirement.

HR 290. By Representatives Lewis of the 14th and Culbreth of the 132nd:
A resolution urging the Congress of the United States to increase the amount of the gross estate exemption from federal estate taxes.
Referred to the Committee on Ways & Means.

HR 291. By Representative Cox of the 160th: A resolution naming the Bartow Gibson Highway.
Referred to the Committee on Transportation.

HR 292. By Representative Mobley of the 69th:
A resolution proposing an amendment to the Constitution so as to provide that the Governor shall fill by appointment certain vacancies occurring in the General Assembly.
Referred to the Committee on Rules.

HR 293. By Representatives Streat of the 167th, Jenkins of the 110th, Day of the 153rd, Mobley of the 86th, Coker of the 31st and others:
A resolution encouraging school systems in Georgia to adopt the Eddie Eagle Gun Safety Program of the National Rifle Association and commending the National Rifle Association for its development of this program.
Referred to the Committee on Public Safety.

HR 298. By Representatives Williams of the 114th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.
Referred to the Committee on State Institutions & Property.

HR 299. By Representatives Buck of the 135th, Royal of the 164th and Culbreth of the 132nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by general law to establish the amount of and qualifi cations for the disabled or deceased veterans homestead exemption and to extend such exemption to include certain unremarried surviving spouses and minor children.
Referred to the Committee on Ways & Means.

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

654

JOURNAL OF THE HOUSE,

HB 636 HB 637 HB 638 HB 639 HB 640
HrHlDRB fo6i44*39z HB 644 HB 645 HB 646 HB 647 HB 648

HR 280 SB 203 SB 208 SB 222 SB 228
SSQBBn 2,,2,,23,,92 bB 2dtj SB 238 SB 273 SR 90 SR 122

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

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 283 Do Pass, by Substitute HB 489 Do Pass, by Substitute HB 516 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Hanner of the 159th 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 239 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Royal of the 164th 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 629 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

THURSDAY, FEBRUARY 9, 1995

655

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

HB 629. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act entitled "An Act to create the Walton County Com mission of Children and Youth," so as to clarify the nature of the commis sion.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 91, nays 7.
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 11. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessments of educational programs, so as to provide for the availability of curriculum-based assessment results to students and their parents.

SB 123. 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 commissioner; to provide for activation of such housing authorities; to pro vide for an appointing authority and proposed area of operation.

SB 125. By Senator Edge of the 28th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to the control and management of hazardous conditions, pre ventable diseases, and metabolic disorders, so as to provide stricter guidelines governing the sale of contact lenses.

SB 126. By Senators Hill of the 4th, Bowen of the 13th, Perdue of the 18th and Taylor of the 12th:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to impose certain conditions, limitations, and restrictions upon the exercise of the constitutional powers granted to counties and municipalities to enter into contracts for regional facilities; to require approval of such contracts by the boards of regional development centers; to require public hearings and public notices prior to the adoption of such con tracts.

656

JOURNAL OF THE HOUSE,

SB 134. By Senator Dean of the 31st:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to powers of municipal corporations, so as to provide for ser vice and enforcement of any process, summons, notice, or order of a municipal corporation on all persons residing within and without the corpo rate limits of the issuing municipal corporation.

SB 153. By Senators Clay of the 37th and Burton of the 5th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Car Dealers' Registration Act," so as to require certain disclosures of information to any person or entity purchasing or leas ing a motor vehicle from a used motor vehicle dealer; to require the mainte nance of certain records and provide for the inspection thereof.

HB 125. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Article 3of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Cooperative Marketing Act," so as to pro vide for clarification of the rights and powers of cooperative market associa tions and their boards of directors.

HB 274. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Code Section 27-3-4 of the Official Code of Georgia Anno tated, relating to legal weapons for hunting wildlife generally, so as to pro vide for the use of federally approved, nontoxic shot.

HB 277. By Representatives Carter of the 166th, Shaw of the 176th, Buckner of the 95th and Cox of the 160th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide for the sales of certain licenses by telephone; to provide for a fee for such service; to provide for an archery and firearms combination hunting license; to provide for a sportsman's license.

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

HR 49. By Representatives Murphy of the 18th and McKinney of the 51st:
A resolution authorizing the granting of certain easements and conveyance of certain state owned real property located in Fulton County, Georgia, to Met ropolitan Atlanta Rapid Transit Authority (MARTA) and the acceptance of certain real property owned by MARTA located in Fulton County, Georgia, in consideration therefor.

HR 55. By Representatives Birdsong of the 123rd, Smith of the 175th, Roberts of the 162nd and others:
A resolution recognizing and commending Georgia's World War II veterans; providing for the permanent display at the James H. "Sloppy" Floyd Veter ans Memorial Building of a plaque, flag, and 50 posters depicting important events that took place during World War II.

THURSDAY, FEBRUARY 9, 1995

657

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

SB 49. By Senators Crotts of the 17th, Langford of the 29th, Gochenour of the 27th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia; to provide for use of the official language; to provide for construction; to prohibit discrimina tion; to provide for remedies; to provide for exceptions; to authorize use and printing of official documents in other languages.

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

SB 11. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and others:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessments of educational programs, so as to provide for the availability of curriculum-based assessment results to students and their parents.
Referred to the Committee on Education.

SB 49. By Senators Crotts of the 17th, Langford of the 29th, Gochenour of the 27th and others:
A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Anno tated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia; to provide for use of the official language; to provide for construction; to prohibit discrimina tion; to provide for remedies; to provide for exceptions; to authorize use and printing of official documents in other languages.
Referred to the Committee on State Planning & Community Affairs.

SB 123. 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 commissioner; to provide for activation of such housing authorities; to pro vide for an appointing authority and proposed area of operation.
Referred to the Committee on State Planning & Community Affairs.

SB 125. By Senator Edge of the 28th:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to the control and management of hazardous conditions, pre ventable diseases, and metabolic disorders, so as to provide stricter guidelines governing the sale of contact lenses.
Referred to the Committee on Health & Ecology.

658

JOURNAL OF THE HOUSE,

SB 126. By Senators Hill of the 4th, Bowen of the 13th, Perdue of the 18th and oth ers:
A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to impose certain conditions, limitations, and restrictions upon the exercise of the constitutional powers granted to counties and municipalities to enter into contracts for regional facilities; to require approval of such contracts by the boards of regional development centers; to require public hearings and public notices prior to the adoption of such con tracts.
Referred to the Committee on State Planning & Community Affairs.

SB 134. By Senator Dean of the 31st:
A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Anno tated, relating to powers of municipal corporations, so as to provide for ser vice and enforcement of any process, summons, notice, or order of a municipal corporation on all persons residing within and without the corpo rate limits of the issuing municipal corporation.
Referred to the Committee on State Planning & Community Affairs.

SB 153. By Senators Clay of the 37th and Burton of the 5th:
A bill to amend Chapter 47 of Title 43 of the Official Code of Georgia Anno tated, known as the "Used Car Dealers' Registration Act," so as to require certain disclosures of information to any person or entity purchasing or leas ing a motor vehicle from a used motor vehicle dealer; to require the mainte nance of certain records and provide for the inspection thereof.
Referred to the Committee on Motor Vehicles.

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

HR 261. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Smith of the 102nd, Hugley of the 133rd and others:
A resolution designating a portion of the Pine Mountain Trail in honor of D. Neal Wickham.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Bartoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove

Y Brooks, D
Brooks, T Y Brown, G Y Brown, J
Brush Y Buck
Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter
Chambless

E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Davis, M
Y Day

Y DeLoach, B Y DeLoach, G
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee
Golden

Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris Y Hart Y Heard
Heckstall Y Hegstrom
Y Hembree Y Henson Y Holland E Holmes

THURSDAY, FEBRUARY 9, 1995

659

Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence
YLee Y Lewis Y Lifsey

YLord Lucas
Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster

Polak
Porter Y Poston Y Powell Y Purcell, A
Y Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson

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

Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs
Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
Whitaker White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 144, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Institutions and Property and referred to the Committee on Judiciary:

HB 229. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Code Section 42-9-44 of the Official Code of Georgia Anno tated, relating to specification of terms and conditions of parole, so as to pro vide that certain parolees shall be required to obtain a general educational development (GED) equivalency diploma or other education as a condition of their parole.

The following Resolution of the House was read and adopted:

HR 300. By Representatives Chambless of the 163rd, Lee of the 94th and Roberts of the 162nd:
A resolution commending Sgt. Charles Shirling and Sgt. Mike Ferros of the Aviation Section of the Georgia State Patrol.

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

HR 265. By Representatives Hugley of the 133rd, Epps of the 131st, Smyre of the 136th and Taylor of the 134th:
A resolution recognizing Alpha Kappa Alpha Sorority, Inc., and inviting Dr. Lucretia Payton-Stewart, the South Atlantic Regional Director, and the members of that sorority to appear before the House of Representatives.

HR 266. By Representatives Porter of the 143rd, Coleman of the 142nd, Parrish of the 144th, Lane of the 146th, Godbee of the 145th and others:
A resolution commending the Georgia Recreation and Parks Association and inviting representatives of the association to appear before the House of Rep resentatives.

660

JOURNAL OF THE HOUSE,

HR 267. By Representatives Hugley of the 133rd, Taylor of the 134th, Culbreth of the 132nd, Smyre of the 136th and Buck of the 135th:
A resolution commending the Kendrick High School girls track team and inviting the members of the team and Coach Gwendolyn H. Engram to appear before the House of Representatives.

HR 268. By Representatives Pelote of the 149th, Dixon of the 150th, Thomas of the 148th and Bordeaux of the 151st:
A resolution commending Arthur A. (Don) Mendonsa and inviting him to appear before the House of Representatives.

HR 278. By Representatives Shanahan of the 10th, Culbreth of the 132nd, Kinnamon of the 4th and Mann of the 5th:
A resolution commending Andrea Claudette Krahn and inviting her to appear before the House of Representatives.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

The following Senate substitute was read:

A BILL

To amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 1994-1995; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

An Act providing appropriations for the State Fiscal Year 1994-1995, as amended, known as the "General Appropriations Act" approved April 18, 1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Sec tion 87, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $9,492,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

PART I.

LEGISLATIVE BRANCH

Section 1. Legislative Branch. Budget Unit: Legislative Branch.........................................................$
Personal Services - Staff ................................................................$ Personal Services - Elected Officials............................................!

24,203,650 12,400,319 3,809,504

THURSDAY, FEBRUARY 9, 1995

661

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............................

2,779,448 98,500 7,000 0 253,500 488,000 5,000 656,000 113,970
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

$

9,264,912

$

517,887

$

1.371,270

$

11,154,069

9,264,912
517,887
1,371,270 11,154,069

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,466,165

$

2,140,263

$

1,029,240

$

1,974,477

$

7,610,145

2,466,165 2,140,263 1,029,240 1,974.477 7,610,145

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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space

662

JOURNAL OF THE HOUSE,

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

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.................,...........................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................? Motor Vehicle Purchases ...............................................................$ Equipment........................................................................,...............! Real Estate Rentals ........................................................................$ Per Diern, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

17,463,512 14,245,693
428,820 560,650 105,102 143,980 852,070 34,000 958,197 135,000 17,463,512 17,463,512

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,433.395 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 .............................................................$
Operation of the Courts.................................................................! Prosecuting Attorneys' Council.....................................................! Sentence Review Panel ..................................................................$

51,050.860 49,839,417
1,969,089 168,158

THURSDAY, FEBRUARY 9, 1995
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 Expense..........................................................................! 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 .........................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................!

663
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
1.244,331 588,985 655,346
1,244,331 1,244,331
36,140,264 43,759,305 21,235,065
280,459

664

JOURNAL OF THE HOUSE,

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....................................................................!

174,200 1,968,391 17,158,273 2,929,021 1,415,182 4,287,065 11,305,000
46,500
2,750,000
500,000
300,000 52,950,576
760,712 21,000,000
250,000
35,000 183,104,749 36,140,264

Departmental 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

1,437,648 2,871,076 11,025,460
493,362 2,856,088
534.080 17,435,092 54,242,035 4,113,230 73,737,518 7,007,090 2,164,629 1,265,067 2,629,572
470,332
0 822,470 183,104,749

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.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay .................................................................................$

0 19,181,264 5,476,388
34,984 532,365
387,088
181,873 19,872 215,974 365,312 78,819

THURSDAY, FEBRUARY 9, 1995

Utilities ................................................ Contractual Expense ........................ Facilities Renovations and Repairs. Total Funds Budgeted....................... State Funds Budgeted.......................

Departmental Functional Budgets

Total Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,397,971

$

5,756,661

$

4,318,271

$

5,842,143

$

383,665

$

4,212,947

$

11,899,822

$

1,515,973

$

0

$

35,327,453

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 ................................................. Veterinary Fees...............................................

665 8,555,906
297,608 0
35,327,453 0
State Funds
36,201,993 31,274,092 4,153,363
896,000 446,460 391,082 359,078 791,341 402,901 957,050 860,000 2,515,782
2,130,411 412,000

666

JOURNAL OF THE HOUSE,

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....................................................................!

127,000 175,000
618,360
250,000
700,000 0
40,000 0
47,499,920 36,201,993

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection
Field Forces Seed Technology Total

7,609,766 14,835,472 7,150,118 6,292,955 3,055,849
7,833,350 722,410
47,499,920

6,828,766 11,955,967 3,475,053 6,046,355 2,930,849
4,965,003 0
36,201,993

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....................................................................!

0 839,425 180,834
7,514 12,500 8,155 5,000
0 7,420 7,420 75,000 107,400 1,252,256
0

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance.............................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ..................................,............................$ Equipment...........................................................,............................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!

8,614,966 6,982,155
384,985 392,080 104,080 26,730 341,668 302,436 70,832
10,000

THURSDAY, FEBRUARY 9, 1995

Total Funds Budgeted................................................... State Funds Budgeted...................................................

Section 16. Department of Children and Youth. 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...................................................

Departmental Functional Budgets

Total 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 Services Centers Total

23,885,481 11,416,767 8,743,519 5,002,303 5,033,614 14,811,181 2,323,798
414,977 932,651 25,527,193
980,826
604,159
7,179,903 3,773,646 110,630,018

Section 17. Department of Community Affairs. Budget Unit: Department of Community
Affairs ..................................................... Personal Services........................................................... Regular Operating Expenses ........................................ Travel............................................................................... Motor Vehicle Purchases ............................................. Equipment...................................................................... Computer Charges.........................................................

667
8,614,966 8,614,966

106,785,151 67,818,535 5,155,525
842,638
234,700
375,195 294,300 1,535,689 773,264
3,630,387
2,144,400
547,600
3,391,400 16,538,041
7,320,344 28,000
110,630,018 106,785,151

State Funds

$

23,085,981

$

10,977,173

$

8,222,255

$

4,779,805

$

4,787,833

$

14,664,377

$

2,323,798

$

414,977

$

932,651

$

24,727,193

$

980,826

$

604,159

$

7,179,903

$

3.104,220

$ 106,785,151

37.115,402 7,571,713
514,983 227,307
12,000 14,476 189,980

668

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ ARC Revolving Loan Fund ...........................................................$ 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.....................................................................! Business Flood Disaster Recovery
Program........................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

549,166 51,309 2,898,783 105,923
2,272,825 4,130,890
94,731
50,536,586
580,883
287,480
100,000 750,000
4,625,000
10,839,967
35,496,473
1,000,000
750,000
180,000
4,000,000 127,780,475 37,115,402

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

!

70,666,259

!

4,060,162

!

53,054,054

! 127,780,475

32,272,787
3,538,930
1.303,685 37,115,402

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 .....................

643,362.073 449,778,437 62,560,607
2,110,975 3,114,564 4,169,710 5,012,000 5,681,082 5,822,295 6,377,814

THURSDAY, FEBRUARY 9, 1995

669

Capital Outlay............................................. Utilities ......................................................... Court Costs................................................... County Subsidy ........................................... Court Subsidy for Jails .............................. County Workcamp Construction Grants. Central Repair Fund................................... Payments to Central State
Hospital for Meals................................... Payments to Central State
Hospital for Utilities............................... Payments to Public Safety for Meals...... Inmate Release Fund.................................. Health Services Purchases......................... Payments to MAG for Health
Care Certification.................................... University of Georgia - College of
Veterinary Medicine Contracts ............. Minor Construction Fund.......................... Total Funds Budgeted................................ Indirect DOAS Funding............................. Georgia Correctional Industries................ State Funds Budgeted................................

0 20,547,180 1,500,000 13,928,400 5,425,378
0 886,000
3,985,806
1,340,100 459,900
1,400,000 54,967,153
60,400
352,357 0
649,480,158 450,000 0
643,362,073

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

$

69,782,574

$ 472,829,030

$ 106.868,554

$ 649,480,158

!

68,031,464

! 471,729,471

! 103,601,138

! 643,362,073

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....................................................................!

38,857,656 31,717,996
1,140,630
678,400
264,500 167,500 428,130 2,715,000 838,000 252,500 650,000
5,000 38,857,656 38,857,656

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 ........................................................................$ Telecommunications.......................................................................!

5,068,471 7,478,958 5,009,530
24,100 0
24,500 12,900 10,000 323,245

670

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts. Capital Outlay............................ Total Funds Budgeted............... State Funds Budgeted...............

563,400 0
13,446,633 5,068,471

Departmental Functional Budgets

Total Funds

State Funds

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

2,342,098 4,604,969 6,499,566 13,466,633

2,217,821 533,129
2,317,521 5,068,471

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 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 Low-Income Families.........................................................................................!
Retirement (H.B. 272 and H.B. 1321).........................................$ Instructional Services for the
Handicapped................................................................................!

3,508,862,104
39,154,117 4,745,586 1,201,316
138,000 370,756 12,394,935 1,495,141 1,286,462 26,397,802 895,752 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 89,791,383 615,158,563 130,609,130 (635,201,965) 71,734,084 116,238,958
149,778,370 3,609,604 20,872,296 57,066,117 64,049,932
416,000
198,714,081 4,950,000
51,519,023

THURSDAY, FEBRUARY 9, 1995

671

Tuition for the Multi-Handicapped .............................................$ Severely Emotionally Disturbed ...................................................$ School Lunch (Federal)..................................................................! School Lunch (State) ......................................................................$ Supervision and Assessment of Students
and Beginning Teachers and Performance-Based Certification..............................................$ Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................$ High School Program .....................................................................$ Special Education in State Institutions.......................................$ Governor's Scholarships .................................................................$ 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....................................................................!

Departmental Functional Budgets

Total Funds

State Administration

!

14,096,468

1,841,080 37,229,829 165,074,766 24,658,747

1,500,000 7,001,200 3,300,462 25,655,564 4,265,569 2,972,200 6,448,277
293,213 1,422,160
10,760,927 5,151,409
934,522 4,039,395 37,880,233
10,019,305
17,093,803 540,250
2,349,999 500,000
8,601,007 12,505,800 4,691,270
312,864 4,806,083
513,000
99,047,892 14,602,242 1,250,000
169,893 1,771,560
356,000 2,575,000 2,000,000 1,876,182 7,250,000 1,130,820
100,000 1.048.000 4,053,966,178
340,000 3,508,862,104

State Funds

!

13,568,000

672

JOURNAL OF THE HOUSE,

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

25,804,170 1,196,467 23,194,362 6,444,528
837,039 3,966,211,311
4,772,121 6,533,109
4,840,603 4,053,966,178

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 ................................... Instructional Technology...................................... Capital Outlay - Lottery....................................... Technology Installation......................................... Postsecondary Options.......................................... Safe Schools Grant................................................. 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............................

20,965,921 1,105,305 18,558,569 2,995,189
837,039 3,435,610,237
4,537,530 6,319,884
4.364,430 3,508,862,104
235,870,773 78,625,000 13,600,000
500,000 1,000,000 8,500,000
900,000
4,221,839 10,500,000 33,028,000 61,405,934 18,990,000
600,000 4,000,000 235,870,773 235,870,773
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
34,884,307 29,005,181 5,472,475
150,185 1,265,696 1,682,392
300,200 52,455 951,378 475,898

THURSDAY, FEBRUARY 9, 1995

673

Ware County Grant ........................................................................$ Ware County Grant for Southern
Forest World................................................................................! Ware County Grant for
Road Maintenance ......................................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0
30,000
60,000 258,219 39,704,079 34,884,307

Departmental 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....................................................................! State Funds Budgeted....................................................................$

42,525,824 31,473,300 2,883,971
701,306 1,051,110
909,723 1,542,393 1,901,552
774,816 748,250 539,403
0 42,525,824 42,525,824

Departmental Functional Budgets

Total Funds

State Funds

Administration Drug Enforcement Investigative Georgia Crime
Information Center Forensic Sciences Total

$

3,372,654

!

9,952,847

!

13,636,759

$

6,899,244

!

8,664,320

!

42,525,824

$

3,372,654

$

9,952,847

$

13,636,759

$

6,899,244

$

8,664,320

$

42,525,824

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.........................................................................!

74,100,127 14,294,550
766,978 282,444
0 277,596 628,207 1,000,239 331,161 4,036,843 3,309,094 40,000

674

JOURNAL OF THE HOUSE,

Governor's Emergency Fund .........................................................$ Intern Stipends and Travel ...........................................................$ Art Grants of State Funds.............................................................$ Art Grants of Non-State Funds....................................................$ Humanities Grants - 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................................................................$ Flood - Federal Match ...................................................................$ Flood - Contingency........................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

4,438,000 165,000
3,007,357 359,004 60,000 0 290,975
1,112,317
100,000 684,400 1,044,200
0 60,000 37,895,000 7,000,000 81,183,365 74,100,127

Departmental 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 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

52,847,094
933,483
6,640,286 4,244,865 2,533,565
352,830
558,546
1,548,110
1,802,768 306,827
3,741,288
5,444,555
229,148 81,183,365

$

52,847,094

$

795,474

$

6,640,286

$

3,462,865

$

2,533,565

$

85,404

$

558,546

$

399,959

$

513,268

$

306,827

$

3,741,288

$

1,986,403

$

229,148

$

74,100,127

B. Budget Unit: Lottery for Education.. Technology Grants.............................. Total Funds Budgeted........................ Lottery Funds Budgeted....................

2,000,000 2,000,000 2,000,000 2,000,000

Section 25. Department of Human Resources. A. Budget Unit: Departmental Operations.... ............... 1. General Administration and Support Budget:
Personal Services........................................................ Regular Operating Expenses ....................................
Motor Vehicle Purchases .

657,449,441
58,146,093 2,026,774 1,327,696 1,554,768

THURSDAY, FEBRUARY 9, 1995

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 Funding........................... State Funds Budgeted..............................

Departmental Functional Budgets

Total 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

$

36,680,558

$

27,921,053

$

5,606,386

$

2,012,276

733,080 2,859,304
9,232,991 6,080,909 5,638,547 1,805,459 1,719,924
0 516,081 52,552,209
1,688,895 158,115,126

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

675
148,992 4,961,394 1,052,879 1,355,714
653,026 244,000 36,680,558 35,021,311 67,500 961,336 13,913,085 158,115,126 412,600 96,501,824

State Funds

$

973,240

$

2,094,214

$

25,131,709

$

26,343,846

$

4,485,460

$

2,012,276

723,080 2,859,304
2,558,166 2,275,651 5,438,547 1,805,459 1,719,924 (8,030,399)
516,081 23,986,371
1,608.895 96,501,824
54,005,810 74,953,069
957,489 0
198,517 1,226,139 5,003,051 1,046,759
747,866 8,131,654
308,000 3,340,000

676

JOURNAL OF THE HOUSE,

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..............................

Departmental Functional Budgets

Total Funds

District Health Administration
Newborn Follow-Up Care Dental Health Stroke and Heart
Attack Preservation Sickle Cell, Vision
and Hearing High-Risk Pregnant
Women and Infant 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

11,778,753 1,215,549 1,384,187
2,093,863
4,153,698
5,298,173
2,725,256 8,798,317 78,171,909 55,093,982 13,394,935 2,863,683 1,716,889
539,785 958,300
6,512,513
1,071,457 1,397,111 1,958,714
978,633 515,002 4,264,369 855,244 303,499 1,879,236 1,833,430 I,213,030 979,000 5,355,679 3,955,146 465,163 7,945,713 II,462,507

0 653,222
0 672,246 11,800,246 96,898,979 34,500 139,801
821,135 260,938,483
549,718 138,242,242

State Funds

$

11,649,078

$

970,020

$

1,174,012

$

1,563,863

$

3,757,396

$

5,186,173

$

326,612

$

4,481,255

$

0

$

54,237,982

$

6,734,211

$

1,807,135

$

1,588,858

$

400,650

$

0

$

5,257,908

$

741,805

$

561,596

$

847,523

$

978,633

$

515,002

$

4,264,369

$

658,019

$

303,499

$

1,745,635

$

1,609,737

$

990,212

$

802,907

$

5,235,679

$

1,504,262

$

285,714

$

4,131,724

$

1,474,809

THURSDAY, FEBRUARY 9, 1995

Drugs and Clinic Supplies Adolescent Health Public Health -
Planning Councils Early Intervention Public Health -
Division Indirect Cost Total

$

3,220,025

$

3,051,019

$

172,330

$

11,362,384

$

0

$ 260,938,483

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..............................

Departmental Functional Budgets

Total 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

$

45,453,275

$

863,713

$

1,709,209

$

8,208,236

$

6,473,709

$

789,944

$

4,007,700

$

701,682

$

32,188,837

$

12,120,947

22,106,766 134,624,018

4. Family and Children Services Budget: Personal Services.................................... Regular Operating Expenses................ Travel....................................................... Motor Vehicle Purchases...................... Equipment............................................... Real Estate Rentals...............................

677
2,485,942 1,990,259
155,178 9,360,303
(1,535.718) 138,242,242
68,784,363
11,108,532 1,128,735 63,700 528,325 4,176,935 7,661,196 2,769,298 1,541,468 24,908,151 27,675 692,387 9,359,186 208,554 912,445 753,068
134,624,018 100,000
22,407,349

State Funds

$

9,104,662

$

581,518

$

793,009

$

3,234,533

$

1,359,940

$

0

$

1,268,731

$

701,682

$

0

$

861,387

$

4,501,887

$

22,407,349

42,360,429 3,904,938 1,061,201
0 346,677 2,621,550

678

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts...... Computer Charges........................... Telecommunications....................... Children's Trust Fund Grants ...... 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....................

Departmental 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 Children's Trust Fund Indirect Cost

511,332 4,118,470 6,541,924 3,745,413 11,611,153 I,098,176 2,029,320 36,125,128 51,072,649 430,371,824
100 2,799,421 II,613,174
105,907,520
89,656,998 3,053,351
7,688,443
60,219,348
12,165,790 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 1,620,548
0 2,051,000
0

23,632,027 26,885,420 4,068,732
0 2,051,000 443,930,519 4,372,441 177,382,281 14,920,085 3,844,413
275,638,099 1,027,019,812
2,565,582 400,298,026

State Funds

$

511,332

$

3,740,286

$

5,355,639

$

3,745,413

$

858,784

$

1,098,176

$

1,847,863

$

17,676,179

$

2,615,249

$ 162,293,215

$

100

$

0

$

0

$

53,010,761

$

31,779,142

$

0

$

2,257,516

$

28,490,604

$

4,589,157

$

10,841,651

$

1,762,504

$

21,898,980

$

6,725,777

$

1,920,404

$

7,256,644

$

6,008,762

$

27,236,623

$

152,058

$

1,595,766

$

0

$

2,051,000

$

(7,021,559)

THURSDAY, FEBRUARY 9, 1995

Total

$ 1,027,019,812

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 Grants ..................... 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

679
400,298,026
223,296,695 91,993,313 4,475,121
1,618,468 1,222,511 12,986,018 37,349,153 32,057,191 7,011,092 8,131,654
308,000 3,340,000
0 653,222 24,908,151 27,675
0 0 2,051,000 443,930,519 5,981,074 214,062,839 71,100,828 96,898,979
310,554 912,445 5,698,618 13,913,085
821,135
275,638,099
464,567,885 353,591,647 39,273,706
449,738 698,750 1,984,056 4,725,152 194,442 2,565,696 9,355,919 12,051,683
1,789,045 48,998,859
94,642,634 30,356,870

680

JOURNAL OF THE HOUSE,

Center Services............................ Special Purpose Contracts............. Total Funds Budgeted.................... Indirect DOAS Services Funding . State Funds Budgeted....................

Departmental Functional Budgets

Total 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 Regional Boards Total

39,261,457 31,793,407
26,561,685
21,453,513
26,605,027
28,168,775 142,045,419
19,741,102
50,146,809
18,833,808 3,699,108
2,156,373
1,357,393
73,517,501 30,000,186
806,641 540,887 48,998,859
72,283,341 444,351
1,541,706
294,701 356,684
6,220,726
13,236,299
95,472 10,131,870 2,962,556 673,255,656

Section 26. Department of Industry, Trade and Tourism.

72,283,341 294,118
673,255,656 2,404,100
464,567,885

State Funds

$

24,833,624

$

13,217,220

$

24,338,913

$

19,789,591

$

19,252,268

$

22,866,320

$

85,447,538

$

18,451,145

$

22,701,191

$

16,075,532

$

2,799,990

$

2,045,084

$

1,332,395

$

37,228,243

$

26,558,233

$

806,641

$

540,887

$

26,325,371

$

68,260,321

$

444,351

$

1,346,206

$

294,701

$

356,684

$

6,220,726

$

13,728,048

95,472 6,248,634 2,962.556 464,567,885

THURSDAY, FEBRUARY 9, 1995

681

Budget Unit: Department of Industry, Trade and Tourism ............................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts.................................................! 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....................................................................!

19,776,102 8,346,275 1,475,818
335,000 32,000 60,883 152,440 947,130 246,000 704,178 171,600 6,899,578 1,450,000 50,000 50,000
0 0 20,920,902 19,776,102

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

$

10,981,880

$

4,259,672

!

960,298

!

4,719,052

!

20,920,902

10,152,080 4,154,672
960,298 4,509,052 19,776,102

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................................

14,753,910 12,874,345
713,762 401,560
84,000
55,750 523,256 806,814 251,433 202,990
0 15,913,910 14,753,910

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loan Regulation Fire Safety and Mobile
Home Regulations Total

4,425,813 6,357,991
435,688
4,694,418 15,913,910

4,425,813 6,357,991
435,688
3.534,418 14,753,910

Section 28. Department of Labor. Budget Unit: Department of Labor.......
Personal Services.................................

7.176.250 66,661,469

682

JOURNAL OF THE HOUSE,

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....................................................................!

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

Departmental 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
I.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....................................................................!

10.340,106 9,471,091
504,005 102,540
0 26,136 342,637 455,147 125,317 60,000 140,000 II,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....................................................................! State Funds Budgeted....................................................................!

1,111,891,375 13,726,336 4,454,835 188,400 0 74,644 22,787,558 885,000 425,000 66,926,024
3,092,382,832 772,500
3,202,623,129 1,111,891,375

THURSDAY, FEBRUARY 9, 1995

683

Departmental 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

60,515,270

$

3,092,382,832

$

1,347,171

$

28,383,447

$

2,347,775

$

5,404,741

$

872,783

$

4,473,502

$

4,851,441

$

2.044,167

$

$ 3,202,623,129

$

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts ......................................................$ Benefits.............................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

2,356,104
1,091,938,556 516,503
7,489,101 1,001,508 2,702,370
332,213
2,192,758 2,425,720
936,542 1,111,891,375
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 Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Health Insurance Payments ..........................................................$ Total Funds Budgeted....................................................................$ Other Agency Funds.......................................................................$ Agency Assessments........................................................................$ Employee and Employer Contributions ......................................$ Deferred Compensation..................................................................$ State Funds Budgeted....................................................................!

0 8,255,874 2,080,135
88,440 54,895 917,345 136,505,130 3,472,999 265,357 838,823,000 990,463,175 114,920 11,070,818 979,129,240 148,197
0

Departmental 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

2,661,950 2,364,459
1,362,143 1,241,437
1,552,628
34,960,454 943,205,397
3,114,707

684

JOURNAL OF THE HOUSE,

Total

990,463,175

Section 32. Department of Natural Resources.
A. Budget Unit: Department of Natural Resources...............................................
Personal Services........................................................... Regular Operating Expenses ....................................... Travel.............................................................................. Motor Vehicle Purchases ............................................. Equipment...................................................................... Real Estate Rentals ...................................................... Per Diem, Fees and Contracts .................................... Computer Charges......................................................... Telecommunications ..................................................... Authority Lease Rentals .............................................. Advertising and Promotion.......................................... Cost of Material for Resale ......................................... Capital Outlay: New Construction.......................................................... Repairs and Maintenance............................................ Land Acquisition Support ........................................... Wildlife Management Area Land
Acquisition.................................................................. Shop Stock - Parks....................................................... User Fee Enhancements............................................... Buoy Maintenance........................................................ Waterfowl Habitat........................................................ Paving at State Parks and
Historic Sites.............................................................. Grants:
Land and Water Conservation.................................... 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 Civil War Commission......................... 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

84,231,405 68,818,165 13,508,732
513,202 2,016,107 2,278,431 2,392,552 2,736,263 1,002,678 1,146,940
130,000 150,000 2,590,000
1,077,719 2,373,611
225,000
800,000 350,000 1,300,000 35,000
0
500,000
800,000 135,000 1,000,000
0 106,513
170,047
80,000
587,259
300,000
0 250,000 8,918,534 5,363,868 31,000
2,354,025 100,000 7,000
124,147,646
887,210
3,804,148

THURSDAY, FEBRUARY 9, 1995

Development Authority....... Receipts from North Georgia
Mountain Authority............. Indirect DOAS Funding.......... State Funds Budgeted.............

Departmental Functional Budgets

Total Funds

Internal Administration Program Support Historic Preservation Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Assistance Total

4,024,300 2,516,164 1,861,209
38,328,779 2,395,525 34,070,527 39,752,075 1,199,067 124,147,646

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........................

Departmental Functional Budgets

Total 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.......................................

685
3,362,900
1,415,630 200,000
84,231,405
State Funds
4,024,300
2,516,164 1,371,209
13,465,950 2,279,275 29,460,224 30,157,069
957,214 84,231,405
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
State Funds
95.670,610
57,572,584 7,432,438
137,617 3,731,450
746,325 4,047,061 1,610,356
600,000 437,400
155,000 25,000 76,495,231

686

JOURNAL OF THE HOUSE,

Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................! 2. Driver Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Conviction Reports .........................................................................!
State Patrol Posts Repairs and Maintenance.........................................................................!
Driver License Processing..............................................................! Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

1,650,000 74,845,231
16,443,143 1,840,988
25,800 0
173,500 45,000 61,058 619,000 189,140
0 290,000
90,000 1,047,750 20,825,379
0 20,825,379

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

22,516,536 20,825,379 53,978,695 97,320,610

21,016,536 20,825,379 53,828,695 95,670,610

B. Budget Unit: Units Attached for Administrative Purposes Only..............................!
1. Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................!
Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................! 2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,067,745
7,203,140 2,586,935
87,970 68,500 198,860 235,708 102,114 144,490 646,987 3,580,523
0 14,855,227 13,760,227
429,531 28,450 9,828
0 3,168 37,080 78,161 3,800 7,500 2,760,000 3,357,518 307,518

THURSDAY, FEBRUARY 9, 1995

Departmental Functional Budgets

Total 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

$

5,561,459

$

1,057,938

$

1,158,915

$

466,052

$

6,610,863

$

18,212,745

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...............................

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...................................

Departmental Functional Budgets

Total Funds

Administration Transportation Utilities Total

$

1,736,672

$

3,503,951

$

4.992,611

$

10,233,234

Section 36. Board of Regents, University
System of Georgia. A. Budget Unit: Resident Instruction.................. Resident Instruction Budget: Personal Services:
Educ., Gen., and Dept. Svcs............................. Sponsored Operations........................................ Operating Expenses: Educ., Gen., and Dept. Svcs............................. Sponsored Operations........................................ Special Funding Initiative................................

687
State Funds 307,518
5,561,459 992,938
1,058,915
466,052
5,680.863 14,067,745
9,640,000
490,000 9,150,000 9,640,000 9,640,000
8,382,229 6,773,916
421,285 256,756 216,200 36,174
408,660
305,489 126,754 1,688,000 10,233,234 8,382,229
State Funds 1,736,672 1,828,826 4,816,731 8,382,229
994,892,042
1,062,833,065 140,000,000
255,884,706 150,000,000 10,688,094

688

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....................................................................!

319,526 349,130 338,382 4,347,000 582.090 1,625,341,993 40,000,000 290,000,000 297,422,651 3,027,300 994,892,042

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....................................................................!

156,360,533
245,195,570 68,262,264
124,653,717 38,852,768
0 2,041,867
1,890,857
2,937,583 2,484,870
146,400 6,244,350 5,241,300
0 2,189,510 5,948,000 1,253,086
600,000 200,000
821,295
212,983
9,397,315 518,573,735
0 106,039,476 255,618,026
555,700 156,360,533

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center
Skidaway Institute of Oceanography

1,812,259 3,791,776

1,275,471 1,460,887

THURSDAY, FEBRUARY 9, 1995

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

!

1,317,167

$ 127,199,259

$

8,463,549

$

52,464,759

$

45,079,061

$ 225,427,808

$

2,652,078

$

2,644,592

$

22,495,342

$

2,719,756

$

2,947,130

$

19,259,199

$

300,000

$ 518,573,735

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 - GPTC ..................................................................$ Equipment - GPTC ........................................................................$ Georgia Research Alliance .............................................................$ Capital Outlay - Albany State College................................................................................! Equipment.......................................................................................,! Per Diem, Fees and Contracts......................................................! Zoo Atlanta Resources Center.......................................................! Special Funding Initiatives............................................................! 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.......................................................................!

689
916,444
12,846,183
2,437,349
34,166,106
27,620,704
30,449,184
2,652,078
493,303
22,495,342
0
90,098 19,157,384
300,000 156,360,533
0 7,710,938 14,207,082 21,918,020 21,918,020
0
119,741,000
19,321,347 28,921,000 3,300,000 36,553,653
13,000,000 1,000,000
50,000 2,500,000 15,095,000 119,741,000 119,741,000
90,339,945 55,344,453 4,610,482 1,385,187
246,000 813,569 14,911,879 2,832,804 1,114,537

690

JOURNAL OF THE HOUSE,

Per Diem, Fees and Contracts.......... County Tax Officials/Retirement
and FICA.......................................... Grants to Counties/Appraisal Staff.. Motor Vehicle Tags and Decals ........ Postage.................................................. Total Funds Budgeted........................ Indirect DOAS Services Funding ..... State Funds Budgeted........................

511,874
3,369,000 0
6,245,955 3.636.176 95,021,916 3,845,000 90,339,945

Departmental 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

6,924,475 11,550,194 9,196,862 17,946,427 7,381,105 22,226,798 7,127,628 4,321,023 4,052,863
46,000 4,248,541 95,021,916

6,924,475 11,350,194 8,381,662 17,646,427 6,681,105 20,926,798 7,127,628 3,284,052 3,723,063
46,000 4,248.541 90,339,945

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......................................................! Elections Expenses..........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

26.428.983 16,241,077 3,727,497
230,350 111,000 243,162 2,030,588 2,484,990 368,304 1,337,015 700.000 27,473,983 26,428,983

Departmental 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

$

3,392,270

$

4,534,349

$

4,866,080

$

3,474,652

$

1,048,300

$

372,291

$

9,786,041

!

27,473,983

3,362,270 4,459,349
4,150,080
3,454,652 994,300 372,291
9.636.041 26,428,983

B. Budget Unit: Real Estate Commission. Personal Services..................................... Regular Operating Expenses.................

1,949,825 1,136,025
155,100

THURSDAY, FEBRUARY 9, 1995
Travel ........................................... Motor Vehicle Purchases .......... Equipment................................... Computer Charges...................... Real Estate Rentals ................... Telecommunications .................. Per Diem, Fees and Contracts. Total Funds Budgeted............... State Funds Budgeted...............
Departmental Functional Budgets

State Funds

Real Estate Commission

$

1,949,825

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.......................................

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.......................................

691
16,000 23,000 8,000 350,000 113,700 30,000 118,000 1,949,825 1,949,825
Cost of Operations
1,989,825
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
30.636,064 4,999,073
464,051 101,800
0 20,000 421,000 44,800 144,250 208,739
0 4,076,000 22,135,260 5,003,940
38,000 75,000 160,000 593,600
425,000 38,910,513 30,636,064

692

JOURNAL OF THE HOUSE,

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education
Assistance Corporation Georgia Student
Finance Authority Georgia Nonpublic Postsecondary
Education Commission Total

5,342,017
0
32,506,800
1,061,696 38,910,513

$
30,034,058 602,006
30,636,064

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................................................................$

75.338,941 37,498,941 12,000,000 6,000,000 20,000,000
240,000 100,000 75,338,941 75,838,941

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......................................................................!

145,238,288 3,872,659 400,793 120,500 0 15,000 406,730 334,490 158,000 704,000 99,823,159 19,869,284 0 7,324,563 25,012,445

THURSDAY, FEBRUARY 9, 1995

Regents Program........... Adult Literacy Grants.. Total Funds Budgeted.. State Funds Budgeted..

Departmental Functional Budgets

Total Funds

Administration Institutional Programs Total

$

6,012,172

$ 170,099,745

$ 176,111,917

B. Budget Unit: Lottery for Education......................................... Computer Laboratories and Satellite Dishes - Adult Literacy ......................................................... Capital Outlay - Technical Institute Satellite Facilities................................................................... Equipment - Technical Institutes ........................................... Repairs and Renovations.......................................................... Total Funds Budgeted............................................................... Lottery Funds Budgeted...........................................................

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...............................................................

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

$ 762,267,424

$ 196,819,300

$

12,062,562

$

23,126.927

$ 994,276,213

General Funds Budget

Planning and Construction Air Transportation

1,625,316 1,403,525

693
2,758,900 15,311.394 176,111,917 145,238,288

State Funds

$

4,023,495

$ 141,214.793

$ 145,238,288

42,280,423

1,000,000

19,737,673 14,542,750 7,000,000 42,280,423 42,280,423

454,915.497 244,633,944 55,888,851
1,494,910 1,522,000 5,757,602 6,077,860 1,334,773 2,503,900 47,534,677 632,498,885
1,024,100
1,167,500 9,463,781
680,000

1,011,582,783 454,915,497

State Funds

$ 226,740,895

$ 185,619,300

$

11,512,562

$

22.501.927

$ 446,374,684

1,625,316 1,016,525

694

JOURNAL OF THE HOUSE,

Inter-Modal Transfer Facilities
Harbor/Intra-Coastal Waterways Activities
Total

13,597,729
680,000 17,306,570

5,218,972
680.000 8,540,813

Section 44. Department of Veterans Service. Budget Unit: Department of Veterans Service....... ....
Personal Services................... ..................................... Regular Operating Expenses ....................................
Motor Vehicle Purchases ...............................................................$ Equipment.................................................................................. ......$ Computer Charges...... .....................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Operating Expense/Payments to
Central State Hospital................................................................$ Operating Expense/Payments to
Medical College of Georgia........................................... .............$ Regular Operating Expenses
for Projects and Insurance............................ .............................I Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

23,536,066 4,769,335
115,123 75,700
0 183,700 10,253 238,641 57,883 198,500
17,386,621
6,970,976
325,825 30,332,557 23,536,066

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing
Home - Augusta Total

5,569,735
17,723,246
7,039,576 30,332,557

5,299,126
13,222,776
5.014,164 23,536,066

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...............,....................................................!

10.192.885 7,368,707
370,549 58,000
0 19,250 490,482 1,013,996 109,040 204,518 748,343 10,382,885 10,192,885

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

384,046,235

THURSDAY, FEBRUARY 9, 1995

695

Funds (Issued).........................................................$
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ............................................................$ Motor Fuel Tax Funds (New) ............................................................$

61,000,000 445,046,235
19,212,035 0
19,212,035

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 place ment in the General Assembly.

Section 48. Provisions Relative to Section 3, Supreme Court. The appro priations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts.

Section 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 contribu tions for judges and employees of the Court.

Section 50. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.

Section 51. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.

Section 52. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.

Section 53. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

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Section 54. Provisions Relative to Section 12, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible. The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan can be developed. All radio equipment purchases shall require the approval of the Office of Planning and Budget.
It is the intent of the General Assembly with reference to the development of a com munications 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 deter mine the feasibility of relocating the MLK Laboratories.
Provided that of the appropriation to the Department of Agriculture, up to $50,000 is authorized to be expended for the purpose of relocating the Statesboro poultry diagnos tic laboratory to Glennville.
Provided, that of the appropriation to the Department of Agriculture, up to $75,000 is authorized to be expended for ELISHA testing equipment for branch laboratories at Bowden, Camilla, Dalton, Douglas and Montezuma.

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", spe cific, 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

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 Renovations

$

25,000

7,000

50,000

25,000

22,000

25,000

25,000

25,000

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
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

THURSDAY, FEBRUARY 9, 1995
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 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 Purchase of Properties for Park Operations of Motherhood and Beyond Project Water System Repairs Water System Improvements
Capitol Preservation Planning for the Maritime
Trade Center

697
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 40,000 50,000 15,000 20,000 20,000 50,000 550,000

698 City of Atlanta
Houston 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
Dougherty County
Crawford County DeKalb County
Richmond County Board of Education
Richmond County Board of Education

JOURNAL OF THE HOUSE,
Public Access and Teacher Education Program at Clark Atlanta University
Expansion and Operation of Aviation Museum and Hall of Fame
Community Development Center Operations
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 and Acquisition for Industrial Park
Scotdale Youth Development Program Operations
Renovations to Davidson Fine Arts Magnet
School Renovations to A.R.
Johnson Magnet School

250,000
913,000 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
194,400 90,000
20,000
75,000
40,000

THURSDAY, FEBRUARY 9, 1995

699

Terrell County
City of Rockmart
City of Decatur
City of Perry
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
Columbus/Muscogee County

Roof Repairs to Terrell County Library
Senior Citizen Center Operations
Contract for Services from Georgia School-Age Care Association
Operation of Genesis House
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
Construction and Purchase of Equipment
Planning for a regional educational/cultural facility

100,000 40,000
75,000 20,000 30,000 100,000
25,000 25,000 10,000 25,000 25,000 25,000 25,000 25,000 48,190 250,000

Section 57. Provisions Relative to Section 18, Department of Correc tions. It is the intent of this General Assembly that chaplains, teachers and librarians be employed by contract for all correctional institutions opened after July 1, 1991 when possible.
Provided, that the Department shall require the same qualifications for contract chap lains as that for classified merit system positions with the same job duties.
It is the intent of this General Assembly that the department is authorized to 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 fund ing assumes a base unit cost of $1,689.75. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 20, funds are designated and committed for the purpose of special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1995.
From the Appropriations in Section 20, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds,

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approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SPY 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 SPY 1995 that it contributed during SPY 1994.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumu late empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.
It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as
received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans
mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
Provided, that funds for pilot elementary school foreign language programs shall be
used for kindergarten, first and second grade programs in schools which had pilot kinder garten programs in Fiscal Year 1993.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.
Provided, that of the funds appropriated in Section 20, $8,926,440 is designated and committed to pay for the settlement of Civil Action File No. CV-490-191, Board of Public Education of the city of Savannah and the County of Chatham, et al. vs. State of Georgia.

THURSDAY, FEBRUARY 9, 1995

701

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 com pilation, 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 not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in Asst. Group
1 2 3 4 5 6
7
8 9 10 11

Standards of Need $ 235
356 424 500 573 621
672
713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410
444
470 496 530 568

Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding. It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis.
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 hos pital and that existing funds appropriated herein for mental retardation hospitals be uti lized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.
Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts object

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class at each of the MH/MR/SA institutions as needed to insure coverage for physicians, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds.
It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chap ter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program.
The Department of Human Resources is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 33 mentally retarded clients from hospitals to community residential settings.
The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services.
The Department of Human Resources is directed to provide funding to a not for profit agency for the treatment of hempohilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acqui sition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home vistis 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, funding for recently introduced and technologically advanced psychotropic medications may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these medications. Such transfers shall not require prior budgetary approval.
It is the intent of the General Assembly that no funds appropriated to the Depart ment 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 appro priated 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. Pro vided, 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

THURSDAY, FEBRUARY 9, 1995

703

Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
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.
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 estab lish 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 appropri ated in Section 32 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 32.
Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department.
Section 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 pur suit 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.

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Provided, that of the above amount, $3,750,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.
Provided that of the above Lottery funds, $15,000,000 is appropriated to establish an Equipment, Technology and Construction Trust Fund. Additionally, $14,950,000 shall be used to match public and private grants to public colleges and universities. Provided, how ever that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents 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.
Section 68. Provisions Relative to Section 38, Secretary of State. Pro vided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation.
Section 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 commit ted solely for Board Member Training.
Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County.
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 Transpor tation. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.
c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article 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.

THURSDAY, FEBRUARY 9, 1995

705

h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $507,374,684 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
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 $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 provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 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 com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.

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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
Second to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 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 con tinue programs currently funded entirely with Federal funds.
Section 79. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 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 appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that

THURSDAY, FEBRUARY 9, 1995

707

no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include Personal Services, Regular Operating Expenses, Travel, Motor Vehicles Equipment Pur chases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Tele communications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

Section 81. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 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. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

A.) Maturities not to exceed two hundred forty months.

Principal Amount

Debt Service

Renovation of TrinityWashington Building
Renovation of the #2 Peachtree Street Building
Construction and equipment for Forensic Sciences Lab in Chattooga Co.
Perimeter fencing and gatehouse at Lorenzo Benn Youth Detention Center
Renovation of four cottages

15,000,000 10,000,000 3,400,000
315,000

1,440,000 960,000 326,400
30,240

708

JOURNAL OF THE HOUSE,

at Millegeville Youth Detention Center Replacement of HVAC systems at Augusta Youth Detention Center and Rome Regional Youth Detention Center Replacement of centralized fire alarm/evacuation system at Millegeville Youth Detention Center Roofing projects at Augusta Youth Detention Center Additional costs associated with construction of the Savannah Youth Detention Center Design and construction of 400-bed units at Autry, Dooly, Macon and Washington correctional institutions Two 150-bed units at the Eastman Youth Development facility Repairs, renovations and other projects at various correctional facilities statewide Construction of a new state health laboratory Renovations at Georgia Industries for the Blind at Bainbridge Roofing projects at Atlanta Regional Hospital Design of a new Augusta Visitor Information Center and major repairs and renovations to the state's visitor information centers Construction of a Children's Medical Center at the Medical College of Georgia Cost overruns associated with dormitory projects at Georgia Tech Land acquisition and limited site development for the future expansion of the Georgia World Congress Center Cost overruns of the Georgia World Congress Center pedestrian plaza Construction of a laboratory at Northwest Georgia Regional Hospital Provide low interest bonds to
local governments for water,
sewer and wastewater
treatment projects
Construction of a women's
probation detention center

435,000
290,000
110,000 50,000
700,000
24,000,000 12,000,000 2,760,000 13,000,000
500,000 620,000
550,000 42,385,000
5,000,000
10,000,000 4,000,000 4,140,000
16,500,000

41,760
27,840
10,560 4,800 67,200
2,304,000 1,152,000
264,960 1,248,000
48,000 59,520
52,800 4,068,960
480,000
960,000 384,000 397,440
1,584,000

THURSDAY, FEBRUARY 9, 1995

709

in N.W. Georgia

$2,240,000

215,000

B.) Maturities not to exceed sixty months.

Replacement of Unisys mainframe computer for law enforcement
Renovation of mechanical systems in the Archives Building
Renovation of elevators in state-owned buildings
Design of two 150-bed youth detention centers in Mclntosh and Muscogee Counties and two additional 100-bed youth detention centers
Renovations to the kitchen and laundry and the conversion of the high temperature/high pressure water system at Brook Run Hospital
Renovation of the water tank at Central State Hospital
Design of a new health and physical education facility at Albany State College

5,000,000 2,250,000 2,000,000
2,440,000
565,000 220,000 540,000

1,185,000 533,250 474,000
578,280
133,905 52,140 127,980

Section 84. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1995

$

10,226,138,444

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 86. All laws and parts of laws in conflict with this Act are repealed."

Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

Representative Coleman of the 142nd moved that the House disagree to the Senate substitute.

Representative Kaye of the 37th moved that the House agree to the Senate substitute, as amended by the following amendment:

Representative Kaye of the 37th, et al. move to amend Senate substitute to HB 201 by (removing from) total State fund appropriations relating to the figure $97,442,440 and decreasing State Funds as listed below:

Department of Audits Department of Community Affairs Department of Defense Georgia Bureau of Investigation Office of the Governor Department of Human Resources Department of Industry and Trade Department of Insurance Department of Natural Resources Department of Public Safety

(475,087) (5,005,245)
(280,000) (183,279) (522,500) (15,294,637) (460,000) (105,500) (900,000) (1,722,153)

710

JOURNAL OF THE HOUSE,

Department of Revenue Department of Secretary of State Department of Veterans Service State Board of Worker's Compensation State of Georgia General Obligation Debt Sinking Fund Total State Fund Reduction

(3,441,200) (35,000) (175,000) (50,000)
(68,792,839) $ (97,442,440)

By (removing from) the State funds budgeted for the Department of Audits Section 2, relating to State Fiscal Year 1995 the figure $475,087 and by decreasing the object classes as listed below:

Computer Charges Equipment Total Funds State Funds

$

(378,487)

$

(96,600)

$

(475,087)

$

(475,087)

By (removing from) the State funds budgeted for the Department of Community Affairs Section 17, relating to State Fiscal Year 1995 the figure $5,005,245 and by decreasing the object classes as listed below:

Personal Services Per Diem, Fees and Contracts Georgia Housing and Finance Authority Georgia Music Hall of Fame Local Assistance Grants Total Funds State Funds

$

(43,245)

$

(300,000)

$

(4,382,000)

$

(30,000)

$

(250,000)

$

(5,005,245)

$

(5,005,245)

by (removing from) the State funds budgeted for the Department of Defense, Section 44, relating to State Fiscal Year 1995 the figure $280,000 and by (decreasing) the object classes as listed below:

Telecommunications Total Funds State Funds

$

(280,000)

$

(280,000)

$

(280,000)

by (removing from) the State funds budgeted for the Georgia Bureau of Investigation Sec tion 23, relating to State Fiscal Year 1995 the figure $183,279 and by decreasing the object classes as listed below:

Personal Services Regular Operating Expenses Travel Motor Vehicle and Equipment Purchases Equipment Purchases Per Diem, Fees and Contracts Computer Charges Real Estate Rentals Telecommunications Evidenced Purchased Total Funds State Funds

$

(11,852)

$

(36,756)

$

(5,000)

$

(45,110)

$

(60,471)

$

(4,250)

$

(5,800)

$

(10,700)

$

(2,090)

$

(1,250)

$

(183,279)

$

(183,279)

By removing from the State funds budgeted for the Department of Office of the Governor, Section 24, relating to State Fiscal Year 1995 the figure $522,500 and by decreasing the object classes as listed below:

Personal Services Travel Per Diem, Fees and Contracts Cost of Operations

$

(42,000)

$

(2,500)

$

(265,000)

$

(125,000)

THURSDAY, FEBRUARY 9, 1995

711

Governor's Emergency Fund Total Funds State Funds

$

(88,000)

$

(522,500)

$

(522,500)

by (removing from) the State funds budgeted for the Department of Human Resources, Section 25, relating to State Fiscal Year 1995 the figure $15,210,192, and by (decreasing) the object classes and increasing Agency Funds as listed below:

Per Diem, Fees and Contracts Computer Charges Utilities Service Benefits for Children Grants to County DFACS Operations Total Funds Agency Funds State Funds

$

(4,675,000)

$

(3,000,000)

$

(380,000)

$

(5,871,054)

$

(9,703,678)

$ (23,629,732)

$

(8,335,095)

$ (15,294,637)

by (removing from) the State funds budgeted for the Department of Industry, Trade and Tourism Section 26, relating to State Fiscal Year 1995 the figure $460,000 and by decreas ing the object classes and increasing other funds as listed below:

Marketing Total Funds Other Funds State Funds

$

(420,000)

$

(420,000)

$

40,000

$

(460,000)

by (removing from) the State funds budgeted for the Department of Insurance Section 27, relating to State Fiscal Year 1995 the figure $105,500 and by decreasing the object classes as listed below:

Personal Services Computer Charges Total Funds State Funds

$

(30,000)

$

(75,500)

$

(105,500)

$

(105,500)

by (removing from) the State funds budgeted for the Department of Natural Resources Section 32, relating to State Fiscal Year 1995 the figure $900,000 and by decreasing the object classes and increasing other funds as listed below:

Recreation Grants Georgia State Games Commission Total Funds State Funds

$

(500,000)

$

(400,000)

$

(900,000)

$

(900,000)

by (removing from) the State funds budgeted for the Department of Public Safety Section 33, relating to State Fiscal Year 1995 the figure $1,722,153 and by decreasing the object classes as listed below:

Real Estate Rentals State Patrol Post Repairs and Maintenance Peace Officers Training Grants Total Funds State Funds

$

(1,600,000)

$

(60,000)

$

(62,153)

$

(1,722,153)

$

(1,722,153)

by (removing from) the State funds budgeted for the Department of Revenue, Section 44, relating to State Fiscal Year 1995 the figure $3,441,200 and by (decreasing) the object classes as listed below:

Personal Services Regular Operating Expenses Travel

$

(41,000)

$

(14,087)

$

(5,013)

712

JOURNAL OF THE HOUSE,

Equipment Purchases Per Diem, Fees and Contracts Computer Charges Motor Vehicle Tags and Decals Postage Total Funds State Funds

$

(13,447)

$

46,650

$

(274,303)

$

(3,000,000)

$

(140,000)

$

(3,441,200)

$

(3,441,200)

By (removing from) the State funds budgeted for the Department of Secretary of State, Section 38, relating to State Fiscal Year 1995 the figure $35,000 and by decreasing the object classes as listed below:

Personal Services Total Funds State Funds

$

(35,000)

$

(35,000)

$

(35,000)

by (removing from) the State funds budgeted for the Department of Veterans Service Sec tion 44, relating to State Fiscal Year 1995 the figure $175,000 and by (decreasing) the object classes as listed below:

Per Diem, Fees and Contracts Total Funds State Funds

$

(175,000)

$

(175,000)

$

(175,000)

by (removing from) the State funds budgeted for the State Board of Worker's Compensa tion Section 45, relating to State Fiscal Year 1995 the figure $50,000 and by decreasing the object classes and increasing other funds as listed below:

Regular Operating Expenses Total Funds State Funds

$

(50,000)

$

(50,000)

$

(50,000)

by (removing from) the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund, Section 46, relating to State Fiscal Year 1995 the figure $50,876,352, and by (decreasing) the object classes as listed below:

State General Funds (Issued) State General Funds (New)

$ (58,954,384)

$

(9,838,455)

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

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

N Carter N Chambless E Channell
N Childers N Coker
N Coleman, B
N Coleman, T N Connell
N Cox N Crawtord
Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Day N DeLoach, B N DeLoach, G Y Dix N Dixon, H N Dixon, S
N Dobbs
Y Ehrhart
N Epps
Y Evans
Y Falls

Y Felton N Floyd N Godbee
N Golden Y Goodwin
N Greene
Y Grindley N Manner
N Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland E Holmes N Howard N Hudson N Hugley
Y Irvin
N James
N Jamieson
N Jenkins
Y Johnson, G

N Johnson, J Y Johnston N Jones
Y Joyce Y Kaye
N Kinnamon
Y Klein Y Ladd
Y Lakly N Lane Y Lawrence N Lee N Lewis Y Lifsey N Lord
Lucas Y Maddox Y Mann N Martin N McBee N McCall
N McClinlon
N McKinney
Y Mills
N Mobley, B
N Mobley, J

N Mosley N Mueller N O'Neal
N Orrock N Parham
N Parrish
Y Parsons N Pelote
N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B E Randall N Randolph N Ray N Reaves N Reichert
N Roberts
N Rogers
N Royal
Y Sanders
Y Sauder

THURSDAY, FEBRUARY 9, 1995

713

N Scoggins N Shanahan N Shaw
N Sherrill
N Shipp N Simpson
Sinkfield
N Skipper N Smith, C Y Smith, C.W

N Smith, L N Smith, P N Smith, T
Y Smith, V
Y Smith, W N Smyre Y Snelling
N Snow N Stalling N Stancil, F

Y Stancil, S N Stanley, L N Stanley, V
N Stephenson
N Streat E Taylor N Teague
N Teper N Thomas N Tillman

N Titus Y Towery N Trense
N Turnquest
N Twiggs N Walker, L Y Walker, R.L
N Wall N Watson N Watts

Y Westmorland N Whitaker N White
Y Wiles
N Williams, B Y Williams, J N Williams, R
Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 45, nays 125. The motion was lost.

The House has disagreed to the Senate substitute.

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

HB 581. By Representatives Walker of the 141st, Lee of the 94th, Coleman of the 142nd, Murphy of the 18th, Towery of the 30th and others:
A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide for changes in the statutory rates for legal advertising.

Pursuant to Rule 134, Representative Scoggins of the 24th was excused from voting on HB 581.

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 Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnard Y Barnes
Bates
Y Benetield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck
Y Buckner Y Bunn
Y Burkhalter Y Byrd Y Campbell
Y Canty
Y Carter Y Chambless E Channell Y Childers Y Coker
Y Coleman, B
Y Coleman, T

Y Connell Y Cox
Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart Y Epps Y Evans Y Falls Y Felton
Y Floyd Godbee
Y Golden Y Goodwin Y Greene
Y Grindley
Y Hanner Y Harbin Y Harris
Hart Y Heard
Y Heckstall
Y Hegstrom

Y Hembree Y Henson
Y Holland E Holmes Y Howard Y Hudson
Y Hugley Y Irvin Y James
Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd
Y Lakly Y Lane
Y Lawrence Y Lee Y Lewis
Y Lifsey
Y Lord Lucas
Y Maddox Y Mann Y Martin
Y McBee
Y McCall

Y McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley
Y Mueller Y O'Neal Y Orrock
Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
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 Rogers Y Royal Y Sanders Y Sauder
Scoggins
Y Shanahan

Y Shaw Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L
Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling
Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Y Stanley, P Y Stephenson
Y Streat E Taylor Y Teague
Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense
Y Turnquest
Y Twiggs

714

JOURNAL OF THE HOUSE,

Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts Y Westmorland

Y Whitaker White
Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th, Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 45-7-4 of the Official Code of Georgia Anno tated, relating to compensation of certain public officials, so as to change the amount of the daily expense allowance of members of the General Assembly.

The following amendment was read:
Representative Ehrhart of the 36th moves to amend HB 62 by adding before the word "members" on line 4 of page 1 the word: "certain".
By striking all matter on line 21 of page 1 and inserting in its place the following:
"28-1-8 shall be $59.00 in the case of a member whose residence is 50 or fewer miles from the state capitol building according to the most practical route of travel. In the case of a member whose residence is more than 50 miles from the state capitol building according to the most practical route of travel, the amount of the daily expense allowance shall be $75.00. The".

The following amendment to the Ehrhart amendment was read:

Representative Irvin of the 45th moves to amend the Ehrhart amendment to HB 62 as follows:
by changing the period after $75.00 on line 17 to a semicolon, and adding the following:
"provided, however, that if a member living within 50 miles from Atlanta attends a committee meeting more that 50 miles from Atlanta, he or she may request, and upon such request shall receive, $75 per diem for such attend ance."

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

Y Ashe N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush

N Buck
N Buckner Y Bunn
Y Burkhalter
NByrd
Y Campbell N Canty N Carter N Chambless E Channell N Childers Y Coker N Coleman, B N Coleman, T N Connell
NCox
Y Crawford Y Crews N Culbreth

N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G NDix Y Dixon, H
N Dixon, S Dobbs
Y Ehrhart N Epps Y Evans N Falls Y Felton N Floyd N God bee Y Golden N Goodwin

N Greene Y Grindley N Manner Y Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland E Holmes N Howard N Hudson N Hugley Y Irvin N James N Jamieson

Y Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones N Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly YLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox

THURSDAY, FEBRUARY 9, 1995

715

Y Mann N Martin N McBee Y McCall N McClinton N McKinney N Mills
Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons
N Pelote

Y Perry Y Pinholster Y Polak N Porter Y Poston Y Powell N Purcell, A N Purcell, B E Randall N Randolph
YRay N Reaves N Reichert N Roberts
N Rogers N Royal
Y Sanders

Y Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinktield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V Y Smith, W N Smyre

Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor N Teague N Teper N Thomas N Tillman Y Titus
Y Towery Y Trense

On the adoption of the amendment, the ayes were 66, nays 106. The amendment was lost.

N Turnquest Y Twiggs N Walker, L Y Walker, R.L N Wall
N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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

Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard Y Barnes
Bates N Benetield N Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J Y Brush N Buck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless E Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell N Cox Y Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee Y Golden N Goodwin N Greene Y Grindley N Hanner Y Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland E Holmes N Howard N Hudson

N Husley Y Irvin N James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones N Joyce YKaye N Kinnamun Y Klein YLadd N Lakly NLane Y Lawrence
N Lee N Lewis
N Lifsey NLord N Lucas Y Maddox YMann N Martin
N McBee Y McCall N McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

N Parham
N Parrish Y Parsons Y Pelote N Perry Y Pinholster Y Polak N Porter
Y Poston Y Powell N Purcell, A N Purcell, B E Randall N Randolph
YRay N Reaves N Reichert
N Roberts N Rogers
N Royal Y Sanders
Y Sauder N Scoggins Y Shanahan N Shaw N Sherrill N Shipp N Simpson N Sinktield N Skipper Y Smith, C N Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 68, nays 105. The amendment was lost.

N Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B
Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Poston of the 3rd moves to amend HB 62 as follows: Strike Section 2 add new Section 2:

716

JOURNAL OF THE HOUSE,

This Act shall take effect January 1, 1997.

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

Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard Y Barnes N Bates N Benefield
N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless E Channell N Childers Y Coker
Y Coleman, B N Coleman, T N Connell
NCox Y Crawiord

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
Y Day Y DeLoach, B
Y DeLoach, G YDix N Dixon, H N Dixon,S N Dobbs Y Ehrhart N Epps Y Evans Y Falls N Felton N Floyd N Godbee Y Golden Y Goodwin
N Greene Y Grindley N Manner Y Harbin
Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland E Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson
Jenkins
Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence
NLee N Lewis Y Lifsey NLord N Lucas Y Maddox Y Mann N Martin N McBee
McCall N McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock

N Parham N Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak N Porter Y Poston
Powell N Purcell, A N Purcell, B E Randall N Randolph
NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder Y Scoggins N Shanahan YShaw N Sherrill
N Shipp N Simpson N Sinktield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 61, nays 110. The amendment was lost.

N Smith, W
N Smyre N Snelling N Snow N Stallings N Stancil, F
Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor N Teague N Teper
N Thomas N Tillman N Titus
Towery Y Trense Y Turnquest N Twiggs N Walker, L
N Walker, R.L N Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following substitute, offered by Representative Lakly of the 105th, was read:

A BILL
To amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to com pensation of certain public officials, so as to change the amount of the daily expense allow ance of members of the General Assembly; to provide that such expense allowances may be changed in appropriations Acts; 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. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, is amended by striking the third undesignated subparagraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated subpara graph to read as follows:
"Each member of the General Assembly shall also receive the allow ances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of

THURSDAY, FEBRUARY 9, 1995

717

Code Section 28-1-8 shall be $60.00 $75.00 in the case of a member whose residence is fewer than 50 miles from the state capitol build ing according to the most practical route of travel; and in the case of a member whose residence is more than 50 miles from the state capitol building according to the most practical route of travel, the amount of the daily expense allowance shall be $119.00; provided, however, that the per diem rate may be increased prospectively in any general or amended appropriations Act, but no such increase shall exceed 100 percent of the federal per diem rate then in effect for members who reside more than 50 miles from the state capitol building or 63 percent of the federal per diem rate then m effect for members who reside 50 or fewer miles from the state capitol build ing, and for this purpose the federal per diem rate shall be the per diem rate in effect for the state capital as specified by the General Services Administration. The mileage allowance for the use of a per sonal car on official business shall be the same as that received by other state officials and employees."
SECTION 2. This Act shall become effective on the second Monday in January, 1997, with respect to members of the General Assembly. With respect to other state officers or employees whose compensation or expense allowance is determined by reference to that of General Assem bly members, this Act shall become effective March 1, 1995.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Mueller of the 152nd moves to amend the Floor substitute to HB 62 as follows:
P. 2 line 22 strike on the 2nd Monday in Jan 1997 and add:
the date on which this Act is approved by the Governor or becomes law without such approval.

Representative Childers of the 13th moves to amend the Floor substitute to HB 62 as fol lows:
By changing the figure $119.00 on line 33 page 1 to $95.00.

On the adoption of the Floor substitute, as amended, the roll call was ordered and the vote was as follows:

N Ashe N Bailey N Baker N Bannister N Barfoot N Bargeron
N Barnard N Barnes N Bates
N Benefield
N Birdsong N Bordeaux
N Bostick
N Breedlove
N Brooks, D N Brooks, T N Brown, G

N Brown, J N Brush N Buck N Buckner Y Bunn N Burkhalter
N Byrd N Campbell N Canty
N Carter
N Chambless E Channel!
N Childers
N Coker
N Coleman, B N Coleman, T N Connell

N Cox N Crawford N Crews N Culbreth N Cummings N Davis, G
N Davis, M N Day N DeLoach, B
Y DeLoach, G
N Dix N Dixon, H
N Dixon, S
N Dobbs
N Ehrhart N Epps N Evans

N Falls N Felton N Floyd N Godbee N Golden N Goodwill
N Greene N Grindley N Manner
N Harbin
N Harris N Hart
N Heard
N Heckstall
N Hegstrom N Hembree N Henson

N Holland E Holmes N Howard N Hudson N Hugley N Irvin
N James N Jamieson N Jenkins
N Johnson, G
N Johnson, J N Johnston
N Jones
N Joyce
N Kaye N Kinnamon N Klein

718

JOURNAL OF THE HOUSE,

N Ladd Y Lakly
N Lane
N Lawrence N Lee N Lewis N Lifsey N Lord N Lucas
Y Maddox
N Mann
N Martin
N McBee
N McCall
N McClinlon N McKinney N Mills N Mobley, B N Mobley, J

N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish N Parsons N Pelote Y Perry
N Pinholster N Polak
N Porter
N Poston
N Poweil N Purcell, A
N Purcell, B E Randall N Randolph
NRay

N Reaves N Reichert Y Roberts N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan NShaw
N Sherrill
N Shipp
N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P

N Smith, T N Smith, V N Smith, W N Smyre N Snelling N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P
N Stephenson
N Streat
E Taylor N Teague N Teper N Thomas N Tillman N Titus

N Towery
N Trense
N Turnquest
N Twiggs
N Walker, L N Walker, R.L N Wall N Watson N Watts N Westmoreland N Whitaker
White N Wiles N Williams, B N Williams, J N Williams, R N Woods
N Yates Murphy, Spkr

On the adoption of the Floor substitute, as amended, the ayes were 7, nays 167. The Floor substitute was lost.

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

Y Ashe
Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron N Barnard N Barnes Y Bates Y Benefield
Y Birdsong
Y Bordeaux
Y Bostick
Y Breedlove
Brooks, D
Y Brooks, T
Y Brown, G
Y Brown, J
Y Brush
YBuck
Y Buckner
N Bunn
Y Burkhalter
Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Y Connell
YCox
N Crawford

N Crews
Y Culbreth
Y Cummings Y Davis, G N Davis, M
NDay
N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden
N Goodwill
Y Greene N Grindley
Y Manner
Y Harbin
Y Harris
YHart Y Heard Y Heckstall
Y Hegstrom
N Hembree
Y Henson
N Holland
E Holmes Y Howard
Y Hudson

Y Hu S ley
N Irvin Y James
Y Jamieson
N Jenkins
Y Johnson, G
N Johnson, J
N Johnston
Y Jones
N Joyce
N Kaye Y Kinnamon N Klein NLadd
Y Lakly YLane N Lawrence Y Lee N Lewis Y Lifsey Y Lord Y Lucas N Maddox N Mann Y Martin Y McBee
McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley Y Mueller N O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote N Perry
Y Pinholster Y Polak Y Porter
N Poston
Poweil
Y Purcell, A
Y Purcell, B E Randall Y Randolph YRay Y Reaves
Y Reichert
Y Roberts
N Rogers
Y Royal
N Sanders
N Sauder
Y Scoggins
Y Shanahan
YShaw N Sherrill Y Shipp N Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper
Y Thomas
Y Tillman
Y Titus
Y Towery
Y Trense
Y Turnquest
Y Twiggs Y Walker, L N Walker, R.L
Y Wall Y Watson
Y Watts
Y Westmoreland N Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 123, nays 48. The Bill, having received the requisite constitutional majority, was passed.

Representative Bannister of the 77th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

THURSDAY, FEBRUARY 9, 1995

719

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

HB 128. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessment of effectiveness of educational programs, so as to provide for issuance of a warranty affirming a student's preparation to each student receiving a high school diploma; to provide that when, under certain conditions, a person to whom such a warranty has been issued is identified as deficient in certain skills, such person may enroll free of charge in related classes offered by any technical and adult education school.

The following substitute, offered by Representative Baker of the 70th, et al., was read:

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 and assessment of effectiveness of educational pro grams, so as to prohibit the use of student assessments which attempt to reveal certain beliefs or value systems or judgments; to provide for issuance of a warranty affirming a student's preparation to each student receiving a high school diploma; to provide that when, under certain conditions, a person to whom such a warranty has been issued is iden tified as deficient in certain skills, such person may enroll free of charge in related classes offered by any technical and adult education school; to prohibit assessment or testing pro grams which reveal certain personal or family information; 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. Part 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of and assessment of effectiveness of educational programs, is amended by striking Code Section 20-2-281, relating to assessment of effectiveness of edu cational programs, and inserting in its place a new Code Section to read as follows:
"20-2-281.
(a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the edu cational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Curriculum-based assessments of the quality core curriculum and nationally norm-referenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A curriculum-based assessment shall be administered in grade 11 for grad uation purposes. Only the curriculum-based assessments in grades three, five, and eight and the eleventh grade norm-referenced instrument may be administered by matrix sample. Writing assessments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with per formance outcome measures resulting from the administration of such tests. The curriculum-based assessments that the state board shall develop shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140. The curriculum-based assessments shall place emphasis upon reading, writing, mathematics, science, and social studies. All such curriculum-based assessments shall include process and application skills as assessed in a range of academic content; and shall exceed mini mum and essential skills by extending the assessments' range of difficulty; n4 shall emphasize higher erdf thinking skills; provided, however, that no assessment shall be

720

JOURNAL OF THE HOUSE,

adopted that will attempt to reveal a student's belief or value system or value judgment in a situation.
(b) The nationally normed assessments provided for in subsection (a) of this Code sec tion 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 appro priation by the General Assembly, a comprehensive item bank which shall be representa tive 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 pur suant 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 assess ments which reflect student achievement at the classroom, school, and system levels. One of the components in both the comprehensive evaluation pursuant to 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.
(c) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the award ing of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further pro vide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education program and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Pro gram.
(d)(l) A warranty affirming the quality and appropriateness of the student's prepara tion shall be issued by local school systems to each student receiving a diploma on or after January 1, 1996. Such warranty shall be effective for two years following the student's graduation from high school and shall guarantee competence in reading, writing, and mathematics. After July 1^ 1996, graduates possessing a valid warranty who have been employed full time in Georgia for at least three months by a Georgia employer and who are identified by their employer as: (A) deficient in the areas of reading, writing, or mathematics; and (B) in need of retraining may enroll in classes related to the identified deficiencies offered by any technical and adult education school in Georgia. Such courses shall be provided at no cost to the student or employer.
(2) This subsection shall not be construed to require any employer to provide leave to any employee to attend such classes or to require an employer to compensate any employee for attending such classes.
(3) This subsection shall not be construed to create any cause of action on behalf of any person.
{4} (e)(l) Local school systems may not use state funds to purchase or administer assessments other than those specified in subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or whole,

THURSDAY, FEBRUARY 9, 1995

721

individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally autho rized funds allocated to state or local systems or both, are authorized to expend a por tion of the allocated state program funds for such testing purposes. (2) In addition to the provisions of paragraph (1) of this subsection, no student shall be required, as a part of any applicable program, to submit to a survey, analysis, or evaluation which reveals any of the following information about the student or his or her parent or guardian:
(A) Political affiliations; (B) Sexual behavior and attitudes except information regarding sexual or physical abuse of a child; (C) Critical appraisals of other individuals with whom the student has close family relationships; (D) Legally recognized privileged relationships or analogous relationships, such as those with an attorney, a physician, or a member of the clergy; (E) Income, other than as required by law for determination of eligibility for partic ipation in a program or for receipt of financial assistance under such program without the prior consent of the student, if the student is an adult or emancipated minor, or, in the case of an unemancipated minor, without the prior written consent of the parent or guardian."
SECTION 2. This Act shall become effective only when funds are specifically appropriated for the pur poses of this Act in an appropriations Act making specific reference to this Act.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Towery of the 30th moves to amend the Floor substitute to HB 128 as fol lows:
Insert on line 5 page 4 after the word "employer." the following:
"The cost of retraining of any warranted student shall be the responsibility of that local school system responsible for initially graduating said student".

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

N Ashe N Bailey N Baker Y Bannister
N Barfoot N Bargeron Y Barnard Y Barnes
Bates N Beneiield N Birdsong
N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck
Buckner N Bunn

N Burkhalter NByrd Y Campbell N Canty N Carter N Chambless E Channell Y Childers Y Coker N Coleman, B N Coleman, T Y Connell NCox Y Crawtord Y Crews N Culbreth
Cummings Davis, G Y Davis, M N Day Y DeLoach, B Y DeLoach, G

YDix Y Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd
N Godbee N Golden Y Goodwill
Greene Y Grindley N Hanner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom

Y Hembree N Henson N Holland E Holmes N Howard N Hudson N Hugley Y Irvin
N James Jamieson
N Jenkins Y Johnson, G Y Johnson, J
Y Johnston N Jones Y Joyce YKaye
N Kinnamun Y Klein
YLadd Y Lakly NLane

Y Lawrence N Lee Y Lewis Y Lifsey NLord
N Lucas Y Maddox
Mann N Martin N McBee Y McCall N McClinton
McKinney N Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish

722

JOURNAL OF THE HOUSE,

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

N Reichert N Roberts
Rogers N Royal Y Sanders Y Sauder N Scoggins Y Shanahan N Shaw N Sherrill Y Shipp
Simpson N Sinkfield N Skipper

Y Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L

N Stanley, P N Stephenson N Streat E Taylor N Teague N Teper
N Thomas N Tillman Y Titus Y Towery N Trense N Turnquest N Twiggs N Walker, L

On the adoption of the amendment, the ayes were 65, nays 97. The amendment was lost.

N Walker, R.L Y Wall N Watson
Watts Y Westmorland
Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read and lost:

Representative Williams of the 83rd moves to amend the Floor substitute to HB 128 as follows:
Page 3 line 41 after "in", insert "basic"; after "mathematics" insert "skills";
Page 4 line 1 after "of insert "basic"; after "mathematics", insert "skills".

The following amendment was read:

Representative Stancil of the 16th moves to amend the Floor substitute to HB 128 by inserting at the end of line 5 of page 4 the following:
"After July 1 1996, graduates possessing a valid warranty who are enrolled full time in a course of postsecondary instruction in Georgia and who are identified by the institu tion as: (1) deficient in the areas of reading, writing, or mathematics; and (2) in need of retraining may enroll in classes related to the identified deficiencies offered by such institution or by any technical and adult education school in Georgia. Such courses shall be provided at no cost to the student or institution."

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

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

Y Campbell N Canty N Carter N Chambless E Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell
Cox Y Crawford Y Crews N Culbreth N Cummings
Davis, G Y Davis, M
N Day Y DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs

Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin
Greene Y Grindley N Hanner N Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom
N Hembree N Henson N Holland E Holmes N Howard N Hudson

N HuRley Y Irvin N James
Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones N Joyce
YKaye N Kinnamon
N Klein YLadd Y Lakly N Lane Y Lawrence NLee N Lewis Y Lifsey N Lord
Lucas Y Maddox YMann

N Martin N McBee
McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J
N Mosley Y Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston
Powell N Purcell, A N Purcell, B

THURSDAY, FEBRUARY 9, 1995

723

E Randall N Randolph
NRay N Reaves N Reichert N Roberts
Rogers Royal Y Sanders Y Sauder N Scoggins N Shanahan

NShaw N Sherrill Y Shipp
Simpson N Sinkiield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S
N Stanley, L N Stanley, P N Stephenson N Streat E Taylor

N Teague N Teper
N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall

On the adoption of the amendment, the ayes were 55, nays 105. The amendment was lost.

N Watson
Watts Y Westmorland Y Whitaker N White
Wiles Y Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Lucas of the 124th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Crews of the 78th moves to amend the Floor substitute to HB 128 by redesignating paragraph (3) on lines 10 and 11 of page 4 as paragraph (4).
By inserting between lines 9 and 10 of page 4 the following:
"(3) At the end of each school year, the technical and adult education schools provid ing such classes will publish the names of the high schools from which said students have graduated, said notice to be published in the legal organ of the county where the high school is located."

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

Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard Y Barnes
Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush N Buck
Buckner N Bunn Y Burkhalter N Byrd Y Campbell
N Canty N Carter N Chambless E Channell Y Childers Y Coker Y Coleman, B

N Coleman, T
N Connell NCox
N Crawford Y Crews
N Culbreth Y Cummings
Davis, G Y Davis, M N Day
Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd
N Godbee N Golden Y Goodwin
Greene Y Grindley N Hanner Y Harbin Y Harris NHart N Heard

N Heckstall N Hegstrom Y Hembree N Henson N Holland E Holmes N Howard N Hudson N Hugley Y Irvin N James
Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann

N Martin N McBee
McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal
N Orrock N Parham N Parrish
Y Parsons N Pelote N Perry
Y Pinholster N Polak N Porter N Poston
Powell
N Purcell, A N Purcell, B E Randall N Randolph
NRay N Reaves N Reichert N Roberts
Rogers N Royal

Y Sanders Y Sauder Y Scoggins N Shanahan NShaw N Sherrill N Shipp
Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat E Taylor N Teague N Teper N Thomas N Tillman

724

JOURNAL OF THE HOUSE,

N Titus Y Towery Y Trense N Turnquest

N Twiggs N Walker, L Y Walker, R.L Y Wall

N Watson
Watts Y Westmoreland N Whitaker

N White Y Wiles Y Williams, B Y Williams, J

On the adoption of the amendment, the ayes were 61, nays 103. The amendment was lost.

Y Williams, R N Woods N Yates
Murphy, Spkr

The Floor substitute was adopted.

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

Y Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush Y Buck
Buckner
N Bunn Y Burkhalter N Byrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers N Coker Y Coleman, B
Y Coleman, T Y Connell YCox Y Crawlord

N Crews Y Culbreth Y Cummings
Davis, G N Davis, M
NDay N DeLoach, B Y DeLoach, G NDix N Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin
Greene N Grindley Y Manner N Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland E Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamun N Klein N Ladd N Lakly N Lane Y Lawrence Y Lee N Lewis N Lifsey
Lord Y Lucas N Maddox N Mann Y Martin
Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish N Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B E Randall Y Randolph NRay Y Reaves N Reichert Y Roberts
Rogers Y Royal
N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P N Smith, T N Smith, V

N Smith, W Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P N Stephenson Y Streat E Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus N Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L
Y Wall Y Watson
Watts N Westmoreland N Whitaker Y White N Wiles Y Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 112, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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

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

Mr. Speaker:

THURSDAY, FEBRUARY 9, 1995

725

The Senate insists on its substitute to the following bill of the House:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

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 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 201 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Walker of the 141st, Coleman of the 142nd and Buck of the 135th.

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

HR 301. By Representatives Byrd of the 170th, Jamieson of the 22nd and Barfoot of the 155th:
A resolution recognizing Paul Edward Anderson and inviting Glenda Anderson to appear before the House of Representatives.

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.

726

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, February 10, 1995

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:

Bannister Bargeron Barnard Barnes Benefield Birdsong Bostick Brooks, T Brown, G
Brown, J Buck
Buckner
Bunn
Byrd
Carter
Childers
Coker Coleman, T
Connell
Cox
Crawford Crews Culbreth Cummings

Davis. M Day DeLoach, B DeLoach, G Dixon, H Dixon, S
Ehrhart
Epps Falls Felton Godbee Golden
Grindley
Harbin
Harris Heard
Hegstrom Hembree Henson
Howard Hudson Hugley Jenkins Johnson, G

Johnston
Jones Joyce Kaye Klein Ladd Lakly
Lane
Lawrence Lee Lewis Lord Lucas Maddox Mann Martin McBee
McClinton
Mills Mobley, J Mosley Mueller O'Neal
Pelote

Perry
Pinholster Powell Purcell, B Randolph Ray Reichert Roberts Rogers Royal Sanders Scoggins
Shaw Sherrill
Simpson Skipper Smith, C Smith, C.W Smith, L Smith, T
Smith, V
Smith, W
Snelling

Snow Stallings Stancil, F Stancil, S Stanley, L Stephenson Streat Teague Titus Trense Walker, L
Walker, R.L
Wall
Watson
Watts
Westmoreland
Whitaker
White
Wiles
Williams, B
Williams, J
Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Breedlove of the 85th, Jamieson of the 22nd, Thomas of the 148th, Polak of the 67th, Poston of the 3rd, Mobley of the 69th, Heckstall of the 55th, Parsons of the 40th, Purcell of the 147th, Bordeaux of the 151st, Shanahan of the 10th, Parrish of the 144th, Lifsey of the 6th, Yates of the 106th, Teper of the 61st, Kinnamon of the 4th, Burkhalter of the 41st, Sinkfield of the 57th, McKinney of the 51st, Sauder of the 29th, Coleman of the 80th, Campbell of the 42nd, Tillman of the 173rd, Dix of the 76th, Barfoot of the 155th, Holland of the 157th, Holmes of the 53rd, Johnson of the 84th, Wil liams of the 114th, Shipp of the 38th, Parham of the 122nd, Turnquest of the 73rd, Irvin of the 45th, McCall of the 90th, Chambless of the 163rd, Brush of the 112th, Goodwin of the 79th, Orrock of the 56th, Twiggs of the 8th and Davis of the 48th.
They wish to be recorded as present.

Prayer was offered by Dr. Jimmy Waters, Baptist Minister, Macon, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

FRIDAY, FEBRUARY 10, 1995

727

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of Local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 672. By Representatives Stanley of the 50th, Stanley of the 49th, McKinney of the 51st, Walker of the 141st, Cox of the 160th and others: 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 local officials in the community where the offender will reside upon release on parole.
Referred to the Committee on State Institutions & Property.
HB 673. By Representatives Kinnamon of the 4th and Campbell of the 42nd: A bill to amend Code Section 17-7-150 of the Official Code of Georgia Anno tated, relating to procedures for change of venue, so as to provide additional procedures for change of venue; to provide for applicability.
Referred to the Committee on Judiciary.
HB 674. By Representative Scoggins of the 24th:
A bill to amend an Act incorporating the City of Ila in the County of Madi son, so as to change the terms of office of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 675. By Representatives Jamieson of the 22nd, Smith of the 174th, Stanley of the 49th, Hegstrom of the 66th, Randolph of the 72nd and others:
A bill to amend Code Section 19-7-5 of the Official Code of Georgia Anno tated, relating to the reporting of child abuse, so as to require reports of child abuse to be made to the child welfare agency of the county of residence of the abused child.
Referred to the Committee on Judiciary.
HB 676. By Representatives Towery of the 30th, Shipp of the 38th, Henson of the 65th and Sauder of the 29th:
A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with regard to group or blanket accident and sickness insurance, so as to provide for statutory con struction; to provide requirements for preexisting condition provisions in group policies of accident and sickness insurance.
Referred to the Committee on Insurance.

728

JOURNAL OF THE HOUSE,

HB 677. By Representative Barnes of the 33rd:
A bill to amend Code Section 40-9-101, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a cer tificate of self-insurance; to change the provisions relating to the transition period in which a person operating as a self-insurer must meet certain requirements concerning cash deposits.
Referred to the Committee on Insurance.

HB 678. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment for teachers, so as to provide for a salary increase for those persons who have received certification from the National Board for Professional Teaching Standards.
Referred to the Committee on Education.

HB 679. By Representative Buck of the 135th:
A bill to amend Code Section 47-2-182 of the Official Code of Georgia Anno tated, relating to credit in the Employees' Retirement System of Georgia for certain former teachers, so as to provide such credit for teachers of indepen dent school districts who were not members of a local retirement system.
Referred to the Committee on Retirement.

HB 680. By Representative Stancil of the 91st:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to distilled spirits, so as to provide procedures in counties or municipalities in which the sale of distilled spirits are not lawful for the call of a referendum on the question of the issuance of licenses for the sale of distilled spirits for beverage purposes by the drink for consumption on the premises upon the resolution of the governing authority.
Referred to the Committee on Regulated Beverages.

HB 681. By Representatives Randolph of the 72nd, Williams of the 63rd, Mann of the 5th, Turnquest of the 73rd and Teague of the 58th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for donations to certain charitable organizations.
Referred to the Committee on Ways & Means.

HB 682. By Representative Reichert of the 126th:
A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Anno tated, relating to vital records, so as to provide for limitations on fees col lected relative to vital records services; to provide for applicability of such limitations; to provide for an exception.
Referred to the Committee on Health & Ecology.

FRIDAY, FEBRUARY 10, 1995

729

HB 683. By Representative Royal of the 164th:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of state income tax, so as to provide an income tax credit for the cost of purchasing an alternative fuel vehicle or converting a conventionally fueled vehicle to an alternative fuel vehicle; to provide for a deduction from taxable net income for the cost of fueling or charging station equipment associated therewith.
Referred to the Committee on Ways & Means.

HB 684. By Representatives Trense of the 44th, Buck of the 135th, Skipper of the 137th and Towery of the 30th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations.

February 9, 1995
Dear Clerk,
Pursuant to Rule 52 notice of a motion to engross House Bill 684 (LC 18 6799) is hereby made by the undersigned.
Sincerely, /s/ Sharon Trense
Representative 44th
Referred to the Committee on Ways & Means.

HB 685. By Representatives McClinton of the 68th, Martin of the 47th, Mobley of the 69th, Murphy of the 18th, Brooks of the 103rd and others:
A bill to amend Part 1 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions relative to obscen ity and related offenses, so as to provide that the unsolicited distribution of material depicting dead bodies or body parts shall be accompanied by a return address and a certain notice.
Referred to the Committee on Special Judiciary.

HB 686. By Representative Connell of the 115th:
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 provide for the creation of an executive subcommittee of the Georgia Golf Hall of Fame Board.
Referred to the Committee on State Planning & Community Affairs.

HB 687. By Representatives Buck of the 135th, Coleman of the 142nd and Murphy of the 18th:
A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to change certain provisions relating to the levy and rate of taxation with respect to certain motor fuels.
Referred to the Committee on Ways & Means.

730

JOURNAL OF THE HOUSE,

HB 688. By Representatives Buck of the 135th, Coleman of the 142nd and Murphy of the 18th:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to change certain provisions regarding certain sales and use tax exemptions with respect to certain motor fuels.
Referred to the Committee on Ways & Means.

HB 689. By Representatives Mosley of the 171st and Byrd of the 170th:
A bill to amend Code Section 47-2-262 of the Official Code of Georgia Anno tated, relating to membership in the Employees' Retirement System of Geor gia by assistant district attorneys and employees of the Prosecuting Attorneys' Council, so as to change the definition of assistant district attor ney; to provide that certain current assistant district attorneys and employ ees of the Prosecuting Attorneys' Council may elect to become members of the Employees' Retirement System of Georgia.
Referred to the Committee on Retirement.

HB 690. By Representatives McBee of the 88th, Cummings of the 27th, Scoggins of the 24th and Buck of the 135th:
A bill to amend Code Section 47-21-4 of the Official Code of Georgia Anno tated, relating to employee and other contributions under the regents retire ment plan, so as to change the employer's contribution.
Referred to the Committee on Retirement.

HB 691. By Representatives Dobbs of the 92nd, Stancil of the 91st, Twiggs of the 8th and Walker of the 141st:
A bill to amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire at the age of 55 years.
Referred to the Committee on Retirement.

HB 692. By Representative Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 3 of the Official Code of Georgia Anno tated, relating to general provisions relating to alcoholic beverages, so as to provide for the manner in which changes are made to revenue measures involving alcoholic beverages.
Referred to the Committee on Regulated Beverages.

HB 693. By Representatives Ashe of the 46th, Holmes of the 53rd and Stanley of the 50th:
A bill to amend Code Section 48-8-6 of the Official Code of Georgia Anno tated, relating to prohibitions regarding the imposition of certain local taxes, so as to provide for applicability with respect to any sales tax, use tax, or sales and use tax levied and imposed pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended.
Referred to the Committee on Ways & Means.

FRIDAY, FEBRUARY 10, 1995

731

HR 302. By Representative Streat of the 167th:
A resolution urging the Georgia Building Authority to designate smoking areas in buildings under its control.
Referred to the Committee on State Institutions & Property.

HR 303. By Representatives Trense of the 44th, Murphy of the 18th, Ashe of the 46th, Martin of the 47th and Baker of the 70th:
A resolution creating the Planning Committee for the Religious Community Conference on the Needs of Children.
Referred to the Committee on Rules.
HR 304. By Representatives Epps of the 131st, Murphy of the 18th, Buck of the 135th, Hugley of the 133rd, Smith of the 102nd and others:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr. Bridge.
Referred to the Committee on Transportation.

HR 305. By Representatives Childers of the 13th and Perry of the llth:
A resolution expressing the sense of the House of Representatives that equi table mental health care benefits must be included in any health care reform legislation passed by the General Assembly.
Referred to the Committee on Health & Ecology.

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 694. By Representatives Smith of the 169th, Byrd of the 170th, Streat of the 167th, Mosley of the 171st, Watts of the 26th and others:
A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Anno tated, relating to general provisions relative to state government, so as to define a certain term; to provide that no state agency may expend state funds in any manner which assists, supports, or encourages certain activities.
Referred to the Committee on Appropriations.

HB 695. By Representative Ashe of the 46th:
A bill to amend Code Section 19-3-33.1 of the Official Code of Georgia Anno tated, relating to the surname used in application for a marriage license, so as to provide that the surname from a previous marriage may continue to be used as the legal surname after a subsequent marriage.
Referred to the Committee on Judiciary.

HB 696. By Representatives Teague of the 58th, Brown of the 117th, James of the 140th, Roberts of the 162nd, Mobley of the 69th and others:
A bill to amend Code Section 50-5-67 of the Official Code of Georgia Anno tated, relating to the competitive bidding procedure, so as to define a term; to require the Department of Administrative Services to establish and main tain a central bid registry.
Referred to the Committee on State Planning & Community Affairs.

732

JOURNAL OF THE HOUSE,

HB 697. By Representatives Mann of the 5th, Lifsey of the 6th, Johnson of the 97th, Smith of the 102nd and Westmoreland of the 104th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that the names of candidates in state and local elections shall appear on the ballot in alphabetical order; to provide that the incumbency of a candidate shall not appear on the ballot.
Referred to the Committee on Governmental Affairs.

HB 698. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th, Dixon of the 150th and Mueller of the 152nd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the provisions relating to the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 699. By Representative Smith of the 175th:
A bill to amend an Act creating the Board of Commissioners of Camden County, so as to authorize deputy sheriffs simultaneously to hold office as members of the board of commissioners and serve as deputy sheriffs.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 700. By Representatives Felton of the 43rd, Bunn of the 74th, Brooks of the 103rd, Randolph of the 72nd and Coleman of the 80th:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for an additional qualification for judges of the superior courts, judges of the state courts, solicitors, and district attorneys.
Referred to the Committee on Judiciary.

HB 701. By Representatives Felton of the 43rd, Bunn of the 74th, Brooks of the 103rd, Williams of the 63rd, Randolph of the 72nd and others:
A bill to amend Code Sections 40-8-76 and 40-8-76.1 of the Official Code of Georgia Annotated, relating to automobile safety belt equipment and use, respectively, so as to change certain penalties.
Referred to the Committee on Motor Vehicles.

HB 702. By Representatives Felton of the 43rd, Bunn of the 74th, Brooks of the 103rd, Williams of the 63rd, Randolph of the 72nd and others:
A bill to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide additional conditions for the probation of persons who commit crimes of family violence.
Referred to the Committee on Special Judiciary.

HB 703. By Representatives Powell of the 23rd, Benefield of the 96th, Bailey of the 93rd and Jamieson of the 22nd:
A bill to amend Chapter 3 of Title 43 of the Official Code of Georgia Anno tated, relating to accountants, so as to establish a class of licensed public accountants; to provide a definition; to add a licensed public accountant to the State Board of Accountancy.
Referred to the Committee on Industry.

FRIDAY, FEBRUARY 10, 1995

733

HB 704. By Representative Cox of the 160th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Anno tated, relating to juries, so as to change the provisions relating to the punish ment of any person who is drawn and summoned as a juror and who neglects or refuses to appear or who absents himself or herself without leave of the court; to change the provisions relating to jury clerks and other personnel.
Referred to the Committee on Judiciary.
HB 705. By Representatives Snow of the 2nd and Streat of the 167th:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, the "Georgia Securities Act of 1973," so as to provide for and identify the assistant commissioner as the ultimate decision maker in contested cases.
Referred to the Committee on Banks & Banking.
HB 706. By Representatives Snow of the 2nd and Streat of the 167th:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Cemetery Act of 1983," so as to raise the penalty amount for the late filing of renewal registrations or financial reports; to provide for and identify a division director of the office of the Secretary of State as the ultimate decision maker in contested cases.
Referred to the Committee on State Planning & Community Affairs.

HB 707. By Representatives Snow of the 2nd and Streat of the 167th:
A bill to amend Chapter 5A of Title 10 of the Official Code of Georgia Anno tated, relating to commodities, so as to provide for and identify the assistant commissioner as the ultimate decision maker in contested cases.
Referred to the Committee on Industry.

HB 708. By Representative Heard of the 89th:
A bill to amend Code Section 33-48-2 of the Official Code of Georgia Anno tated, relating to definitions used with regard to producer controlled property and casualty insurers, so as to revise what shall be considered as control or controlled.
Referred to the Committee on Insurance.

HB 709. By Representative Heard of the 89th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require insurers domiciled in this state to file reports with the Commissioner of Insurance and other entities disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements.
Referred to the Committee on Insurance.

HB 710. By Representative Heard of the 89th:
A bill to amend Chapter 38 of Title 33 of the Official Code of Georgia Anno tated, relating to the Georgia Life and Health Insurance Guaranty Associa tion, so as to revise the scope of coverage available under the association; to revise the definition of member insurer.
Referred to the Committee on Insurance.

734

JOURNAL OF THE HOUSE,

HB 711. By Representatives Crews of the 78th, Trense of the 44th, Johnson of the 84th, Smith of the 169th, Williams of the 83rd and others:
A bill to amend Code Section 20-2-143 of the Official Code of Georgia Anno tated, relating to sex education and AIDS instruction, so as to provide limita tions upon such instruction.
Referred to the Committee on Education.

HB 712. By Representative Twiggs of the 8th:
A bill 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 provide a means by which the Georgia Crime Information Center may release criminal history records with the consent of the person whose records are requested; to provide that notarized consent shall not be necessary for the release of certain criminal history records.
Referred to the Committee on Public Safety.

HB 713. By Representative Twiggs of the 8th:
A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to prohibit the unauthorized use of any municipal or county police department's nomenclature or symbols.
Referred to the Committee on Public Safety.

HB 714. By Representative Twiggs of the 8th:
A bill to amend Code Section 35-2-43 of the Official Code of Georgia Anno tated, relating to eligibility for appointment to or enlistment in the Uniform Division of the Department of Public Safety, so as to change certain age requirements relating to eligibility.
Referred to the Committee on Public Safety.

HR 316. By Representatives Smith of the 175th, Smith of the 174th, Smith of the 169th, Tillman of the 173rd, Day of the 153rd and others:
A resolution urging the National Park Service to take certain actions regard ing Cumberland Island and the City of St. Marys.
Referred to the Committee on Game, Fish & Parks.

HR 317. By Representatives Irvin of the 45th, Mueller of the 152nd, Ehrhart of the 36th, Pinholster of the 15th, Evans of the 28th and others:
A resolution urging the United States Congress to either provide funds to the states for implementation of the National Voter Registration Act of 1993 or repeal the Act in its entirety.
Referred to the Committee on Governmental Affairs.

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.
Referred to the Committee on Appropriations.

FRIDAY, FEBRUARY 10, 1995

735

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

HB 649 HB 650 HB 651 HB 652 HB 653 HB 654 HB 655 HB 656 HB 657 HB 658 HB 659 HB 660 HB 661 HB 662 HB 663 HB 664 HB 665 HB 666

HB 667 HB 668 HB 669 HB 670 HB 671 HR 290 HR 291 HR 292 HR 293 HR 298 HR 299 SB 11 SB 49 SB 123 SB 125 SB 126 SB 134 SB 153

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 299 Do Pass, by Substitute HB 301 Do Pass

HB 469 Do Pass HB 627 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 517 Do Pass
Respectfully submitted, 1st Dixon of the 168th
Chairman

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

Mr. Speaker:

736

JOURNAL OF THE HOUSE,

Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 260 Do Pass
Respectfully submitted, Is/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 170 Do Pass, by Substitute HB 413 Do Pass, by Substitute HB 457 Do Pass, by Substitute
Respectfully submitted, Is/ Jenkins of the 110th
Vice-Chairman

Representative Royal of the 164th 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 637 Do Pass HB 639 Do Pass HB 642 Do Pass

HB 645 Do Pass SB 261 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:
Your Committee on Transportation has had under consideration the following Resolu tions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 233 Do Pass HR 276 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

FRIDAY, FEBRUARY 10, 1995

737

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 402 Do Pass, by Substitute HB 462 Do Pass HB 567 Do Pass
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 10, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 20th Legislative Day as enu merated below:
HB 50 Income tax; corporate income apportionment; change method HB 219 Retail installment contract or revolving acct; delinquency charge HB 260 Unemployment benefits; liability of succeeding employers HB 454 Hosp for tuberculosis; amend provisions HB 475 Tax exempt status of Stone Mt Memorial Assoc; exception HB 592 District Attorneys' Retirement; benefits; service over 16 years HB 594 Poultry Capital of the World; designate Georgia HR 234 Barrow County; lease property SB 103 Financial Institutions - rules, regulations on powers
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 637. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the State Court of Lowndes County, so as to provide that the solicitor of the state court shall be full time and may not engage in the private practice of law.

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

738

JOURNAL OF THE HOUSE,

HB 639. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act making provisions for the judge of the Probate Court of Lamar County, so as to provide that the judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor.

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

HB 642. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd, Taylor of the 134th and others:
A bill to amend an Act creating the board of elections and registration for Muscogee County, so as to change the manner of selecting members of the board; to change the manner of filling vacancies; to provide for succession and removal of members.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
HB 645. By Representative Purcell of the 9th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the salary of the coroner.

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

SB 261. By Senators Starr of the 44th and Thomas of the 10th:
A bill to provide that each resident of the Clayton County School District who is 65 years of age and older shall be granted an exemption from all Clayton County School District taxes on the full value of such person's home stead owned and occupied by such person as a residence; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to provide for related matters; to provide for applicabil ity; to provide for a referendum.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

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

Y Bordeaux
Y Bostick Y Breedlove
E Brooks, D
Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn

Y Burkhalter
Y Byrd Y Campbell
Canty
Y Carter
Chambless E Channel! Y Childers Y Coker Y Coleman, B
Coleman, T

Connell
Y Cox Y Crawford
Y Crews
Y Culbreth
Y Cummings Davis, G
Y Davis, M Y Day Y DeLoach, B Y DeLoach, G

Y Dix
Y Dixon. H Y Dixon, S
Y Dobbs
Y Ehrhart
Epps Y Evans Y Falls Y Felton Y Floyd
Godbee

FRIDAY, FEBRUARY 10, 1995

739

Y Golden Goodwin
E Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart
Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
James Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston

Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee
Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann
Martin McBee McCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

Y Mueller Y O'Neal
Orrock Y Parham
Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Y Poston Powell
Y Purcell, A
Y Purcell, B E Randall Y Randolph
YRay Y Reaves
Reichert Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder

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

E Taylor Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Walker, L Y Walker, R.L Wall Y Watson Y Watts Y Westmureland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 137, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Tillman of the 173rd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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

SB 254. By Senators Slotin of the 39th, Thomas of the 10th, Oliver of the 42nd and others:
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," as amended, so as to reduce the minimum acreage required for a residential zone within 1,000 feet of a MARTA station from 2.5 to one; to reduce the minimum acreage requirement from eight to five for a mixed-use commercial and residential zone.

HB 527. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Lamar County.

HB 535. By Representative Purcell of the 147th:
A bill to amend an Act creating the State Court of Effingham County, so as to change the salary of the judge of said court.

740

JOURNAL OF THE HOUSE,

SB 81. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal cases in general, so as to provide limitations upon the granting of bail where there is probable cause to believe that a serious violent felony has been committed by a person previously convicted for a serious violent felony; to define terms; to state legislative findings.

SB 115. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Code Section 19-13-32 of the Official Code of Georgia Anno tated, relating to membership of the State Commission on Family Violence, so as to change the entities represented by membership on the commission.

SB 117. By Senators Ray of the 19th, Thompson of the 33rd, Brown of the 26th and others:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to fees of superior court clerks, so as to change the amount of fees charged in family violence cases; to provide that the fees so specified shall be inclusive of all amounts provided for in other laws, except for costs for service of process; to provide for other related matters; to provide for an effective date and applicability.

SB 120. By Senators Marable of the 52nd, Scott of the 36th, Oliver of the 42nd and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide for the consideration of the safety of the child and of a parent who has been the victim of family violence in proceedings in which child custody or parental visitation is an issue if the court has made a finding of family violence.

SB 124. By Senators Farrow of the 54th, McGuire of the 30th, Land of the 16th and Glanton of the 34th:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, so as to provide that certain statements made by a child to another shall be admissi ble through the testimony of such other person under certain circumstances.

SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Clay of the 37th, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and delete certain definitions; to revise provisions relative to the man agement of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.

FRIDAY, FEBRUARY 10, 1995

741

SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to change the dates for qualifying and for the general primary in 1996.
SB 193. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to provide for procedures for quali fying for candidates seeking election to county offices in nonpartisan elections.
SB 234. By Senators Farrow of the 54th, Oliver of the 42nd and Stokes of the 43rd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence.
SB 253. By Senators Brown of the 26th, Ray of the 19th and Perdue of the 18th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices; so as to make it unlawful for any person other than a governmental agency to manufacture, sell or dis tribute an identification card using the words "State of Georgia" unless such identification card has printed thereon the word "nonofficial"; to provide penalties; to provide for the offense of fraudulent issuance of personal identi fication cards.
HB 164. By Representatives Parrish of the 144th, Coleman of the 142nd, Buck of the 135th and others:
A bill to provide for the Department of Labor a supplemental appropriation, pursuant to and in accordance with provisions of Code Section 34-8-81 of the Official Code of Georgia Annotated, relating to the creation and purposes of the Employment Security Administration Fund, and Code Section 34-8-85 of the Official Code of Georgia Annotated, relating to certain withdrawals from the Unemployment Trust Fund.
HB 197. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated.
HB 199. By Representatives Chambless of the 163rd, Bostick of the 165th, Barnes of the 33rd and others:
A bill to amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the Gen eral Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of mat ters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated.

742

JOURNAL OF THE HOUSE,

HB 278. By Representatives Charabless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated, to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 318. By Representatives Randall of the 127th, Childers of the 13th and Jones of the 71st:
A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, relating to the regulation and construction of hospitals and other health care facilities, so as to provide for definitions; to provide for criminal record checks for employment applicants for nursing homes.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 246. By Representatives Bailey of the 93rd, Snow of the 2nd, Perry of the llth and others:
A bill to amend Part 4 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to the operation of funeral establish ments, so as to require that each casket and vault used for the burial of human remains shall have permanently affixed a tag of durable and noncorroding material permanently marked with the name, date of birth, date of death, and social security number of the decedent.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

The President has appointed as a Committee of Conference on the part of the Senate the following Senators:
Ray of the 19th, Walker of the 22nd and Hooks of the 14th.

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

FRIDAY, FEBRUARY 10, 1995

743

SB 81. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Article 1 of Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances in criminal cases in general, so as to provide limitations upon the granting of bail where there is probable cause to believe that a serious violent felony has been committed by a person previously convicted for a serious violent felony; to define terms; to state legislative findings.
Referred to the Committee on Judiciary.

SB 115. By Senators Oliver of the 42nd, Scott of the 36th and Thompson of the 33rd:
A bill to amend Code Section 19-13-32 of the Official Code of Georgia Anno tated, relating to membership of the State Commission on Family Violence, so as to change the entities represented by membership on the commission.
Referred to the Committee on Children and Youth.

SB 117. By Senators Ray of the 19th, Thompson of the 33rd, Brown of the 26th and others:
A bill to amend Code Section 15-6-77 of the Official Code of Georgia Anno tated, relating to fees of superior court clerks, so as to change the amount of fees charged in family violence cases; to provide that the fees so specified shall be inclusive of all amounts provided for in other laws, except for costs for service of process; to provide for other related matters; to provide for an effective date and applicability.
Referred to the Committee on Judiciary.

SB 120. By Senators Marable of the 52nd, Scott of the 36th, Oliver of the 42nd and others:
A bill to amend Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, so as to provide for the consideration of the safety of the child and of a parent who has been the victim of family violence in proceedings in which child custody or parental visitation is an issue if the court has made a finding of family violence.
Referred to the Committee on Judiciary.

SB 124. By Senators Farrow of the 54th, McGuire of the 30th, Land of the 16th and others:
A bill to amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, so as to provide that certain statements made by a child to another shall be admissi ble through the testimony of such other person under certain circumstances.
Referred to the Committee on Judiciary.

744

JOURNAL OF THE HOUSE,

SB 165. By Senators Cheeks of the 23rd, Thompson of the 33rd, Harbison of the 15th and others:
A bill to amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, so as to provide for legislative findings and intent; to revise and delete certain definitions; to revise provisions relative to the man agement of branch banks; to revise provisions relative to the establishment of branch banks within groups of counties whose outer boundary does not include any county of less than 100,000.
Referred to the Committee on Banks & Banking.
SB 192. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to change the dates for qualifying and for the general primary in 1996.
Referred to the Committee on Governmental Affairs.

SB 193. By Senators Thomas of the 10th and James of the 35th:
A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Anno tated, the "Georgia Election Code," so as to provide for procedures for quali fying for candidates seeking election to county offices in nonpartisan elections.
Referred to the Committee on Governmental Affairs.

SB 234. By Senators Farrow of the 54th, Oliver of the 42nd and Stokes of the 43rd:
A bill to amend Part 1 of Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to certain privileges and confidentiality regarding certain testimony and communications of witnesses generally, so as to provide that a husband and wife shall be competent and compellable to give evidence in certain criminal proceedings; to provide conditions regarding when such husband or wife shall be compellable to give evidence.
Referred to the Committee on Judiciary.

SB 253. By Senators Brown of the 26th, Ray of the 19th and Perdue of the 18th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices; so as to make it unlawful for any person other than a governmental agency to manufacture, sell or dis tribute an identification card using the words "State of Georgia" unless such identification card has printed thereon the word "nonofficial"; to provide penalties; to provide for the offense of fraudulent issuance of personal identi fication cards.
Referred to the Committee on State Planning & Community Affairs.

SB 254. By Senators Slotin of the 39th, Thomas of the 10th, Oliver of the 42nd and others:
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," as amended, so as to reduce the minimum acreage required for a residential zone within 1,000 feet of a MARTA station from 2.5 to one; to reduce the minimum acreage requirement from eight to five for a mixed-use commercial and residential zone.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, FEBRUARY 10, 1995

745

The following Resolutions of the House were read and adopted:

HR 306. By Representatives Smith of the 169th and Murphy of the 18th:
A resolution commending Hallie Ward Edwards on the occasion of her birth day.

HR 307. By Representatives Greene of the 158th, Skipper of the 137th, Bostick of the 165th, Williams of the 63rd, Mobley of the 69th and others:
A resolution encouraging the planting of wildflowers along Georgia's roads and highways.

HR 308. By Representatives Connell of the 115th, Williams of the 114th, Howard of the 118th, Hart of the 116th, DeLoach of the 119th and others:
A resolution commending Honorable Michael J. (Mike) Padgett.

HR 309. By Representative Johnson of the 84th:
A resolution commending Mrs. Harriette Glenn Hamrick on the occasion of her retirement.

HR 310. By Representatives McBee of the 88th and Scoggins of the 24th:
A resolution commending Leo Hamilton, DuPont, and others who assisted and participated in the "Carpet for Comfort" project.

HR 311. By Representative Whitaker of the 7th:
A resolution expressing sympathy at the passing of Mary Ann (Mollie) Dav enport.

HR 312. By Representative Smith of the 102nd:
A resolution commending Mr. and Mrs. Vamus Culpepper on the occasion of their 57th wedding anniversary.

HR 313. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th, Epps of the 131st, Hugley of the 133rd and others:
A resolution commemorating the 150th anniversary of the Anne Elizabeth Shepherd Home in Columbus, Georgia, and the services of its former direc tors and commending the board of directors of Twin Cedars Youth Services, Inc.

HR 314. By Representatives Chambless of the 163rd, Murphy of the 18th, Royal of the 164th, Roberts of the 162nd, White of the 161st and others:
A resolution commending Otis M. Burgess.

HR 315. By Representatives Teague of the 58th, McKinney of the 51st, Heard of the 89th, Hugley of the 133rd and Howard of the 118th:
A resolution recognizing African American entrepreneurs and celebrating "African American Business Enterprise Day".

746

JOURNAL OF THE HOUSE,

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

HB 475. By Representatives Henson of the 65th, Lawrence of the 64th, Baker of the 70th, Sherrill of the 62nd, Teper of the 61st and others:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Anno tated, relating to state parks, so as to provide that certain facilities, services, and charges for the use of facilities and services of certain projects of the Stone Mountain Memorial Association shall not be exempt from and shall be subject to certain taxes.

The following Committee substitute 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 shall not be exempt from and shall be subject to certain taxes; to provide for expenditure of certain proceeds; 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. Thia 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 associa tion, their transfer, and the income therefrom shall at all times be exempt from taxation from within the state.
(b)(l) 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, notwithstanding any provi sion to the contrary in paragraph (1) of subsection (a) of Code Section 48-13-51, and shall not be exempt from and shall be subject to any taxes on alcoholic beverages under Title 3j the 'Georgia Alcoholic Beverage Code,' to the extent that either or both such taxes are levied. (2) Notwithstanding any provision of paragraph (3) of subsection (a) of Code Section 48-13-51 to the contrary:
(A) The association shall retain and not remit to the county or municipality levying such tax, in each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51, an amount equal to the amount by which

FRIDAY, FEBRUARY 10, 1995

747

the total taxes collected under Code Section 48-13-51 exceed the taxes which would be collected at the rate of 3 percent; (B) The association shall expend the funds retained for the purposes of develop ment, promotion, and advertising of the project operated under the jurisdiction of the association from which the money was collected or for similar purposes of pro moting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the project is operated as long as said promotion or advertising prominently features the project operated under the jurisdiction of the association; and (C) The association shall submit a report to the governing authority of the county or municipality levying such tax for each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51 which report shall include the total funds retained by the association under this paragraph and the manner in which such funds were expended."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker
Y Bannister E Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove E Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush YBuck Y Buckner Y Bunn
Y Burkhalter YByrd
Y Campbell Y Canty Y Carter
Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell YCox Y Crawtord

Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix
Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin E Greene Y Grindley Y Banner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hurley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein YLadd N Lakly Y Lane
Y Lawrence YLee Y Lewis
Y Lifsey Y Lord
Lucas N Maddox
N Mann Y Martin Y McBee Y McCall Y McClinlun
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal Y Orrock

Y Parham
Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A
Purcell, B E Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat E Taylor Y Teague Y Teper Y Thomas
Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts N Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 141, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

748

JOURNAL OF THE HOUSE,

Representative Brush of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
Representative Davis of the 60th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.
HB 592. By Representatives Cummings of the 27th, Shanahan of the 10th and Baker of the 70th: A bill to amend Code Section 47-13-70 of the Official Code of Georgia Anno tated, relating to eligibility for retirement benefits under the District Attor neys' Retirement System, so as to clarify the amount of retirement benefits for certain members.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey
Baker Y Bannister E Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benef'ield
Birdsong Y Bordeaux Y Bostick Y Breedluve E Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell YCox Y Crawiord

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden
Goodwin E Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Husley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G
Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw
Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 50. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Code Section 48-7-31 of the Official Code of Georgia Anno tated, relating to the allocation and apportionment of corporate net income for state income tax purposes, so as to change the method of income appor tionment for certain corporations.

FRIDAY, FEBRUARY 10, 1995

749

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to the allocation and apportionment of corporate net income for state income tax purposes, so as to change the method of income apportionment and allocation for certain corporations; to provide for the use of other allocation and apportionment methods by the state revenue commissioner under certain conditions; to provide for a method of income apportionment for certain corporations which transport passengers or cargo in revenue flight; to provide for definitions; to provide for computation of income; to provide an effective date; to pro vide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to the allocation and apportionment of corporate net income for state income tax purposes, is amended by striking paragraph (3) of subsection (d) and inserting in its place new paragraphs (3) and (3.1) to read as follows:
"(3) Where Except as otherwise provided in paragraph (3.1) of this subsection, where the net business income is derived principally from business other than the manufac ture, production, or sale of tangible personal property or from the holding or sale of intangible property, the net business income of the corporation shall be equitably ftppor110n6d witfiin flftd outside tins stst/c IR tnc rstio trifl* tnc DUSIRGSS witnin tftis state beats te the total business the corporation; arrived at by application of the following three factor formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's prop erty; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensa tion and the denominator of which is the total compensation paid everywhere dur ing the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Pay ments made to an independent contractor or any other person not properly classi fied as an employee are excluded. Compensation is paid in this state i (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of opera tions or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or con trolled is not in any state in which some part of the service is performed but the employee's residence is in this state;

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(C) Gross receipts factor. The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. Gross receipts are in this state if the receipts are derived from customers within this state or if the receipts are otherwise attributable to this state's marketplace; (D) The property factor, payroll factor, and the gross receipts factor shall be sepa rately determined and an apportionment fraction shall be calculated using the fol lowing formula:
(i) The property factor shall represent 25 percent of the fraction; (ii) The payroll factor shall represent 25 percent of the fraction; and (iii) The gross receipts factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (E) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, with respect to all or any part of the taxpayer's business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income.
The denial of a petition under this paragraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12;
(3.1)(A) Except as otherwise provided in this paragraph, all terms used in this para graph shall have the same meaning as such terms are defined in 49 U.S.C. Section 1301 and the United States Department of Transportation's Uniform System of Accounts and Reports for Large Certificated Air Carriers, 14 C.F.R. Part 241, as now or hereafter amended.
(B) Where the net business income of the corporation is derived principally from transporting passengers or cargo in revenue flight, the portion of the net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following three factor for mula:
(i) Revenue air miles factor. The revenue air miles factor is a fraction, the numer ator of which shall be equal to the total, for each flight stage which originates or terminates in this state, of revenue passenger miles by aircraft type flown in this state and revenue cargo ton miles by aircraft type flown in this state and the denominator of which shall be equal to the total, for all flight stages flown every where, of total revenue passenger miles by aircraft type and total revenue cargo ton miles by aircraft type;
(ii) Tons handled factor. The tons handled factor is a fraction, the numerator of which shall be equal to the total of revenue passenger tons by aircraft type han dled in this state and revenue cargo tons by aircraft type handled in this state and the denominator of which shall be equal to the total of revenue passenger tons by aircraft type flown everywhere and revenue cargo tons by aircraft type flown everywhere. For purposes of this division, the term 'handled' means the product of 60 percent multiplied by the revenue passenger tons flown on each flight stage which originates in this state or 60 percent multiplied by the revenue cargo tons flown on each flight stage which originates in this state;
(iii) Originating revenue factor. The originating revenue factor is a fraction, the numerator of which shall be equal to the total of passenger and cargo revenue by aircraft type which is attributable to this state and the denominator of which shall be the total of passenger and cargo revenue by aircraft type everywhere. For purposes of this division, passenger or cargo revenue which is attributable to this

FRIDAY, FEBRUARY 10, 1995

751

state shall be equal to the product of passenger or cargo revenue everywhere by aircraft type multiplied by the ratio of revenue passenger miles or revenue cargo ton miles in this state to total revenue passenger miles everywhere or total reve nue cargo ton miles everywhere for each aircraft type as separately determined in division (i) of this subparagraph. If records of total passenger revenue everywhere by aircraft type or total cargo revenue everywhere by aircraft type are not main tained, then for purposes of this division, total passenger revenue everywhere for all aircraft types or total cargo revenue everywhere for all aircraft types shall be allocated to each aircraft type based on the ratio of total revenue passenger miles everywhere for that aircraft type to all aircraft types or total revenue cargo ton miles everywhere for that aircraft type to all aircraft types; (iv) The revenue air miles factor, the tons handled factor, and the originating rev enue factor shall be separately determined and an apportionment fraction shall be calculated using the following formula:
(I) The revenue air miles factor shall represent 25 percent of the fraction; (II) The tons handled factor shall represent 25 percent of the fraction; and (III) The originating revenue factor shall represent 50 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such average fraction;".
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister E Barfoot Y Bargeron
Y Barnard Y Barnes
Bates Y Benefield
Y Birdsong Y Bordeaux
Y Bostick Y Breedlove E Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B

Coleman, T
Y Connell YCox Y Crawford
Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin E Greene Y Grindley
Manner Y Harbin Y Harris
Hart Y Heard

Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston
Jones Y Joyce NKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas Y Maddox Y Mann

Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal

Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw
Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman

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Y Titus
Y Towery Y Trense
Turnquest

Twiggs
Y Walker, L Y Walker, R.L
Y Wall

Y Watson
Y Watts Y Westmorland
Y Whitaker

Y White
Y Wiles Y Williams, B
Y Williams, J

Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 153, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 219. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-7 of the Official Code of Georgia Anno tated, relating to provisions for payment of delinquency charges, attorneys' fees, court costs, and check dishonor fees under Article 1 of Chapter 1 of Title 10, "The Retail Installment and Home Solicitation Sales Act," so as to change the maximum delinquency charge which may be provided under a retail installment contract or revolving account.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 260. By Representatives Lane of the 146th, Kinnamon of the 4th, Orrock of the 56th, Perry of the llth and Lewis of the 14th:
A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Anno tated, known as the "Employment Security Law," so as to change the liabil ity of succeeding employers; to change the computation of contribution rates for such employers.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employment Security Law," so as to change a reference with respect to the creation and financing of State Employment Service; to change the liability of succeeding employers; to change the computation of contribution rates for such employers; to provide that for the purposes of calculating an employer's contribution rate, an account of an employer shall not be charged for benefits paid to an individual for unemployment that is directly caused by a presidentially declared natural disaster; to authorize employers to make voluntary payments in addition to the contributions required by law; to provide for the computation and crediting of such voluntary payments; to change the date of the automatic repeal of provisions applicable to administrative assessments; to provide conditions under which vol untary contributions may be used for the computation of reduced rates; to provide the time at which voluntary payments are included in the experience accounts; to change the provisions relating to determination of eligibility for unemployment benefits generally; to change the provisions relating to when an individual is not considered available for work; to require that certain individuals participate in reemployment services in order to be eli gible for unemployment benefits; to provide exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the "Employ ment Security Law," is amended by striking in its entirety subsection (a) of Code Section

FRIDAY, FEBRUARY 10, 1995

753

34-8-77, relating to the creation and financing of State Employment Service, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The State Employment Service is established as a program administered by the department. The Commissioner shall establish and maintain free public employment offices in such number and in such places as may be necessary for the proper adminis tration of this chapter and for the purposes of performing such duties as are within the purview of the federal Wagner-Peyser Act, 29 U.S.C. Section 49{e} 49, as amended. The Commissioner is authorized to cooperate with or enter into agreements with any official or agency of the United States having powers or duties under the federal Wagner-Peyser Act and to do and perform all things necessary to secure to this state the benefits of that act in the promotion and maintenance of a system of public employment offices. The provisions of the federal Wagner-Peyser Act are accepted by this state, in conform ity with Section 4 of that act, and this state will observe and comply with the require ments thereof. The Department of Labor is designated and constituted the agency of this state for the purposes of that act."
SECTION 2. Said chapter is further amended by striking in its entirety Code Section 34-8-153, relating to liability of succeeding employer, and inserting in lieu thereof a new Code Section 34-8-153 to read as follows:
"34-8-153.
(a) Any corporation, partnership, individual, or other legal entity who acquires by pur chase, merger, consolidation, or other means substantially all of the business or assets of any employer and who thereafter continues the acquired business shall be deemed to be a successor to the employer from whom the business was acquired. The successor shall acquire the experience rating record of the predecessor except as otherwise pro vided in this Code section. If the successor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall continue to be applicable to the successor; provided, however, if the existing rate of contributions of the predecessor exceeds the new employer rate as specified in Code Section 34-8-151, the successor shall be assigned a new employer rate of contributions; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations and the successor shall be otherwise treated as a new employer. Future rates wiH be determined by the combined experience ef- the predecessor ad successor as ef the appli cable computation date. (b) If the successor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by the combined experience of the predecessor and successor as of the applicable com putation date; provided, however, the experience of the predecessor shall not be com bined with that of the successor for purposes of rate calculation if the predecessor's rate of contributions immediately preceding the acquisition exceeded the rate already in effect for the successor; in such event, the experience of the predecessor shall not be considered for purposes of rate calculations. (c) Any employing unit which acquires by any means any clearly identifiable or separa ble portion of the business of an employer and is an employer at the time of the acquisi tion or becomes an employer within six months from the end of the quarter in which the acquisition is made may be deemed to be a partial successor to the employer from whom the portion of the business was acquired. A portion of the predecessor's experi ence rating records which are attributable to the portion of the business which was acquired may be transferred to the successor. Mutual consent of both parties must be given to effectuate the partial transfer. The Commissioner shall prescribe by regulation the time frame for notification to the department of partial acquisitions and the method by which the portion of the experience rating record to be transferred will be deter mined.

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(d) If the conditions of subsection (c) of this Code section are met and the partial suc cessor is not already an employer at the time of the acquisition, the rate of contributions applicable to the predecessor shall be applicable to the successor. Future rates will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computa tion date. (e) If the conditions of subsection (c) of this Code section are met and the partial suc cessor is already an employer at the time of the acquisition, the rate of contributions applicable to the successor shall continue until the end of the quarter in which the acquisition occurred. The rate of contributions applicable to the successor beginning on the first day of the quarter following the acquisition will be determined by combining the transferred portion of the predecessor's experience rating record with the successor's own experience rating record as of the applicable computation date. (f) Nothing in this Code section shall be construed to affect liens which are created pur suant to Code Section 34-8-167."
SECTION 3. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (b) of Code Section 34-8-157, relating to provision that regular benefits paid to be charged against experience rating account, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2)(A) Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year. (B) In the event the provisions of subparagraph (A) of this paragraph are deter mined by the United States secretary of labor or by a court of competent jurisdic tion at a subsequent level of appeal, such appeal to be taken at the sole discretion of the Commissioner, to be out of conformity with federal law, the provisions of subparagraph (A) of this paragraph shall be considered null and void and the provi sions of this subparagraph shall control. Benefits charged to the account of an employer shall not exceed the amount of wages paid by such employer during the period beginning with the base period of the individual's claim and continuing through the individual's benefit year; provided, however, the portion of such charges for benefits paid which exceed the amount of wages paid by such employer shall be charged against the experience rating account of all base period employers in the manner provided in subsection (a) of this Code section. (C) Benefits shall not be charged to the account of an employer when an individual's overpayment is waived pursuant to Code Section 34-8-254. (D) Notwithstanding any other provision of this subsection to the contrary, for the purposes of calculating an employer's contribution rate, an account of an employer shall not be charged for benefits paid to an individual for unemployment that is directly caused by a presidentially declared natural disaster;".
SECTION 4. Said chapter is further amended by adding at the end of Article 5, relating to contribu tions and payments in lieu of contributions, a new Code Section 34-8-178 to read as fol lows:
"34-8-178.
Any employer may make voluntary payments in addition to the contributions required under this chapter, and the same shall be credited to the employer's experience account; provided, however, that such voluntary contributions shall not be used in the computa tion of reduced rates unless such contributions are paid within 30 days following the date upon which the Commissioner mails notice that such payments may be made with respect to a calendar year. Such voluntary payments when accepted from an employer will not be refunded in whole or in part."

FRIDAY, FEBRUARY 10, 1995

755

SECTION 5. Said chapter is further amended by striking in its entirety Code Section 34-8-185, relating to the automatic repeal of provisions applicable to administrative assessments, and insert ing in lieu thereof a new Code Section 34-8-185 to read as follows:
"34-8-185.
This article shall stand repealed in its entirety on June 30, W% 2001."
SECTION 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 34-8-195, relating to the determination of eligibility for unemployment benefits generally, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An unemployed individual shall be eligible to receive benefits for any week only if such unemployed individual shows to the satisfaction of the Commissioner that each of the following conditions has been met:
(1) The individual has made a claim, has been unemployed or employed less than full time during the regular work week, and has reported his or her deductible earnings in accordance with Code Section 34-8-190; (2) The individual has registered for work and has continued to report to an employ ment office as required by regulations prescribed by the Commissioner. The Commis sioner may, by regulation, waive or alter either or both of the requirements of this paragraph for cases or situations in which the Commissioner finds that compliance with the requirements would be oppressive or inconsistent with the purposes of this chapter;
(3)(A) The individual is able to work, is available for work, is actively seeking work, and is bona fide in the labor market; provided, however, that no individual shall be considered available for work or receive benefits for any period that:
(i) The individual is away from work on vacation or leave of absence at the individual's own request; (ii) The individual is away from work for a vacation period as provided in an employment contract or collective bargaining agreement; or (iii) The individual is away from work for a vacation period in the absence of an employment contract or collective bargaining agreement and such vacation period is either pursuant to:
(I) An established employer custom, practice, or policy as evidenced by the pre vious year or years; or (II) A vacation policy and practice established by the employer by an announcement, made at least 96 30 days before the beginning of the scheduled period, of a paid vacation plan applicable to the employees who meet the eligi bility requirements of the plan. (B) In no event shall an employee be held unavailable for work or ineligible for benefits under divisions (ii) and (iii) of subparagraph (A) of this paragraph for any period of more than two weeks in any calendar year when such employee is not paid for such period directly or indirectly by the employer or from a fund to which the employer contributes. The usual eligibility requirements shall apply to individuals laid off due to lack of work or for a purported vacation not meeting the conditions set forth in subparagraph (A) of this paragraph; (4) The individual has participated in reemployment services, such as job search assistance services, if the individual was determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the Commissioner unless the Commissioner determines that: (A) Such individual has completed such reemployment services; or (B) There is justifiable cause for such individual's failure to participate in such reemployment services; {4}{5] The individual is willing to work under the same general terms and conditions as existed since the beginning of the base period; and (&X6) The individual has been paid sufficient wages for insured work to qualify for a weekly benefit amount as provided in Code Section 34-8-193."

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JOURNAL OF THE HOUSE,

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 234. By Representative Mobley of the 86th:
A resolution authorizing the leasing of certain 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 105, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 594. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Ray of the 128th, 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 state symbols, so as to designate Georgia as the Poultry Capital of the World.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 454. By Representatives Childers of the 13th, Skipper of the 137th, Perry of the llth, Henson of the 65th and Smith of the 12th:
A bill to amend Chapter 14 of Title 31 of the Official Code of Georgia Anno tated, relating to hospitalization for tuberculosis, so as to change the provi sions regarding petitions for commitment; to change the provisions regarding hearings on the petition and provide for rights and costs of counsel.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 103. By Senators Turner of the 8th, Starr of the 44th, Hooks of the 14th, Dean of the 31st, Clay of the 37th and others:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, relating to financial institutions, so as to clarify the intention of the General Assembly; to define and redefine certain terms; to change the restrictions relative to the commissioner, deputy commissioners, and examin ers; to provide that fees collected by the department shall be deposited with the Office of Treasury and Fiscal Services.

FRIDAY, FEBRUARY 10, 1995

757

The report 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 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 report of the Committee of Conference thereon:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Baker of the 70th, Bordeaux of the 151st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 201

The Committee of Conference on HB 201 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 201 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

1st Terry L. Coleman Representative, 142nd District

/s/ Charles W. Walker Senator, 22nd District

/a/ Larry Walker Representative, 141st District

/s/ Walter S. Ray Senator, 19th District

/s/ Thomas B. Buck, III Representative, 135th District

A BILL
To amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", approved April 18, 1994 (Ga. L. 1994, p. 1506), so as to change certain appropriations for the State Fiscal Year 1994-1995; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1.
An Act providing appropriations for the State Fiscal Year 1994-1995, as amended, known as the "General Appropriations Act" approved April 18, 1994 (Ga. L. 1994, p. 1506), is further amended by striking everything following the enacting clause through Sec tion 87, and by substituting in lieu thereof the following:
"That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1994, and ending June 30, 1995, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, including surplus, reserves and a revenue estimate of $9,492,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1995.

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JOURNAL OF THE HOUSE,

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............................

Senate Functional Budgets

Total 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

House Functional Budgets

$24,203.650 12,380,319 3,809,504 2,779,448
104,500 7,000 0
267,500 488,000
5,000 656,000 113,970
2,389,609 70,000
1.132,800 24,203,650 24,203,650

State Funds

$

3,559,136

$

707,675

$

1,172,625

$

5,439,436

House of Representatives and Research Office
Speaker of the House's Office Clerk of the House's Office Total

Total Funds

$

9,264,912

$

517,887

$

1,371,270

$

11,154,069

State Funds
9,264,912 517,887
1,371.270 11,154,069

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,466,165

2,140,263

1,029,240

1,974,477

7,610,145

2,466,165 2,140,263 1,029,240 1,974.477 7,610,145

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 Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the

FRIDAY, FEBRUARY 10, 1995

759

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

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................!
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

17,463,512 14,245,693
428,820 560,650 105,102 143,980 852,070 34,000 958,197 135,000 17,463,512 17,463,512

PART II.

JUDICIAL BRANCH

Section 3. Supreme Court. Budget Unit: Supreme Court...............................................................!
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

5,433,395 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

760

JOURNAL OF THE HOUSE,

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.

49,854.885 48,643,442
1,969,089 168,158 135,417
1,242,858 52,158,964 49,854,885
1,023,530
652,490 513,260
139,230 652,490 652,490
1,624,442 1,084,686
76,500 70,756
26,700
20,000
12,000
33,800 300,000 1,624,442 1,624,442
1,244,331 588,985 655,346
1,244,331 1,244,331

FRIDAY, FEBRUARY 10, 1995

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...............................................................
Departmental Functional Budgets

Total 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 Office of State Administrative
Hearings Total

$

I,437,648

$

2,871,076

$

II,025,460

$

493,362

$

2,856,088

$

534,080

$

17,435,092

$

54,242,035

$

4,113,230

$

73,737,518

$

7,007,090

$

2,164,629

$

1,265,067

$

2,629,572

$

470,332

$

0

$

822,470

$

130,000

$ 183,234,749

B. Budget Unit: Georgia Building Authority. Personal Services........................................... Regular Operating Expenses ....................... Travel.............................................................. Motor Vehicle Purchases.............................
Equipment......................................................

761
36,270.264 43,824,810 21,235,865
280,959 174,200 1,977,376 17,163,683 2,974,021 I,418,982 4,287,065 II,305,000 46,500 2,750,000
500,000
300,000 52,950,576
760,712 21,000,000
250,000 35.000 183,234,749 36,270,264
State Funds
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
130,000 36,270,264
0 19,181,264 5,476,388
34,984 532,365 387,088

762

JOURNAL OF THE HOUSE,

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.......................

Departmental Functional Budgets

Total Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,397,971

$

5,756,661

$

4,318,271

$

5,842,143

$

383,665

$

4,212,947

$

11,899,822

$

1,515,973

$

0

$

35,327,453

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

181,873 19,872 215,974 365,312 78,819 8,555,906 297,608
0 35,327,453
0
State Funds
36,207,493 31,274,092 4,153,363
896,000 446,460 391,082 359,078 791,341 402,901 957,050 860,000 2,515,782

FRIDAY, FEBRUARY 10, 1995

763

in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe........................................................ 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..........................................

2,130,411 412,000 127,000 175,000
623,860 250,000
700,000 0
40,000 0
47,505,420 36,207,493

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

7,609,766 14,835,472 7,150,118 6,298,455 3,055,849 7,833,350
722,410 47,505,420

6,828,766 11,955,967 3,475,053 6,051,855 2,930,849 4,965,003
0 36,207,493

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....................................................................!

0 839,425 180,834
7,514 12,500 8,155 10,500
0 7,420 9,008 75,000 107,400 1,257,756
0

Section 15. Department of Banking and Finance. Budget Unit: Department of Banking and Finance.........................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel........................................................................................-.......! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................!

8,614.966 6,982,155
384,985 392,080 104,080 26,730 341,668 302,436 70,832
10,000

764

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................^ State Funds Budgeted....................................................................^

8,614,966 8,614,966

Section 16. Department of Children and Youth Services. Budget Unit: Department of Children and Youth
Services.....................................................................! Personal Services.............................................................................3 Regular Operating Expenses .........................................................3 Travel ................................................................................................5 Motor Vehicle Purchases...............................................................3 Equipment........................................................................................3 Computer Charges...........................................................................? Real Estate Rentals ........................................................................5 Telecommunications.......................................................................!! Per Diem, Fees and Contracts......................................................3 Utilities.............................................................................................? Institutional Repairs and Maintenance.......................................S Grants to County-Owned Detention Centers .............................S Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................i Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

106,262,311 67,666,164 5,141,198
842,638 234,700 375,195 294,300 1,535,689 773,264 3,645,853 2,144,400 547,600 3,391,400 16,549,608 6,937,169 28,000 110,107,178 106,262,311

Departmental 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

23,906,913 11,244,103 8,743,519 5,002,303 5,033,614 14,811,181 2,323,798
414,977 932,651 25,155,585
980,826 604,159 7,179,903 3,773,646 110,107,178

23,107,413 10,804,509 8,222,255 4,779,805
4,787,833
14,664,377 2,323,798
414,977 932,651 24,355,585
980,826 604,159 7,179,903 3.104,220 106,262,311

Section 17. Department of Community Affairs. Budget Unit: Department of Community Affairs ..........
Personal Services................................ ............................ Regular Operating Expenses ........................................
Motor Vehicle Purchases ...............................................................$ Equipment........................... .............................................................$ Computer Charges............ ...............................................................$ Real Estate Rentals ........................................................................S Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! ARC Revolving Loan Fund ...........................................................$ Contracts with Regional

37,267,402 7,571,713
514,983 227,307 12,000
14,476 189,980 549,166 51,309 2,898,783 105,923

FRIDAY, FEBRUARY 10, 1995

765

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.....................................................................! Business Flood Disaster Recovery Program ...............................$ EZ/EC Administration...................................................................! Capital Felony Expenses................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

2,272,825 4,282,890
94,731
50,536,586 580,883 287,480 100,000 750,000
4,625,000
10,839,967
35,496,473
838,767
750,000
180,000 4,000,000
120,000 41,233 127,932,475 37,267,402

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

$

70,698,259

$

4,060,162

$

53,174,054

$ 127,932,475

32,304,787
3,538,930
1,423,685 37,267,402

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................................................ Utilities............................................................ Court Costs...................................................... County Subsidy.............................................. County Subsidy for Jails............................... County Workcamp Construction Grants.... Central Repair Fund...................................... Payments to Central State
Hospital for Meals......................................

645,362,073
449,778,437
62,560,607 2,110,975 3,114,564 4,169,710 5,012,000 5,681,082 5,822,295 6,377,814
0 20,547,180 1,500,000 13,928,400 7,425,378
0 886,000
3,985,806

766

JOURNAL OF THE HOUSE,

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 - College of
Veterinary Medicine Contracts........ Minor Construction Fund ..................... Total Funds Budgeted........................... Indirect DOAS Funding ........................ Georgia Correctional Industries ........... State Funds Budgeted...........................

1,340,100 459,900
1,400,000 54,967,153
60,400
352,357 0
651,480,158 450,000 0
645,362,073

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

?

69,782,574

$ 474,829,030

$ 106,868,554

$ 651,480,158

$

68,031,464

$ 473,729,471

$ 103,601,138

$ 645,362,073

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

38,857,656 31,597,996 . 1,281,630
648,400 273,500 167,500 428,130 2,715,000 838,000 252,500 650,000
5,000 38,857,656 38,857,656

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........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

5,068,471 7,478,958 5,009,530
24,100 0
24,500 12,900 10,000 323,245 563,400
0 13,466,633 5,068,471

Departmental Functional Budgets

Total Funds

State Funds

Office of the Adjutant General Georgia Air National Guard

2,342,098 4,604,969

2,217,821 533,129

FRIDAY, FEBRUARY 10, 1995

Georgia Army National Guard Total

6,499,566 13,446,633

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 Low-Income
Families.........................................................................................! Retirement (H.B. 272 and H.B. 1321) .........................................$ Instructional Services for the Handicapped ...............................$ Tuition for the Multi-Handicapped.............................................$ Severely Emotionally Disturbed...................................................! School Lunch (Federal)..................................................................$ School Lunch (State)......................................................................! Supervision and Assessment of Students and
Beginning Teachers and Performance-Based Certification..................................................................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System............................................! High School Program .....................................................................$ Special Education in State Institutions.......................................!

767
2,317.521 5,068,471
3,507,612.104
39,154,117 4,745,586 1,201,316
138,000 370,756 12,394,935 1,495,141 1,286,462 26,397,802 895,752 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 89,791,383 615,158,563 129,809,130 (635,201,965) 71,434,084 116,088,958
149,778,370 3,609,604 20,872,296 57,066,117 64,049,932 416,000
198,714,081 4,950,000 51,519,023 1,841,080 37,229,829
165,074,766 24,658,747
1,500,000 7,001,200 3,300,462 25,655,564 4,265,569

768

JOURNAL OF THE HOUSE,

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

2,972,200 6,448,277
293,213 1,422,160 10,760,927 5,151,409
934,522 4,039,395 37,880,233 10,019,305
17,093,803 540,250
2,349,999 500,000
8,601,007 12,505,800 4,691,270
312,864 4,806,083
513,000
99,047,892 14,602,242 1,250,000
169,893 1,771,560
356,000 2,575,000 2,000,000 1,876,182 7,250,000 1,130,820
100,000 1,048,000 4,052,716,178
340,000 3,507,612,104

Departmental 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

14,096,468 25,840,170 1,196,467 23,194,362 6,444,528
837,039 3,964,961,311
4,772,121 6,533,109 4,840,603 4,052,716,178

13,568,000 20,965,921 1,105,305 18,558,569 2,995,189
837,039 3,434,360,237
4,537,530 6,319,884
4,364,430
3,507,612,104

B. Budget Unit: Lottery for Education..............................................? Pre-Kindergarten for 4-year-olds .................................................? Applied Technology Labs..............................................................? Next Generation Schools...............................................................?

233,670,773 78,215,000 13,600,000
500,000

FRIDAY, FEBRUARY 10, 1995

Drug and Anti-Violence Education...................... Alternative Programs.............................................. Educational Technology Centers .......................... Distant Learning - Satellite Dishes...................... Model Technology Schools.................................... Instructional Technology....................................... Capital Outlay - Lottery........................................ Technology Installation.......................................... Postsecondary Options........................................... Safe Schools Grant.................................................. 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 ........................................................ Total Funds Budgeted........................................... State Funds Budgeted...........................................

Departmental Functional Budgets

Total Funds

Reforestation Field Services General Administration and Support Total

1,939,405 33,714,258
4,050,416 39,704,079

Section 23. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...........

769
1,000,000 8,500,000
900,000 4,221,839 10,500,000 31,238,000 61,405,934 18,990,000
600,000 4,000,000 233,670,773 233,670,773
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
34,884,307
29,005,181 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 39,704,079 34,884,307

State Funds

$

112,110

$

30,889,936

$

3,882,261

$

34,884,307

42,525,824

770

JOURNAL OF THE HOUSE,

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

31,473,300 2,883,971
701,306 1,051,110
909,723 1,542,393 1,901,552
774,816 748,250 539,403
0 42,525,824 42,525,824

Departmental Functional Budgets

Administration Drug Enforcement Investigative Georgia Crime Information Center Forensic Sciences Total

Total Funds

$

3,372,654

$

9,952,847

$

13,636,759

$

6,899,244

$

8,664,320

$

42,525,824

State Funds

!

3,372,654

$

9,952,847

$

13,636,759

6,899,244

8.664.320

42,525,824

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.....................................................! 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................................................................$ Flood - Federal Match ...................................................................$ Flood - Contingency........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

74,358,127 14,362,550
774,478 282,444
0 277,596 628,207 1,001,739 332,361 4,061,643 3,309,094 40,000 4,593,000 165,000 3,007,357 359,004 60,000
0 290,975 1,112,317 100,000 684,400 1,044,200
0 60,000 37,895,000 7,000,000 81,441,365 74,358,127

Departmental Functional Budgets

Total Funds

State Funds

Governor's Office

!

53,002,094

$

53,002,094

FRIDAY, FEBRUARY 10, 1995

771

Office of Fair Employment Practices
Office of Planning and Budget Council for the Arts Office of Consumer Affairs 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

933,483 6,743,286 4,244,865 2,533,565
352,830
558,546
1,548,110
1,802,768 306,827
3,741,288
5,444,555
229,148 81,441,365

795,474 6,743,286 3,462,865 2,533,565
85,404
558,546
399,959
513,268 306,827 3,741,288
1,986,403
229,148 74,358,127

B. Budget Unit: Lottery for Education..............................................$ Technology Grants..........................................................................$ Total Funds Budgeted....................................................................$ Lottery Funds Budgeted................................................................$

2,000,000 2,000,000 2,000,000
2,000,000

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........................................................! Purchase of Service Contracts ......................................................$ Institutional Repairs and Maintenance.......................................$ Postage ..............................................................................................$ Payments to DMA-Community Care...........................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding.................................................! State Funds Budgeted....................................................................!

657,009.864
58,227,613 2,028,224 1,335,946 1,554,768
162,642 4,961,394 1,055,879 1,383,234
653,236
244,000
36,680,558 35,021,311
67,500 961,336 13,913,085 158,250,726 412,600 96,637,424

Departmental 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

973,240 2,094,214 36,680,558 27,921,053 5,606,386 2,012,276

!

973,240

$

2,094,214

$

25,131,709

!

26,343,846

$

4,485,460

!

2,012,276

772

JOURNAL OF THE HOUSE,

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

868,680 2,859,304 9,232,991 6,080,909 5,638,547 1,805,459 1,719,924
0 516,081 52,552,209 1,688,895 158,250,726

2. Public Health Budget: Personal Services........................................................................ Regular Operating Expenses.................................................... Travel........................................................................................... Motor Vehicle Purchases.......................................................... Equipment................................................................................... Real Estate Rentals................................................................... Per Diem, Fees and Contracts................................................. Computer Charges...................................................................... Telecommunications.................................................................. Crippled Children's Benefits.................................................... Kidney Disease Benefits........................................................... Cancer Control Benefits............................................................ Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants................................... Family Planning Benefits......................................................... Crippled Children's Clinics....................................................... Special Purpose Contracts........................................................ Purchase of Service Contracts ................................................. Grant-In-Aid to Counties.......................................................... Institutional Repairs and Maintenance.................................. Postage......................................................................................... Grants for Regional Maternal and Infant Care...................................................................... Total Funds Budgeted............................................................... Indirect DOAS Services Funding ............................................ State Funds Budgeted...............................................................

Departmental 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

11,778,753 1,215,549 1,384,187
2,093,863 4,153,698
5,298,173 2,725,256 8,798,317 78,171,909 55,093,982 13,394,935 2,863,683

858,680 2,859,304 2,558,166 2,275,651 5,438,547 1,805,459 1,719,924 (8,030,399)
516,081 23,986,371 1,608,895 96,637,424
54,005,810 74,953,069
957,489 0
198,517 1,226,139 5,003,051 1,046,759
747,866
8,131,654 308,000
3,340,000
0 653,222
0 672,246 11,800,246 96,898,979 34,500 139,801
821,135 260,938,483
549,718 138,242,242

State Funds

$

11,649,078

$

970,020

$

1,174,012

$

1,563,863

$

3,757,396

$

5,186,173

$

326,612

$

4,481,255

$

0

$

54,237,982

$

6,734,211

$

1,807,135

FRIDAY, FEBRUARY 10, 1995

773

Primary Health Care Epidemiology Immunization Community Tuberculosis Control Maternal and Child Health
Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division Indirect
Cost Total

1,716,889 539,785 958,300
6,512,513
1,071,457 1,397,111 1,958,714
978,633 515,002 4,264,369 855,244 303,499 1,879,236 1,833,430 I,213,030 979,000 5,355,679 3,955,146 465,163 7,945,713 11,462,507 3,220,025 3,051,019 172,330 II,362,384
0 260,938,483

1,588,858 400,650 0
5,257,908
741,805 561,596 847,523 978,633 515,002 4,264,369 658,019 303,499 1,745,635 1,609,737 990,212 802,907 5,235,679 1,504,262 285,714 4,131,724 1,474,809 2,485,942 1,990,259 155,178 9,360,303
(1,535,718) 138,242,242

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

68,784,363 11,108,532 1,128,735
63,700 528,325 4,176,935 7,661,196 2,769,298 1,541,468 24,908,151 27,675 692,387 9,359,186 208,554 912,445 753,068 134,624,018 100,000 22,407,349

Departmental Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Sheltered Employment Community Facilities

!

45,453,275

!

863,713

!

1,709,209

!

8,208,236

!

9,104,662

$

581,518

$

793,009

!

3,234,533

774

JOURNAL OF THE HOUSE,

State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

$

6,473,709

$

789,944

$

4,007,700

$

701,682

$

32,188,837

$

12,120,947

$

22,106,766

$ 134,624,018

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 Grants ................. 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...............................

Departmental 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

511,332 4,118,470 6,541,924 3,745,413 11,611,153 1,098,176 2,029,320 36,125,128 51,072,649 428,846,561
100 2,799,421 11,613,174
105,907,520
89,656,998 3,053,351
7,688,443
60,219,348
12,165,790

$

1,359,940

$

0

$

1,268,731

$

701,682

$

0

$

861,387

$

4,501,887

$

22,407,349

42,360,429 3,904,938 1,061,201
0 346,677 2,621,550 23,632,027 26,885,420 4,068,732
0 2,051,001 442,405,256 4,372,441 177,382,281 14,920,085 3,844,413 275,638,099 1,025,494,549 2,565,582 399,722,849

State Funds

$

511,332

$

3,740,286

$

5,355,639

$

3,745,413

$

858,784

$

1,098,176

$

1,847,863

$

17,676,179

$

2,615,249

$ 161,718,038

$

100

$

0

$

0

$

53,010,761

$

31,779,142

$

0

$

2,257,516

$

28,490,604

$

4,589,157

FRIDAY, FEBRUARY 10, 1995

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 Children's Trust Fund Indirect Cost Total

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 1,620,548
0 2,051,000
0 1,025,494,549

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 Grants ......................................................$ 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...............................................................................!

775
10,841,651 1,762,504 21,898,980 6,725,777 1,920,404 7,256,644 6,008,762 27,236,623
152,058 1,595,766
0 2,051,000 (7,021,559) 399,722,849
223,378,215 91,994,763 4,483,371
1,618,468 1,236,161 12,986,018 37,352,153 32,084,711 7,011,302 8,131,654
308,000 3,340,000
0 653,222 24,908,151 27,675
0 0 2,051,000 442,405,256 5,981,074 214,062,839 71,100,828 96,898,979 310,554 912,445 5,698,618 13,913,085
821,135 275,638,099
464,567,885 353,567,604 39,300,452
436,784 698,750 1,942,924 4,777,567 194,442

776

JOURNAL OF THE HOUSE,

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......................................

Departmental Functional Budgets

Total 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

39,261,457 31,793,407 26,639,577
21,496,647
26,605,027
28,239,953 142,045,419
19,741,102
50,146,809
18,833,808 3,699,108
1,964,169
1,357,393
73,517,501 30,000,186
806,641 540,887 48,998,859
72,283,341 444,351
1,541,706 294,701 356,684
6,220,726
13,236,299
95,472

..$

2,564,664

..$

9,355,919

..$

12,051,683

..$

1,789,045

..$

48,998,859

..$

94,642,634

..$

30,356,870

..$

72,283,341

..$

294,118

..$

673,255,656

..$

2,404,100

..$

464,567,885

State Funds

$

24,833,624

$

13,217,220

$

24,416,805

$

19,832,725

$

19,252,268

$

22,937,498

$

85,447,538

$

18,451,145

$

22,701,191

$

16,075,532

$

2,799,990

$

1,852,880

$

1,332,395

$

37,228,243

$

26,558,233

$

806,641

$

540,887

$

26,325,371

$

68,260,321

$

444,351

$

1,346,206

$

294,701

$

356,684

$

6,220,726

$

13,728,048

95,472

FRIDAY, FEBRUARY 10, 1995

777

MH/MR/SA Administration Regional Boards Total

10,131,870 2,962,556 673,255,656

6,248,634 2,962.556 464,567,885

Section 26. Department of Industry, Trade and
Tourism. Budget Unit: Department of Industry, Trade and
Tourism ....................................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Local Welcome Center Contracts.................................................! 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....................................................................!

19,776.102 8,346,275 1,475,818
335,000 32,000
60,883
152,440 947,130 246,000 704,178 171,600 6,899,578 1,450,000 50,000 50,000
0 0 20,920,902 19,776,102

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

10,981,880 4,259,672
960,298 4,719,052 20,920,902

!

10,152,080

!

4,154,672

!

960,298

!

4,509,052

!

19,776,102

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....................................................................!

15,103,910 13,224,345
713,762 401,560 84,000 55,750 523,256 806,814 251,433 202,990
0 16,263,910 15,103,910

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile

4,775,813 6,357,991
435,688

!

4,775,813

!

6,357,991

$

435,688

778

JOURNAL OF THE HOUSE,

Home Regulations Total

4,694,418 16,263,910

3,534,418 15,103,910

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..........................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7.176,250 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

Departmental 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...............................................................................!

1.104.335.102 13,726,336 4,454,835 188,400 0 74,644 22,787,558 885,000 425,000 66,926,024
3,092,382,832 772,500

FRIDAY, FEBRUARY 10, 1995

SFY 1994 Medicaid Benefits, Penalties and Disallowances.
Total Funds Budgeted............... State Funds Budgeted...............

Departmental Functional Budgets

Total 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

60,515,270
3,072,360,911 1,347,171
28,383,447 2,347,775 5,404,741
872,783
4,473,502 4,851,441 2,044,167 3,182,601,208

B. Budget Unit: Indigent Trust Fund.............. Per Diem, Fees and Contracts.................... Benefits........................................................... Total Funds Budgeted.................................. State Funds Budgeted..................................

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 Budgeted..................................

Departmental Functional Budgets

Total Funds

Commissioner's Office Applicant Services Classification and Compensation Flexible Benefits Employee Training
and Development Health Insurance Administration

2,661,950 2,364,459 1,362,143 1,241,437
1,552,628 34,960,454

779

(20,021,921) 3,182,601,208 1,104,335,102

State Funds

$

2,356,104

$ 1,084,382,283

$

516,503

$

7,489,101

$

1,001,508

$

2,702,370

$

332,213

$

2,192,758

$

2,425,720

$

936,542

$ 1,104,335,102

139,287,133 7,557,900
358,962,316 366,520,216 139,287,133

0 8,255,874 2,080,135
88,440 54,895 917,345 136,505,130 3,472,999 265,357 838,823,000 990,463,175 114,920 11,070,818 979,129,240 148,197
0
State Funds

780

JOURNAL OF THE HOUSE,

Health Insurance Claims Internal Administration Total

943,205,397 3,114,707
990,463,175

Section 32. Department of Natural Resources. A. Budget Unit: Department of Natural Resources.........................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications .......................................................................$ Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................$ Cost of Material for Resale ...........................................................I 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: Paralympic Games.............,............................................................! 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 Resources..................................! U.S. Geological Survey
for Topographic Mapping ..........................................................$ National War Museum...................................................................! Hazardous Waste Trust Fund.......................................................$ Solid Waste Trust Fund ................................................................$ Payments to Civil War Commission............................................! 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

0 0 0
84,231.405 68,818,165 13,508,732
513,202 2,016,107 2,278,431 2,392,552 2,736,263 1,002,678 1,146,940
130,000 150,000 2,590,000
1,077,719 2,373,611
225,000 800,000 350,000 1,300,000 35,000
0
500,000
800,000 135,000 1,000,000
400,000 106,513
170,047 80,000 187,259
300,000
0 250,000 8,918,534 5,363,868 31,000
2,354,025 100,000 7,000
124,147,646
887,210
3,804,148

FRIDAY, FEBRUARY 10, 1995

781

Islands Development Authority. Receipts from North Georgia
Mountain Authority ..................... Indirect DOAS Funding.................. State Funds Budgeted.....................

3,362,900
1,415,630 200,000
84,231,405

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Program Support Historic Preservation Parks, Recreation and
Historic Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

4,024,300
2,516,164 1,861,209
38,328,779 2,395,525 34,070,527 39,752,075 1,199,067 124,147,646

4,024,300 2,516,164 1,371,209
13,465,950 2,279,275 29,460,224 30,157,069
957,214 84,231,405

B. Budget Unit: Georgia Agricultural Exposition Authority ..................................................................$
Personal Services.............................. ...............................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ........... Equipment.................................... Computer Charges....... ............... Real Estate Rentals ................... Telecommunications. ................. Per Diem, Fees and Contracts. Capital Outlay............................ Total Funds Budgeted............... State Funds Budgeted...............

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

Departmental Functional Budgets

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......................

95,670,610
57,572,584
7,432,438
137,617 3,731,450
746,325 4,047,061 1,610,356
600,000 437,400
155,000 25.000 76,495,231 1,650,000

782

JOURNAL OF THE HOUSE,

State Funds Budgeted............ 2. Driver Services Budget:
Personal Services.... ................. Regular Operating Expenses .
Motor Vehicle Purchases ...............................................................$ Equipment...... ..................................................................................$ Computer Charges......... ..................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts. .....................................................$ Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ State Patrol Posts Repairs
and Maintenance..... ....................................................................$ Driver License Processing.. ............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................! State Funds Budgeted....................................................................!

74,845,231
16,443,143 1,840,988
25,800 0
173,500 45,000 61,058 619,000 189,140
0 290,000
90,000 1,047,750 20,825,379
0 20,825,379

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

22,516,536 20,825,379 53,978,695 97,320,610

21,016,536 20,825,379 53,828,695 95,670,610

B. Budget Unit: Units Attached for Administrative Purposes Only.........................................................!
1. Attached Units Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals........................................................................! Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
2. Office of Highway Safety Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

14,067.745
7,203,140 2,586,935
87,970 68,500 198,860 235,708 102,114 144,490 646,987 3,580,523
0 14,855,227 13,760,227
429,531 28,450 9,828
0 3,168 37,080 78,161 3,800 7,500 2,760,000 3,357,518 307,518

FRIDAY, FEBRUARY 10, 1995

783

Departmental 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

$

5,561,459

$

1,057,938

$

1,158,915

$

466,052

$

6,610,863

$

18,212,745

$

307,518

$

5,561,459

$

992,938

$

1,058,915

$

466,052

$

5,680,863

$

14,067,745

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

8,382,229 6,773,916
421,285 256,756 216,200 36,174 408,660 305,489 126,754 1,688,000 10,233,234 8,382,229

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

$

1,736,672

?

3,503,951

?

4,992,611

?

10,233,234

?

1,736,672

?

1,828,826

$

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 .............................................................? Office of Minority Business Enterprise.......................................? Special Desegregation Programs...................................................? Forestry Research............................................................................?

994,892,042
1,062,833,065 140,000,000
255,884,706 150,000,000 10,688,094
319,526 349,130 338,382

784

JOURNAL OF THE HOUSE,

Research Consortium................................................................. Capital Outlay ............................................................................ Total Funds Budgeted............................................................... Departmental Income................................................................ Sponsored Income...................................................................... Other Funds................................................................................ Indirect DOAS Services Funding ............................................ State Funds Budgeted...............................................................

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...............................................................

Regents Central Office and Other Organized Activities

Total Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Education Extension Services Agricultural Experiment Station Cooperative Extension Service

$

1,812,259

$

3,791,776

$

1,317,167

$ 127,199,259

$

8,463,549

$

52,464,759

$

45,099,061

4,347,000
582,090 1,625,341,993
40,000,000 290,000,000 297,422,651
3,027,300 994,892,042
156,380,533
245,215,570 68,262,264
124,653,717 38,852,768
0 2,041,867 1,890,857
2,937,583 2,484,870
146,400 6,244,350 5,241,300
0 2,189,510 5,948,000 1,253,086
600,000 200,000 821,295
212,983
9,397.315 518,593,735
0 106,039,476 255,618,026
555,700 156,380,533
State Funds
1,275,471 1,460,887
916,444 12,846,183 2,437,349 34,166,106 27,640,704

FRIDAY, FEBRUARY 10, 1995

785

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

225,427,808
2,652,078
2,644,592 22,495,342 2,719,756
2,947,130 19,259,199
300,000 518,593,735

30,449,184
2,652,078
493,303 22,495,342
0
90,098 19,157,384
300,000 156,380,533

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................!
Personal Services.............................................................................$ Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

0 7,710,938 14,207,082 21,918,020 21,918,020
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...........................................................$ Capital Outlay - GPTC ..................................................................$ Equipment - GPTC ........................................................................$ Georgia Research Alliance .............................................................$ Capital Outlay - Albany State College ........................................$ Equipment........................................................................................! Per Diem, Fees and Contracts......................................................! Zoo Atlanta Resources Center.......................................................! Special Funding Initiatives............................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

119,741,000
19,321,347 28,921,000 3,300,000 36,553,653 13,000,000
1,000,000 50,000
2,500,000 15,095,000 119,741,000 119,741,000

Section 37. Department of Revenue. Budget Unit: Department of Revenue...............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement
and PICA ......................................................................................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

90,339,945 55,303,453 4,610,482
1,385,187 246,000 813,569
14,911,879 2,832,804 1,114,537
511,874
3,369,000 0
6,286,955 3,636,176 95,021,916 3,845,000 90,339,945

Departmental Functional Budgets

Total Funds

State Funds

786

JOURNAL OF THE HOUSE,

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

6,924,475 11,550,194 9,196,862 17,946,427 7,381,105 22,226,798 7,127,628 4,321,023 4,052,863
46,000 4,248,541 95,021,916

6,924,475 11,350,194 8,381,662 17,646,427 6,681,105 20,926,798 7,127,628 3,284,052 3,723,063
46,000 4,248,541 90,339,945

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....................................................................!

26,428,983 16,241,077 3,727,497
230,350 111,000 243,162 2,030,588 2,484,990 368,304 1,337,015 700,000 27,473,983 26,428,983

Departmental 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

$

3,392,270

$

4,534,349

$

4,866,080

$

3,474,652

$

1,048,300

$

372,291

$

9,786,041

$

27,473,983

3,362,270 4,459,349 4,150,080 3,454,652
994,300 372,291 9,636,041 26,428,983

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............................

1,949,825 1,136,025
155,100 16,000 23,000
8,000
350,000 113,700 30,000 118,000 1,949,825 1,949,825

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

$

1,949,825

1,989,825

FRIDAY, FEBRUARY 10, 1995

787

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....................................................................$

30,861,064 4,999,073
464,051 101,800
0 20,000 421,000 44,800 144,250 208,739
0 4,076,000 22,360,260 5,003,940
38,000
75,000 160,000 593,600 425,000 39,135,513 30,861,064

Departmental 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

3

32,731,800

Jj

1,061.696

$

39,135,513

0 30,259,058
602,006 30,861,064

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 .

77,401,941 39,061,941 12,000,000 6,000,000 20,000,000
240,000

788

JOURNAL OF THE HOUSE,

LEPD Scholarship..........................................................................? Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................?

100,000 77,401,941 77,401,941

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

145,738,288 3,872,659 400,793 120,500 0 15,000 406,730
334,490
158,000 704,000 99,523,159 19,869,284
0 8,124,563 25,012,445 2,758,900 15.311,394 176,611,917 145,738,288

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

!

6,012,172

i

170,599,745

!

176,611,917

?

4,023,495

$ 141,714,793

? 145,738,288

B. Budget Unit: Lottery for Education.... Computer Laboratories and Satellite Dishes-Adult Literacy........................ Capital Outlay - Technical Institute Satellite Facilities............. Equipment-Technical Institutes......... Repairs and Renovations..................... Total Funds Budgeted..........................

42.417.423
1,000,000
20,014,673 14,402,750 7,000,000 42,417,423

FRIDAY, FEBRUARY 10, 1995

789

Lottery Funds Budgeted......................................

42,417,423

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..........................................

454,915.497 244,633,944 55,888,851
1,494,910 1,522,000 5,757,602 6,077,860 1,334,773 2,503,900 47,534,677 632,498,885
1,024,100 1,167,500 9,463,781
680,000
1,011,582,783 454,915,497

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

762,267,424 196,819,300 12,062,562 23,126,927 994,276,213

! 226,740,895

! 185,619,300

!

11,512,562

!

22,501,927

! 446,374,684

General Funds Budget Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal
Waterways Activities Total

1,625,316 1,403,525 13,597,729

680,000

$

17,306,570

1,625,316 1,016,525 5,218,972
680.000 8,540,813

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

23,536.066 4,769,335
115,123 75,700
0 183,700 10,253 238,641 57,883 198,500
17,386,621
6,970,976

790

JOURNAL OF THE HOUSE,

and Insurance............. Total Funds Budgeted.. State Funds Budgeted..

325,825 30,332,557 23,536,066

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing Home-Augusta Total

5,569,735
17,723,246 7,039,576 30,332,557

$

5,299,126

$

13,222,776

$

5,014,164

$

23,536,066

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....................................................................!

10,192,885 7,368,707
370,549 58,000
0 19,250 490,482 1,013,996 109,040 204,518 748,343 10,382,885 10,192,885

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) .................,.................................$

384,046,235 61.000,000 445,046,235

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New).....................................................................$ Motor Fuel Tax Funds (New)..................................................................$
$

36,684,200 0
36,684,200

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 place ment in the General Assembly.

Section 48. Provisions Relative to Section 3, Supreme Court. The appropri ations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the oper ation of the National Center for State Courts.

Section 49. Provisions Relative to Section 4, Court of Appeals. The appro priations in Section 4 (Court of Appeals) of this Act are for the cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court.

FRIDAY, FEBRUARY 10, 1995

791

Section 50. Provisions Relative to Section 5, Superior Courts. The appro priations in Section 5 (Superior Courts) of this Act are for the cost of operating the Supe rior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys, and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the Council of Superior Court Judges, and the Judicial Administrative Districts created by Code Sec tion 15-5-2, for the latter of which funds shall be allocated to the ten administrative dis tricts by the Chairman of the Judicial Council; provided, however, of the funds appropriated in Section 5, $20,000 is designated and committed to permit Judges with fewer than ten years of experience to attend the Judicial College.
Section 51. Provisions Relative to Section 6, Juvenile Courts. The appro priations in Section 6 (Juvenile Courts) are for the cost of operating the Council of Juve nile Court Judges created by Code Section 15-11-4.
Section 52. Provisions Relative to Section 7, Institute of Continuing Judi cial Education. The appropriations in Section 7 (Institute of Continuing Judicial Edu cation) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 53. Provisions Relative to Section 8, Judicial Council. The appro priations in Section 8 (Judicial Council) of this Act are for the cost of operating the Judi cial Council of the State of Georgia, the Administrative Office of the Courts and the Board of Court Reporting of the Judicial Council, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.
Section 54. Provisions Relative to Section 12, Department of Administra tive Services. It is the intent of this General Assembly that the Department of Admin istrative Services develop a plan to centralize the mailing functions of state government and begin implementation of said plan by the Department or a contractor when feasible. The Department of Administrative Services is authorized to develop a plan for all radio systems (including a new 800 mhz system) for all state agencies. It is also the intent of this General Assembly that all radio equipment purchases be restricted until this plan can be developed. All radio equipment purchases shall require the approval of the Office of Planning and Budget.
It is the intent of the General Assembly with reference to the development of a com munications 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 deter mine the feasibility of relocating the MLK laboratories.
Provided that of the appropriation to the Department of Agriculture, up to $75,000 is authorized to be expended for ELISA testing equipment for branch laboratories at Bowdon, Camilla, Dalton, Douglas and Montezuma.

792

JOURNAL OF THE HOUSE,

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", spe cific, 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
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

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 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 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

25,000 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

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
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

FRIDAY, FEBRUARY 10, 1995
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 Purchase of Properties
for Park 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 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.

793
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 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

794

JOURNAL OF THE HOUSE,

Dougherty County
Crawford County
DeKalb County
Richmond County Board of Education
Richmond County Board of Education
Terrell County
City of Rockmart
City of Decatur
City of Perry
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
Columbus/Muscogee County
West Georgia Regional Library
Flint River Regional Library

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 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 Construction and Purchase of Equipment Planning for a regional education/cultural facility To purchase library materials To purchase library materials

10,000
194,400 90,000
20,000
75,000 40,000 100,000 40,000
75,000
20,000 30,000
100,000
25,000 25,000 10,000 25,000 25,000 25,000 25,000 25,000 48,190 250,000 100,000 52,000

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 chap lains as that for classified merit system positions with the same job duties.

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795

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 Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,689.75. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
From the Appropriations in Section 20, funds are designated and committed for the purpose of special Education Low - Incidence Grants to finance the direct instructional costs for low - incidence programs which are not covered by the QBE formula. The total of such grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1995.
From the Appropriations in Section 20, funds in the amount of up to $452,000 are set aside for extended year purposes. Funds are to be made available to local school systems on a 50/50 matching basis upon receipt of application and approval by the Department of Education. In the event application totals exceed the availability of such funds, approved projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.
Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 1995 on the basis of oneeighteenth of the total appropriation for each Regional Development Commission Area served, subject to the provisions that each RESA has implemented the State Board of Education's policy concerning the composition of the Board of Control of each RESA, has implemented the uniform statewide needs program, and has the commitments of each anticipated member system to contribute at least the same equivalent amount during SFY 1995 that it contributed during SFY 1994.
It is intended that the electronic student information system is a component of the statewide comprehensive electronic information network required by Section 20-2-320 of the Quality Basic Education Act and funds appropriated for the student information sys tem and the electronic information network are considered to be for the same purpose.
Local county school systems that have complied with the advance incentive funding program shall have priority in future appropriations by the General Assembly for school building construction in the advance incentive funding program.
Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and mid dle grades (6-8) in methods of teaching responsible sex education.
Provided, however, that the portion of the Governor's Scholarship Program that is intended for salutatorians, valedictorians, and STAR students must be only for students from accredited high schools.
It is the intent of this General Assembly that the Department of Education accumu late empirically-based data to support educational research and program evaluation.
It is the intent of this General Assembly that the department continue the Student Profiles activity with existing funds.
Provided, however, that it is the intent of the General Assembly that every classroom teacher in grades K-5 shall have a duty-free lunch period.
Provided, that the Governor's Scholarship Program shall include the following gradu ates from accredited high schools in Georgia with minimum full-time equivalent (FTE) counts in grades 9 through 12 as noted: high schools with 150 or more FTE count, the valedictorian, salutatorian and Star Student; high schools with 100 to 149 FTE count, the valedictorian and Star Student; high schools with 50 to 99 FTE count, the valedictorian.

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It is the intent of the General Assembly that the mid-term adjustment to the Quality Basic Education formula grants and calculations for the ensuing fiscal year Quality Basic Education formula grants be based on the corrected full-time equivalent student count as received by the Department of Education from each local school system as of the last working day prior to Thanksgiving Day of the applicable fiscal year pursuant to Code Sec tions 20-2-160 and 20-2-162(a). The corrected full-time equivalent count shall be trans mitted to the Office of Planning and Budget by the Department of Education by the close of business on the same day.
Provided, that funds for pilot elementary school foreign language programs shall be used for kindergarten, first and second grade programs in schools which had pilot kinder garten programs in Fiscal Year 1993.
Provided, that the above amount of Lottery funds appropriated for Next Generation School Grants shall be used for the purchase of equipment, computer hardware and com puter software only.
Provided, that of the funds appropriated in Section 20, $8,926,440 is designated and committed to pay for the settlement of Civil Action File No. CV-490-191, Board of Public Education of the city of Savannah and the County of Chatham, et aL vs. State of Georgia.

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 com pilation, 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 not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

Number in
Asst. Group 1 2 3 4 5 6 7 8 9 10 11

Standards
of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly
Amount $ 155
235 280 330 378 410 444 470 496 530 568

Provided, that of the above appropriations relative to the treatment of Hemophilia and its complications, these funds may be used directly or indirectly via the purchase of insurance, whichever is less, to treat this disease.
The Department is authorized to utilize troubled children's benefits to expand com munity placements in order to secure additional federal Medicaid funding. It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis.
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

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797

1995 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.
Community Mental Health Services for Children and Adolescents. Child Protective and Placement Services. Institutional Foster Care Rates - To increase the percent of cost reimbursed to
providers for children placed by the department. Child day care as provided by the federal Child Care Bill. Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hos pital and that existing funds appropriated herein for mental retardation hospitals be uti lized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting. Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts object class at each of the MH/MR/SA institutions as needed to insure coverage for physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval. In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional federal VR110 funds for capital outlay projects at Roosevelt Warm Springs Institute for Rehabilitation for use by handicapped citizens. Necessary matching funds will be provided within existing budget and with donated funds. It is the intent of the General Assembly that, in the event the Department receives additional federal funding for childhood immunizations, over and above its usual direct assistance allocation, the Department is authorized to expend these new funds on imple menting a program of additional vaccine purchase to increase immunization rates, pro vided the level of such new funds is adequate to implement this action statewide, by making such vaccines available without charge to physicians licensed under Title 43, Chap ter 34, and who agree not to impose a charge for such vaccine on the child recipient, the child's parent, or any other person or party. The Department also is authorized to expend a portion of any such new federal funds for the administration and implementation of this program.
The Department of Human Resources is authorized to use existing funds to provide partial funding to contract for the replacement of the PARIS system.
In addition to the above appropriation for the Department of Human Resources, the Department is authorized to utilize additional available resources to move 33 mentally retarded clients from hospitals to community residential settings.
The Department of Human Resources is hereby directed to coordinate continued development of the Social Services Network computer system with the Department of Administrative Services.
The Department of Human Resources is directed to provide funding to a not for profit agency for the treatment of hemophilia and its complications or the purchase of insurance, whichever is less. All billings for treatments will be at the lowest possible acqui sition prices and this funding is for uninsured clients with hemophilia. In addition, the not for profit agency will provide home visits and coordinated after care with federally funded Comprehensive Hemophilia Treatment Centers utilizing the agency's nurses and social workers and with no charge to the uninsured clients.
Provided, that of the above appropriation, funding for recently introduced and technologically advanced psychotropic medications may be transferred among the MH/MR/SA institution and community programs as needed for the benefit of clients who receive these medications. Such transfers shall not require prior budgetary approval.
It is the intent of the General Assembly that no funds appropriated to the Depart ment which may be used to contract with Planned Parenthood of Atlanta shall be used

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in programs where abortion is a method of family planning. In addition, no funds appro priated 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 sys tems.
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 appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally retarded eligible for Medicaid.
The Department is authorized to use existing funds for coverage of Occupational Therapy Service in Home Health Services.
The Department of Medical Assistance is directed to use existing funds to cover the services of certified registered nurse anesthetists.
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.
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 estab lish 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 appropri ated in Section 32 (Department of Natural Resources) or from any other funds without the approval of the State Properties Commission, except for land specifically provided for in Section 32.
Provided that the funds appropriated herein for Historic Preservation Technical Assistance be distributed among qualified agencies for professional regional preservation planning services.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds

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799

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 pur suit 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, how ever that the Board of Regents may use the funds generated by all the system institutions to satisfy the match requirement. The Board of Regents shall allocate $3,000,000 for edu cational and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.
Section 68. Provisions Relative to Section 38, Secretary of State. Pro vided, that of the funds appropriated for State Examining Boards, $75,000 is authorized for board member participation at conferences related to professional regulation.
Section 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 commit ted solely for Board Member Training.
Provided, the department is directed to conduct a study to determine the feasibility of establishing a Construction Trade program in Appling County.
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 Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

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c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 43 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
h.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport, provided further, income derived from leasing/selling department-owned aircraft facilities may be retained for use in the department's aviation program.
i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41 (b)(l), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $507,374,684 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assist ance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
The Department is authorized to use federal funds to match bond proceeds to acquire, appraise, rehabilitate and evaluate additional railroad lines.
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 $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 provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 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

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801

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 com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.
The State Auditor shall make the utilization of motor vehicles, xerographic equipment and telephonic equipment a matter of special interest in future audits to insure strict com pliance with the intent of this General Assembly.
Section 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
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees.
Section 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 con tinue programs currently funded entirely with Federal funds.
Section 79. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created

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and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 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 appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.
Section 81. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.
Section 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. The following authorization to issue General Obliga tion Debt and the corresponding appropriation is hereby repealed: the existing but unexercised authorization to issue $140,000,000 in principal amount of General Obligation Debt

FRIDAY, FEBRUARY 10, 1995

803

for the Georgia Building Authority or the Department of Defense, Ga. Laws 1993, pp. 1909, 1913.
With regard to the appropriations in Section 46 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $1,185,000 is specif ically appropriated for the purpose of financing projects for the Department of Adminis trative Services, by means of the acquisition, construction, development, extension, enlargement, 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 $5,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $1,440,000 is specif ically appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $960,000 is specifi
cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $10,000,000 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)", $533,250 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu
ance of not more than $2,250,000 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)", $474,000 is specifi
cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,000,000 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)", $326,400 is specifi
cally appropriated for the purpose of financing projects for the Georgia Bureau of Investi gation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $3,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $682,560 is specifi cally appropriated for the purpose of financing projects for the Department of Children
and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith,
through the issuance of not more than $2,880,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $115,200 is specifi
cally appropriated for the purpose of financing projects for the Department of Children

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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 $1,200,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $67,200 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $2,304,000 is specif ically appropriated for the purpose of financing projects for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $24,000,000 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)", $1,152,000 is specif
ically appropriated for the purpose of financing projects for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $12,000,000 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)", $264,960 is specifi cally appropriated for the purpose of financing projects for the Department of Corrections, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,760,000 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)", $1,248,000 is specif ically 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 $13,000,000 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)", $59,520 is specifi
cally appropriated for the purpose of financing projects for the Department of Human
Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the
issuance of not more than $620,000 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)", $133,905 is specifi
cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the
issuance of not more than $565,000 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)", $48,000 is specifi cally appropriated for the purpose of financing projects for the Department of Human

FRIDAY, FEBRUARY 10, 1995

805

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 $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)", $52,140 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $220,000 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)", $52,800 is specifi cally appropriated for the purpose of financing projects for the Department of Industry, Trade and Tourism, 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 $550,000 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)", $4,068,960 is specif ically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $42,385,000 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)", $480,000 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $127,980 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $540,000 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)", $960,000 is specifi cally appropriated for the purpose of financing George L. Smith II Georgia World Con gress Center facilities for the Department of Industry, Trade and Tourism, 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 $10,000,000 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)", $384,000 is specifi cally appropriated for the purpose of financing projects for the George L. Smith II Georgia World Congress Center facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities,

806

JOURNAL OF THE HOUSE,

both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,000,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $397,440 is specifi cally appropriated for the purpose of financing facilities 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 $4,140,000 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)", $1,920,000 is specif ically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facil ities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $215,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,240,000 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)", $1,066,500 is specif ically appropriated for the purpose of financing facilities for the Department of Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $4,500,000 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)", $355,200 is specifi cally appropriated for the purpose of financing facilities for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $3,700,000 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)", $307,200 is specifi cally appropriated for the purpose of financing facilities for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $12,000,000 is spe cifically appropriated for the purpose of financing facilities for the Department of Trans portation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $672,000 is specifi cally appropriated for the purpose of financing facilities 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

FRIDAY, FEBRUARY 10, 1995

807

issuance of not more than $7,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $336,000 is specifi cally appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,500,000 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)", $683,745 is specifi cally appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,885,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking fund (New), $1,059,840 is specifically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipalities, or boards of trustees of public libraries or library systems, through the issuance of not more than $11,040,000 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)", $192,000 is specifi cally appropriated for the purpose of financing facilities for the Department of Correc tions, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,000,000 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)", $237,000 is specifi cally appropriated for the purpose of financing facilities 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 $1,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $84,000 is specifi cally appropriated for the purpose of financing facilities 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 $875,000 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)", $38,400 is specifi cally appropriated for the purpose of financing facilities 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 $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.

Section 84. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1995

$

10,236,138,444

808

JOURNAL OF THE HOUSE,

Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 86. All laws and parts of laws in conflict with this Act are repealed."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House adopt the report of the Committee of Conference on HB 201.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker Y Bannister E Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove E Brooks, D Y Brooks, T Y Brown, G N Brown, J
Brush Y Buck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M
YDay Y DeLoach, B Y DeLoach, G N Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart Y Epps N Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwill E Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall
Y Hegstrom N Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson

Y Hugley Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
N Joyce NKaye Y Kinnamon N Klein N Ladd N Lakly YLane N Lawrence YLee Y Lewis N Lifsey YLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McCall
McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster 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 Rogers Y Royal N Sanders
N Sauder Y Scoggins, Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat E Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L
Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White N Wiles Y Williams, B Y Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 141, nays 25. The motion prevailed.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Gov ernmental Affairs:

HB 623. By Representatives White of the 161st, Canty of the 52nd, Goodwin of the 79th, Roberts of the 162nd and Hembree of the 98th:
A bill to amend Code Section 45-20-2 of the Official Code of Georgia Anno tated, relating to definitions relative to the merit system, so as to provide that employees of the Department of Transportation whose duties relate to maintenance but who do not have managerial duties shall be in the classified

FRIDAY, FEBRUARY 10, 1995

809

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

HR 318. By Representatives Ray of the 128th and James of the 140th:
A resolution commending the Georgia Peach Festival and inviting a represen tative of the festival to appear before the House of Representatives.

HR 320. By Representative Martin of the 47th:
A resolution commending Honorable Richard G. Lane and 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 adopted the report of the Committee of Conference on the following bill of the House:

HB 201. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to amend an Act providing appropriations for the State Fiscal Year 1994-1995 known as the "General Appropriations Act", so as to change cer tain appropriations for the State Fiscal Year 1994-1995.

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 350 Do Pass, by Substitute SR 18 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 13, 1995 and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, Feb ruary 13, 1995.

810

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 13, 1995

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

Ashe Bailey Baker Bannister Barfoot Bargeron
Barnard Barnes Bates Benefield
Birdsong
Bordeaux
Bostick Brooks, D Brooks, T Brown, J
Buck
Buckner
Bunn
Burkhalter
Byrd Campbell Canty Carter Chambless Childers Coker
Coleman, B Coleman, T
Connell
Cox
Crawford

Crews
Culbreth
Cummings
Davis, G Davis, M Day DeLoach, B DeLoach, G Dix
Dixon, H
Dixon, S
Dobbs
Ehrhart
Epps Evans Falls Felton Floyd Godbee Grindley Manner
Harbin Harris Heard Heckstall Hegstrom Hembree Holland Howard
Hudson Hugley

Irvin James Johnson, G Johnson, J Johnston Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Lucas Maddox Mann Martin McBee McCall
McKinney Mills Mobley, B
Mobley, J
Mosley
Mueller
O'Neal

Parham Parrish Parsons Pelote Perry Pinholster Poston Powell Purcell, A Purcell, B Randall Randolph Ray Reaves Rogers Royal Sanders Sauder
Scoggins
Shanahan
Shaw
Sherrill Shipp
Simpson Sinkfield Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T

Smith, V Smith, W Snelling Stallings Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teper Thomas
Tillman Titus Trense
Twiggs Walker, L Walker, R.L
Wall
Watson
Watts Westmoreland
Whi taker
White
Wiles
Williams, B
Williams, J
Williams, R
Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Breedlove of the 85th, Polak of the 67th, Porter of the 143rd, Yates of the 106th, Smyre of the 136th, Jamieson of the 22nd, Goodwin of the 79th, Turnquest of the 73rd, Brush of the 112th, Golden of the 177th, Teague of the 58th, Orrock of the 56th, Holmes of the 53rd, Henson of the 65th, McClinton of the 68th, Jenkins of the 110th and Roberts of the 162nd.
They wish to be recorded as present.

Representative Snow of the 2nd would like to be excused Monday, February 13, 1995 due to illness.

Prayer was offered by Dr. Malone Dodson, Pastor, Roswell United Methodist Church, Roswell, Georgia.

The members pledged allegiance to the flag.

The hour of convening the Joint Session pursuant to HR 238 having arrived, the Sen ate appeared upon the floor of the House and the Joint Session, convened for the purpose of hearing an address from the Honorable Newt L. Gingrich, Speaker of the United States

MONDAY, FEBRUARY 13, 1995

811

House of Representatives, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard.
The Resolution calling for the Joint Session was read.
Accompanied by the Committee of Escort and other distinguished guests, the Honor able Newt L. Gingrich, appeared upon the floor of the House and addressed the Joint Ses sion.
Senator Perdue of the 18th moved that the Joint Session of the General Assembly be now dissolved and the motion prevailed.
The President of the Senate, Lieutenant Governor Pierre Howard, announced the Joint Session dissolved.
The Speaker called the House to order.

Representative 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 and Senate were read the second time:

HB 672 HB 673 HB 674
HB 675 HB 676 HB 677

HB 690 HB 691 HB 692
HB 693 HB 694 HB 695

HHTtlTDRRR RffbiioT8sO1On
HB 6g2 HB 683 HB 685 HB 686 HB 687 HB 688 HB 689

HHHnBBRo 66foi*Q99/67Ro
HB 699 HB 70 HB 701 HB 702 HB 703 HB 704 HB 705

812

JOURNAL OF THE HOUSE,

HB 706 HB 707 HB 708 HB 709 HB 710 HB 711 HB 712 HB 713 HB 714 HR 302 HR 303 HR 304 HR 305 HR 316

HR 317 HR 319 SB 81 SB 115 SB 117 SB 120 SB 124 SB 165 SB 192 SB 193 SB 234 SB 253 SB 254 HB 684

Pursuant to Rule 52, Representative Trense of the 44th moved that the following Bill of the House be engrossed:

HB 684. By Representatives Trense of the 44th, Buck of the 135th, Skipper of the 137th and Towery of the 30th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 289 Do Pass
Respectfully submitted, /a/ Lee of the 94th
Chairman

Representative Royal of the 164th 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 273 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

MONDAY, FEBRUARY 13, 1995

813

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 13, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 21st Legislative Day as enu merated below:
HB 178 Asst dist attys; additional appts; crime victims' advocate HB 254 Driver's license; personal identification card; cancellation HB 280 Nursing home administrator; provisional license HB 363 Development authorities; additional powers HB 398 Olympics; imported equipment, materials, etc.; suspend taxation HB 423 Special primaries or elections; deadline for registration HB 440 Reapportionment; House of Rep; Dist 128, 139, and 141 HB 466 Motor vehicles; security interest; rental price adjustment HB 489 Waters/Ports/Watercraft; pilots/pilotage; amend provisions HB 510 Motor fuel tax; exempt certain dyed fuel oils HB 513 Firearms dealers; comply with provisions of Brady Act
HR 95 Aged and Disabled Transportation Task Force; recreate HR 264 Legislators; urge exclusion travel expenses and per diem; income tax and social
security
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 Bill of the Senate was taken up for consideration and read the third time:

SB 273. By Senators Starr of the 44th 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, as amended, so as to increase the amount of the homestead exemption from City of Morrow ad valorem taxes to $40,000.00; 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.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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

Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush Y Buck Y Buckner
Bunn Y Burkhalter Y Byrd
Campbell Y Canty Y Carter
Y Chambless

E Channel! Y Childers
Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Y Day

Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Dixon, S Y Dobbs Y Ehrhart Y Epps Evans Falls Y Felton Y Floyd Y Godbee
Y Golden

Goodwin E Greene
Grindley Manner Y Harbin Y Harris Hart Y Heard Y Heckstall Y Hegstrom Hembree Y Henson Y Holland
Y Holmes

814
Howard Y Hudson Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamun Y Klein Y Ladd Y Lakly Y Lane
Lawrence Y Lee Y Lewis Y Lifsey

JOURNAL OF THE HOUSE,

Y Lord Y Lucas Y Maddox Y Mann
Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster

Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp
Simpson

Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smith, W Smyre Y Snelling Snow Stallings 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 Trense Y Turnquest Y Twiggs Y Walker, L Walker, R.L Wall Watson Y Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 138, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Campbell of the 42nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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:

HB 525. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act creating the Lee County Utilities Authority, so as to provide for the membership of the authority, including ex officio and appointed members, and their term of tenure and compensation; to confer powers and duties upon the authority.

HB 539. By Representatives Walker of the 141st and Floyd of the 138th:
A bill to amend an Act reincorporating and providing a new charter for the City of Perry in Houston County, so as to provide for appointment, duties, and removal of department and agency directors; to provide for appointment, compensation, and removal of a city manager.

HB 556. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Gilmer County School District ad valorem taxes for educational purposes in the amount of $50,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.

MONDAY, FEBRUARY 13, 1995

815

HB 574. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing a new charter for the City of Pelham, so as to provide for additional duties of the city manager; to change the manner and method of filling vacancies in the office of mayor or councilmember.

HB 442. By Representatives Skipper of the 137th and Manner 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 change the compensation of the chairperson and commissioners of the Sumter County Board of Commissioners.

SB 1. By Senators Oliver of the 42nd, Farrow of the 54th, Tysinger of the 41st and Slotin of the 39th:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to the "Georgia Civil Practice Act," so as to encourage contin ued participation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.

SB 68. By Senators Thomas of the 10th, Stokes of the 43rd and Brown of the 26th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses relating to the development and dissemi nation of instructional materials on the effect of alcohol, so as to require a course of study in home economics which includes parenting education as prescribed by the Department of Education for all state funded schools with grade nine or above.

SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service and regulation of such ser vice, so as to provide for an alternative system of regulation of telecommunications service; to provide for a short title; to provide for legisla tive findings and intent; to define terms; to provide for the conditions under which such alternative system of regulation shall be established; to provide for fair competition and consumer protection in the local exchange.

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and oth ers:
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 pub lic access to certain juvenile court hearings and records; to provide for fingerprinting and photographing of juveniles; to provide for the sharing and use of information on juvenile arrests and court proceedings between appro priate public and school agencies.

SB 188. By Senators Ray of the 19th and Walker of the 22nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain training requirements.

816

JOURNAL OF THE HOUSE,

SB 209. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for an attempt to notify a victim of family violence at the time of releasing on bail a person charged with an offense involving family violence; to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family vio lence, so as to provide that certain information relating to family violence shall be provided to adults believed to be victims of family violence.

SB 210. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination in the course of which evi dence of the alleged crime is collected.

SB 223. By Senators Madden of the 47th, Langford of the 29th and Ray of the 19th:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend to certain treatment team members and others the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend to certain treatment team members and others the privileged communica tions between psychologists and clients.

SB 239. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and Burton of the 5th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Governor's Council on Develop mental Disabilities; to provide that the council shall serve as the designated state agency and state planning council for purposes of carrying out the pro visions of Chapter 75 of Title 42 of the United States Code, as now or here after amended; to provide for composition of the council.

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

SR 12. By Senator Hooks of the 14th: A resolution designating the J. L. Turner Bridge.

SR 15. By Senator Dean of the 31st:
A resolution honoring Charles Hardy and designating a portion of Georgia Highway 120 as the "Charles Hardy Parkway".

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

MONDAY, FEBRUARY 13, 1995

817

SB 1. By Senators Oliver of the 42nd, Farrow of the 54th, Tysinger of the 41st and others:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to the "Georgia Civil Practice Act," so as to encourage contin ued participation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances.
Referred to the Committee on Judiciary.

SB 68. By Senators Thomas of the 10th, Stokes of the 43rd and Brown of the 26th:
A bill to amend Code Section 20-2-142 of the Official Code of Georgia Anno tated, relating to prescribed courses relating to the development and dissemi nation of instructional materials on the effect of alcohol, so as to require a course of study in home economics which includes parenting education as prescribed by the Department of Education for all state funded schools with grade nine or above.
Referred to the Committee on Education.

SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd and others:
A bill to amend Chapter 5 of Title 46 of the Official Code of Georgia Anno tated, relating to telephone and telegraph service and regulation of such ser vice, so as to provide for an alternative system of regulation of telecommunications service; to provide for a short title; to provide for legisla tive findings and intent; to define terms; to provide for the conditions under which such alternative system of regulation shall be established; to provide for fair competition and consumer protection in the local exchange.
Referred to the Committee on Industry.

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and oth ers:
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 pub lic access to certain juvenile court hearings and records; to provide for fingerprinting and photographing of juveniles; to provide for the sharing and use of information on juvenile arrests and court proceedings between appro priate public and school agencies.
Referred to the Committee on Judiciary.

SB 188. By Senators Ray of the 19th and Walker of the 22nd:
A bill to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to change certain training requirements.
Referred to the Committee on Health & Ecology.

818

JOURNAL OF THE HOUSE,

SB 209. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Anno tated, relating to bonds and recognizances, so as to provide for an attempt to notify a victim of family violence at the time of releasing on bail a person charged with an offense involving family violence; to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family vio lence, so as to provide that certain information relating to family violence shall be provided to adults believed to be victims of family violence.
Referred to the Committee on Judiciary.

SB 210. By Senators Johnson of the 1st, Egan of the 40th and Johnson of the 2nd:
A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Anno tated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination in the course of which evi dence of the alleged crime is collected.
Referred to the Committee on Special Judiciary.

SB 223. By Senators Madden of the 47th, Langford of the 29th and Ray of the 19th:
A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend to certain treatment team members and others the privileged communications between psychiatrists and patients; to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend to certain treatment team members and others the privileged communica tions between psychologists and clients.
Referred to the Committee on Judiciary.

SB 239. By Senators Taylor of the 12th, Brown of the 26th, Middleton of the 50th and others:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to create the Governor's Council on Develop mental Disabilities; to provide that the council shall serve as the designated state agency and state planning council for purposes of carrying out the pro visions of Chapter 75 of Title 42 of the United States Code, as now or here after amended; to provide for composition of the council.
Referred to the Committee on Children and Youth.

SR 12. By Senator Hooks of the 14th: A resolution designating the J. L. Turner Bridge.
Referred to the Committee on Transportation.

SR 15. By Senator Dean of the 31st:
A resolution honoring Charles Hardy and designating a portion of Georgia Highway 120 as the "Charles Hardy Parkway".
Referred to the Committee on Transportation.

MONDAY, FEBRUARY 13, 1995

819

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

HR 321. By Representatives White of the 161st, Chambless of the 163rd and Roberts of the 162nd:
A resolution declaring February 23, 1995, as Albany-Dougherty County Day at the State Capitol and inviting the Mayor and representatives of the City of Albany, Dougherty County, and the Albany-Dougherty Chamber of Com merce to appear before the House of Representatives at a time to be deter mined by the Speaker of the House of Representatives.

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

HB 398. By Representatives Buck of the 135th, Jamieson of the 22nd, Royal of the 164th and Culbreth of the 132nd:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions regarding the "Georgia Public Revenue Code," so as to provide for the temporary suspension of all applicable state and local taxes on certain articles, effects, equipment, or materials imported into this state in connection with the XXVI Summer Olympiad or the 1996 Atlanta Paralympic 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 Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush Y Buck Y Buckner
Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews
Y Culbreth Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon,S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Floyd Y Godbee Golden Y Goodwin E Greene Y Grindley Y Manner Y Harbin Y Harris Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord
Lucas Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Y Orrock

Y Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Reaves
Y Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling
Snow
Y Stallings 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 Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

820

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 153, nays 0. The Bill, having received the requisite constitutional majority, was passed.
Representative Brush of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
HB 510. By Representatives Skipper of the 137th, Hanner of the 159th, Floyd of the 138th, James of the 140th, Hudson of the 156th and others: A bill to amend Article 1 of Chapter 9 of Title 48 of the Official Code of Georgia Annotated, relating to motor fuel taxes, so as to provide for a tax exemption with respect to certain dyed fuel oils; to change licensing require ments in connection therewith.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedluve Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps Y Evans Y Palls Y Felton
Floyd Y Godbee Y Golden Y Goodwin E Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon
Klein
YLadd Y Lakly YLane Y Lawrence Y Lee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers
Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Y Srnyre Y Snelling
Snow Y Stalling* Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus
Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 466. By Representatives Williams of the 63rd, Watts of the 26th and Lawrence of the 64th:
A bill to amend Article 3 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to security interests in and liens on motor vehi cles, so as to provide that in the case of a motor vehicle or trailer, a transac tion shall not create a sales or security interest because it provides that the rental price is permitted or required to be adjusted under the agreement by reference to the amount realized upon sale.

MONDAY, FEBRUARY 13, 1995

821

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsung Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G
Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin E Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard
Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson

Y Hugley Y Irvin Y James
Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon
Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Lucas
Y Maddox YMann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W Y Smyre Y Snelling
Snow Y Stallings 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 Y Twiggs Y Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmorland
Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 156, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 489. By Representatives Dixon of the 150th and Smith of the 174th:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Anno tated, relating to pilots and pilotage, so as to change the provisions relating to prescribing rules and regulations relating to pilotage fees; to change the provisions relating to qualifications for a pilot's license.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, so as to change the provisions relating to prescribing rules and regula tions relating to pilotage fees; to change the provisions relating to qualifications for a pilot's license; to change the maximum number of pilots for certain ports; to change provi sions relating to restrictions as to persons who may receive fees, gratuities, or rewards for conducting or piloting vessels; to change the provisions relating to the form of the license and the oath of a pilot; to change provisions relating to hearings before commissioners and enforcement of decrees and orders by execution of warrants of distress; to change provi sions relating to appeals to the superior court, generally; to require vessels to be under the

822

JOURNAL OF THE HOUSE,

direction and control of pilots licensed by this state when moving in the bays, rivers, har bors, and ports of this state and the approaches thereto; to repeal provisions relating to fees for coastwise vessels; to change provisions relating to time of payment and security for payment; to change the liability and penalties for failure to take a pilot or failure to pay pilotage fees; to provide for related matters; to provide an effective date; to provide for contingent repeal of certain provisions; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 52 of the Official Code of Georgia Annotated, relating to pilots and pilotage, is amended by striking subsection (a) of Code Section 52-6-11, relating to author ity of commissioners to prescribe rules and regulations and to prescribe and revise pilotage fees, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) The commissioners shall prescribe rules and regulations for the government of pilots and the fees which may be charged for their services and shall, from time to time, revise and grade pilotage fees; teeth inward a*d outward, when, in their judgment, it is necessary to do so. All rules and regulations consistent with this chapter existing as of November l^ 1082 January 1^ 1995, and all fees prescribed by the commissioners as of November IT 1982 January t^ 1995, shall remain in effect until changed as provided in this chapter."
SECTION 2. Said chapter is further amended by striking Code Section 52-6-30, relating to qualifica tions for a pilot's license, in its entirety and inserting in its place a new Code Section 52-6-30 to read as follows:
"52-6-30. The commissioners at each of the ports of this state are entitled to license during good behavior such citizens of the United States who are of good character as they shall think fit to act as pilots in conducting piloting vessels inward te ad outward frem underway in the waters of the several ports and rivers for which they shall be licensed. Any pilot who is licensed as of November 1^ 1082 January 1^ 1995, shall continue to act under his such license until said license is revoked or he the pilot is suspended or he is retired as provided in this chapter."
SECTION 3. Said chapter is further amended by striking Code Section 52-6-31, relating to the number of pilots, in its entirety and inserting in lieu thereof a new Code Section 52-6-31 to read as follows:
"52-6-31. The number of licensed pilots shall not exceed 46 17 for the port of Savannah, three for the port of Doboy and Darien, five six for the port of Brunswick, two for the Great Satilla River, and two for the port of St. Mary's."
SECTION 4. Said chapter is further amended by striking Code Section 52-6-32, relating to restrictions as to persons who may receive fees, gratuities, or rewards for conducting or piloting ves sels, in its entirety and inserting in its place a new Code Section 52-6-32 to read as follows:
"52-6-32. No person other than a duly licensed pilot shall be entitled to receive any fee, gratuity, or reward for conducting e* piloting any vessels inward er outward front underway in the waters of any of the ports, rivers, or harbors for which pilots may be licensed under the terms of this chapter. Nothing in this Code section shall be construed as prohibiting payments being made to docking pilots for services rendered in accordance with subsec tion ipj of Code Section 52-6-45."

MONDAY, FEBRUARY 13, 1995

823

SECTION 5. Said chapter is further amended by striking Code Section 52-6-33, relating to the form of the license and the oath of the pilot, in its entirety and inserting in its place a new Code Section 52-6-33 to read as follows:
"52-6-33.
The license to a pilot must be in the form of a certificate of his appointment, which must be signed by a majority of the commissioners or by their chairman chairperson by their direction; and each pilot, on receiving his a license, shall take and subscribe an oath in the following form:
'I, A.B., appointed pilot for the port and harbor of ________________, do swear that I will faithfully, according to the best of my ability, perform the duties of a pilot in and for the port and harbor of _________________, and will at all times -- wind, weather, and health permitting -- use my best efforts to go on board every vessel I shall see and conceive to be bound for, coming into, er going out ofi or underway within said port or harbor, unless I am well assured there is some other licensed pilot on board the same; that I will, at all times, make the best dispatch in my power to convey any vessel committed to my charge coming intoi or going out ofz or underway within said port or harbor; and will at all times well and truly observe, fulfill, and follow, to the best of my skill and judgment, all such orders and directions as I may receive from the commissioners in all matters and things relating to the duty of a pilot.'"
SECTION 6. Said chapter is further amended by striking Code Section 52-6-38, relating to hearings before commissioners and enforcement of decrees and orders by execution or warrants of distress, in its entirety and inserting in its place a new Code Section 52-6-38 to read as follows:
"52-6-38.
All matters concerning the assessment of fines or penalties against pilots or other per sons, the suspension or revocation of their pilot licenses, and any other matter relating to the use, business^ or care of a pilot in any of the harbors shall be heard and deter mined by the commissioners, or a majority of them, appointed for the care of the pilotage where the violation, damage2 or dispute may arise, upon reasonable notice to the pilotj er pilotSj or other persons concerned and an opportunity for the pilotj e* pilotsz or other persons to be heard. The commissioners are authorized by their decree or order to decide and regulate every such matter, to assess fines and penalties, and to suspend or revoke licenses. They shall have the power to enforce the decree or order by execution or warrant of distress, under their hands and seals or under the hands and seals of any three of them, directed to any sheriff or constable of the county where the execution issues and commanding the sale of the offender's goods, or so much of them as may be necessary to satisfy the execution or warrant. All sales thereunder shall be made in con formity with the laws of the state in relating to sheriffs' sales. The sheriff and constable shall be liable to be ruled before the judge of the superior court as in other cases for default in duly executing such process."
SECTION 7. Said chapter is further amended by striking Code Section 52-6-42, relating to appeal to superior court, generally, in its entirety and inserting in its place a new Code Section 52-6-42 to read as follows:
"52-6-42.
In any case where a pilot is suspended or his the pilot's license is revoked or where a fine exceeding $150.00 is imposed by the commissioners on a pilot or any other person, the pilot or other person concerned may petition the judge of the superior court of the county where the judgment or sentence of the commissioners was made, setting forth on oath the circumstances of the case. A copy of the petition shall be served upon the chairman chairperson or secretary of the commissioners at least three days before the

824

JOURNAL OF THE HOUSE,

petition is presented and the commissioners shall be entitled to be heard as to whether there is sufficient ground for the allowance of an appeal. If the judge of the superior court should think there is sufficient ground for the allowance of an appeal, he such judge shall issue an order directing an issue to be made between the appellant and the commissioners, which issue shall be tried by a jury at the next term of the superior court, unless good cause is shown for a continuance. If, at the trial, a verdict should be rendered in favor of the appellant, the judge of the superior court shall order that the fine be remitted, that the suspension be canceled, or that the license be restored. Either the appellant or the commissioners may move the court for a new trial and may appeal to the Court of Appeals from the court's order entered upon the motion, as is provided by law in cases of appeal from orders granting or refusing a new trial in common-law cases."
SECTION 8. Said chapter is further amended by striking Code Section 52-6-45, relating to pilotage fees and the liability of vessels for payment of inward and outward pilotage fees, in its entirety and inserting in its place a new Code Section 52-6-45 to read as follows:
"52-6-45. Any vessel which is net exempt under the laws of the United States er this chapter fre tne pflyment OT piioto.[c ices, to wnicn trie services ot ft pilot ftre teRdered o? cmy vessel
Qcreel ? &ccepted, st& trie cftse nifty ue> TOP tne pftymcnt or the lull inwsfd &nd outwflrd piiotfle tecs tixed uy tne commissioners. Any sucn vessel wnicn c&iis trt tne oct? ot &ny
f.f 4.1.-- T-^n-i-fn ftf riyrrn nnrnPfi jrt C!niJP Qpptifvnq RO_C_jl -.-.,3 CO_p_Ol ;_ Kflllnit upplriyifr ff\f
OFclefs find wnicn docs not io&d out leflvos IR Dsiiflst Q wnicn( nflving locided trt ftfty ot
fx^od of disflDlectj witnout completing tne voyfl^ftj &nd flny sucn vessel wnicn sn&rl toucn oil tne T&df 0t flny ot sucii ports of rivers TO? instructions sn&H oe ii&Dic TO tne pilot wno
for one-half the inward and outward pilotage fees fixed by the commissioners. (a) Except as otherwise provided in this Code section, every vessel shall be under the direction and control of a pilot licensed by this state when underway in the bays, rivers, harbors, and ports of this state and the approaches thereto. (b) The requirement of subsection (a) of this Code section shall not apply to the follow ing vessels:
(1) Vessels exempted by the laws of the United States; (2) Vessels under 200 gross tons; and (3) Vessels in distress or jeopardy, except that any such vessel shall take a state licensed pilot as soon as one arrives at the vessel. (c) Nothing in this Code section shall be construed to prohibit a vessel from utilizing the services of a docking pilot in addition to the state licensed pilot required under this chapter during docking and undocking maneuvers with the assistance of one or more tugboats. The commissioners are authorized, consistent with all other requirements of this chapter, to establish by regulation or otherwise the duties, responsibilities, and fees of state licensed pilots when operating with a docking pilot aboard a vessel. (d) When the services of a docking pilot are being utilized during docking and undocking maneuvers with the assistance of one or more tugboats in accordance with subsection (c) of this Code section, the docking pilot shall be in control of such vessel."
SECTION 9. Said chapter is further amended by striking Code Section 52-6-46, relating to fees for coastwise vessels, in its entirety and inserting in its place a new Code Section 52-6-46 to read as follows:
"52-6-46. {*'OftStwise vessels wnicn ftre not exempt undci* tne lows OT tne united &tfltes trom tne

MONDAY, FEBRUARY 13, 1995

825

pay te the pilot entitled te the inward pilotage fee an annual license fee of 2& per regis tered ten; which shall exempt the vessel front the compulsory employment ef- a pHet and
vices of ft pilot Bite flcccptcd. Any vessel wnicn is IR tne port ftt wnicn sfto nets pftid cne1
apply fer a new liccnac within 96 days thereafter and; en payment ef the license fee elf jiuv per registered ton, sn&ii receive ft new license to run top ~rs montns ironf trie dftte ef the expiration ef- the eld license. Further, any coastwise vessel net exempt under the iftws of trie United Qtotes iron) trie pflyIRent of piiot&e tees wnicft is cnftngin ports Or tnis stflte snftii poy tne inwftrd piiot&^e tee dt tne inrst po?t of entry find trie outwspd

Of iR pftPt.
Reserved."
SECTION 10. Said chapter is further amended by striking Code Section 52-6-47, relating to time of pay ment of pilotage fees and security for payment, in its entirety and inserting in its place a new Code Section 52-6-47 to read as follows:
"52-6-47. A pilot bringing a vessel into port or a pilot who has tendered his or her services outside the bar to a vessel which is required under this chapter to accept the services of a pilot er te pay pilotage fees; er both, shall be entitled to the payment of his fees; both inward and outward for inward, outward, and all other movements of the vessel within the waters of the port, subject to the Commissioners' regulations, before the vessel leaves the port and may require the vessel to give adequate security therefor, to be approved by the commissioners, before the vessel leaves the port. If the payment is not made or the security is not given, no pilot shall be required to take the vessel out. The master, owner, or agent of any vessel which is in readiness to leave must, if possible, give notice of that fact to the commissioners at the port in question or to its authorized representa tive. The acceptance of security for pilotage fees shall in no way affect the lien specified in Code Section 52-6-49, given in case the fees are not paid."
SECTION 11. Said chapter is further amended by striking Code Section 52-6-49, relating to liability of master, charterer, and cargo for refusal of vessel to take pilot or pay pilot's fees, in its entirety and inserting in its place a new Code Section 52-6-49 to read as follows:
"52-6-49. When any vessel which is net exempt under the tews ef- the United States from the pay-
refuses to receive ft pilot OR DOQPC* wnen HIS services flpe tendered fts pecjuired oy ttws cnftptep or Fetuses TO pfly tne piiotfl^je tecs tixed Dy tnc commissioners) Her mflstcr And
tne tipst pilot wno n&s ottered nis services ds provided tor ^R tnis cfi&pteiik> to tne pilot

OR tne vessel &nd on ner tftcKic, ftppQpeij tufnituFe} ftnd cftpo top tne conection* of tne tees* (a) Any vessel that fails to take a pilot required under this chapter or that is operated in violation of any other requirement of this chapter or the regulations adopted by the commissioners under the authority of this chapter may be assessed a civil penalty by the commissioners in an amount not to exceed $25,000.00 per violation. Any vessel assessed such a penalty shall be liable in rem for the payment of the penalty amount. (b) The owner, charterer, managing operator, master, or individual in charge of a vessel that fails to take a pilot required under this chapter or who violates any other require ment of this chapter or the regulations adopted by the commissioners under the author ity of this chapter may be assessed a civil penalty by the commissioners in an amount not to exceed $25,000.00 per violation.

826

JOURNAL OF THE HOUSE,

(c) Any owner, charterer, managing opei m_as_te_r, o_r _in_di_v_id_ua_l _in _ch_arg_e _of _a v_e_ss_el who knowingly and willfully refuses to take a pilot required under this chapter shall be guilty of a misdemeanor. (d) Any vessel and the owner, charterer, managing operator, master, or individual in charge of the vessel that fails to take a pilot required under this chapter or that fails to pay the applicable pilotage fee when a pilot has been taken shall be liable to the first pilot who offered pilotage services, in the case of a vessel failing to take a required pilot, or to the pilot who performed the pilotage services, in the case of a vessel taking the pilot but failing to pay the pilotage fee, for the full amount of the applicable pilotage fee. The pilot is given a lien on the vessel and its tackle, apparel, and furniture for the collection of the fees. (e) The liabilities and penalties provided for in this Code section are cumulative and are in addition to any rights or remedies available to a pilot or pilots, the commissioners, or to the state under any other law."
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 52-6-54, relat ing to acting as a pilot without a license or interfering with or disturbing a licensed pilot, in its entirety and inserting in its place a new subsection (a) to read as follows:
"(a) Any person who pilots or conducts any vessel inward te or outward from underway in the waters of any of the ports bays, rivers, or harborsj or ports of this state or the approaches thereto and who has no authority or license to act as a pilot or has had such authority or license suspended or revoked shall be guilty of a misdemeanor."
SECTION 13. Subsection (d) of Code Section 52-6-45 provided for in Section 8 of this Act shall automat ically stand repealed on July 1, 1996, unless legislation has been enacted providing for the licensing of docking pilots."
SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 15. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn

Y Burkhalter Y Byrd Y Campbell N Canty Y Carter Y Chambless E Channell Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G

Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin E Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane

Y Lawrence
YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox YMann Y Martin
McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish

MONDAY, FEBRUARY 13, 1995

827

Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves

Y Reichert Roberts
Y Rogers Y Royal Y Sanders
Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling
Snow Y Stallings 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 Walker, L

Y Walker, R.L Y Wall
Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative McBee of the 88th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

House of Representatives Atlanta, Georgia 30334
Monday, Feb. 13, 1995
To: Speaker of the House Clerk of the House
I will need to leave close to noon today to attend the funeral of a family member. The funeral is at 2:00 PM in Columbus. Please lock my machine when I leave and excuse me from any votes taken during my absence.
Thank You, /s/ Ron Crews
HD78

HB 363. By Representative Royal of the 164th:
A bill to amend Code Section 36-62-6 of the Official Code of Georgia Anno tated, relating to powers of development authorities, so as to provide for additional powers with respect to the disposition of real property to the state.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the roll call was ordered and the vote was as follows:

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

Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty

Y Carter Y Chambless E Channell Y Childers Y Coker
Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford E Crews Y Culbreth Y Cummings

Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, 0 Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls

Y Felton Y Floyd Y Godbee Y Golden Y Goodwin E Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall

828

JOURNAL OF THE HOUSE,

Y Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly YLane

Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons

Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill

Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling
Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 513. By Representatives Watts of the 26th, Jenkins of the 110th, Lane of the 146th, Watson of the 139th, Carter of the 166th 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 handgun.

The following amendment was read:

Representative Holmes of the 53rd, et al. move to amend HB 513 by striking from lines 8 through 11 of page 2 the following:
"to restrict the authority of political subdivisions with respect to certain regulations of firearms but to authorize certain local regulations under certain conditions;",
and inserting in its place the following:
"to authorize certain local regulations;".
By striking from line 1 of page 10 to line 6 of page 10 the following:
(b) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in firearms components.
and inserting in its place the following:
Nothing contained in this Code section shall prohibit or preempt municipalities or coun ties, by ordinance, resolution, or other enactment, from providing for more restrictive rpeagrut.l'a"tion of firearms within their respective boundaries than provided for under this

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

MONDAY, FEBRUARY 13, 1995

829

Y Ashe N Bailey
Baker N Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush
NBuck N Buckner N Bunn N Burkhalter NByrd N Campbell Y Canty N Carter N Chambless E Channell N Childers Y Coker N Coleman, B N Coleman, T N Connell N Cox N Crawford

E Crews N Culbreth N Cummings Y Davis, G N Davis, M N Day N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon,S N Dobbs N Ehrhart YEpps N Evans N Falls N Felton N Floyd
N Godbee N Golden Y Goodwin E Greene N Grindley N Hanner N Harbin N Harris
Hart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson N Holland Y Holmes Y Howard N Hudson

Y Hugley Y Irvin Y James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston
Y Jones N Joyce NKaye N Kinnamon Y Klein NLadd N Lakly NLane N Lawrence NLee N Lewis N Lifsey NLord Y Lucas N Maddox
N Mann Y Martin Y McBee N McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J N Mosley
Mueller N O'Neal
Orrock

N Parham N Parrish N Parsons
Pelote N Perry N Pinholster Y Polak N Porter
N Poston N Powell N Purcell, A Y Purcell, B Y Randall Y Randolph NRay Y Reaves N Reichert
Roberts N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan N Shaw Y Sherrill N Shipp N Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 43, nays 125. The amendment was lost.

N Smith, W Smyre
N Snelling Snow
N Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor Y Teague N Teper Y Thomas Y Tillman N Titus Y Towery N Trense Y Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts N Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The following substitute, offered by Representative Joyce of the 1st, was read:

A BILL
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to declare that the regulation of firearms is properly an issue of general, state-wide concern; to prohibit the regulation of firearms, firearms dealers, dealers in firearms components, and gun shows by counties or municipal corporations; to provide for exceptions; to prohibit the enactment or adoption of certain ordinances or regulations; to provide that certain county and municipal ordi nances and regulations shall be void and no longer of force and effect after a certain date; 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 declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern. (b) Except as provided in this Code section, no county or municipal corporation, by zon ing or by ordinance, resolution, or other enactment, shall regulate in any manner gun

830

JOURNAL OF THE HOUSE,

shows, the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, components of firearms, firearms dealers, or dealers in fire arms components. (c) A county or municipal corporation may regulate the transport, carrying, or posses sion of firearms by employees of the local unit of government in the course of their employment with that local unit of government. (d) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads of households within the political subdivision. (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. (f) No county or municipal ordinance or regulation which was in effect on July 1, 1995, except those ordinances or regulations which may be adopted pursuant to subsection (c), (d), or (e) of this Code section, shall be of further force and effect on or after July 1, 1995. No ordinance or regulation attempting to regulate firearms in any manner, except as authorized by subsection (c), (d), or (e) of this Code section, shall be enacted or adopted by any county or municipal corporation on or after July 1, 1995."
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.
On the adoption of the Floor substitute, the roll call was ordered and the vote was as follows:

N Ashe N Bailey
Baker N Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks. T N Brown, G N Brown, J Y Brush NBuck N Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty
Carter N Chambless E Channell N Childers N Coker N Coleman, B N Coleman, T N Connell NCox N Crawtord

E Crews N Culbreth N Cummings N Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps Y Evans N Falls N Felton N Floyd N Godbee N Golden N Goodwin E Greene N Grindley N Manner N Harbin N Harris
Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley N Irvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston N Jones Y Joyce Y Kaye N Kinnamon N Klein NLadd Y Lakly NLane N Lawrence N Lee Y Lewis N Lifsey NLord N Lucas N Maddox N Mann N Martin N McBee N McCall N McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal
Orrock

N Parham N Parrish N Parsons N Pelote N Perry N Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert
Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkiield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

On the adoption of the Floor substitute, the ayes were 13, nays 155.

N Smith, W Smyre
Y Snelling Snow
N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmoreland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The Floor substitute was lost.

MONDAY, FEBRUARY 13, 1995

831

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

N Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B
Y Coleman, T Y Connell YCox Y Crawford

E Crews
Y Culbreth Y Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps N Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin E Greene Y Grindley Y Banner Y Harbin Y Harris
Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard Y Hudson

N Hugley Y Irvin
N James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein YLadd N Lakly Y Lane Y Lawrence YLee Y Lewis Y Lifsey YLord N Lucas Y Maddox YMann Y Martin
N McBee Y McCall N McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B N Randall N Randolph
Y Ray Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W N Smyre Y Snelling
Snow Y Stallings Y 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 134, nays 38. The Bill, having received the requisite constitutional majority, was passed.

HB 280. By Representative Childers of the 13th:
A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Anno tated, relating to nursing home administrators, so as to change the provisions governing the issuance of a provisional license to a nursing home administra tor licensed by an entity other than the State of Georgia.

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

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

Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd

Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon,S Y Dobbs

Y Ehrhart YEpps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden Y Goodwin E Greene Y Grindley Y Manner

832
Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon

JOURNAL OF THE HOUSE,

Y Klein Y Ladd Y Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey Y Lord Y Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan

YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling
Snow Y Stallings 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
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HR 95 and HB 440 were postponed until tomorrow.

HB 178. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 15-18-14 of the Official Code of Georgia Anno tated, relating to assistant district attorneys, so as to authorize the appoint ment of additional assistant district attorneys, subject to certain conditions; to provide for duties of assistant district attorneys with respect to rights of victims of crimes.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, so as to provide for additional duties of district attorneys; to authorize the appointment of additional assistant district attorneys, subject to certain conditions; to provide for duties of assistant district attorneys with respect to rights of victims of crimes; to provide for related matters; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding district attorneys, is amended in Code Section 15-18-6, relat ing to duties of district attorneys, by striking "and" at the end of paragraph (9), redesignating paragraph (10) as paragraph (11), and by inserting a new paragraph immedi ately following paragraph (9), to be designated paragraph (10), to read as follows:
"(10) To assist victims and witnesses of crimes through the complexities of the crimi nal justice system and ensure the victims of crimes are apprised of the rights afforded them under the law; and".

MONDAY, FEBRUARY 13, 1995

833

SECTION 2. Said article is further amended by striking subsection (b) of Code Section 15-18-14, relat ing to assistant district attorneys, and inserting in its place a new subsection (b) to read as follows:
"(b)(l} Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint as many attorneys as there are superior court judges in the circuit, excluding senior judges, to assist the district attorney in the per formance of the duties of the district attorney's office. (2) In addition to the attorneys appointed pursuant to paragraph (1) of this subsec tion and subject to available funding, the district attorney in each judicial circuit is authorized to appoint one additional attorney to assist the district attorney in the per formance of the duties of the district attorney's office. (3) In addition to all other duties set forth in this Code section and consistent with their constitutional and statutory duties, all attorneys appointed pursuant to para graphs (1) and (2) of this subsection shall act to protect the rights of victims of crimes as now or in the future may be defined by applicable law. (4) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsung Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn

Y Burkhaker
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell YCox Y Crawf'ord E Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G

YDix Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin E Greene Y Grindley Y Hanner
Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson,G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane

Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish

834

JOURNAL OF THE HOUSE,

Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Y Poston Y Powell Y Purcell, A
Y Purcell, B Y Randall Y Randolph
Y Ray Y Reaves

Y Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan Y Shaw
Y Sherrill Y Shipp Y Simpson
Sinkfield Skipper

Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Y Smith, W Y Smyre Y Snelling
Snow Y Stallings 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 Walker, L

Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 165, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 254. By Representative Parham of the 122nd:
A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Anno tated, relating to drivers' licenses, so as to provide authority for the cancella tion of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change the definition of the term "resident"; to provide that notice of a change of name or address and application for a new license is mandatory; to provide authority for the cancellation of personal identification cards; to limit the number of personal identification cards that may be held by a person to one; to provide sanctions for the unlawful use of a driver's license; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking paragraph (15) of Code Section 40-5-1 of the Official Code of Georgia Annotated, relating to definitions relative to drivers' licenses, in its entirety and inserting in lieu thereof the following:
"(15) 'Resident' means a person who has a permanent home or abode in Georgia to which, whenever 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 per son is a resident:
(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 days; provided, however, that no person shall be considered a resident for purposes of this chapter unless such person is either a United States citizen^ resident alien, an drien with UrSv Immigration and Naturalization Service employment authorization er art alien presumed te be residing in the United States ndf eeler ef tew or an alien with legal authorization from the U.S. Immigration and Naturalization Service."

MONDAY, FEBRUARY 13, 1995

835

SECTION 2. Said chapter is further amended by striking Code Section 40-5-33, relating to providing notice to the Department of Public Safety of a name or address change, in its entirety and inserting in lieu thereof the following:
"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 way shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid."
SECTION 3. Said chapter is further amended by striking Code Section 40-5-50, relating to the authority of the Department of Public Safety to cancel a driver's license, in its entirety and inserting in lieu thereof a new Code Section 40-5-50 to read as follows:
"40-5-50.
The department is authorized to cancel any driver's license or personal identification card upon determining that the licensee holder of such license or identification card was not entitled to the issuance thereof under this chapter or that the licensee failed to give the required or correct information in his the application for such license or identifica tion card."
SECTION 4. Said chapter is further amended by adding at the end of Code Section 40-5-100, relating to issuance of identification cards, a new subsection (c) to read as follows:
"(c) No person may possess more than one identification card; provided, however, that this subsection shall not be construed to prevent a resident of this state who possesses a driver's license from also possessing an identification card issued under this article. Each applicant for an identification card shall surrender any identification card or driver's license previously issued by any other state and any identification card previ ously issued by this state. Willful failure to surrender any such previous driver's license or personal identification card upon application for a new personal identification card will be considered an act of fraud and upon conviction, be punished as provided for in Code Section 40-5-125."
SECTION 5. Said chapter is further amended by striking Code Section 40-5-120, relating to the unlaw ful use of a license, in its entirety and inserting in lieu thereof a new Code Section 40-5-120 to read as follows:
"40-5-120.
It is a misdemeanor for any person to: (1) Display Te display or cause or permit to be displayed or have in his or her posses sion any canceled, revoked, or suspended; fictitioua, or fraudulently altered driver's license; (2) Fail 5% fail or refuse to surrender to the department upon lawful demand any driver's license which has been suspended, revoked, disqualified, or canceled; (3) Permit ^Pe permit any unlawful use of a driver's license issued to h such person; or (4) Do Te de any act forbidden or fail to perform any act required by this chapter for which a criminal sanction is not provided elsewhere in this chapter."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

836

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representative Mobley of the 69th moves to amend the Committee substitute to HB 254 as follows: Page 1 - line 27 add term:
"private or" before public.
The Committee substitute, as amended, was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks. T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

E Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
E Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord Y Lucas
Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling
Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 166, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Davis of the 48th gave notice that at the proper time she would move that the House reconsider its action in giving the requisite constitutional majority to HB
513.

HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th, Goodwin of the 79th and DeLoach of the 172nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the deadline for registration in certain special primaries and elections.

MONDAY, FEBRUARY 13, 1995

837

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford

E Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G Y Dix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin E Greene Y Grindley
Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston Y Jones
Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Y Randall Y Randolph YRay Y Reaves
Reichert Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkiield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling
Snow Y Stallings Y Slancil, 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
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 264. By Representative Connell of the 115th:
A resolution urging the Congress of the United States to enact legislation which would exclude the travel expenses and per diem of state legislators from income for purposes of contributions required under the federal Social Security Act and from withholding for purposes of federal income taxation.

The following amendment was read:

Representative Poston of the 3rd moves to amend HR 264 as follows: Page 1 line 24 before "travel" add:
"actually incurred and receipt verified" Line 2 after "per diem" add
"to the extent it was actually used for official travel, lodging, meals and other reimburs able expenses".

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

838

JOURNAL OF THE HOUSE,

Y Ashe Y Bailey N Baker
Bannister N Barfoot N Bargeron Y Barnard Y Barnes N Bates Y Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush N Buck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless E Channell N Childers N Coker Y Coleman, B N Coleman, T N Connell NCox Y Crawford

E Crews N Culbreth Y Cummings N Davis, G Y Davis, M Y Day N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Falls Y Felton N Floyd N Godbee N Golden N Goodwin E Greene Y Grindley
Manner N Harbin Y Harris
Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J N Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd
Y Lakly NLane N Lawrence
YLee Y Lewis
Y Lifsey NLord N Lucas N Maddox YMann N Martin
Y McBee N McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

N Parham N Parrish Y Parsons N Pelote
Perry Y Pinholster N Polak N Porter Y Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph YRay N Reaves N Reichert
Roberts Y Rogers N Royal N Sanders N Sauder
Scoggins N Shanahan Y Shaw
Sherrill Y Shipp N Simpson N Sinkfield
Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T N Smith, V

Y Smith, W N Smyre Y Snelling
Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery Y Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J N Williams, R Y Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 55, nays 111. The amendment was lost.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter

Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford E Crews Y Culbreth
Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd

Y Godbee
Y Golden Y Goodwin E Greene Y Grindley
Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley N Irvin Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston Y Jones

N Joyce YKaye Y Kinnamon Y Klein NLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp

MONDAY, FEBRUARY 13, 1995

839

Y Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W
Y Smyre Y Snelling
Snow Y Stallings 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 Walker, L Y Walker, R.I, Y Wall Y Watson Y Watts
Y Westmorland

Y Whitaker
Y White Y Wiles
Williams, B N Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 5. The Resolution, having received the requisite constitutional majority, was adopted.

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

HR 289. By Representatives Stancil of the 91st and McBee of the 88th:
A resolution recognizing Mary Sims Elliott and inviting her to appear before the House of Representatives.

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.

840

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 14, 1995

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:

Bannister Barfoot Bargeron Barnard Barnes Birdsong Bostick Breedlove Brooks, D Brooks, T Brown, G Brown, J
Buck
Buckner Bunn Burkhalter Byrd
Campbell Canty Carter Chambless Childers Coker Coleman, B Connell Cox Crawford Culbreth

Cummings Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H Ehrhart Epps Evans Felton Floyd
Greene
Grindley Harbin Hart Heard
Heckstall Hembree Henson Holland Howard Hudson Hugley Irvin James Johnson, G Johnson, J

Johnston Jones Joyce Kaye Kinnamon Ladd Lakly Lane Lawrence Lee Lewis Lifsey
Lord
Maddox Martin McBee McCall
McClinton McKinney Mills Mobley, J Mosley Mueller O'Neal Orrock Parrish Parsons Pelote

Perry Pinholster Polak Poston Powell Purcell, A Purcell, B Ray Reaves Reichert Roberts Rogers
Royal
Sanders Sauder Shanahan Shaw
Sherrill Shipp Simpson Skipper Smith, C Smith, P Smith, T Smith, V Smith, W Smyre Snelling

Snow Stallings Stancil, F Stancil, S Stanley, P Stephenson Streat Taylor Teague Thomas Tillman Titus
Trense
Twiggs Walker, L Walker, R.L Wall
Watson Watts Westmoreland White Wiles Williams, B Williams, J Williams, R Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Lucas of the 124th, Hegstrom of the 66th, Smith of the 19th, Ran dolph of the 72nd, Harris of the 17th, Jamieson of the 22nd, Mann of the 5th, Falls of the 125th, Towery of the 30th, Porter of the 143rd, Ashe of the 46th, Goodwin of the 79th, Klein of the 39th, Mobley of the 69th, Parham of the 122nd, Crews of the 78th, Godbee of the 145th, Coleman of the 142nd, Teper of the 61st, Smith of the 109th, Dixon of the 150th, Golden of the 177th, Bates of the 179th, Bordeaux of the 151st, Bailey of the 93rd, Sinkfield of the 57th, Stanley of the 50th, Baker of the 70th, Benefield of the 96th and Hanner of the 159th.
They wish to be recorded as present.

House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334

MEMORANDUM

DATE: TO: FROM:
RE:

February 14, 1995 Robert E. Rivers, Clerk William C. Randall, Chairman House Special Judiciary ROLL CALL

Please make sure that members of the House Special Judiciary Committee are marked present for today's roll call. Our meeting did not adjourn until 10:15 a.m.

TUESDAY, FEBRUARY 14, 1995

841

Thanks for your assistance. WCR/jn

House of Representatives Legislative Office Building, Room 612
Atlanta, Georgia 30334

February 13, 1995
The Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker:
I respectfully request to be excused February 14, 1995. My brother's wife is being buried at 11:00 a.m.
Thank You.
Sincerely, /s/ Ralph Johnston
RJ/lm

Prayer was offered by the Reverend James E. Swanson, Sr., Pastor, St. Mary's Road United Methodist Church, Columbus, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

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

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

842

JOURNAL OF THE HOUSE,

HB 715. By Representatives Titus of the 180th and Purcell of the 9th:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Anno tated, relating to definitions regarding state health planning, so as to include in certain definitions dialysis services and certain kidney disease treatment centers.
Referred to the Committee on Health & Ecology.

HB 716. By Representative Benefield of the 96th:
A bill to amend Article 9 of Chapter 9 of Title 46 of the Official Code of Georgia Annotated, the "Georgia Rail Passenger Authority Law," so as to provide for project approval as part of regional and state-wide transportation plans.
Referred to the Committee on Transportation.

HB 717. By Representative Benefield of the 96th:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to the permits for excess weight and dimensions, so as to authorize the commissioner to issue emergency permits for vehicles and loads in excess of 16 feet wide.
Referred to the Committee on Transportation.

HB 718. By Representative Benefield of the 96th:
A bill to amend Code Section 32-6-75.3 of the Official Code of Georgia Anno tated, relating to the application for tree trimming permits and annual renewal thereof, so as to authorize a change in the amount of the application fee in order to allow the department to recover the cost of administering the tree trimming program.
Referred to the Committee on Transportation.

HB 719. By Representatives Buckner of the 95th, Benefield of the 96th, Smith of the 109th and Lee of the 94th:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that children on probation shall maintain a passing average in school as a condi tion of probation until they have completed their probation or obtained a high school diploma or a general educational development (GED) equivalency diploma.
Referred to the Committee on Judiciary.

HB 720. By Representatives Ray of the 128th, Jenkins of the 110th, Byrd of the 170th, Day of the 153rd and Randolph of the 72nd:
A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Anno tated, relating to general provisions relative to torts, so as to provide for civil immunity for certain donors and lenders of assistive technology devices on an "as is" basis.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 14, 1995

843

HB 721. By Representative Benefield of the 96th:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to the regulation of maintenance and use of public roads gen erally, so as to change the declaration of policy; to remove certain wording within the definition of a "primary system".
Referred to the Committee on Transportation.

HB 722. By Representative Benefield of the 96th:
A bill to amend Code Section 40-14-3 of the Official Code of Georgia Anno tated, relating to the application for a permit to use speed detection devices, so as to change the name of the Division of Transportation to the Office of Traffic Operations.
Referred to the Committee on Transportation.

HB 723. By Representative Coker of the 31st:
A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions applicable to counties and municipal cor porations, so as to regulate the refusal to supply certain sanitation collection services; to provide for a definition; to require certain record keeping; to reg ulate reimbursement for unpaid charges.
Referred to the Committee on State Planning & Community Affairs.

HB 724. By Representative Coker of the 31st:
A bill to amend Code Section 16-12-80 of the Official Code of Georgia Anno tated, relating to the offense of distributing obscene materials, so as to pro vide for an increased penalty with respect to a person convicted of a third or subsequent such offense.
Referred to the Committee on Special Judiciary.

HB 725. By Representative Coker of the 31st:
A bill to amend Code Section 33-2-24 of the Official Code of Georgia Anno tated, relating to the enforcement powers of the Commissioner of Insurance, the issuance of orders, civil actions, and criminal penalties, so as to provide for certain fines to be assessed if a violation is committed flagrantly or in conscious disregard of the provisions of Title 33 or if a violation has been committed with such frequency so as to indicate a general business practice.
Referred to the Committee on Insurance.

HB 726. By Representatives Barnes of the 33rd, Simpson of the 101st and Culbreth of the 132nd:
A bill to amend Article 8 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health service provider psychologists, so as to provide for a definition; to change the provisions relating to appointment of health service provider psychologists to the staff of a medical facility or insti tution and the powers, privileges, and responsibilities thereof; to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to change the provisions relating to the use of physical restraints.
Referred to the Committee on Health & Ecology.

844

JOURNAL OF THE HOUSE,

HB 727. By Representative Barnes of the 33rd:
A bill to amend Chapter 1 of Title 7 of the Official Code of Georgia Anno tated, known as the "Financial Institutions Code of Georgia," so as to pro hibit certain self-referrals by mortgage lenders or affiliated entities thereof; to provide a short title; to provide for definitions; to provide that no mort gage lender or affiliated entity thereof shall profit, either directly or indi rectly, from any ancillary loan closing service as part of a real estate loan transaction.
Referred to the Committee on Banks & Banking.

HB 728. By Representative Smith of the 109th:
A bill to repeal specifically Code Section 16-9-58 of the Official Code of Georgia Annotated, relating to the crimes of failing to pay for certain natural products and chattels.
Referred to the Committee on Special Judiciary.

HB 729. By Representative Barnes of the 33rd:
A bill to amend Code Section 43-14-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the regulation of electrical contrac tors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term "utility con tracting".
Referred to the Committee on Industry.

HB 730. By Representatives Martin of the 47th, McKinney of the 51st and Sinkfield of the 57th:
A bill to amend an Act reincorporating and providing a new charter for the City of Atlanta, so as to change the corporate limits of the city and provide for the annexation of certain territory into the City of Atlanta.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 731. By Representative Barnes of the 33rd:
A bill to amend Chapter 34 of Title 43 of the Official Code of Georgia Anno tated, relating to physicians licensed to practice medicine in Georgia, physician's assistants, and respiratory care, so as to substantially revise the provisions relating to physicians licensed to practice medicine in Georgia; to repeal certain general provisions which are no longer applicable to the prac tice of medicine; to change the name of the Composite State Board of Medi cal Examiners to the Georgia Medical Board.
Referred to the Committee on Health & Ecology.

HB 732. By Representative Barnes of the 33rd:
A bill to amend Chapter 6 of Title 52 of the Official Code of Georgia Anno tated, relating to pilots and pilotage, so as to change the provisions relating to prescribing rules and regulations relating to pilotage fees; to change the provisions relating to qualifications; to provide not only for bar pilots licenses but to provide for qualifications, licensing, regulation, and numbers of dock ing pilots.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 14, 1995

845

HB 733. By Representatives Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 46-7-15 of the Official Code of Georgia Anno tated, relating to the requirement that motor carriers be registered and licensed, so as to prohibit a municipality or county from levying any excise, license, or occupation tax against a motor carrier of property or the equip ment or incidents of business of such carrier; to amend Title 48 of the Offi cial Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain trucks shall be subject to a flat-rate ad valorem tax.
Referred to the Committee on Ways & Means.

HR 322. By Representative Burkhalter of the 41st:
A resolution proposing an amendment to the Constitution so as to authorize the creation of an additional county in this state.
Referred to the Committee on Rules.

HR 323. By Representative Jamieson of the 22nd:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.
Referred to the Committee on State Planning & Community Affairs.

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

SB

1

SB 68

SB 137

SB 156

SB 188

SB 209

SB 210 SB 223 SB 239 SR 12 SR 15

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 200 Do Pass
Respectfully submitted, is/ Reaves of the 178th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

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

846

JOURNAL OF THE HOUSE,

HB 646 Do Pass

Respectfully submitted, M Sinkfield of the 57th
Chairman

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 316 Do Pass SB 27 Do Pass SB 201 Do Pass
Respectfully submitted, /s/ Carter of the 166th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 192 Do Pass, by Substitute HB 222 Do Pass, by Substitute HB 268 Do Pass, by Substitute
Respectfully submitted, 1st Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 640 Do Pass
Respectfully submitted, /s/ Cummings of the 27th
Chairman

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

Mr. Speaker:

TUESDAY, FEBRUARY 14, 1995

847

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 301 Do Pass HR 320 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 23 Do Pass HB 175 Do Pass, by Substitute HR 53 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 674 Do Pass HB 698 Do Pass HB 699 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 14, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 22nd Legislative Day as enu merated below:
HB 253 Certain adoptions; remove limitation on financial assistance HB 290 Cert crimes against children; pretrial discovery; depositions HB 402 Sales tax; exempt certain sales by parent-teacher organizations HB 413 Offenses bailable before judge; stalking and aggravated stalking

848

JOURNAL OF THE HOUSE,

HB 436 Corrections; create school district for incarcerated youth HB 455 Peace officers; define; incl cert co probation officers HB 462 Income tax on federal pensions; agreement with federal office HB 477 Consignment of Art Act; enact HB 552 Riding bicycles on right side of roadway; exceptions HB 559 Peach; designate as official state fruit HB 567 Sales tax exemp; additional off-road equip for forestry harvesting HB 593 Firemen's Pension; redefine insurance rating standards HB 627 Guilty but mentally ill; transfer of plea; county of arrest
HR 122 State Museum and State Library Study Commission; create HR 233 Private Lucy Matilda Gauss Bridge; designate HR 276 James Cecil Harper, Jr., Bridge; designate
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

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

HB 674. By Representative Scoggins of the 24th:
A bill to amend an Act incorporating the City of Ila in the County of Madi son, so as to change the terms of office of the mayor and councilmembers.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 698. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th, Dixon of the 150th and Mueller of the 152nd:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the provisions relating to the compensation of certain officials.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 699. By Representative Smith of the 175th:
A bill to amend an Act creating the Board of Commissioners of Camden County, so as to authorize deputy sheriffs simultaneously to hold office as members of the board of commissioners and serve as deputy sheriffs.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 3.

TUESDAY, FEBRUARY 14, 1995

849

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:

SB 89. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Code Section 48-4-64 of the O.C.G.A., relating to the acquisi tion and disposal of property by land bank authorities, so as to provide pro cedures relating to land bank authority acquisition of property at tax sales.

SB 110. By Senators Madden of the 47th, Broun of the 46th, Ray of the 19th and others:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a crime and the immediate family of the victim shall have the right to be present in court at judicial proceedings; to provide that upon motion, or upon its own motion, the court may determine the order of testi mony of witnesses where necessary to provide a fair trial.

SB 202. By Senators Gillis of the 20th, Hooks of the 14th, Edge of the 28th and oth ers:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to change and clarify the maximum duration of permits for the withdrawal, diversion, or impoundment of surface waters and ground waters; to provide factors to be considered in granting such permits.

SB 244. By Senators Henson of the 55th, Perdue of the 18th, Gillis of the 20th and Edge of the 28th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that in imposing or negotiating any civil penalty imposed for a violation of certain environmental laws, the offender's comprehensive environmental compliance program shall be taken into account as a mitigating factor; to define a certain term; to pro vide that certain information contained in environmental compliance pro grams shall be protected.

SB 263. By Senators Broun of the 46th, Madden of the 47th, Starr of the 44th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the hold ing of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner with the approval of the Fiscal Affairs Subcommittees of the Senate and House of Representatives to negotiate and execute licensing agreements or other agreements for this purpose.

850

JOURNAL OF THE HOUSE,

SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation purposes, so as to revise definitions; to provide for certain informa tion to be submitted to the Commissioner of Insurance with an application for a certificate of authority; to revise requirements for the establishment of a group self-insurance fund; to revise procedures for the admission of new members into a fund.

SB 298. By Senators Newbill of the 56th, Walker of the 22nd, McGuire of the 30th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to public assistance, so as to provide for a LEARNFARE pilot program whereby certain children included in grants of public assistance must attend school; to provide for legislative purpose; to provide for defini tions; to provide for the circumstances which constitute school attendance; to provide for verification of enrollment and school attendance; to require schools to provide school attendance information.

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

SR 40. By Senator Perdue of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, as amended, so as to conform certain commit tee designations therein to existing designations.

SR 159. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.

SR 160. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.

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

SB 224. By Senators Turner of the 8th, Broun of the 46th, Balfour of the 9th and others:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide that the holder of a long-term note secured by real estate may pass on the amount of the intangible recording tax with regard to such note to the bor rower or mortgagor.

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

TUESDAY, FEBRUARY 14, 1995

851

SB 89. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Code Section 48-4-64 of the O.C.G.A., relating to the acquisi tion and disposal of property by land bank authorities, so as to provide pro cedures relating to land bank authority acquisition of property at tax sales.
Referred to the Committee on Judiciary.

SB 110. By Senators Madden of the 47th, Broun of the 46th, Ray of the 19th and others:
A bill to amend Article 3 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to examination of witnesses, so as to provide that the victim of a crime and the immediate family of the victim shall have the right to be present in court at judicial proceedings; to provide that upon motion, or upon its own motion, the court may determine the order of testi mony of witnesses where necessary to provide a fair trial.
Referred to the Committee on Judiciary.

SB 202. By Senators Gillis of the 20th, Hooks of the 14th, Edge of the 28th and oth ers:
A bill to amend Chapter 5 of Title 12 of the Official Code of Georgia Anno tated, relating to water resources, so as to change and clarify the maximum duration of permits for the withdrawal, diversion, or impoundment of surface waters and ground waters; to provide factors to be considered in granting such permits.
Referred to the Committee on Natural Resources & Environment.

SB 224. By Senators Turner of the 8th, Broun of the 46th, Balfour of the 9th and others:
A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to intangible recording tax, so as to provide that the holder of a long-term note secured by real estate may pass on the amount of the intangible recording tax with regard to such note to the bor rower or mortgagor.
Referred to the Committee on Judiciary.

SB 244. By Senators Henson of the 55th, Perdue of the 18th and Gillis of the 20th:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that in imposing or negotiating any civil penalty imposed for a violation of certain environmental laws, the offender's comprehensive environmental compliance program shall be taken into account as a mitigating factor; to define a certain term; to pro vide that certain information contained in environmental compliance pro grams shall be protected.
Referred to the Committee on Natural Resources & Environment.

852

JOURNAL OF THE HOUSE,

SB 263. By Senators Broun of the 46th, Madden of the 47th, Starr of the 44th and others:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, so as to provide for special license plates to commemorate the hold ing of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner with the approval of the Fiscal Affairs Subcommittees of the Senate and House of Representatives to negotiate and execute licensing agreements or other agreements for this purpose.
Referred to the Committee on Appropriations.

SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th and others:
A bill to amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' com pensation purposes, so as to revise definitions; to provide for certain informa tion to be submitted to the Commissioner of Insurance with an application for a certificate of authority; to revise requirements for the establishment of a group self-insurance fund; to revise procedures for the admission of new members into a fund.
Referred to the Committee on Insurance.

SB 298. By Senators Newbill of the 56th, Walker of the 22nd, McGuire of the 30th and others:
A bill to amend Chapter 4 of Title 49 of the Official Code of Georgia Anno tated, relating to public assistance, so as to provide for a LEARNFARE pilot program whereby certain children included in grants of public assistance must attend school; to provide for legislative purpose; to provide for defini tions; to provide for the circumstances which constitute school attendance; to provide for verification of enrollment and school attendance; to require schools to provide school attendance information.
Referred to the Committee on Children and Youth.

SR 40. By Senator Perdue of the 18th:
A resolution to amend a resolution creating the Metropolitan Atlanta Rapid Transit Overview Committee, as amended, so as to conform certain commit tee designations therein to existing designations.
Referred to the Committee on State Planning & Community Affairs.

SR 159. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.
Referred to the Committee on State Institutions & Property.

SR 160. By Senators Bowen of the 13th and Ragan of the llth:
A resolution authorizing the conveyance of certain state owned real property located in Colquitt County, Georgia.
Referred to the Committee on State Institutions & Property.

TUESDAY, FEBRUARY 14, 1995

853

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

HR 301. By Representatives Byrd of the 170th, Jamieson of the 22nd and Barfoot of the 155th:
A resolution recognizing Paul Edward Anderson and inviting Glenda Anderson to appear before the House of Representatives.

HR 320. By Representative Martin of the 47th:
A resolution commending Honorable Richard G. Lane and inviting him to appear before the House of Representatives.

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

HR 325. By Representative Birdsong of the 123rd:
A resolution commending Mr. William J. "Billy" Moore and inviting him to appear before the House of Representatives.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the House, having been postponed from Monday, February 13, 1995 were taken up for consideration and read the third time:

HR 95. By Representatives Snow of the 2nd, Smith of the 174th, Stancil of the 91st, Polak of the 67th, Streat of the 167th and others:
A resolution recreating the Aged and Disabled Transportation Task Force.

The following Committee substitute was read and adopted:

A RESOLUTION
Recreating the Aged and Disabled Transportation Task Force; and for other purposes.
WHEREAS, the Aged and Disabled Transportation Task Force, created in the 1994 regu lar session of the General Assembly, was abolished effective December 31, 1994, and it is the finding and intent of the General Assembly that this task force should continue for an additional period; and
WHEREAS, in its first year of existence the committee confirmed that there is a strong need for a more efficient and effective manner of providing transportation services to those persons which the task force identified as "transportation disabled"; and
WHEREAS, the elderly and disabled populations of Georgia, particularly in rural and sub urban areas, are unable or severely limited in their ability to meet many of their basic needs due to drastically limited public and private transportation available to them; and
WHEREAS, through public forums held throughout the state, the task force determined that there is a failure of coordination of available transportation resources among the vari ous county, municipal, and state programs which results in a lessened ability to provide adequate social services to the elderly and disabled citizens of this state; and
WHEREAS, it was determined by the task force that comprehensive goal-oriented man agement of available transportation resources at the state and local levels is a key compo nent to more effective, efficient delivery of services to such persons; and

854

JOURNAL OF THE HOUSE,

WHEREAS, although the Aged and Disabled Transportation Task Force accomplished a great deal, it is necessary to recreate this body to ensure the continuation of the work it has begun in providing for creation of demonstration projects to develop community-based unified transportation systems, to provide for oversight of such projects, and to evaluate the results of such projects.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that there is created the Aged and Disabled Transportation Task Force to be com posed of 20 members as follows:
(1) Two members of the Georgia House of Representatives, including at least one mem ber of the House Transportation Committee, to be appointed by the Speaker of the House of Representatives; (2) Two members of the Georgia Senate, including at least one member of the Senate Transportation Committee, to be appointed by the Lieutenant Governor; (3) Three representatives of the Department of Human Resources to be appointed by the commissioner of human resources; (4) Two representatives of the Department of Transportation to be appointed by the commissioner of transportation; (5) One representative of the Department of Medical Assistance to be appointed by the commissioner of medical assistance; (6) Four transportation providers, two to be appointed by the commissioner of human resources, at least one of whom shall be a representative of a county or municipal gov ernment which provides transportation services, one to be appointed by the commis sioner of transportation, and one to be appointed by the commissioner of medical assistance; (7) One private citizen from the aging community to be appointed by the Georgia Coun cil on Aging; (8) One private citizen from the disability community to be appointed by the director of the Division of Rehabilitation Services of the Department of Human Resources; (9) One representative of the Georgia Municipal Association; (10) One representative of the Association County Commissioners of Georgia; (11) One representative of the Governor's Office of Planning and Budget; and (12) One representative of the Department of Administrative Services, to be appointed by the commissioner of administrative services.
BE IT FURTHER RESOLVED that the task force shall be authorized to create technical advisory committees to serve the task force in an advisory capacity.
BE IT FURTHER RESOLVED that the Lieutenant Governor shall designate one Senate appointee as a cochairperson and the Speaker of the House of Representatives shall desig nate one House appointee as a cochairperson. The cochairpersons shall call all meetings, set the agenda, and prepare the reports of the task force. Members who fail to attend or be represented by a designee at two consecutive meetings of the task force shall be removed by the cochairpersons. A vacancy in any position on the task force shall be filled in the same manner as the original appointment.
BE IT FURTHER RESOLVED that the task force is authorized to determine the number of meeting dates and hearings that shall be necessary to complete its work; provided, how ever, that the task force shall submit an interim report of its work to the Governor and the General Assembly no later than December 31, 1995, and a final report to the Governor and the General Assembly no later than December 31, 1996. The task force shall be appointed no later than ten days following the approval of this resolution by the Governor and shall hold its first meeting no later than 30 days following appointment of all mem bers. Members of the task force shall not receive compensation for their services on the task force. Legislative members of the task force shall be entitled to receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than five days. The funds necessary for the reimbursement of the expenses of any state employee shall come from funds appropriated to or otherwise availa ble to the respective department of that employee. All other support necessary to carry

TUESDAY, FEBRUARY 14, 1995

855

out the provisions of this resolution shall come from funds appropriated to or available to the Department of Human Resources. The task force shall stand abolished December 31, 1996.

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 Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks. T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y BurkhaHer YByrd Y Campbell Y Canty Y Carter
Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham
Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan Y Shaw
Sherrill Y Shipp Y Simpson
Sinkiield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V

Y Smith, W Smyre
Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
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.

HB 440. By Representatives Watson of the 139th, Walker of the 141st and Ray of the 128th:
A bill to amend Code Section 28-2-1 of the Official Code of Georgia Anno tated, relating to apportionment of the House of Representatives and qualifi cations of its members, so as to change the composition of certain House districts.

Representative Woods of the 32nd moved that further consideration of HB 440 be postponed indefinitely.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Bailey N Baker

Bannister N Barfoot N Bargeron

N Barnard N Barnes N Bates

N Benefield N Birdsong N Bordeaux

N Bostick N Breedlove N Brooks, D

856

JOURNAL OF THE HOUSE,

N Brooks, T N Brown, G Y Brown, J N Brush
N Buck N Buckner Y Bunn N Burkhalter N Byrd N Campbell N Canty N Carter N Chambless E Channell N Childers N Coker
N Coleman, B N Coleman, T N Connell N Cox
N Crawford N Crews N Culbreth N Cummings
Davis, G N Davis, M
N Day N DeLoach, B
DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs

N Ehrhart Epps
N Evans Y Falls N Felton
N Floyd N Godbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris NHart N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland
Holmes N Howard N Hudson N Hugley N Irvin N James N Jamieson N Jenkins N Johnson, G
N Johnson, J E Johnston N Jones

Y Joyce YKaye N Kinnamon N Klein NLadd N Lakly N Lane N Lawrence NLee N Lewis N Lifsey N Lord N Lucas Y Maddox N Mann N Martin N McBee N McCall N McClinton
N McKinney N Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal
Orrock N Parham N Parrish N Parsons N Pelote N Perry N Pinholster

On the motion, the ayes were 10, nays 160. The motion was lost.

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 Rogers N Royal Y Sanders N Sauder E Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W
N Smyre N Snelling

N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense
N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts N Westmorland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendments were read and adopted:

The Committee on Legislative and Congressional Reapportionment moves to amend HB 440 by inserting "116, 118, 119," between "Districts" and "128," on line 14 of page 1.
By inserting between lines 16 and 17 of page 1 the following:
"'District: 116
BURKE COUNTY VTD: 0001 ALEXANDER VTD: 0002 GIRAND VTD: 0003 GOUGH VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 165, 166, 167, 168, 169A, 189, 190, 191, 192 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 106, 107, 108A, 108B, 127, 128, 201, 202, 203, 204A, 204B, 205, 206A, 206B, 207A, 207B, 207C, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229A, 229B, 230, 231, 232A, 232B, 232C, 233, 234, 235, 236, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 271, 273, 274, 275, 276, 277, 278A, 278B, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0006 MIDVILLE VTD: 0007 MUNNERLYN VTD: 0008 SARDIS VTD: 0009 SCOTTS CROSSROAD VTD: 0010 SHELLBLUFF

TUESDAY, FEBRUARY 14, 1995

857

VTD: 0011 ST CLAIR VTD: 0012 VIDETTE VTD: 0014 NORTH WAYNESBORO VTD: 0015 SOUTH WAYNESBORO RICHMOND COUNTY VTD: 0032 86-4 (Part)
Tract: 0107.03 Block(s): 103, 104, 105, 106, 107, 108, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 149, 151, 152, 153
Tract: 0107.04 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163
Tract: 0108. Block(s): 901F
VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 237, 238, 239, 240
VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0067 FG5 (Part)
Tract: 0108. Block(s): 901D, 901G, 901H, 901J, 906, 907, 911, 912
VTD: 0068 FG6'
'District: 118
RICHMOND COUNTY VTD: 0001 1 VTD: 0003 2 VTD: 0007 3B VTD: 0008 4 (Part) Tract: 0015. Block(s): 101B, 104, 105, 106, 107, 108, 110, 202, 205, 206, 208, 209, 210, 213, 214, 301, 302, 303, 304, 310, 401, 402, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 501, 508, 510, 511, 512, 513, 515 VTD: 0009 4A VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 101, 102, 103, 105, 106, 107, 108, 109 VTD: 0032 86-4 (Part) Tract: 0107.03 Block(s): 141, 142, 143, 144, 145, 146, 147 VTD: 0048 89-3 VTD: 0049 89-4 (Part) Tract: 0105.05 Block(s): 201, 301, 601, 602, 701, 706, 714, 716, 717, 722, 723 VTD: 0050 89-5 (Part) Tract: 0105.09 Block(s): 811, 812, 813, 814, 815, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 828, 829, 830, 831, 832, 833, 835
District: 119

858

JOURNAL OF THE HOUSE,

BURKE COUNTY VTD: 0004 GREENS CUT AND FOUR POINTS (Part) Tract: 9501. Block(s): 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 117, 118, 119, 120, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297 VTD: 0005 KEYSVILLE (Part) Tract: 9502. Block(s): 101, 102, 103, 104, 105, 124, 125, 126, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 237, 238, 239, 240, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 272
RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247 VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 131 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0035 86-7 (Part) Tract: 0109.01 Block(s): 201, 202, 203, 204, 227, 228, 229, 230A, 230B, 231, 232, 233, 234, 235, 236, 341, 342, 392, 394, 395, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422A, 422B, 423, 432A, 432B, 433, 434, 435, 436, 437A, 437B, 438, 439, 440, 441, 442, 443, 444A, 444B, 445, 446, 447, 448, 449, 450 VTD: 0036 86-8 VTD: 0050 89-5 (Part) Tract: 0105.09 Block(s): 721, 722, 723, 724, 725, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 834, 836, 837 Tract: 0107.05 Block(s): 104'"

The Committee on Legislative and Congressional Reapportionment moves to amend HB 440 by striking line 14 of page 1 and inserting in lieu thereof the following:
"House Districts 4, 5, 6, 128, 139, and 141 and inserting in lieu".
By adding between lines 16 and 17 of page 1 the following:
'"District: 4
WHITFIELD COUNTY VTD: 0005 5A VTD: 0006 6A VTD: 0009 COHUTTA VTD: 0011 EASTSIDE VTD: 0013 GROVELEVEL

TUESDAY, FEBRUARY 14, 1995

859

VTD: 0014 LOWER TENTH VTD: 0016 NINTH VTD: 0017 PLEASANT GROVE VTD: 0019 TRICHUM VTD: 0020 TUNNEL HILL VTD: 0021 UPPER TENTH VTD: 0022 VARNELL
District: 5
WHITFIELD COUNTY VTD: 0001 1A VTD: 0002 2A VTD: 0003 3A VTD: 0004 4A VTD: 0007 ANTIOCH VTD: 0008 CARBONDALE VTD: 0010 DUG GAP VTD: 0012 FINCHER VTD: 0015 MILL CREEK AND WESTSIDE VTD: 0018 TILTON
District: 6
MURRAY COUNTY FANNIN COUNTY
VTD: ZZZZ VTD's not defined (Part) Tract: 9501. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220B, 221, 222, 223, 224, 225, 226, 227, 229B, 230B, 231, 232B, 234B, 235B, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 263B Tract: 9502. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116A, 116B, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 127C, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161A, 161B, 162, 163A, 163B, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201A, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220B, 220C, 221, 222, 223, 224, 225, 226, 227, 301, 302, 303, 304, 305, 306, 307, 308A, 308B, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323A, 323B, 324, 325, 326, 327A, 327B, 328A, 328B, 329A, 329B, 330A, 330B, 331A, 331B, 332, 333, 334, 335, 336, 337, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575 Tract: 9503.98 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166,

860

JOURNAL OF THE HOUSE,

167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278 Tract: 9504. Block(s): 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117D, 118, 119, 120, 121, 122, 123, 142, 145B, 145C, 146B, 147, 148, 149, 150, 151, 152, 153, 154B, 155, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241B, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264B, 265, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 433B, 434B, 435, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 450, 451'".

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsung Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G N Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T
Y Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis. M YDay
Y DeLoach, B Y DeLoach, G
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans N Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Y Hart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson,G Y Johnson, J E Johnston Y Jones N Joyce N Kaye Y Kinnamon
Y Klein YLadd N Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas N Maddox
YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal N Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith. P Y Smith, T N Smith, V

Y Smith, W Y Smyre N Snelling Y Snow Y Stallings 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 Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams. R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 156, nays 16.
The Bill, having received the requisite constitutional majority, was passed, amended.

By unanimous consent, HB 440 was ordered immediately transmitted to the Senate.

TUESDAY, FEBRUARY 14, 1995

861

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

HB 593. By Representative Cummings of the 27th:
A bill to amend Code Section 47-7-1 of the Official Code of Georgia Anno tated, relating to definitions relative to the Georgia Firemen's Pension Fund, so as to change a certain definition.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates
Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J E Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers
Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Watson Y Watts Y Westmoreland Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was

HR 233. By Representative Streat of the 167th: A resolution designating the Private Lucy Matilda Gauss 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:

862

JOURNAL OF THE HOUSE,

Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux
Bostick Y Breedlove Y Brooks, D
Y Brooks, T
Brown, G
Y Brown, J
Y Brush
Y Buck Y Buckner
Bunn Y Burkhalter
Y Byrd Y Campbell Y Canty
Y Carter Y Chambless E Channel!
Y Childers Y Coker Y Coleman, B Y Coleman, T
Y Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G
Y Davis, M YDay Y DeLoach, B
Y DeLoach, G
Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden Y Goodwin
Greene Y Grindley
Y Manner Y Harbin
Harris
YHart Y Heard Y Heckstall Y Hegstrom
Y Hembree
Y Henson
Y Holland Y Holmes Y Howard
Y Hudson

Y Huglev Y Irvin
Y James Y Jamieson
Y Jenkins Johnson, G
Y Johnson, J
E Johnston Jones
Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly
YLane
Lawrence Y Lee
Y Lewis
Y Lifsey
YLord
Y Lucas
Maddox
Y Mann
Y Martin Y McBee Y McCall
Y McClinton Y McKinney Y Mills Y Mobley, B
Y Mobley, J Mosley
Y Mueller Y O'Neal
Orrock

Y Parham
Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield
Y Skipper
Smith, C
Y Smith, C.W Y Smith, L
Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W Smyre
Y Snelling
YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall
Watson Y Watts
Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 154, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HR 276. By Representative Streat of the 167th: A resolution designating the James Cecil Harper, Jr., Bridge.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner
Bunn

Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker
Coleman, B Y Coleman, T Y Connell YCox
Y Crawford Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G

YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene
Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce YKaye Y Kinnamon
Y Klein Y Ladd Y Lakly YLane

Y Lawrence YLee Y Lewis Y Lifsey Y Lord
Lucas Maddox
Y Mann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish

TUESDAY, FEBRUARY 14, 1995

863

Y Parsons
Y Pelote
Y Perry
Y Pinholster
Y Polak Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves

Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw
Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper

Y Smith, C Y Smith, C.W Y Smith, L
Y Smith, P
Y Smith, T
Y Smith, V
Y Smith, W Smyre
Y Snelling YSnow Y Stallings 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 Walker, L

Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 552. By Representatives Teague of the 58th, Powell of the 23rd, Yates of the 106th, Benefield of the 96th, Cummings of the 27th and others:
A bill to amend Code Section 40-6-294 of the Official Code of Georgia Anno tated, relating to riding on roadways and bicycle paths, so as to provide for exceptions to the requirement that a bicycle shall ride as near to the right side of the roadway as practicable.

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 Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates
Benefield Y Birdsong
Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T
Brown, G
Y Brown, J
Y Brush
Y Buck
Y Buckner Y Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless
E Channell Y Childers Y Coker Y Coleman, B
Y Coleman, T
Y Connell
YCox Y Crawford

Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M
YDay Y DeLoach, B
Y DeLoach, G YDix
Y Dixon, H
Y Dixon, S
Y Dobbs
Y Ehrhart Y Epps Y Evans Y Falls
Felton Y Floyd
Godbee
Y Golden
Y Goodwin Y Greene
Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard
Y Heckstall Y Hegstrora Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J E Johnston Y Jones Y Joyce YKaye
Y Kinnamon Y Klein YLadd Y Lakly
YLane
Y Lawrence Lee
Y Lewis Y Lifsev YLord
Lucas Maddox
YMann
Y Martin Y McBee Y McCall Y McClinton
McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley
Y Mueller Y O'Neal
Orrock

Y Parham
Y Parrish Y Parsons Y Pelote
Y Perry
Y Pinholster Y Polak
Porter
Y Poston
Y Powell Y Purcell, A
Y Purcell, B Randall
Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers
Royal
Y Sanders
Y Sauder
E Scoggins
Y Shanahan
NShaw
Y Sherrill
Y Shipp
Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
Smith, P
Y Smith, T
Y Smith, V

On the passage of the Bill, the ayes were 159, nays 1.

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L YWall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

864

JOURNAL OF THE HOUSE,

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

HB 567. By Representatives Floyd of the 138th, Royal of the 164th, Hudson of the 156th, Streat of the 167th and Holland of the 157th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to revise and change an exemption with respect to the sale or use of certain off-road equipment and related attachments; to provide for additional qualified equipment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 118, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 455. By Representative Coker of the 31st:
A bill to amend Code Section 35-8-2 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Georgia Peace Officer Stan dards and Training Act," so as to include certain employees of county probation systems within the definition of the term "peace officer".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 117, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 559. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Ray of the 128th and James of the 140th:
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 peach as the official state fruit.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 290. By Representative Poston of the 3rd:
A bill to amend Article 9 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial discovery in criminal cases, so as to provide the opportunity to the prosecuting attorney to take depositions of physicians whose testimony is relevant to the case for use at trial against a defendant charged with certain crimes against children.

The following Committee substitute was read and adopted:

TUESDAY, FEBRUARY 14, 1995

865

A BILL
To amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions to preserve testimony in criminal proceedings may be taken, so as to pro vide the opportunity to the prosecuting attorney or counsel for the defendant to take the deposition of a physician in child abuse and molestation cases to be used at trial; to pro vide for related matters; to provide for an effective date and applicability; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depo sitions to preserve testimony in criminal proceedings may be taken, is amended by striking subsections (a), (b), and (c) and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a)l) 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 prospec tive 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. (2) At any time after a law enforcement agency has begun an investigation of allega tions of child molestation, aggravated child molestation, or the physical or sexual abuse of a child, the district attorney or counsel for a person who has been accused of such offense shall be allowed to take the deposition of any physician whose testi mony is relevant to the investigation as provided in this article. (b) The court shall not order the taking of the witness's testimonyj except as provided in paragraph (2) of subsection (a) of this Code Section, unless it appears to the satisfac tion of the court that the testimony of the witness is material to the case and the wit ness: (1) Is in eminent imminent danger of death; (2) Has been threatened with death or great bodily harm because of the witness's sta tus 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^ or a physician as provided in paragraph (2) of subsection (a) of this Code section, 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 con tacted; (4) That the testimony of the witness is material to the case or that the witness is a physician as provided in paragraph (2) of subsection (a) of this Code section; and (5) The basis for taking the deposition as provided in subsection (b) of this Code sec tion."
SECTION 2. This Act shall become effective on July 1, 1995, and shall apply to all cases filed on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnard Y Barnes Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Y Brooks, T Brown, G
Y Brown, J Brush Buck Buckner
Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless
E Channell Childers
Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth
Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Y Floyd
Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin ' Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J E Johnston
Jones Y Joyce Y Kaye Y Kinnamon
Klein Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas
Maddox YMann
Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
N Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simp&on Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow
Y Stallings Y Stancil, F
Stancil, S Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper
Y Thomas Y Tillman
Titus Towery Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland
Y Whitaker Y White
Wiles Y Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 139, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Cummings of the 27th and Buck of the 135th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

HB 462. By Representatives Watson of the 139th, Walker of the 141st, Skipper of the 137th, Connell of the 115th, Culbreth of the 132nd and others:
A bill to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to require the state revenue commissioner to enter into a federal agreement with respect to withholding of state income taxes on benefits paid to certain annu itants.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 14, 1995

867

HB 627. By Representatives Chambless of the 163rd, Martin of the 47th, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide for the transfer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant.

The following Committee substitute was read and adopted:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, so as to provide for the transfer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant and the district attorney in each county; to provide for transmittal of papers and prosecution; to provide for situations where there are certain pleas after transfers; to prohibit certain uses of defendant's state ments; to substantially change the provisions relating to discovery in felony cases; to change the provisions relating to the applicability of certain discovery provisions to felony cases; to change the provisions relating to the right of the defendant to copies of state ments given before or after arrest, statements of coconspirators, and reports of physical or mental examinations and scientific tests or experiments; to change certain provisions relating to the timing of disclosures; to repeal certain provisions relating to the demand requirement; to repeal certain requirements relating to the furnishing of social security numbers of witnesses; to change the provisions relating to the applicability of certain dis covery provisions pertaining to misdemeanor cases; to clarify the meaning of certain provi sions; to change the provisions relating to alibi witnesses; to change the provisions relating to statements of witnesses; to change the provisions relating to lists of names and informa tion concerning witnesses; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding at the end of Chapter 2, relating to jurisdiction and venue in criminal cases, a new Code Section 17-2-4 to read as follows:
"17-2-4.
(a) A defendant arrested, held, or present in a county other than that in which an indictment or accusation is pending against that defendant may state in writing a wish to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere; to waive trial in the county in which the indictment or accusation is pending; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the district attorney for each county. Upon receipt of the defendant's statement and the written approval of the district attorney for each county, the clerk of the court in which the indictment or accusation is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the pros ecution shall continue in that county. (b) A defendant arrested, held, or present in a county other than the county in which a complaint or arrest warrant is pending against that defendant may state in writing a

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wish to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere; to waive venue and trial in the county in which the complaint or warrant was issued; and to consent to disposition of the case in the county in which the defendant was arrested, held, or present, subject to the approval of the district attorney for each county. Upon receipt of the defendant's statement and the written approval of the dis trict attorney for each county, the clerk of the court in which the complaint or arrest warrant is pending shall transmit the papers in the proceeding or certified copies thereof to the clerk of the court for the county in which the defendant was arrested, held, or present, and the prosecution shall continue in that county. (c) If after the proceeding has been transferred pursuant to subsection (a) or (b) of this Code section the defendant pleads not guilty or not guilty by reason of insanity, the clerk shall return the papers to the court in which the prosecution was commenced and the proceeding shall be restored to the docket of that court. A defendant's statement that the defendant wishes to plead guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere shall not be used against the defendant."
SECTION 2. Said title is further amended by striking in its entirety Article 1 of Chapter 16, relating to definitions and discovery in felony cases, and inserting in lieu thereof a new Article 1 to read as follows:
"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 con tained 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 per mits, 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 autho rize discovery or inspection of attorney work product. (d) This article shall apply also to all criminal cases in which at least one felony offense is charged which was docketed, indicted, or in which an accusation was returned prior to January lj 1995, if both the prosecuting attorney and the defendant agree in writing that the provisions of this article shall apply to the case.
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 supple mented pursuant to the other provisions of this article.

TUESDAY, FEBRUARY 14, 1995

869

17-16-4.

cuting attorney shall, no later than ten days prior to trial, or sooner if ordered fey the at such time as the court orders, 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 sub stance 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 prosecut ing 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 interroga tion 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. The prosecuting attorney shall also disclose to the defendant the substance of any other relevant written or oral statement made by the defendant while in cus
tody, whether or not in response to interrogation. 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 corpora tion, partnership, association, or labor union, the court may grant the defendant, upon
its motion, discovery of any similar such statement of any witness who was: (A) At the time of the statement, so situated as an officer or employee as to have been legally able to bind the defendant in respect to conduct constituting the offense; or (B) At the time of the offense, personally involved in the alleged conduct constitut
ing 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) The Upon written request ef a defendant at er prior te arraignment, e* at such
time as the court permits, th prosecuting attorney shall, no later than ten days prior to trial, or sooner if as otherwise 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) The Upon written request ef a defendant at er per te arraignment, e* at stick
time as the court permits, the prosecuting attorney shall, no later than ten days prior to trial, or seener if as otherwise 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 prosecu tion and are intended for use by the prosecuting attorney as evidence in the prosecution's case-in-chief 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. \*/ ins Upon written request 01 fl deiencicint trt or prior to flppfli^nmcntj OF ftr 9U.cn tie as the court permits, the prosecuting attorney shall, no later than ten days prior
to trial, or sooner if as otherwise 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-inchief or in rebuttal. Nothing in this Code section shall require the disclosure of any

870

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material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any victim or witness other than the report or summary described in this subsection. (b)(l) The 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 prosecut ing 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) The 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 attor ney 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 scien tific tests or experiments, including a summary of the basis for the expert opinion ren dered in the report, or copies thereof, within the possession or control of the defendant which the defendant intends to introduce as evidence in the defense's case in-chief or rebuttal. 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 other than the report or summary described in this subsection. (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 pre served 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- prier te by the prosecuting attorney within ten days after arraignment, or at such time as the court permits, ef the prosecuting attorney stat ing 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 unless previously supplied. (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 unless previously supplied.

TUESDAY, FEBRUARY 14, 1995

871

(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 sub stantial threat of physical or economic harm to a witness, the court may grant an excep tion 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 pros ecuting 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 defend ant 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 contin uance, or, upon a showing of prejudice and bad faith, prohibit the defendant from intro ducing the evidence not disclosed or presenting the witness not disclosed, or may enter such other order as it deems just under the circumstances. The court may specify the time, place, and manner of making the discovery, inspection, and interview and may pre scribe such terms and conditions as are just.
17-16-7.
No later than ten days prior to trial or at such time as the court permits, or at the time of any post-indictment pretrial evidentiary hearing other than a bond hearing, the prose cution or the defendant shall produce for the opposing party any statement of any wit ness 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 the witness that the party in posses sion, custody, or control of the statement intends to call as a witness at trial or at such post-indictment pretrial 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 pros ecuting 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 num bers 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. The defendant's attorney need not include in the defendant's witness list the names of witnesses already listed on the prosecution's witness list.
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 reim bursement."
SECTION 3. Said title is further amended by striking in its entirety Code Section 17-16-20, relating to the applicability of Article 2 of this chapter to misdemeanor cases, and inserting in lieu thereof a new Code Section 17-16-20 to read as follows:

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"17-16-20. The provisions of this article shall apply only to misdemeanor cases or to felony cases docketed, indicted, or in which an accusation was returned prior to January 1^ 1995."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 130, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 477. By Representatives Teper of the 61st, Watson of the 139th and Ray of the 128th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title.

The following amendment was read and adopted:

Representatives Cox of the 160th and Teper of the 61st move to amend HB 477 as follows: Page 2, line 4 - strike the period and add after "auction":
, and other than a non-profit organization.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 130, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 122. By Representatives Walker of the 141st and McBee of the 88th:
A resolution re-creating the Georgia State Museum and State Library Study Commission.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 126, nays 3.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 253. By Representatives Taylor of the 134th, Hugley of the 133rd, Purcell of the 147th and Sinkfield of the 57th:
A bill to amend Code Section 49-5-8 of the Official Code of Georgia Anno tated, relating to the powers and duties of the Department of Human Resources with respect to programs and services for children, so as to remove the 75 percent limit on the amount of financial assistance which the depart ment is authorized to provide to families adopting certain hard-to-place chil dren to cover the cost of boarding such children.

TUESDAY, FEBRUARY 14, 1995

873

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and services for children, so as to remove the 75 percent limit on the amount of financial assistance which the department is authorized to provide to families adopting certain hard-to-place children to cover the cost of boarding such children; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with respect to programs and services for children, is amended by striking subparagraph (F) of paragraph (7) of subsection (a) of said Code section and inserting in lieu thereof a new subparagraph (F) to read as follows:
"(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 dif ficult 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 limit on financial assistance shall not apply to financial assistance paid for boarding such child. 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;".
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 122, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 413. By Representative Mueller of the 152nd:
A bill to amend Code Section 17-6-1 of the Official Code of Georgia Anno tated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, so as to provide that the offenses of stalking and aggravated stalking shall be bailable only before a judge of the superior court; to provide that certain persons convicted of aggravated stalking shall not be granted an appeal bond.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to bail able offenses, procedure for establishing bail, and appeal bonds, so as to provide that the offense of aggravated stalking shall be bailable only before a judge of the superior court;

874

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to provide that certain persons convicted of aggravated stalking shall not be granted an appeal bond; 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 17-6-1 of the Official Code of Georgia Annotated, relating to bailable offenses, procedure for establishing bail, and appeal bonds, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) The following offenses are bailable only before a judge of the superior court: (1) Treason; (2) Murder; (3) Rape; (4) Aggravated sodomy; (5) Armed robbery; (6) Aircraft hijacking and hijacking a motor vehicle; (7) Aggravated child molestation; (8) Manufacturing, distributing, delivering, dispensing, administering, selling, or pos sessing with intent to distribute any controlled substance classified under Code Sec tion 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; find (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 kidnap ping, arson, aggravated assault, burglary, or one or more of the offenses listed in para graphs (1) through (9) of this subsection; and; (11) Aggravated stalking."
SECTION 2. Said Code section is further amended by striking in its entirety subsection (g) and insert ing in lieu thereof the following:
"(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, traf ficking in cocaine or marijuana, aggravated stalking, 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 spec ifies."
SECTION 3. This Act shall be applicable to acts committed on or after July 1, 1995.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

TUESDAY, FEBRUARY 14, 1995

875

HB 436. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:
A bill to amend Chapter 2 of Title 42 of the Official Code of Georgia Anno tated, relating to the Board and Department of Corrections, so as to autho rize the creation of a special school district for school age youth; to provide that the commissioner of corrections shall serve as superintendent of schools for such special school district; to provide that the Board of Corrections shall serve as the board of education and shall establish education standards for such special school district.

The following amendment was read and adopted:

The Committee on State Institutions and Property moves to amend HB 436 by adding between lines 18 and 19 of page 2 the following:
"(b) The effect of subsection (a) of this Code section shall not be to provide state funds to the special school district under the department through Part 4 of Article 6 of Chap ter 2 of Title 20."
By striking from line 19 of page 2 the following: "(b)"
and inserting in lieu thereof the following: "(c)".

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 Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T

Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G
Y Johnson, J E Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall

Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers
Royal Y Sanders Y Sauder E Scoggins Y Shanahan

YShaw
Y Sherrill Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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

876

JOURNAL OF THE HOUSE,

Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts Y Westmorland

Y Whitaker

Williams, B

Y White

Y Williams, J

Y Wiles

. Y Williams, R

Y Woods Y Yates
Murphy, Spin-

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

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

WEDNESDAY, FEBRUARY 15, 1995

877

Representative Hall, Atlanta, Georgia Wednesday, February 15, 1995

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 Bannister Barfoot Bargeron Barnard Bates Benefield Birdsong Bostick Brooks, T Brown, G
Brown, J
Brush
Buck Bunn
Burkhalter
Byrd Campbell Canty
Carter Chambless
Childers
Coker
Coleman, B Connell Crawford Crews Culbreth

Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Falls Felton
Floyd Godbee
Good win Greene Grindley
Harbin
Harris
Hart Heard Heckstall Hembree Henson Holland Howard Hudson

Hugley Irvin
James
Johnson, G
Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord
Maddox
Mann
Martin McBee McCall McKinney Mills Mobley, B Mosley O'Neal

Or rock Parrish
Parsons
Pelote
Perry
Pinholster Polak Poston Purcell, A Purcell, B Randall Randolph Ray Reaves Reichert Roberts
Rogers
Royal
Sanders Sauder Shanahan Shaw Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, T

Smith, V Smith, W Snelling Stallings Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Thomas Tillman Titus Trense
Walker, L
Walker, R.L Wall
Watts
Westmoreland Whitaker
White
Wiles
Williams, B
Williams, J
Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Mobley of the 86th, Mueller of the 152nd, Hanner of the 159th, Snow of the 2nd, Brooks of the 103rd, Teper of the 61st, Bailey of the 93rd, Hegstrom of the 66th, Bordeaux of the 151st, Parham of the 122nd, Buckner of the 95th, Turnquest of the 73rd, Lucas of the 124th, Williams of the 114th, Towery of the 30th, Cummings of the 27th, Powell of the 23rd, Golden of the 177th, Teague of the 58th, Yates of the 106th, McClinton of the 68th, Barnes of the 33rd, Simpson of the 101st, Baker of the 70th, Sinkfield of the 57th, Shipp of the 38th, Watson of the 139th, Smyre of the 136th and Jenkins of the 110th.
They wish to be recorded as present.

Prayer was offered by the Reverend Warren Moorhead, Pastor, First Baptist Church, Trion, 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.

878

JOURNAL OF THE HOUSE,

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

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

HB 734. By Representatives Porter of the 143rd, Jamieson of the 22nd and Parham of the 122nd:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Anno tated, relating to general powers and duties of the State Structural Pest Con trol Commission, so as to provide for appropriate examinations for applicants.
Referred to the Committee on Industry.

HB 735. By Representative Jones of the 71st:
A bill to amend Code Section 12-8-39 of the Official Code of Georgia Anno tated, relating to cost reimbursement fees and surcharges relative to the use of municipal solid waste disposal facilities, so as to increase a certain fee.
Referred to the Committee on Natural Resources & Environment.

HB 736. By Representative Wiles of the 34th:
A bill to amend Code Section 9-14-47 of the Official Code of Georgia Anno tated, relating to the time for answer and a hearing on a petition for habeas corpus by a person under sentence of court, so as to provide that a court shall give absolute priority to any habeas corpus petition submitted for a person sentenced to the penalty of death.
Referred to the Committee on Judiciary.

HB 737. By Representative Woods of the 32nd:
A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Anno tated, relating to juvenile proceedings and parental rights, so as to revise such chapter extensively.
Referred to the Committee on Judiciary.

HB 738. By Representative Greene of the 158th:
A bill to amend an Act creating a new charter for the City of Lumpkin, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 15, 1995

879

HB 739. By Representatives Brown of the 117th, Hart of the 116th, Howard of the 118th, Lucas of the 124th, Smyre of the 136th and others:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create the Georgia Institute for Community Economic Development.
Referred to the Committee on Industry.

HB 740. By Representatives Twiggs of the 8th, Murphy of the 18th, Parham of the 122nd, Mobley of the 86th, Coleman of the 142nd and others:
A bill to amend Article 1 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety in general, so as to provide that the commissioner of public safety shall be the chief law enforcement officer of the state for the purpose of providing law enforce ment, public safety, and security services in connection with any Olympic Games conducted in the State of Georgia.
Referred to the Committee on Public Safety.

HB 741. By Representative Barnard of the 154th: A bill to provide a new charter for the City of Hagan.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 742. By Representative Cox of the 160th:
A bill to amend Code Section 15-12-71 of the Official Code of Georgia Anno tated, relating to the duties of grand juries, so as to provide that if the offices of the district attorney are in a county other than the county in which the grand jury is empaneled, inspection of such offices shall be optional.
Referred to the Committee on Judiciary.

HB 743. By Representative Cummings of the 27th:
A bill to amend Code Section 47-10-65 of the Official Code of Georgia Anno tated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a mem ber must make contributions for spouses' benefits.
Referred to the Committee on Retirement.

HB 744. By Representatives Randall of the 127th, Martin of the 47th, Hart of the 116th, Turnquest of the 73rd, Brown of the 117th and others:
A bill to amend Part 4 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosures on personalty, so as to provide for report of the sale of a motor vehicle on foreclosure and confirma tion and approval by the superior court before action to obtain a deficiency judgment.
Referred to the Committee on Judiciary.

880

JOURNAL OF THE HOUSE,

HB 745. By Representatives Culbreth of the 132nd, Williams of the 114th, Shipp of the 38th and Childers of the 13th:
A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Anno tated, relating to individual accident and sickness insurance, and Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide for legislative find ings; to provide that accident and sickness insurance policies shall be required to provide coverage for child wellness services for any insured child from birth through the age of five years.
Referred to the Committee on Insurance.

HB 746. By Representative Smith of the 109th:
A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Board of Registration for Land Surveyors and to provide for the registration and regulation of land surveyors by such board; to delete the provisions of Chapter 15 of such title relating to land surveyors; to provide for the State Board of Registration for Professional Engineers.
Referred to the Committee on Industry.

HB 747. By Representatives Brooks of the 103rd, Buckner of the 95th and Hugley of the 133rd:
A bill to amend Code Section 15-11-90 of the Official Code of Georgia Anno tated, relating to the placement of a child following an order terminating parental rights, custodial authority, and placement review, so as to change the requirement for search for a family member for placement after parental rights are terminated; to provide a list of relatives who shall be considered for placement.
Referred to the Committee on Judiciary.

HB 748. By Representative Polak of the 67th:
A bill to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the joint county and municipal sales and use tax, so as to change the definition of a qualified municipality with respect to such tax; to provide for the powers, duties, and authority of the Depart ment of Community Affairs with respect thereto; to provide for a revised def inition of "qualified municipality" in each county in this state whose boundary is conterminous.
Referred to the Committee on Ways & Means.

HB 749. By Representative Holmes of the 53rd:
A bill to amend an Act entitled "An Act to Continue the Fulton County School Employees Pension Fund," so as to provide a minimum pension amount; to provide that spouses' benefits shall continue after the remarriage of the spouse.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, FEBRUARY 15, 1995

881

HB 750. By Representative Polak of the 67th:
A bill to amend Chapter 4 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of minors, so as to provide for the designation and appointment of standby guardians and successor standby guardians for the persons or property of minor children or children likely to be born; to provide for writings, witnesses, proof, and prima facie validity of such desig nations.
Referred to the Committee on Judiciary.

HB 751. By Representative Childers of the 13th:
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 manner of filling such vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 752. By Representatives Byrd of the 170th, Watts of the 26th, Smith of the 169th, Trense of the 44th, Barnes of the 33rd and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary and secondary education, so as to recognize parental authority and control over children's education and upbringing; to provide for written parental consent and school system disclosure concerning certain types of student assessments; to provide for disclosure of information regarding student records.
Referred to the Committee on Education.

HB 753. By Representative Shanahan of the 10th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 754. By Representatives Lakly of the 105th, Westmoreland of the 104th, Poston of the 3rd and Dix of the 76th:
A bill to amend Code Section 48-5-42.1 of the Official Code of Georgia Anno tated, relating to the personal property tax exemption for property valued at less than $500.00, so as to increase the amount of such exemption.
Referred to the Committee on Ways & Means.

HR 324. By Representatives Walker of the 141st, Royal of the 164th, Scoggins of the 24th, McBee of the 88th and Jamieson of the 22nd:
A resolution creating the Georgia Future Communities Commission.
Referred to the Committee on Rules.

HR 326. By Representatives Mann of the 5th, Kaye of the 37th, Coleman of the 142nd, Irvin of the 45th and Walker of the 141st:
A resolution encouraging sincerity in the House of Representatives.

882

JOURNAL OF THE HOUSE,

House of Representatives Legislative Office Building, Room 404
Atlanta, Georgia 30334
2/14/95
Mr. Clerk:
Pursuant to Rule 52, I'd like to serve notice that at the appropriate time, I will move to engross the House Resolution authored by Rep. Harold Mann (LC 19 2438).
/s/ Mitchell Kaye
Referred to the Committee on Rules.

HR 327. By Representatives Greene of the 158th, Porter of the 143rd, Coleman of the 142nd, Cummings of the 27th and Parrish of the 144th:
A resolution creating the House State Buildings Study Committee.
Referred to the Committee on Rules.

HR 328. By Representative Cox of the 160th:
A resolution proposing an amendment to the Constitution so as to provide that total divorces may be granted in proper cases by the superior court; that in all petitions for divorce and permanent alimony, the judge shall hear and determine all issues of law and of fact and other issues raised in the plead ings; and that in appropriate cases, the presiding judge may, in the judge's discretion, direct that the case or some of the issues therein be tried by the court and a jury of six persons.
Referred to the Committee on Judiciary.

HR 329. By Representative Cox of the 160th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to prescribe juries of six persons in all civil cases in all courts.
Referred to the Committee on Judiciary.

HR 330. By Representative Cox of the 160th:
A resolution proposing an amendment to the Constitution so as to provide that the court shall render judgment without the verdict of a jury in all mis demeanor cases in which the maximum possible period of confinement is less than six months.
Referred to the Committee on Judiciary.

HR 331. By Representatives Brooks of the 54th, Teague of the 58th, Hugley of the 133rd, Taylor of the 134th, Heard of the 89th and others:
A resolution proclaiming the month of March as "Voting Rights Participa tion and Voter Registration Month" in the State of Georgia.
Referred to the Committee on Rules.

WEDNESDAY, FEBRUARY 15, 1995

883

HR 332. By Representatives Godbee of the 145th and Lane of the 146th:
A resolution honoring Paul E. Nessmith and designating a portion of U.S. Highway 25 as the "Paul E. Nessmith Parkway".
Referred to the Committee on Transportation.

HR 333. By Representatives Pelote of the 149th, Shanahan of the 10th, Smith of the 12th, Thomas of the 148th, Teper of the 61st and others:
A resolution urging the Safety Fire Commissioner to alert the public to the danger of carbon monoxide poisoning.
Referred to the Committee on Insurance.

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

HB 715 HB 716 HB 717 HB 718 HB 719 HB 720 HB 721 HB 722 HB 723 HB 724 HB 725 HB 726 HB 727 HB 728 HB 729 HB 730

HB 731 HB 732 HB 733 HR 322 HR 323 SB 89 SB 110 SB 202 SB 224 SB 244 SB 263 SB 286 SB 298 SR 40 SR 159 SR 160

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 134 Do Pass, by Substitute HB 154 Do Pass, by Substitute
Respectfully submitted, /s/ Godbee of the 145th
Chairman

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

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

884

JOURNAL OF THE HOUSE,

HB 369 Do Pass, by Substitute

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 495 Do Pass, by Substitute HB 498 Do Pass, by Substitute HB 563 Do Pass, by Substitute
Respectfully submitted, Is/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 236 Do Pass HR 303 Do Pass HR 318 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 300 Do Not Pass HB 315 Do Pass, by Substitute HB 560 Do Pass, by Substitute
Respectfully submitted, /s/ Randall of the 127th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

WEDNESDAY, FEBRUARY 15, 1995

885

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 437 Do Pass, by Substitute HR 298 Do Pass SB 229 Do Pass

SR 19 Do Pass SR 113 Do Pass SR 118 Do Pass

Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 258 Do Pass, by Substitute SB 259 Do Pass, by Substitute SB 260 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:

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

HB 399 Do Pass HB 417 Do Pass HB 418 Do Pass, by Substitute

HB 524 Do Pass, by Substitute HB 684 Do Pass HR 290 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 15, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 23rd Legislative Day as enu merated below:
HB 120 Jekyll Island--St Park Auth; cert land activity restrictions

886

JOURNAL OF THE HOUSE,

HB 124 Peanut; designate as official state crop HB 170 Crime Victims' Bill of Rights; enact HB 185 Abandoned motor vehicles; procedures for reporting HB 255 Driver's license reinstatement; fee HB 273 Prof counselors, etc.; cert licensees; mental & phy exams HB 283 Trade practices; state of emergency; price increases HB 297 Employer immunity for disclosure of job performance; include banks HB 340 Motor vehicle used in burglary or armed robbery; forfeiture HB 409 Law enforce veh; pursuing suspect; death or injury to third party
HR 260 Jt Study Comm on Pilot Projects in the Cobb Judicial Cir; create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

SB 258. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Clayton County into the office of tax commissioner, as amended, so as to change certain provisions relative to the compensation of the deputy tax commissioner.

The following Committee substitute was read and adopted:

A BILL
To amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4626), so as to change certain provisions relative to the compensation of the deputy tax commis sioner; 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 consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4626), is amended by striking from subsection (b) of Section 7A the following:
"$36,000.00", and inserting in lieu thereof the following:
"$37,800.00", so that when so amended subsection (b) reads as follows:
"(b) The deputy tax commissioner shall receive as compensation for his or her services a salary to be fixed in the discretion of the tax commissioner in an amount not to exceed $37,800.00 per annum, payable in equal monthly installments from the funds of Clayton County."
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.

WEDNESDAY, FEBRUARY 15, 1995

887

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 259. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits.

The following Committee substitute was read and adopted:

A BILL
To amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, par ticularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4623), so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits; 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 placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. L. 1949, p. 1910), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4623), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows:
"SECTION 1A. (a) There is created an office in Clayton County to be known as deputy clerk of the superior court, and the clerk of the Superior Court of Clayton County is authorized to appoint the deputy clerk of the superior court. The deputy clerk of the superior court shall serve at the pleasure of the clerk of the superior court and may be removed from office by the clerk of superior court. The deputy clerk of the superior court shall have the same authority granted to clerks of superior courts by the laws of this state when acting on behalf and at the direction of the clerk of Superior Court of Clayton County. The qualifications of the deputy clerk of the superior court shall be the same as those prescribed for the clerk of the superior court, and he or she shall be required to take the same oath of office as the clerk of the superior court after appointment and before assuming the duties of office. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this subsection, the deputy clerk of the superior court shall have all bene fits afforded to Clayton County employees under the Clayton County Civil Service Sys tem Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. (b) The deputy clerk of the superior court shall receive as compensation for services a salary to be fixed in the discretion of the clerk of the superior court in an amount not to exceed $37,800.00 per annum, payable in equal monthly installments out of the funds of Clayton County."
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.

888

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 260. 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 deputy clerk of said court; to provide for the application of civil service benefits.

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 March 22, 1990 (Ga. L. 1990, p. 4367), so as to change the compensation of the deputy clerk of said court; to provide for the application of civil service benefits; 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 March 22, 1990 (Ga. L. 1990, p. 4367), is amended by striking Section 1A in its entirety and substituting in lieu thereof a new Section 1A to read as follows:
"SECTION 1A. (a) There is created an office in Clayton County to be known as deputy clerk of the state court, and the clerk of the State Court of Clayton County is authorized to appoint the deputy clerk of the state court. The deputy clerk of the state court shall serve at the pleasure of the clerk of the state court and may be removed from office by the clerk of the state court. The deputy clerk of the state court shall have the same authority granted to clerks of state courts by the laws of this state when acting on behalf and at the direction of the clerk of the State Court of Clayton County. The qualifications of the deputy clerk of the state court shall be the same as those prescribed for the clerk of the state court, and the deputy clerk of the state court shall be required to take the same oath of office as the clerk of the state court after appointment and before assum ing the duties of his or her office. Except for compensation which shall be as provided in subsection (b) of this section and except for employment and discharge which shall be as provided in this subsection, the deputy clerk of the state court shall have all bene fits afforded to Clayton County employees under the Clayton County Civil Service Sys tem Act, approved April 2, 1963 (Ga. L. 1963, p. 2747), as now or hereafter amended. (b) The deputy clerk of the state court shall receive as compensation for his or her ser vices a salary to be fixed in the discretion of the clerk of the state court in an amount not to exceed $37,800.00 per annum, payable in equal monthly installments out of the funds of Clayton County."
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.

WEDNESDAY, FEBRUARY 15, 1995

889

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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

SB 32. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Starr of the 44th, Clay of the 37th and others:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Man agement Act," so as to provide limits upon the numbers of solid waste facili ties which may be permitted within any given area of the state; to state legislative intent; to provide for the manner of determination of areas affected; to provide for application to modified and expanded facilities as well as new facilities.

SB 113. By Senators Perdue of the 18th, Hooks of the 14th, Ray of the 19th and Marable of the 52nd:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings involving persons under sentence from a state court of record, so as to provide time limits within which courts must hear and rule on habeas corpus filings; to provide for related matters; to provide for an effective date and for applicability.

SB 289. By Senators Pollard of the 24th, Tysinger of the 41st and Langford of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the Fair Access to Insur ance Requirements Plan; to provide for the establishment and operation of an underwriting association comprised of property insurers; to require mem bership in the plan by a property insurer as a condition of its authority to transact property insurance in this state.

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

SB 32. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th and others:
A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Man agement Act," so as to provide limits upon the numbers of solid waste facili ties which may be permitted within any given area of the state; to state legislative intent; to provide for the manner of determination of areas affected; to provide for application to modified and expanded facilities as well as new facilities.
Referred to the Committee on Natural Resources & Environment.

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SB 113. By Senators Perdue of the 18th, Hooks of the 14th, Ray of the 19th and oth ers:
A bill to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus proceedings involving persons under sentence from a state court of record, so as to provide time limits within which courts must hear and rule on habeas corpus filings; to provide for related matters; to provide for an effective date and for applicability.
Referred to the Committee on Judiciary.

SB 289. By Senators Pollard of the 24th, Tysinger of the 41st and Langford of the 29th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the Fair Access to Insur ance Requirements Plan; to provide for the establishment and operation of an underwriting association comprised of property insurers; to require mem bership in the plan by a property insurer as a condition of its authority to transact property insurance in this state.
Referred to the Committee on Insurance.

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

HR 236. By Representatives Birdsong of the 123rd, Smith of the 175th, Bargeron of the 120th, Purcell of the 9th, Roberts of the 162nd and others:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives.

HR 318. By Representatives Ray of the 128th and James of the 140th:
A resolution commending the Georgia Peach Festival and inviting a represen tative of the festival to appear before the House of Representatives.

Representative Cummings of the 27th arose to a point of personal privilege and addressed the House.

Representative Walker of the 141st assumed the Chair.

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

HB 297. By Representative Campbell of the 42nd:
A bill to amend Code Section 34-1-4 of the Official Code of Georgia Anno tated, relating to employer immunity for disclosure of information regarding job performance, so as to include banks and employees of banks within the provisions of said Code section.

The following Committee substitute was read and adopted:

WEDNESDAY, FEBRUARY 15, 1995

891

A BILL
To amend Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immunity for disclosure of information regarding job performance, so as to include banks, savings and loan associations, credit unions and their employees within the provisions of said Code section; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 34-1-4 of the Official Code of Georgia Annotated, relating to employer immunity for disclosure of information regarding job performance, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 34-1-4 to read as follows:
"34-1-4.
(a) As used in this Code section i the term: (1) 'Employee' means any person who is employed by a bank, a savings and loan asso ciation, credit union, a hospital, health care institution, school, day care center, or other child care institution. (2) 'Employer' means a bank, savings and loan association, credit union, a hospital, health care institution, school, public health facility, day care center, or other child care center.
(b) An employer as defined in subsection (a) of this Code section or any person employed by an employer who discloses information concerning an employee's or former employee's job performance, any act committed by such employee which would consti tute a violation of the laws of this state if such act occurred in this state, or ability or lack of ability to carry out the duties of such job to a prospective employer of such employee or former employee upon request of the prospective employer or of the person seeking employment is presumed to be acting in good faith unless lack of good faith is shown by a preponderance of the evidence, unless the information was disclosed in viola tion of a nondisclosure agreement or the information disclosed was otherwise considered confidential according to applicable federal, state, or local statute, rule, or regulation."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D Y Brooks, T
Y Brown, G
Y Brown, J Y Brush E Buck Y Buckner

Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter
Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Cox Y Crawford Y Crews
Y Culbreth
Y Cummings Davis, G
Y Davis, M Y Day

Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene
Y Grindley
Y Hanner Y Harbin
Harris Y Hart

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Hensun Y Holland
Holmes Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Y Johnston
Y Jones Y Joyce Y Kaye
Kinnamon

Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis
Lifsey Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley

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Y Mueller Y O'Neal Y Orrock Y Parham
Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp

Y Simpson Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F

Y Stancil, S Stanley, L
Y Stanley, P Stephenson
Y Streat Y Taylor
Teague Y Teper Y Thomas
Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
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 Speaker assumed the Chair.

HB 120. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A bill to amend Code Section 12-3-243 of the Official Code of Georgia Anno tated, relating to subdivision, improvement, lease, or sale of Jekyll Island by the Jekyll Island--State Park Authority, so as to restrict certain activities on, over, or within 65 percent of the land area of Jekyll Island which lies above water at mean high tide.

The following Committee substitute was read:

A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain provisions relative to the delegation of certain duties of the commissioner of natural resources; to create the Recreation Authorities Over view Committee; to provide for a report with regard to the authorities subject to legislative overview by the Recreation Authorities Overview Committee; to provide for the appoint ment of members to the Stone Mountain Memorial Association including one additional member; to provide for the appointment by the Governor of a chairperson of the associa tion from the membership and his or her terms as chairperson; to provide for a master plan of Stone Mountain; to provide a procedure for the amendment of the master plan; to restrict development within a certain area; to define certain terms relative to the Jekyll Island--State Park Authority; to add three additional members to the Jekyll Island--State Park Authority; to provide for the appointment by the Governor of a chairperson of the said authority from the membership and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the authority; to provide for a Citizens Resource Council for the authority on matters concerning Jekyll Island; to provide for a master plan of Jekyll Island; to provide a procedure for the amendment of the master plan; to restrict development within a certain area; to define a certain term rel ative to the North Georgia Mountains Authority; to reconstitute the membership of the authority and to provide for the appointment by the Governor of a chairperson from the membership and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the authority; to provide for the powers of the said authority; to provide for a master plan of the said authority's projects; to provide a procedure for the amendment of the master plan; to define a certain term relative to the Lake Lanier Islands Development Authority; to provide for the appointment by the Gover nor of a chairperson from the membership of the authority and his or her terms as chair person; to provide for an annual audit by the state auditor of the books and records of

WEDNESDAY, FEBRUARY 15, 1995

893

the authority; to provide for the powers of the said authority; to provide for a master plan of the said authority's projects; to provide a procedure for the amendment of the master plan; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA;
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subsection (b) of Code Section 12-2-1, relating to the creation of the Department of Natural Resources, and inserting in lieu thereof the following:
"(b)(l) There is created the position of commissioner of natural resources. The com missioner shall be both appointed and removed by the Board of Natural Resources subject to approval of the Governor. Subject to the general policy established by the Board of Natural Resources, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Natural Resources by this article.
(2) (A) Except as provided t subparagraph {B} ef- this paragraph, the The commis sioner may delegate to any person in the Department of Natural Resources the power to be present and participate, including the power to vote as his or her repre sentative or substitute, at any meeting, hearing, or other proceeding of any associa tion, authority, committee, board, or other body upon which the commissioner serves pursuant to this title. (B) The oommiasioaer may net delegate his power te be present eat& participate at mcct>in9} n&trin^3, OP otttcr proceedm^fs OT trie otowc JVloutit&in JVlcnionftl AssocisTM tie and ay delegate his pewer te be present and participate at meetings, hearings, er ether proceedings ef the Jckyll Island--State Park Authority er the Lake feauier Islands Development Authority enly te that persea within the Department ef Natural Resources whe is responsible for state parks."
SECTION 2. Said title is further amended by designating Code Sections 12-3-1 through 12-3-11 as Part 1 of Article 1 and by inserting at the end thereof a new Part 2 to read as follows:
"Part 2
12-3-20.
There is created as a joint committee of the General Assembly the Recreational Authori ties Overview Committee to be composed of three members of the House of Representa tives appointed by the Speaker of the House of Representatives and three members of the Senate appointed by the President of the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. The chairperson of the committee shall be appointed by the Speaker of the House of Representatives from the membership of the committee, and the vice chairper son of the committee shall be appointed by the President of the Senate from the mem bership of the committee. The chairperson and vice chairperson shall serve terms of two years concurrent with their terms as members of the General Assembly. Vacancies in an appointed member's position or in the offices of chairperson or vice chairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall periodically inquire into and review the operations of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Author ity and shall periodically review and evaluate the success with which each of the said authorities is accomplishing its statutory duties and functions as provided in this chap ter.
12-3-21.
The state auditor, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties

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as set forth in this part. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants.
12-3-22.
The Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Author ity shall cooperate with the committee, its agents, the Attorney General, the state audi tor, and other state agencies in order that the duties of the committee set forth in this part may be timely and efficiently discharged. Each of the named authorities shall sub mit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. At least annually the commissioner of natural resources and the department's director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplish ing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate stand ing committees of each house of the General Assembly a report of its findings and rec ommendations based upon the review of each of the named authorities, as set forth in this part.
12-3-23.
In the discharge of its duties, the committee shall evaluate the performance of the Stone Mountain Memorial Association, the Jekyll Island--State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority con sistent with the following criteria:
(1) Prudent, legal, and accountable expenditure of public funds; (2) Efficient operation; and (3) Performance of its statutory responsibilities.
12-3-24.
(a) The committee is authorized to expend state funds available to the committee for the discharge of its duties. Said funds may be used for the purposes of compensating staff personnel; paying for services of independent accountants, engineers, and consul tants; and paying all other necessary expenses incurred by the committee in performing its duties. (b) The members of the committee shall receive the same compensation, per diem, expenses, and allowances for their service on the committee as is authorized by law for members of interim legislative study committees. (c) The funds necessary for the purposes of the committee shall come from the funds appropriated to and available to the legislative branch of government.
12-2-25.
The committee shall report in each of its annual reports to the chairperson of the stand ing committees of each house of the General Assembly whether or not any of the author ities named in this part have undertaken activities having a projected cost of over $1 million without having first evaluated the feasibility of involving private persons or enti ties in the development, construction, operation, and management of the authority's existing projects and such proposed activities or has failed to file a copy of such evalua tion with the Office of Planning and Budget."
SECTION 3. Said title is further amended by striking in its entirety Code Section 12-3-191, relating to definitions relative to the Stone Mountain Memorial Association, and inserting in lieu thereof the following:
"12-3-191.

WEDNESDAY, FEBRUARY 15, 1995

895

As used in this part, the term: (1) 'Association' means the Stone Mountain Memorial Association created by this part or any authority or body in which the duties and liabilities of the association created hereby may hereafter become vested. (2) 'Bonds' or 'revenue bonds' means any bonds issued by the association under this part, including refunding bonds. (3) 'Cost of project" means the cost of acquiring, constructing, developing, improving, equipping, adding to, extending, remodeling, managing, and operating the project or any part thereof, including, without being limited to, the cost of all lands, properties, franchises, easements, and rights in property; the cost of all machinery and equipment necessary for constructing, improving, developing, adding to, remodeling, managing, maintaining, and operating the project; financing charges and interest accruing on any bonds issued by the association prior to and during the period estimated as necessary to complete the construction, development, and improvement of the project, and for one year thereafter; the cost of plans and specifications; the cost of engineering, engi neers, and architects; legal fees; other expenses necessary or incident to determining the feasibility or practicality of the project or any part thereof; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized by this part, including fiscal agents' fees and the estimated cost of operat ing the project for a period ef not exceeding 12 months, and the expense of construc tion, development, improvement, management, maintenance, operation, or any other action permitted by this part with respect to the project and the placing of the same in operation, and including any other expense authorized by this part to be incurred by the association which is incurred with respect to any action as regards the project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under this part for such project. (4) 'Governing authority of a county' means the commissioner, board of commission ers, commission, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county. (5) 'Governing authority of a municipality' means the council, board of aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation. (6) 'Master plan' means that document created by Robert and Company and adopted by the association in December, 1992, consisting of districts and plans for various con struction projects as amended prior to January lj 1995, and as it may be amended from time to time pursuant to Code Section 12-3-194.2. {6}7) 'Project' means Stone Mountain and property adjacent thereto acquired by the association and all accommodations, utilities, facilities, services, and equipment neces sary or convenient, and all property, real, personal, or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, developing, equipping, adding to, extending, maintaining, managing, and operating Stone Moun tain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confed erate memorial and public recreational area, and the construction, improvement, development, maintenance, management, operation, and extension of any part thereof, as to which the association has undertaken or agreed to undertake any action permit ted by this part."
SECTION 4. Said title is further amended by striking in its entirety Code Section 12-3-193, relating to the membership of the Stone Mountain Memorial Association and the appointment of members, and inserting in lieu thereof the following:
"12-3-193.
(a) The association shall be composed of the commissioner of natural resources or his or her designee and se eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor shall be appointed for terms of four years, with the beginning and ending

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JOURNAL OF THE HOUSE,

dates of terms to be specified by the Governor, and until the appointment and qualifica tion of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his or her successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term begin ning July 1, 1985, and ending December 31, 1987, and until the appointment and qualifi cation of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term. (b) The constitutional officers named- te the association shaH immediately enter apen theif duties without further act or formality, and the persons appointed by the Governor
I tie ftssocifition Siiflli elect on6 or its mem DCPS sts ch&irnciflR find ctnovnef ds viceTM mftftT T tie cnctIPHIftR 9iiGUI TOTS dccreci iFoitt flinoii trie meni DCPS ftppointcct oy tne Governor. The Governor shall appoint the chairperson of the association for a term of one year from among the members of the association which the Governor appoints. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the association. The association shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. {d}(c) The association may make such bylaws for its government as is deemed necessary but is under no duty to do so. {e)(d) Any few five members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the association by this part. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid. ffi(e) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the associa tion, for their services. feKf) Members of the association shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the association, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 5. Said title is further amended by striking in their entirety paragraphs (2), (3), and (6) of Code Section 12-3-194, relating to powers of Stone Mountain Memorial Association, gener ally, and inserting in lieu thereof, respectively, the following:
"(2) To acquire Stone Mountain and such surrounding area as the association may deem necessary for the proper development, management, preservation, and protection of Stone Mountain, by purchase from the owner or owners thereof, and to pay there for such price as may be agreed upon; (3) To acquire, by purchase, lease, or otherwise, and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; provided, however, that as provided in subsection (b) of Code Section 50-16-3.1, no real property may be sold unless necessary for a public road right of way;" "(6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; provided however, that

WEDNESDAY, FEBRUARY 15, 1995

897

(A) The the association shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving pri vate persons or entities in the development, construction, operation, and manage ment of the project, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreation Authori ties Overview Committee; and (B) Except as contained in the master plan as it existed on January 1^ 1995, no development shall occur within the bounds of the natural district. The venues for the 1996 Summer Olympic Games for archery and for the velodrome shall be removed at the completion of the Olympic Games and the grounds returned to an undeveloped state. After the removal of such construction, only construction con tained in the master plan as it existed on January 1^ 1995, may take place in the natural district except as the master plan may be amended in accordance with Code Section 12-3-194.2."
SECTION 6. Said title is further amended by inserting immediately following Code Section 12-3-194.1 a new Code section to read as follows:
"12-3-194.2.
(a) The association, in the exercise of its authority to develop, manage, preserve, and protect Stone Mountain, shall be guided by and shall adhere to the master plan. That area shown on the master plan as the 'natural district' shall be surveyed on or before December 1, 1995, by a Georgia registered engineer or surveyor and that survey, as approved by the association members at a regularly scheduled public meeting of the association, shall become a part of the master plan. (b) The association may, from time to time, amend the master plan but only in compli ance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the association; (2) A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett counties along with the date on which a meeting of the asso ciation shall be held to consider the proposed change. Directions as to the manner of receiving comments from the public, including the time and place of the public hear ing on the proposed change required by paragraph (6) of this subsection, shall be pro vided. Information describing the proposed change and the public hearing also shall be distributed to the media by news release and published in appropriate publications of the association; (3) The association shall transmit three copies of the summary provided for in para graph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association'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 a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house who makes a standing written request. In the event a presiding officer is unavailable for the pur pose of making the assignment within the time limitations, the legislative counsel shall assign the summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. The legislative counsel shall also transmit within the time limitations pro vided in this subsection a notice of the assignment to the chairperson of the appropri ate standing committee; (4) In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the asso ciation adopts the proposed amendment over the objection, the amendment may be considered by the branch of the General Assembly whose committee objected to its

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JOURNAL OF THE HOUSE,

adoption by the introduction of a resolution for the purpose of overriding the amend ment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association if it adopts a proposed amendment to the master plan over such objection to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House commit tees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately trans mitted to the other branch of the General Assembly. It shall be the duty of the pre siding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment shall be void on the day after the adoption of the resolution by the sec ond branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of his or her approval; (5) Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernable on the ground by members of the public; (6) A public hearing shall be held no earlier than 15 days after the most recent publi cation of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and (7) No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open and public meeting the proposed change which, if approved, shall become a part of the master plan, subject, however, to the provi sions of paragraph (4) of this subsection."
SECTION 7. Said title is further amended by striking in its entirety Code Section 12-3-231, relating to definitions relative to the Jekyll Island--State Park Authority, and inserting in lieu thereof the following:
"12-3-231.
As used in this part, the term: (1) 'Authority' means the Jekyll Island--State Park Authority created by this part. (2) 'Bonds' or 'revenue bonds' means any bonds issued by the authority under this part, including refunding bonds. (3) 'Cost of the project' means the cost of construction; the cost of all lands, proper ties, rights, easements, and franchises acquired; the cost of all machinery and equip ment; financing charges; interest prior to and during construction and for one year after completion of construction; cost of engineering; architectural and legal expenses, cost of plans and specifications, and other expenses necessary or incident to determin ing the feasibility or practicability of the project; administrative expense; and such other expenses as may be necessary or incident to the financing authorized by this part, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obliga tion 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 this part for such project. (4) 'Master plan' means that document to be created under the auspices of and adopted by the authority of Jekyll Island and as it may be amended from time to time pursuant to Code Section 12-3-243.1.

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'Park' means present and future parks, parkways, park and recreational resources and facilities of the state or any department, agency, or institution of the state, and any such facility constituting part of the State Parks System and shall spe cifically include Jekyll Island State Park. {&K6) 'Project' means any subdivision, hotel, cottage, apartment house, public build ing, school, utility, dock, facility, watercourse, airport, bridge, golf course, tennis court, or other resort recreational facility. This term also means one or a combination of two or more of the following: buildings and facilities, and all other structures, electric, gas, steam, water, and sewerage utilities and facilities of every kind and character deemed by the authority to be necessary or convenient for the efficient operation of any department, board, commission, authority, or agency of the State of Georgia."
SECTION 8. Said title is further amended by striking in its entirety Code Section 12-3-233, relating to the membership of the Jekyll Island--State Park Authority and the appointment of mem bers, and inserting in lieu thereof the following:
"12-3-233.
(a) The authority shall be composed of the commissioner of natural resources or his or her designee and five eight residents of this state, e*e two of whom shall be from the coastal area of Georgia Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden counties. to be appointed by the Governor. The five eight members appointed by the Governor shall be selected from the state at large but shall be representative of the geographical areas of the state. Except as provided in this Code section, the The members appointed by the Governor shall serve for a term of four years and until the appointment and qualification of their successors; except that the terms ef- the . The first four appoint ments made by the Governor shall be as follows: one member shall be appointed for a term of one year beginning July 1, 1978; one member shall be appointed for a term of two years beginning July 1, 1978; one member shall be appointed for a term of three years beginning July 1, 1978; and one member shall be appointed for a term of four years beginning July 1, 1978. The fifth member appointed by the Governor shall serve for a term of four years beginning July 1, 1984. The sixth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1997. The seventh member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1998. The eighth member appointed by the Governor shall serve for an initial term beginning upon appointment and ending on June 30, 1999. Subsequent terms for those members appointed as the sixth, seventh, and eighth members, or their successors, shall be for four years. An appointment by the Governor to fill a vacancy shall be made for the unexpired term. (b) The Governor shall appoint the chairperson of the authority for a term of one year. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the association. The authority shall elect one of its members as chairman and ee as vice-chairman vicechairperson and shall elect a secretary and treasurer who may not necessarily be a mem ber of the authority. The chairman chairperson shall be selected from among the members appointed by the Governor. (c) Ft Five members of the authority shall constitute a quorum. No vacancy in the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. (d) The members of the authority shall not be entitled to compensation for their ser vices but shall be reimbursed for their actual expenses necessarily incurred in the per formance of their duties. (e) The members of the authority shall constitute the policy-making body of the author ity. The authority shall employ a full-time executive director to execute the policy deci sions of the authority and to provide continuing professional management of the day te day day-to-day activities of the authority."

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SECTION 9. Said title is further amended by striking in its entirety Code Section 12-3-234, relating to the accountability of the members of the Jekyll Island--State Park Authority as trustees, and inserting in lieu thereof the following:
"12-3-234.
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books, together with a proper statement of the authority's financial position, once a year on or about December 31 to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 10. Said title is further amended by inserting immediately following Code Section 12-3-233 a new Code section to read as follows:
"12-3-233.1.
(a) The Governor shall appoint a body to be known as the Jekyll Island Citizens Resource Council. The purpose of the Citizens Resource Council shall be to improve, foster, and encourage communication and the exchange of thoughts and ideas between the authority and the community of persons interested in Jekyll Island including, but not limited to, residents of Jekyll Island; owners, operators, and employees of businesses located on or providing services to Jekyll Island; and environmental organizations. (b) The Citizens Resource Council shall consist of seven members. Three members shall be representative of the Jekyll Island residential and business community with two of these members being residents of Jekyll Island and one being an owner, manager, or employee of a business or commercial facility located on Jekyll Island. Four members shall be appointed at large. The term of each member shall be for two years, provided that of the members first appointed, three shall be appointed for terms of one year, and four for terms of two years. Vacancies shall be filled by similar appointment for unexpired terms. (c) The Citizens Resource Council shall meet once a month. The meetings shall be attended by the authority's executive director and at least one member of the authority. Once in every calendar quarter, the meeting of the Citizens Resource Council shall be held as a town meeting at which comments and sentiments from the Jekyll Island com munity at large may be received. (d) The Citizens Resource Council shall be available to consult with the authority, if requested by the authority to do so, as to the authority's programs, projects and actions concerning Jekyll Island. The Citizens Resource Council may also, upon request of the authority, review and prepare written comments on proposed authority plans and projects. Such written comments may be submitted to the authority's executive director, the authority, and the Governor. (e) Members of the Citizens Resource Council shall serve without compensation, but its members who are not employees or officials of state or local governmental entities shall receive reimbursement for their actual expenses necessarily incurred in the performance of their duties."
SECTION 11. Said title is further amended by striking in its entirety Code Section 12-3-235, relating to the powers of the Jekyll Island--State Park Authority generally, and inserting in lieu thereof the following:
"12-3-235.
The authority shall have power: (1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To sell, by competitive bids, and dispose of all junk, salvage, and surplus materi als, together with all obsolete, unused, or surplus machinery or equipment now or in

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the future upon or affixed to its leasehold property; and to apply the proceeds there from to permanent improvements on the island; (4) To appoint and select officers, agents, and employees, including engineering, archi tectural, and construction experts and attorneys, and to fix their compensation; (5) To make contracts, and to execute all instruments necessary or convenient, includ ing contracts for construction of projects or contracts with respect to the leasing or use of projects which it causes to be subdivided, erected, or acquired; (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned or leased by the authority, the cost of any such project to be paid from its income, from the proceeds of revenue anticipation certificates of the authority, or from such pro ceeds and any grant from the United States of America or any agency or instrumen tality thereof, or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the devel opment, construction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreation Authorities Overview Committee; (7) To accept loans and grants, either or both, of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, including the Department of Housing and Urban Development, upon such terms and conditions as the United States of America or such agency or instrumentality, includ ing the Department of Housing and Urban Development, may impose; (8) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the pay ment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing simi lar functions, which power is not in conflict with the Constitution and laws of this state; (10) To act as agent for the United States of America or any agency, department, cor poration, or instrumentality thereof, in any manner coming within the purposes or powers of the authority;
(11) 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;
(12) To receive gifts, donations, or contributions from any person, firm, or corpora tion; (13) To hold, use, administer, and expend, for any of the purposes of the authority, such sum or sums as may hereafter be received as income or as gifts or as may be appropriated by authority of the General Assembly;
(14) To do any other things necessary or proper to beautify, improve, and render selfsupporting the island park, to make its facilities available to people of average income, and to advertise its beauties to the world;
(15) To acquire in its own name, by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with any and all existing laws applicable to the condemnation of property for public use, real prop erty or rights of easement therein or franchises necessary or convenient for its corpo rate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to be the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this part except from the funds provided under the authority of this part; and in any proceed ings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceeding as may be just to the authority and to the owners of the property to be condemned; and no property shall be acquired under this part upon

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which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the authority shall deem it expedient to con struct any project on lands which are a part of the real estate holdings of the State of Georgia, the Governor is authorized to execute, for and on behalf of the state, a lease upon such lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years; and if the authority shall deem it expedient to construct any project on any other 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; (16) 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; (17) To make contracts and leases, and to execute all instruments necessary or conve nient, including contracts for construction of projects and leases of projects or con tracts with respect to the use of projects which it causes to be erected or acquired; 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 any department, board, commission, or agency of the State of Georgia to enter into contracts and lease agree ments for the use of any structure, building, or facility, or a combination of any two
or more structures, buildings, or facilities, of the authority for a term not exceeding 50 years; and any department, board, commission, or agency of the State of Georgia may obligate itself to pay an agreed sum for the use of such property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining,
repairing, and operating the property so leased from the authority; (18) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-231, to be located on property owned by or leased by the authority, the cost of any such
project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States of America, er the State of Georgia, or any agency or instrumentality thereof;
(19) To borrow money for any of its corporate purposes, to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the pay ment of the same and for the rights of the holders thereof;
(20) To grant franchises to and make contracts with utility companies, both public and private, providing electric light or power, gas, steam heat, telephone, telegraph, cable, television, water, or sewerage services, for the use and occupancy of Jekyll
Island or any part thereof, on an exclusive or nonexclusive basis; to permit the render ing of such utility services upon such conditions and for such time as the authority may deem appropriate or convenient; (21) To do all things necessary or convenient to carry out the powers expressly given
in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section;
(22) To provide and operate, at the discretion of the authority, a fire department which shall have the powers of a fire department of a county, municipality, or other political subdivision set forth in Chapter 3 of Title 25 and to exercise the powers of
a county, municipality, or other political subdivision set forth in Code Section 25-3-4; and Code Section 25-2-38.1 shall be applicable to the authority and any fire depart ment of the authority in the provision of fire protection and suppression services pro vided;
(22.1) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only upon property operated and con trolled by the authority and located within the territorial limits of Jekyll Island, Geor gia; and
(23) To charge fees to all persons, natural and artificial, using or relying upon fire
protection and suppression services or public safety services provided by the authority

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or the Uniform Division of the Department of Public Safety, which fees and each installment thereof and the interest thereon shall be liens against each tract of land benefited by the fire protection and suppression services or public safety services so provided from the date each such fee is charged until fully paid; and such liens shall be superior to all other liens, except liens for state and county taxes and taxes levied for any and all school purposes, and shall be collected by officers designated by the authority in the same manner as state and county taxes are collected. The annual amount of any fee charged to any person, natural or artificial, or upon any property owned or leased by any such person under this paragraph shall not exceed the annual amount which would be levied for such services by the County of Glynn in the form of ad valorem taxes if such services had been provided by the County of Glynn."
SECTION 12. Said title is further amended by inserting immediately following Code Section 12-3-243 a new Code section to read as follows:
"12-3-243.1.
(a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of Jekyll Island. The master plan shall delineate, based upon aerial survey, the present and permitted future uses of the land area of Jekyll Island which lies above water at mean high tide and shall desig nate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. The master plan shall also delineate the boundaries of the area or areas delin eated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243. If the aerial survey demonstrates that the percentage of undeveloped land on Jekyll Island is presently less than 65 percent, then no further development of undeveloped land shall be permitted in the master plan. (b) In the creation of the master plan, the authority shall, after preparation of a prelim inary plan, give notice of the existence of the preliminary plan in the legal organs of Glynn and Fulton counties and in at least two newspapers of state-wide general circula tion not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location on Jekyll Island and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to develop, manage, preserve, and pro tect Jekyll Island, shall be guided by and shall adhere to the master plan as the same may from time to time be amended as provided in subsection (d). (d) The authority may, from time to time, amend the master plan but only in compli ance with the following procedure:
(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organs of Glynn and Fulton counties, distributed to the media by news release and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ of Glynn or Fulton County as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amend ment will be considered for approval or rejection, which meeting shall not be held

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any sooner than 30 days after the meeting of the authority at which the proposed amendment was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three copies of the information required by para graph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house with a copy of the information received. The presiding officers, or the Office of Legislative Counsel if the presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing committee in each house for review and provide copies to any member of that house who makes, or has made, a standing written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amend ment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assem bly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the reso lution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolu tion shall be submitted to the Governor for approval or veto. In the event the resolu tion fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the reso lution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution; (5) Any proposed changes to the boundaries of the area or areas delineated on the master plan as the 65 percent of the land area of Jekyll Island which lies above water at mean high tide and over which the authority has no power to improve, lease, or sell pursuant to subsection (a) of Code Section 12-3-243 shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (2) of this sub section in such a fashion as to be readily discernable on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan which, if approved, shall become a part of the master plan, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 13. Said title is further amended by inserting immediately following paragraph (2) of to Code Section 12-3-291, relating to definitions relative to the North Georgia Mountains Authority Act, a new subsection (2.1), to read as follows:
"(2.1) 'Master Plan' means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-294.1."

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SECTION 14. Said title is further amended by striking in its entirety Code Section 12-3-292, relating to the membership of the North Georgia Mountains Authority and the appointment of mem bers, and inserting in lieu thereof the following:
"12-3-292.
(a) The authority shall consist of nine members appointed by the Governor from the same persons who comprise the Board of Natural Resources. (b) The Governor shall appoint the chairperson of the authority for a term of one year from among the members of the authority. A member may serve no more than two con secutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the association. The authority shall elect one of its members as chairman tatA another as vice-chair a vice-chairperson. It shall also elect a secre tary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as is deemed necessary; but is under no duty to do so. (d) Any eight five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted by this part. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (e) The unexpired term of any member who ceases to serve from any cause shall be filled in the same manner that such member was originally appointed to the authority. (f) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the author ity, for their services."
SECTION 15. Said title is further amended by striking in its entirety Code Section 12-3-293, relating to the accountability of the members of the North Georgia Mountains Authority as trustees, and inserting in lieu thereof the following:
"12-3-293.
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall submit for inspection all of the books together with the proper statement of the authority's financial position at the close of its fiscal year each year to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 16. Said title is further amended by striking in its entirety Code Section 12-3-294, relating to the powers of the Authority generally, and inserting in lieu thereof the following:
"12-3-294.
The authority shall have power: (1) To have a seal and alter it at pleasure; (2) To acquire real and personal property of every kind and character by purchase or otherwise and to hold such property; to mortgage, hypothecate, or otherwise encumber its real and personal property for its corporate purposes; to grant a security interest by deed, financing statement, or bill of sale; and to construct a project on lands held by the state; (3) To exercise the power of eminent domain; (4) To appoint and select officers, agents, and employees, including engineering, archi tectural, and construction experts, and to fix their compensation;

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(5) To make contracts, and to execute all instruments necessary or convenient, includ ing contracts to borrow money; contracts for mortgages, security deeds, or other secu rity interests; contracts for the construction of projects; and contracts with respect to the leasing or use of projects which it caused to be subdivided, erected, or acquired or which it constructs or manages pursuant to an agreement with the state; (6) To plan, survey, subdivide, improve, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in Code Section 12-3-291, to be located on property owned or leased by the authority or the state. The cost of any such project may be paid in whole or in part from funds of or available to the authority including but not limited to borrowed money, income, the proceeds of revenue bonds of the authority, and any grant from the United States of America or any agency or instrumentality thereof or from the State of Georgia; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evalu ated the feasibility of involving private persons or entities in the development, con struction, operation, and management of the authority's existing projects and such proposed activities and has filed a copy of such evaluation with the Office of Planning and Budget and the Recreational Authorities Overview Committee; (7) To accept loans and grants, either or both, 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 borrow money for any of its corporate purposes, and to issue negotiable reve nue bonds from earnings of projects, and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing simi lar functions, which is not in conflict with the Constitution and laws of this state; (10) To act as agent for the United States of America, or any agency, department, corporation, or instrumentality thereof, in any manner within the purposes or powers of the authority; (11) 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; (12) To do any and all other acts and things in this part authorized or required to be done, whether or not included in the general powers mentioned in this Code sec tion;
(13) To receive gifts, donations, or contributions from any person, firm, or corpora tion;
(14) To hold, use, administer, and expend such sum or sums as may hereafter be received from any source, including income or gifts, for any of the purposes of this authority;
(14.1) To do any other things necessary or proper to foster and promote the involve ment of private persons, firms, corporations, and partnerships in the development, construction, operation, and management of the authority's projects or projects which it manages pursuant to an agreement with the state, including but not limited to the entering into of contracts with such private entities for the development, construction, operation, and management of said projects for and on behalf of the authority;
(15) To do any other things necessary or proper to beautify, improve, and render projects self-supporting, including the establishment and modification of all reasonable fees, rentals, and other charges of whatever kind it deems necessary;
(16) To construct, maintain, and operate a project in White County, Georgia, to be known and designated as the 'Georgia Recreation Experiment Station.' In connection with such project, the Governor is authorized to execute for and on behalf of the state a lease upon any and all lands owned and held by the state in such county to the authority for a period not to exceed 50 years, such land so leased to be used by the authority only in connection with such project;

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(17) To do all things necessary or convenient to carry out the powers expressly given in this part; and (18) Upon obtaining a license from the Department of Revenue Subject te the provi sions ef- !Ktle 3 td a referendum as required by ^Pttte 3, to sell or dispense or to per mit others to sell or dispense alcoholic beverages within or upon property or facilities owned, operated, managed, used, or controlled by the authority for consumption on the premises; provided, however, that the authority shall not sell or dispense alcoholic beverages in unbroken containers to be carried off of the premises. The authority shall determine and regulate by resolution, as it may amend from time to time, the condi tions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted."
SECTION 17. Said title is further amended by inserting immediately following Code Section 12-3-294 a new Code section to read as follows:
"12-3-294.1.
(a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-291. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently antic ipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive, historically sensitive, and active use areas. (b) In the creation of a master plan for a project, the Authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the Authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to development, manage, preserve and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d) of this Code section. (d) The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure:
(1) Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meet ing of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the Authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news release, and published in appropriate publications of the authority. Each such advertisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph; (B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amend ment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three copies of the information required by para graph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each

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house of the General Assembly with a copy of the information received. The presiding officers, or the Office of the Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing com mittee in each house for review and provide copies to any member of that house who makes, or has made, a written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amend ment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assem bly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the reso lution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolu tion shall be submitted to the Governor for approval or veto. In the event the resolu tion fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the reso lution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution; (5) Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally or his torically sensitive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discernible on the ground by members of the public; and (6) At the meeting of the Authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan, which, if approved, shall become a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 18. Said title is further amended by inserting immediately following paragraph (3) of Code Section 12-3-310, relating to definitions relative to the Lake Lanier Islands Development Authority, a new paragraph to read as follows:
"(3.1) 'Master plan' means that document to be created under the auspices of and adopted by the authority of one of its projects and as that master plan may be amended from time to time pursuant to Code Section 12-3-314.1."
SECTION 19. Said title is further amended by striking in its entirety Code Section 12-3-312, relating to the membership of the Lake Lanier Islands Development Authority and the appointment of members, and inserting in lieu thereof the following:
"12-3-312.
(a) The authority shall consist of nine members as follows: the commissioner of natural resources or his or her designee and eight additional members appointed by the Gover nor as follows:

WEDNESDAY, FEBRUARY 15, 1995

909

(1) Five members from the state at large; (2) One member from Forsyth County; (3) One member from Hall County; and (4) One member from Gwinnett County. Each member appointed by the Governor under this Code section shall serve for a term of four years, with the beginning and ending dates of terms to be specified by the Gov ernor, and until his or her successor is appointed and has qualified. (b) The Governor shall appoint the chairperson of the authority for a term of one year from among the members of the authority. A member may serve no more than two con secutive terms as chairperson nor more than two terms as chairperson in any one four year term as a member of the association. The members of the authority shall elect one of their members as chairman and another as vicc-choimftaa vice-chairperson. They shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person. (c) The authority may make such bylaws for its government as is deemed necessary, but it is under no obligation to do so. (d) Any five members of the authority shall constitute a quorum necessary for the transaction of business; and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this part. However, no person shall be entitled to exercise or cast a proxy vote for any member. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (e) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the author ity, for their services. (f) All members of the authority shall immediately enter upon their duties without fur ther act or formality."
SECTION 20. Said title is further amended by striking in its entirety Code Section 12-3-313, relating to the accountability of the members of the Lake Lanier Islands Development Authority as trustees, and inserting in lieu thereof the following:
"12-3-313.
The members of the authority shall be accountable in all respects as trustees. The authority shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind; and shall submit for inspection all the books together with the proper statement of the authority's financial position once a year on or about December 31 to the state auditor. The books and records shall be inspected and audited by the state auditor at least once in each year."
SECTION 21. Said title is further amended by striking in its entirety Code Section 12-3-314, relating to the powers of the Lake Lanier Islands Development Authority generally, and inserting in lieu thereof the following:
"12-3-314.
The authority shall have power: (1) To have a seal and alter it at pleasure; (2) To acquire, hold, and dispose of personal property for its corporate purposes; (3) To appoint, select, and employ officers, agents, and employees, including engineer ing, architectural, and construction experts, fiscal agents, and attorneys; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale of goods or merchandise, such as, but not limited to, the services of attorneys, accountants, engineers, architects, consultants, and advisors advisers, and to allow suitable compensation for such services; and to make provisions for group insurance,

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retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;
(4) To make contracts and to execute all instruments necessary or convenient, includ ing contracts for construction of projects or contracts with respect to the leasing or use of projects which the authority causes to be subdivided, erected, or acquired; (5) To plan, survey, subdivide, administer, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this part, such projects to be located on property owned or leased by the authority. The cost of any such project shall be paid from its income, from the pro ceeds of revenue anticipation certificates of the authority, or from such proceeds and any loan, gift, or grant from the United States ef- America or any agency or instrumen tality thereof, or the State of Georgia, ef any county, municipal, or local government or governing body; provided, however, that the authority shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the fea sibility of involving private persons or entities in the development, construction, oper ation, and management of the authority's existing projects and such proposed
activities and has filed a copy of such evaluation with the Office of Planning and Bud get and the Recreational Authorities Overview Committee; (6) To accept loans or grants, or both, of money, materials, or property of any kind from the United States ef- America or any agency or instrumentality thereof, including
the Department of Housing and Urban Development, upon such terms and conditions as the United States ef- America or such agency or instrumentality, including the
Department of Housing and Urban Development, may impose; (7) To borrow money for any of its corporate purposes, to issue negotiable revenue anticipation certificates from earnings of such projects, and to provide for the pay
ment of the same and for the rights of the holders thereof; (8) To exercise any power which is usually possessed by private corporations perform ing similar functions and which is not in conflict with the Constitution and laws of
this state; (9) To act as agent for the United States ef- America, or any agency, department, cor poration, or instrumentality thereof, in any manner within the purposes or powers of the authority;
(10) 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; (11) To receive and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corpora tion or from the State of Georgia, or any agency or instrumentality thereof, or from
any county, municipal, or local government or governing body; (12) To hold, use, administer, and expend such sum or sums as may hereafter be received as income, as gifts, or as appropriations by authority of the General Assembly
for any of the purposes of this authority; (13) To do any other things necessary or proper to beautify, improve, and render selfsupporting the island park, to make its facilities available to people of average income,
and to advertise its beauties to the world; (14) To acquire, lease (as lessee), purchase, hold, own, and use any franchise or any property, real or personal, tangible or intangible, or any interest therein; and to sell,
lease (as lessor), transfer, or dispose thereof whenever the same is no longer required for purposes of the authority, or exchange the same for other property or rights which are useful for the purposes of the authority;
(15) To fix, alter, charge, and collect fares, rates, rentals, and other charges for its facilities and for admission to the islands at reasonable rates to be determined exclu sively by the authority;
(16) To operate for hire boats, taxicabs, trains, trolleys, and other vehicles, systems, and facilities and other activities designed for the transportation of persons and prop erty on the islands; to provide concessions, off-street parking, and other facilities for the comfort, safety, and convenience of visitors and other persons on the islands;

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(17) To invest and reinvest any or all idle funds or moneys, including, but not limited to, funds held in reserve or debt retirement or received through the issuance of reve nue certificates or from contributions, gifts, or grants, which cannot be immediately used for the purpose for which received, such investment to be made in any security or securities which are legal investments for executors or trustees; provided, however, that investments in such securities will at all times be held for and, when sold, used for the purposes for which the money was originally received; (18) To grant, on an exclusive or nonexclusive basis, the right to use and occupy streets, roads, sidewalks, and other public places for the purpose of rendering utility services, upon such conditions and for such time as the authority may deem wise; (19) To do all things necessary or convenient to carry out the powers expressly given in this part; and to do any and all other acts and things which this part authorizes or requires to be done, whether or not included in the general powers mentioned in this Code section; or (20) To sell or authorize others to sell, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the premises only:
(A) Upon property owned or controlled by the authority and located within the ter ritorial limits of property controlled by the authority; and (B) Upon watercraft owned or controlled by the authority operating on Lake Sidney Lanier from such property. The authority shall determine by resolution, as it may amend from time to time, the conditions, including hours and days of sale, under which such sales shall be permitted."
SECTION 22. Said title is further amended by inserting immediately following Code Section 12-3-314 a new Code section to read as follows:
"12-3-314.1.
(a) The authority shall, on or before July 1, 1996, cause to be created a master plan for the management, preservation, protection, and development of each of its projects as defined in Code Section 12-3-310. The master plans for adjacent or contiguous projects may be combined into one document. The master plan for a project shall delineate, based upon aerial or other appropriate means of survey, the present and presently antic ipated future uses of the land area of each project and shall also designate areas to be managed as environmentally sensitive and active use areas. (b) In the creation of a master plan for a project, the authority shall, after preparation of a preliminary plan, give notice of the existence of the preliminary plan in the legal organ of the county in which the project is located and in at least two newspapers of state-wide general circulation not less than 60 days prior to the meeting of the authority at which the preliminary plan is to be considered for final adoption. After giving this notice, the authority shall hold a public hearing at a convenient location and receive and consider such oral and written comments on the preliminary plan as may be presented. (c) The authority, in the exercise of its authority to development, manage, preserve, and protect its projects, shall be guided by and shall adhere to the master plan for a project, as the same may from time to time be amended as provided in subsection (d). (d) The authority may from time to time amend the master plan for a project, but only in compliance with the following procedure:
(1) Any proposed amendment to a master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meet ing of the authority; (2) After the proposed amendment is presented publicly at a regular meeting of the authority, a brief summary of the proposed amendment shall be advertised in the legal organ of the county where the project is located, distributed to the media by news release and published in appropriate publications of the authority. Each such adver tisement, news release, and publication shall also contain:
(A) The time and place of the public hearing on the proposed amendment, which public hearing shall be held no earlier than 15 days after the latest publication of the advertisement in the legal organ as required by this paragraph;

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(B) Directions as to the manner of receiving comments from the public regarding the proposed amendment; and (C) The date on which the meeting of the authority at which the proposed amend ment will be considered for approval or rejection, which meeting shall not be held any sooner than 30 days after the meeting of the authority at which the proposed change was announced pursuant to paragraph (1) of this subsection; (3) The authority shall transmit three copies of the information required by para graph (2) of this subsection to the Office of Legislative Counsel at least 30 days prior to the date of the meeting at which the proposed amendment will be considered. The Office of Legislative Counsel shall immediately furnish the presiding officers of each house of the General Assembly with a copy of the information received. The presiding officers, or the Office of the Legislative Counsel if a presiding officer is unavailable, shall then assign the information to the chairperson of the appropriate standing com mittee in each house for review and provide copies to any member of that house who makes or has made a written request; (4) In the event a standing committee to which the information has been assigned as provided in paragraph (3) of this subsection files an objection to a proposed amend ment to the master plan with the chairperson of the authority prior to the authority's taking action on the proposed amendment and the authority adopts the proposed amendment over the objection, the authority shall notify the presiding officers of the Senate and House of Representatives, the chairpersons of the standing committees to which the information was referred, and the Office of the Legislative Counsel within ten days after the adoption of the amendment to the master plan. Thereafter, by introduction of a resolution to override the amendment within the first 30 days of the next regular session of the General Assembly, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption. In the event the resolution is adopted by the members of the branch of the General Assem bly in which it is introduced, it shall be immediately transferred to the other branch of the General Assembly, which branch shall consider the resolution within five days of its being received. In the event the resolution to override the amendment to the master plan is adopted by a vote of two-thirds of the members of each branch, the amendment to the master plan shall be void on the day after the adoption of the reso lution by the second branch of the General Assembly. In the event the resolution is ratified by a vote of less than two-thirds of the members of either house, the resolu tion shall be submitted to the Governor for approval or veto. In the event the resolu tion fails to pass both houses or is vetoed by the Governor, the amendment to the master plan shall remain in effect. In the event of the Governor's approval of the reso lution, the amendment to the master plan shall be void on the day after the date of the Governor's approval of the resolution; (5) Any proposed changes to the boundaries of any area or areas delineated on a master plan as a part of an area designated to be managed as environmentally sensi tive shall, at least seven days prior to the public hearing required by paragraph (2) of this subsection, be surveyed and marked in such a fashion as to be readily discerni ble on the ground by members of the public; and (6) At the meeting of the authority which has been identified in the advertisement required by paragraph (2) of this subsection as the meeting to consider the approval or rejection of the proposed amendment, the authority shall consider in an open and public meeting the proposed amendment to the master plan, which, if approved, shall become a part of the master plan for that project, subject, however, to the provisions of paragraph (4) of this subsection."
SECTION 23. This Act shall become effective upon its approval 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 repealed.

WEDNESDAY, FEBRUARY 15, 1995

913

The following amendment was read:

Representative Twiggs of the 8th moves to amend the Committee substitute to HB 120 by striking lines 8 through 10 of page 29 and inserting in lieu thereof the following:
"(18) Subject to the provisions of Title 3 and a referendum as required by Title 3, to sell or dispense".

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

N Ashe N Bailey N Baker Y Bannister N Barfoot Y Bargeron Y Barnard Y Barnes N Bates N Benefield Y Birdsong N Bordeaux Y Bostick N Breedlove
Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N Canty N Carter N Chambless
E Channel!
Y Childers Y Coker Y Coleman, B N Coleman, T Y Connell
Cox Y Crawford

Y Crews
N Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps N Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin Y Greene Y Grindley N Hanner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henaon Y Holland N Holmes Y Howard N Hudson

N Hugley NIrvin N James N Jamieson Y Jenkins
Y Johnson, G
Y Johnson, J
Y Johnston
N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly NLane N Lawrence NLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal N Orrock

Parham
N Parrish Y Parsons N Pelote Y Perry Y Pinholster NPolak N Porter N Poston Y Powell N Purcell, A Y Purcell, B NRandall N Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw N Sherrill Y Shipp N Simpson
Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T
Y Smith, V

On the adoption of the amendment, the ayes were 93, nays 73. The amendment was adopted.

N Smith, W Smyre
Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson
N Streat N Taylor
N Teague N Teper Y Thomas
Tilhnan N Titus
Towery Y Trense N Turnquest Y Twiggs N Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker N White Y Wiles N Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Evans of the 28th, stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Dobbs of the 92nd moved that the House reconsider its action in adopting the Twiggs amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker N Bannister Y Barfoot N Bargeron N Barnard N Barnes

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

Y Brown, G N Brown, J N Brush EBuck N Buckner N Bunn N Burkhalter NByrd

N Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers N Coker Y Coleman, B

Y Coleman, T N Connell
Cox
N Crawford N Crews Y Culbreth Y Cummings
Davis, G

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N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans
N Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin
Greene N Grindley Y Banner N Harbin N Harris
NHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson

Y Holland Y Holmes N Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston Y Jones
N Joyce NKaye N Kinnamon N Klein
NLadd N Lakly NLane Y Lawrence YLee N Lewis N Lifsey NLord Y Lucas N Maddox NMann

Y Martin Y McBee Y McCall
McClinton Y McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller N O'Neal
Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Perry N Pinholster Y Polak Y Porter Y Poston N Powell Y Purcell, A N Purcell, B Y Randall Y Randolph
YRay N Reaves

N Reichert
Y Roberts N Rogers
Y Royal N Sanders N Sauder E Scoggins N Shanahan NShaw N Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V Y Smith, W
Smyre N Snelling N Snow Y Stallings Y Stancil, F N Stancil, S
Stanley, L

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

Stanley, P N Stephenson N Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman N Titus N Towery N Trense Y Turnquest N Twiggs Y Walker, L N Walker, R.L
N Wall N Watson N Watts N Westmorland N Whitaker Y White N Wiles Y Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The following amendment was read:

Representative Ehrhart of the 36th moves to amend the Committee substitute to HB 120 as follows: On page 3 line 14 after the word "Representatives" add,
one member of the minority party to be included After the word "Senate" add
one member of the minority party to be included.

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

N Ashe N Bailey
Baker Y Bannister
Barfoot Y Bargeron Y Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush EBuck N Buckner Y Bunn

Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless E Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell
Cox Y Crawford Y Crews N Culbreth N Cummings
Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G

YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart NEpps
Evans Y Falls Y Felton
Floyd N Godbee N Golden Y Goodwin N Greene Y Grindley
Hanner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom

Y Hembree Henson
N Holland N Holmes Y Howard
N Hudson N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein
YLadd Y Lakly NLane

Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee YMeCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal
N Orrock N Parham N Parrish

WEDNESDAY, FEBRUARY 15, 1995

915

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

N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder E Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson
Sinkfield N Skipper

N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling NSnow N Stallings
N Stancil, F Y Stancil, S
Stanley, L

Stanley, P N Stephenson
Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs N Walker, L

Y Walker, R.L Y Wall N Watson N Watts
Y Westmorland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 67, nays 91. The amendment was lost.

The following amendments were read and adopted:

Representatives Dobbs of the 92nd, Smith of the 169th and Coleman of the 142nd move to amend the Committee substitute to HB 120 by striking lines 41 on page 3 through line 2 on page 4 and inserting in lieu thereof the following:
"its duties as set forth in this part."

Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 120 by striking on line 5 of page 1 the word "Recreation" and inserting in lieu thereof the word "Recreational".
By inserting on line 12 of page 1, following the word and symbol "chairperson;", the words and symbol "to define a certain term relative to such association;".
By inserting on line 16 of page 1, following the word and symbol "Authority;", the words and symbol "to provide that a certain area of Jekyll Island shall be protected from devel opment and alienation;".
By striking on line 3 of page 15, line 26 of page 25, and line 15 of page 33 the word "asso ciation" and inserting in lieu thereof the word "authority".
By inserting on line 43 of page 16, immediately following the word "reimbursement", the words "from funds available to the authority".
By striking on line 36 of page 17; lines 8, 11, and 23 of page 18; line 22 of page 20; lines 22, 35, and 37 of page 27; and line 5 of page 28 the words "of America" and inserting in lieu thereof the words "ef- America".
By striking on line 5 of page 18 the word "Recreation" and inserting in lieu thereof the word "Recreational".
By inserting immediately following line 37 of page 21 the following:
"Said title is further amended by striking in its entirety subsection (a) of Code Section 12-3-243, relating to the subdivision, improvement, and alienation of certain property located on Jekyll Island, and inserting in lieu thereof the following:
'(a)^l) The authority is empowered to survey, subdivide, improve, and lease or sell to the extent and in the manner provided in this part, as subdivided and improved, not more than 35 percent of the land area of Jekyll Island which lies above water at mean high tide, provided that the authority shall in no way sell or otherwise dispose of any riparian rights; and provided, further, that the beach areas of Jekyll Island will never be sold but will be kept free and open for the use of the people of the state.

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(2) The authority shall not survey, subdivide, improve, lease, sell, develop, or other wise cause a project to be constructed on the 65 percent of the land area of Jekyll Island which the authority is not empowered to survey, subdivide, improve, and lease or sell pursuant to paragraph (1) of this subsection; provided, however, that nothing in this paragraph shall be construed as to require the removal of any improvement on such land area which was completed on the effective date of this paragraph.'"
By redesignating Sections 13 through 24 as Sections 14 through 25, respectively.
By inserting on line 18 of page 25, immediately following the word "members", the words "who shall serve terms of four years from the date of their appointment and shall be".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Charobless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Cox Y Ctawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
E Scoggins YShanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P
Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Towery YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 171, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 283. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to prohibit certain price increases for certain goods when there is a declared state of emergency.

WEDNESDAY, FEBRUARY 15, 1995

917

The following Committee substitute was read and adopted:

A BILL
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to provide that it shall be an unfair and deceptive business practice to sell goods or services in an area in which a state of emergency has been declared at a price higher than such goods or services sold for prior to such declaration; to provide for exceptions; to provide for penalties; to amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers during declared states of emergencies, so as to provide that the governing authori ties of counties and municipal corporations may by ordinance provide for the registration of businesses during a declared state of emergency; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," is amended by inserting immediately following Code Section 10-1-393.3 a new Code section to read as follows:
"10-1-393.4.
(a) It shall be an unlawful, unfair, and deceptive trade practice for any person, firm, or corporation doing business in any area in which a state of emergency, as such term is defined in Code Section 38-3-3, has been declared, for as long as such state of emergency exists, to sell or offer for sale at retail any goods or services necessary to preserve, pro tect, or sustain the life, health, or safety of persons or their property at a price higher than the price at which such goods were sold or offered for sale immediately prior to the declaration of a state of emergency; provided, however, that such price may be increased only in an amount which accurately reflects an increase in cost of the goods or services to the person selling the goods or services or an increase in the cost of trans porting the goods or services into the area. (b) Notwithstanding the provisions of subsection (a) of this Code section, a retailer or installer of lumber, plywood, and other lumber products may increase the price of such products as may be necessary to replenish his or her existing daily stock at current mar ket rates, maintaining the same markup percentage he or she applied prior to the state of emergency."
SECTION 2. Said part is further amended by striking in its entirety subsection (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders and to impose civil penalties, and inserting in lieu thereof the following:
"(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, Code Section 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, Code Section 10-1-393.4, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he or she may:
(1) Subject to notice and opportunity for hearing in accordance with Code Section 10-1-398, unless the right to notice is waived by the person against whom the sanction is imposed:
(A) Issue a cease and desist order prohibiting any unfair or deceptive act or practice against any person; or (B) Issue an order against a person who willfully violates this part, imposing a civil penalty up to a maximum of $2,000.00 per violation; or (2) Upon a showing by the administrator in any superior court of competent jurisdic tion that a person has violated or is about to violate this part, a rule promulgated

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under this part, or an order of the administrator, the court may enter or grant any or all of the following relief:
(A) A temporary restraining order or temporary or permanent injunction; (B) A civil penalty up to a maximum of $5,000.00 per violation of this part; (C) A declaratory judgment; (D) Restitution to any person or persons adversely affected by a defendant's actions in violation of this part; (E) The appointment of a receiver, auditor, or conservator for the defendant or the defendant's assets; or (F) Other relief as the court deems just and equitable."
SECTION 3. Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency powers during declared states of emergency, is amended by inserting at the end thereof a new Code section to read as follows:
"38-3-56.
Notwithstanding any other provisions of law, the governing authority of any county or municipality may provide by ordinance for a program of emergency registration of all or certain designated classes of businesses doing business in the county or municipality during a state of emergency declared by the Governor. Such ordinance may be imple mented for a period during which the state of emergency continues and for a subsequent recovery period of up to three months at the direction of the governing authority. In any county or municipality adopting such an ordinance, no business subject to the ordi nance may do business in the county or municipality without first registering in conformance with the provisions of the ordinance."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush E Buck Y Buckner Y Bunn N Burkhalter Y Byrd Y Campbell Y Canty
Carter Y Chambless E Channell Y Childers

Y Coker
Y Coleman, B Y Coleman, T Y Connell
Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G N Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs YEhrhart Y Epps N Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner

Y Harbin
Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee

Y Lewis
Y Lifsey Y Lord Y Lucas Y Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F

WEDNESDAY, FEBRUARY 15, 1995

919

Y Stancil, S Y Stanley, L Y Stanley, P YStephenson
Streat YTaylor

Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery

Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, B.L Y Wall

Y Watson Y Watts N Westmorland N Whitaker Y White Y Wiles

Y Williams, B N Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 10.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 124. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th, Holland of the 157th and Greene of the 158th:
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 122, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tern assumed the Chair,

HB 340. By Representative Barnes of the 33rd:
A bill to amend Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," so as to provide for the forfeiture of motor vehicles used in the commission or to facilitate the commission of a burglary or armed robbery; to provide procedures; to provide for notice to certain persons having an interest in the property subject to forfeiture.

The following Committee substitute was read and adopted:

A BILL
To amend Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Georgia," so as to provide for the forfeiture of motor vehicles, tools, and weapons used or intended for use in the commission or to facilitate the commission of a burglary or armed robbery; to provide procedures; to provide for notice to certain persons having an interest in the property subject to forfeiture; to provide for the disposition of property forfeited or the proceeds derived from forfeited property; to provide certain exceptions; to require law enforcement agencies to file certain reports relating to money, currency, or proceeds realized from forfeited property received; 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 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Geor gia," is amended by adding following Chapter 15 a new Chapter 16 to read as follows:
"CHAPTER 16
16-16-1. As used in this chapter, the term:

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(1) "Armed robbery" means the offense defined in subsection (a) of Code Section 16-8-41.
(2) "Burglary" means the offense defined in subsection (a) of Code Section 16-7-1.
16-16-2.
(a) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a burglary or armed rob bery are subject to forfeiture under this chapter, but:
(1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a consent ing party or privy to the commission of a burglary or armed robbery; (2) No motor vehicle is subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission is protected to the extent of the inter est of such co-owner; (3) A forfeiture of a motor vehicle encumbered by a bona fide security interest is sub ject to the interest of the secured party if he or she neither had knowledge of or nor consented to the act or omission; and (4) A motor vehicle shall not be subject to forfeiture under this chapter if the vehicle was used in the commission of or to facilitate the commission of burglary only and no defendant charged with commission of that burglary has been previously convicted of a burglary. (b) Property subject to forfeiture under this chapter may be seized by any law enforce ment officer of this state or any political subdivision thereof who has the power to make arrests upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if: (1) The seizure is incident to an arrest or a search under a search warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon this chapter; or (3) If probable cause exists that the vehicle, tool, or weapon is subject to seizure. (c) Property taken or detained under this Code section shall not be subject to replevin but is deemed to be in the custody of the superior court wherein the seizure was made or in custody of the superior court where it can be proven that the burglary or armed robbery was committed, subject only to the orders and decrees of the court having juris diction over the forfeiture proceedings. When property is seized under this chapter, law enforcement officers seizing such property shall: (1) Place the property under seal; (2) Remove the property to a place designated by the judge of the superior court hav ing jurisdiction over the forfeiture as set out in this subsection; or (3) Deliver such property to the sheriff or police chief of the county in which the sei zure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law. (d) When property is seized under this chapter, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 60 days from the date he or she receives notice of the seizure, the district attorney of the judicial circuit shall cause to be filed in the superior court of the county in which the property is seized or detained an in rem complaint for forfeiture of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the complaint shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The complaint shall describe the property, state its location, state its present custodian, state the name of the owner, if known to the duly authorized agent of the state, allege the essential elements of the violation upon which the forfeiture is based, and shall conclude with a prayer of due process to enforce

WEDNESDAY, FEBRUARY 15, 1995

921

the forfeiture. Upon the filing of such a complaint, the court shall promptly cause pro cess to issue to the present custodian in possession of the property described in the com plaint, commanding him or her to seize the property described in the complaint and to hold that property for further order of the court. A copy of the complaint shall be served on the owner or lessee, if known. A copy of the complaint shall also be served upon any person having a duly recorded security interest in or lien upon that property. If the owner or lessee is unknown or resides out of the state or departs the state or can not after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriffs advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not con stitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. An owner of or interest holder in the property may file an answer asserting a claim against the prop erty in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal ser vice has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applica ble to an answer in civil actions, the answer must set forth:
(1) The caption of the proceedings as set forth in the complaint and the name of the claimant; (2) The address at which the claimant will accept mail; (3) The nature and extent of the claimant's interest in the property; (4) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (5) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (6) All essential facts supporting each assertion; and (7) The precise relief sought.
If at the expiration of the period set forth in this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court without a jury. If the court determines that a claimant defending the complaint knew or by the exercise of ordinary care should have known that the property was to be used for an unlawful purpose subjecting it to forfeiture under this chapter, the court shall order the disposi tion of the seized property as provided in this Code section and that claimant shall have no claim upon the property or proceeds from the sale thereof.
(e)(l) When property is forfeited under this chapter, the judge of the superior court in the county where the seizure was made or in the county in which it can be proven that the burglary or armed robbery was committed may dispose of the property by issuing an order to:
(A) Retain it for official use by any agency of this state or any political subdivision thereof;
(B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including but not limited to the expenses of sei zure, maintenance of custody, advertising, and court costs; or
(C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law.
(2) (A) Money, currency, or proceeds which are realized from the sale or disposition of forfeited property shall after satisfaction of the interest of secured parties and

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after payment of all costs vest in the local political subdivision whose law enforce ment officers seized it. If the property was seized by a municipal law enforcement agency then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that municipality. If the property was seized by a county law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county. If the property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county and that municipality and shall be divided equally between the county and municipality. If the property was seized by a state law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of all costs, the local gov ernment in which the money, currency, or proceeds realized from the forfeited property vests shall expend or use such funds or proceeds received for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforce ment agency, or to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. (B) Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be sub mitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashc Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes Y Bates
Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove
Brooks, D N Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty
Carter Y Chambless E Channell Y Childers Y Coker

Y Coleman, B Y Coleman, T
Connell Cox Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris

Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord

Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves

Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stencil, S Y Stanley, L N Stanley, P Y Stephenson Y Streat

WEDNESDAY, FEBRUARY 15, 1995

923

Y Taylor Y Teague Y Teper Y Thomas Y Tillman

Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts

Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B

Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 260. By Representatives Barnes of the 33rd, Grindley of the 35th, Parsons of the 40th, Wiles of the 34th, Klein of the 39th and others:
A resolution creating the Joint Study Committee on Pilot Projects in the Cobb Judicial Circuit.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush EBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell Y Canty
Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stencil, 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 167, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 170. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to enact a "Crime Victims' Bill of Rights".

924

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal proce dure, so as to change and make provisions relating to rights of victims of crimes; to increase the maximum amount of compensation payable to and on behalf of victims of crimes; to enact a "Crime Victims' Bill of Rights"; to state legislative findings; to provide a short title; to define terms; to provide for certain rights to victims of certain crimes; to provide for designation of other persons to exercise such rights under certain circum stances; to provide for notification to victims of certain matters by law enforcement per sonnel; to provide for promulgation of information by the Criminal Justice Coordinating Council; to provide for notification to victims of certain matters by prosecuting attorneys; to provide for separation of victims from defendants and related parties during court pro ceedings; to provide that victims shall not be required to give personal identifying testi mony under certain circumstances; to provide for a victim's right to express his or her opinion with respect to certain issues; to provide for notice by the State Board of Pardons and Paroles prior to consideration of a pardon, parole, or other clemency; to provide for procedural matters; to provide for effect with respect to civil and criminal liability; to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institutions and penal matters in general, so as to change provisions relating to notification to victims when offenders have a change in custodial status; 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 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-15-8, relating to an award of compensation to a crime victim, by striking paragraph (1) of subsection (c) of said Code section in its entirety and inserting in lieu thereof the following:
"(c)(l) Notwithstanding any other provisions of this chapter, no award made under the provisions of this chapter shall exceed $1,000.00 in the aggregate; provided, how ever, with respect to any claim filed with the board as a result of a crime occurring on or after July 1, 1004 1995, no award made under the provisions of this chapter pay able to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $6,000.00 $10,000.00 in the aggregate."
SECTION 2. Said title is further amended by adding a new Chapter 17 to read as follows:
"CHAPTER 17
17-17-1. The General Assembly hereby finds and declares it to be the policy of this state that victims of crimes should be accorded certain basic rights just as the accused are accorded certain basic rights.
17-17-2. This chapter shall be known and may be cited as the 'Crime Victims' Bill of Rights.'
17-17-3. As used in this chapter, the term:
(1) 'Accused' means a person suspected of and subject to arrest for, arrested for, or convicted of a crime against a victim. (2) 'Arresting law enforcement agency' means any law enforcement agency, other than the investigating law enforcement agency, which arrests the accused. (3) 'Compensation' means awards granted by the Georgia Crime Victims Compensa tion Board pursuant to Chapter 15 of this title.

WEDNESDAY, FEBRUARY 15, 1995

925

(4) 'Crime' means an act committed in this state which constitutes any violation of Chapter 5 of Title 16, relating to crimes against persons; Chapter 6 of Title 16, relat ing to sexual offenses; Article 1 and Article 3 of Chapter 7 of Title 16, relating to bur glary and arson; or Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery. (5) 'Custodial authority" means a warden, sheriff, jailer, deputy sheriff, police officer, correctional officer, officer or employee of the Department of Corrections or the Department of Children and Youth Services, or any other law enforcement officer having actual custody of the accused. (6) 'Investigating law enforcement agency' means the law enforcement agency in whose jurisdiction the crime was committed. (7) 'Notification' means a written notice when time permits or, failing such, a documented effort to reach the victim by telephonic or other means. (8) 'Person' means an individual. (9) 'Prompt notification' means notification given to the victim as soon as practically possible so as to provide the victim with a meaningful opportunity to exercise his or her rights pursuant to this chapter. (10) 'Prosecuting attorney' means the district attorney, the solicitor of state or other courts, the Attorney General, a county attorney opposing an accused in a habeas cor pus proceeding, or the designee of any of these. (11) 'Victim' means: *
(A) A person against whom a crime has been perpetrated; or (B) In the event of the death of the crime victim, the following relations if the rela tion is not either in custody for an offense or the defendant:
(i) The spouse; (ii) An adult child if division (i) does not apply; (iii) A parent if divisions (i) and (ii) do not apply; (iv) A sibling if divisions (i) through (iii) do not apply; (v) A grandparent if divisions (i) through (iv) do not apply; or (C) A parent, guardian, or custodian of a crime victim who is a minor or a legally incapacitated person except if such parent, guardian, or custodian is in custody for an offense or is the defendant.
17-17-4.
If a victim is physically unable to exercise privileges and rights under this chapter, the victim may designate by written instrument his or her spouse, adult child, parent, sib ling, or grandparent to act in place of the victim during the duration of the physical dis ability. During the physical disability, notices to be provided under this chapter to the victim shall continue to be afforded only to the victim.
17-17-5.
(a) All victims, wherever practicable, shall be entitled to notification as defined by para graph (7) of Code Section 17-17-3 of the accused's arrest, of the accused's release from custody, and of any judicial proceeding at which the release of the accused will be con sidered. No such notification shall be required unless the victim provides a landline tele phone number other than a pocket pager or electronic communication device number to which such notice can be directed. (b) The investigating law enforcement agency, prosecuting attorney, or custodial author ity who is required to provide notification pursuant to this Code section shall advise the victim of his or her right to notification and of the requirement of the victim's providing a landline telephone number other than a pocket pager or electronic communication device number to which the notification shall be directed. Such victim shall transmit the telephone number described in this subsection to the appropriate investigating law enforcement agency, prosecuting attorney, or custodial authority as provided for in this chapter.
17-17-6.
(a) Upon initial contact with a victim, all law enforcement and court personnel shall make available to the victim the following information written in plain language:

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(1) The possibility of pretrial release of the accused, the victim's rights and role in the stages of the criminal justice process, and the means by which additional informa tion about these stages can be obtained. (2) The availability of victim compensation; and (3) The availability of community based victim service programs. (b) The Criminal Justice Coordinating Council is designated as the coordinating entity between various law enforcement agencies, the courts, and social service delivery agen cies. The Criminal Justice Coordinating Council shall develop and disseminate written information upon which law enforcement personnel may rely in disseminating the infor mation required by this chapter.
17-17-7.
(a) Whenever possible, the investigating law enforcement agency shall give to a victim prompt notification as defined in paragraph (7) of Code Section 17-17-3 of the arrest of an accused. (b) The arresting law enforcement agency shall promptly notify the investigating law enforcement agency of the accused's arrest. (c) Whenever possible, the prosecuting attorney shall notify the victim prior to any pro ceeding in which the release of the accused will be considered. (d) Whenever possible, the prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the release of the accused pending judicial proceed ings. (e) The custodial authority shall give prompt notification to a victim of the release of the accused.
(1) Prompt notification of release from a county or municipal jail is effected by plac ing a telephone call to the telephone number provided by the victim and giving notice to the victim or any person answering the telephone who appears to be sui juris or by leaving an appropriate message on a telephone answering machine. (2) Notification of release from the custody of the state or any county correctional facility shall be in the manner provided by law. (f) If the court has granted a pretrial release or supersedeas bond, the victim shall have the right to file a written complaint with the prosecuting attorney asserting acts or threats of physical violence or intimidation by the accused or at the accused's direction against the victim or the victim's immediate family. Based on the victim's written com plaint or other evidence, the prosecuting attorney may move the court that the bond or personal recognizance of an accused be revoked.
17-17-8.
(a) Within three business days after arraignment or a preliminary commitment hearing, whichever is first, a prosecuting attorney shall give prompt notification to the victim of the following:
(1) The procedural steps in processing a criminal case; (2) The rights and procedures of victims under this chapter; (3) Suggested procedures if the victim is subjected to threats or intimidation; and (4) The names and telephone numbers of contact persons at both the office of the custodial authority and in the prosecuting attorney's office. (b) If requested in writing by the victim and to the extent possible, the prosecuting attorney shall give prompt advance notification of any scheduled court proceedings and notice of any changes to that schedule. Court proceedings shall include, but not be lim ited to, pretrial commitment hearings, arraignment, motion hearings, trial, sentencing, appellate review, and post-conviction relief. The prosecuting attorney shall notify all vic tims of the requirement to make such request in writing.
17-17-9.
The victim shall have the right to wait in an area separate from the accused, from the family and friends of the accused, and from witnesses for the accused during any judicial proceeding involving the accused, provided that such separate area is available and its use in such a manner practical. If such a separate area is not available or practical, the

WEDNESDAY, FEBRUARY 15, 1995

927

court, upon request of the victim made through the prosecuting attorney, shall attempt to minimize the victim's contact with the accused, the accused's relatives and friends, and witnesses for the accused during any such judicial proceeding.
17-17-10. The court shall not require or permit any counsel to inquire as to the victim's current address, telephone number, or place of employment except by order of the court after a hearing and based on a finding that the need for such disclosure outweighs the victim's right to protection.
17-17-11. The prosecuting attorney shall offer the victim the opportunity to express the victim's opinion on the disposition of an accused's case, including the views of the victim regard ing:
(1) Plea or sentence negotiations; and (2) Participation in pretrial or post-conviction diversion programs. This provision shall not limit any other right created pursuant to state law.
17-17-12. (a) Upon the request of the victim, the prosecuting attorney shall notify the victim of the following:
(1) That the accused has filed a motion for new trial or an appeal of his or her con viction; (2) Whether the accused has been released on bail or other recognizance pending the disposition of the motion or appeal; (3) The time and place of any appellate court proceedings relating to the motion or appeal and any changes in the time or place of those proceedings; and (4) The result of the motion or appeal. (b) In the event the accused is granted a new trial or the conviction is reversed and the case is returned to the trial court for further proceedings, the victim shall be entitled to request the rights and privileges provided by this chapter.
17-17-13. The State Board of Pardons and Paroles shall give 20 days' advance notification to a victim whenever it considers making a final decision to grant parole or any other manner of executive clemency action to release a defendant for a period exceeding 60 days; and the board shall provide the victim with an opportunity to file a written objection to such action. No notification need be given unless the victim has expressed objection to release or has expressed a desire for such notification and has provided the State Board of Par dons and Paroles with a current address and telephone number.
17-17-14. (a) It is the right and responsibility of the victim who desires notification under this chapter or under any other notification statute to keep the following informed of the victim's current address and phone number:
(1) The investigating law enforcement agency; (2) The prosecuting attorney, until final disposition or completion of the appellate and post-conviction process, whichever occurs later; and (3) As directed by the prosecuting attorney, the sheriff if the accused is in the sheriffs custody for pretrial, trial, or post-conviction proceedings; the Department of Corrections if the accused is in the custody of the state; or any county correctional facility if the defendant is sentenced to serve time in a facility which is not a state facility; and (4) The State Board of Pardons and Paroles. (b) Current addresses and telephone numbers of victims and their names provided for the purposes of notification pursuant to this chapter or any other notification statute shall be confidential and used solely for the purposes of this chapter and shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records.

928

JOURNAL OF THE HOUSE,

17-17-15. (a) Failure to provide or to timely provide any of the information or notifications required by this chapter shall not subject the person responsible for such notification or that person's employer to any liability for damages. (b) Failure to provide a victim with any of the rights required by law shall not give an accused a basis for error in either an appellate action or a post-conviction writ of habeas corpus. (c) This chapter does not confer upon a victim any standing to participate as a party in a criminal proceeding or to contest the disposition of any charge. (d) The enumeration of these rights shall not be construed to deny or diminish other notification rights granted by state law. (e) The victim may waive any of the information or notification or other rights provided for by this chapter."
SECTION 2. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions and penal matters in general, is amended by striking Code Section 42-1-11, relating to crime victim notification, and inserting in its place a new Code Section 42-1-11 to read as follows:
"42-1-11.
(a) As used in this Code section, the term: (1) 'Commissioner' means the commissioner ef corrections. (3)(1) 'Crime' means an act committed in this state which constitutes ft crime 9 delinecl oy stfltc OF tcdorfll isw cmct wnicri results ~tR pnysicsi injury ~or fledtii "to tiie victim any violation of Chapter 5 of Title 16, relating to crimes against persons; Chap ter 6 of Title 16, relating to sexual offenses; Article 1 and Article 3 of Chapter 7 of Title 16, relating to burglary and arson; or Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery. {3}(2| 'Crime against the person or sexual offense' means any crime provided for in Chapter 5 or 6 of Title 16. (3) 'Custodial authority' means the commissioner of corrections if the offender is in the physical custody of the state, or the sheriff if the offender is incarcerated in a county jail, or the warden if the offender is incarcerated in a county correctional insti tution. (4) 'Offender' means a person sentenced to a term of incarceration in a state or county correctional institution.
of ft crintc &Rx sriflii include me in DC rs Or trie imriieQifltc iflwiiiy of ft victim wtio flies
(b) If the identity of a victim of a crime has been verified by the district attorney, who has, at the request of such victim, mailed a letter to the commissioner ef corrections cus todial authority requesting that the victim be notified of a change in the custodial status of an offender, then the commissioner ef- corrections er the commissioner's dcoigncc cus todial authority shall make a good faith effort to notify the victim that the offender is to be released from imprisonment, including release on extended furlough; transferred to work release; released by mandatory release upon expiration of sentence; or has escaped from confinement; or if the offender has died. The good faith effort to notify the victim must occur prior to the release or transfer noted in this subsection. For a vic tim of a felony crime against the person or sexual offense for which the offender was sentenced to a term of imprisonment of more than 18 months, the good faith effort to notify the victim must occur no later than ten days before the offender's release from imprisonment, transfer to or release from work release i or as soon thereafter as is prac tical in situations involving emergencies. (c) The notice given to a victim of a crime against a person or sexual offense must include the conditions governing the offender's release or transfer and either the identity of the corrections agent or the county officer who will be supervising the offender's release or a means to identify the agency that will be supervising the offender's release.

WEDNESDAY, FEBRUARY 15, 1995

929

The commiaaienef of corrections or the commissioner's dcsigncc custodial authority com plies with this Code section upon mailing the notice of impending release to the victim at the address which the victim has most recently provided to the commissioner or cus todial authority in writing. (d) If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the commisaieBer or ether custodial authority shall make all reasonable efforts to notify a victim who has requested notice of the offender's release under subsection (b) of this Code section within six hours after discovering the escape, or as soon thereafter as is practical, and shall also make reasonable efforts to notify the victim within 24 hours after the offender is apprehended or as soon thereafter as is practical. In emergencies, telephone notification for the victim will be attempted and the results documented in the offender's central file. (e) All identifying information regarding the victim, including the victim's request and the notice provided by the commisaieaef or the commissioner's dcsigncc custodial authority, shall be confidential and accessible only to the victim. It is the responsibility of the victim to provide the commissienef custodial authority with a current address. (f) A designated official in the Department of CorrectionSj the county correctional facil ity, and the sheriffs office shall coordinate the receipt of all victim correspondence and shall monitor staff responses to requests for such notification from victims of crime. (g) The commissioner and the Department of Corrections custodial authority shall not be liable for a failure to notify the victim."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
Carter Y Chambless E Channel! Y Childers
Coker Y Coleman, B Y Coleman, T
Connell Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Y Murphy, Spkr

930

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the ayes were 169, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Coker of the 31st stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

HB 255. By Representative Parham of the 122nd:
A bill to amend Code Section 40-5-57 of the Official Code of Georgia Anno tated, relating to suspension or revocation of a license of a habitually negli gent or dangerous driver, so as to conform the fee provided for in this provision for reinstatement of a license suspended for an accumulation of points to the fee otherwise provided for such reinstatements.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for the filing of convictions received by the department on a driver's record; to provide that courts shall forward certain convictions to the depart ment; to conform the fee provided for in this provision for reinstatement of a license sus pended for an accumulation of points to the fee otherwise provided for such reinstatements; 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 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking subsection (c) of Code Section 40-5-2, relating to the keep ing of driver's license records by the Department of Public Safety, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The department shall also file all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code section 40-5-54, Code Sec tion 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license suspension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of Title 40, the 'Motor Vehicle Safety Responsibility Act,' and Chapter 34 of Title 33, the 'Georgia Motor Vehicle Accident Reparations Act,' any felony offense under Title 40, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which he such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operat ing record to the public as provided in paragraphs (1) and (2) of subsection (d) of this Code section, the period of calculation for compilation of such report shall be deter mined by the date of arrest."
SECTION 2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 40-5-53, relating to when courts are to send licenses and reports of convictions to the department, in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:

WEDNESDAY, FEBRUARY 15, 1995

931

"(b) Every court in each county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing or parking, a uniform cita tion form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the report 25$ for each report required to be for warded; and notwithstanding any general or local law to the contrary, the clerk shall retain such 25$ fee as additional compensation. (c) Every court in each county of this state having a population of less than 550,000 according to the United States decennial census of 1980 or any future such census and having jurisdiction over offenses committed under this chapter or Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial vehicle for which no points are assigned under Code Section 40-5-57, standing or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other pro vision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state may transmit the information contained on the uniform citation form by electronic means, provided that the department has first given approval to the reporting court for the electronic reporting method utilized. The department shall pay to the clerk of the court forwarding the report 25$ for each report required to be for warded; and in those cases where the clerk receiving such 25$ fee is compensated solely on a fee basis, the clerk shall retain such 25$ fee as additional compensation. In those cases where the clerk receiving such 25$ fee is compensated in whole or in part on a salary basis, such fee shall be the property of and shall be paid over to the city or county operating the court, unless expressly provided otherwise in a local law relating to the compensation of such clerk."
SECTION 3. Said chapter is further amended by striking subsection (f) of Code Section 40-5-57, relat ing to suspension of the license of a habitually dangerous or negligent driver for accumula tion of points on a driver's record, in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) 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 discre tion shall be guided by the driver's past driving record and performance, and the driver shall pay ft fee ef- $36.00 er $26.00 when seh reinstatement is processed by mail the fee provided for in Code Section 40-5-84 for the return of his or her license."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

932

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 Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Carter
Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Cox
Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H
Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Gcodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Y Poston
Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph
Ray Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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

HB 185. By Representatives Powell of the 23rd and Parham of the 122nd:
A bill to amend Chapter 11 of Title 40 of the Official Code of Georgia Anno tated, relating to abandoned motor vehicles, so as to change certain proce dures regarding the reporting of an abandoned motor vehicle.

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

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

Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless

E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Cox Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M
YDay

Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden

Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

WEDNESDAY, FEBRUARY 15, 1995

933

Y Howard Y Hudson Y Hugley Y Irvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey

YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster

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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw
Y Sherrill
Y Shipp Y Simpson

Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling
YSnow
Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 273. By Representative Childers of the 13th:
A bill to amend Code Section 43-10A-17 of the Official Code of Georgia Annotated, relating to enforcement of licensing law provisions by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide for mental and physical examina tions of licensees in aid of enforcement proceedings under certain circum stances.

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 Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield
Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush EBuck Y Buckner YBunn
Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers

Y Coker
Y Coleman, B Y Coleman, T
Connell Cox Y Crawford Y Crews Y Culbreth Y Cummings Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner

Y Harbin Y Harris
Hart Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee

Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster
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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F

934

JOURNAL OF THE HOUSE,

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 Walker, L Y Walker, R.L
Y Wall

Y Watson
Y Watts Y Westmorland Y Whitaker Y White Y Wiles

Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 165, nays 0. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 409 was postponed.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Judiciary and referred to the Committee on Special Judiciary:

HB 157. By Representatives Randall of the 127th, Mobley of the 69th and Turnquest of the 73rd:
A bill to amend Article 2 of Chapter 34 of the Official Code of Georgia Annotated, relating to physicians, so as to provide for a lien on services per formed.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Special Judiciary and referred to the Committee on Game, Fish and Parks:

HB 223. By Representatives Mills of the 21st, Rogers of the 20th and Smith of the 19th:
A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide that any person who causes the death of another by reason of the violation of certain provisions of such article shall be guilty of a felony.

The following Resolutions of the House were read and adopted:

HR 336. By Representatives Barnes of the 33rd, Klein of the 39th, Wiles of the 34th, Parsons of the 40th, Grindley of the 35th and others:
A resolution commending Honorable Mary Ellen Staley.

HR 337. By Representatives Murphy of the 18th and Watts of the 26th: A resolution commending L.J. and Irma Heard.

HR 338. By Representative Hanner of the 159th:
A resolution recognizing the historical significance of this 103rd anniversary of the first official celebration of Arbor Day in Georgia.

HR 339. By Representative Hanner of the 159th:
A resolution commending the Georgia Recycling Market Development Coun cil.

WEDNESDAY, FEBRUARY 15, 1995

935

HR 340. By Representatives Mueller of the 152nd, Pelote of the 149th, Thomas of the 148th, Day of the 153rd and Bordeaux of the 151st:
A resolution recognizing and commending the Savannah-Chatham League of Women Voters.

HR 341. By Representative Mobley of the 86th: A resolution commending Mrs. Eva H. Dunahoo.

HR 342. By Representative Grindley of the 35th:
A resolution recognizing and commending the Osborne High School Stock Market Game Teams.

HR 343. By Representatives Smith of the 102nd, Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th, Taylor of the 134th and others:
A resolution expressing condolences regarding the passing of Virginia Hand Callaway.

HR 344. By Representative Westmoreland of the 104th: A resolution commending Don Cass.

HR 345. By Representatives Epps of the 131st, Hugley of the 133rd, Stanley of the 49th, Stanley of the 50th, Smyre of the 136th and others:
A resolution commemorating the establishment of the Town of Cannonville in Troup County, Georgia.

HR 346. By Representatives McBee of the 88th, Chambless of the 163rd, Stancil of the 91st, Buck of the 135th and Heard of the 89th:
A resolution commending Dr. Mary A. Hepburn.

HR 347. By Representatives Lawrence of the 64th, Polak of the 67th, Mobley of the 69th, Randolph of the 72nd, Ladd of the 59th and others:
A resolution commending Dr. Maxine Sample.

HR 348. By Representatives Connell of the 115th, Powell of the 23rd, Watson of the 139th, Bostick of the 165th, Hudson of the 156th and others:
A resolution expressing regret at the passing of Mr. James Franklin Echols, Sr.

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

HR 349. By Representatives Birdsong of the 123rd, Bargeron of the 120th, Purcell of the 9th and Smith of the 175th:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives.

936

JOURNAL OF THE HOUSE,

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

THURSDAY, FEBRUARY 16, 1995

937

Representative Hall, Atlanta, Georgia Thursday, February 16, 1995

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

Ashe Bailey Bannister Barfoot Bargeron Barnard Barnes Benefield
Birdsong
Bordeaux
Bostick Brooks, D Brooks, T Brown, J Brush Buck Buckner
Bunn Burkhalter Byrd Campbell Canty
aS*.
Childers Coker
Coleman, B
Connell
Cox

Crawford Culbreth Cummings Davis, M Day DeLoach, B DeLoach, G Dix
Dixon, H
Ehrhart
Epps Evans Falls Felton Floyd Godbee Golden
Goodwin Greene Grmdley Harbin Harris
.
Hembree Henson
Holland
Howard
Hudson

Hugley Irvin James Jamieson Johnson, G Johnson, J Johnston Kaye
Kinnamon
Ladd
Lakly Lane Lawrence Lee Lewis Lifsey Lord
Mann Martin McBee McCall McClmton
Mr""
Mobley, J Mosley
Mueller
O'Neal
Parham

Parsons Pelote Perry Pinholster Polak Porter Poston Powell
Purcell, A
Purcell, B
Randolph Reaves Reichert Roberts Rogers Royal Sanders
Sauder Shanahan shaw sherrill shi
|S-
Skipper Smith, C
Smith, L
Smith, P
Smith, T

Smith, V Smith, W Snelling Snow Stancil, F Stancil, S Stephenson Streat
Taylor
Thomas
Tillman Titus Trense Walker, L Walker, R.L Wall Watson
Watts Westmoreland Whitaker white wi,
Williams, B
Wi hams, J Williams, K
Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Smith of the 19th, Heckstall of the 55th, Teper of the 61st, Lucas of the 124th, Bates of the 179th, Stanley of the 50th, Breedlove of the 85th, Towery of the 30th, Dobbs of the 92nd, Parrish of the 144th, Smyre of the 136th, Jones of the 71st, Klein of the 39th, Dixon of the 150th, Stanley of the 49th, Coleman of the 142nd, Sinkfield of the 57th, Baker of the 70th, Crews of the 78th, Teague of the 58th, Twiggs of the 8th and Ray of the 128th.
They wish to be recorded as present.

House of Representatives State Capitol, Room 401 Atlanta, Georgia 30334

MEMORANDUM

DATE: TO: FROM:
RE:

February 16, 1995 Robert E. Rivers, Clerk William C. Randall, Chairman House Special Judiciary ROLL CALL

Mr. Rivers again, I ask you to please make sure that members of the House Special Judi ciary Committee are marked present for today's roll call. Our meeting did not adjourn until 10:15 a.m.

938

JOURNAL OF THE HOUSE,

Thanks for your assistance. WCR/jn

Prayer was offered by Dr. Winfred M. Hope, Pastor, Ebenezer Baptist Church West, Athens, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

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

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

HB 755. By Representatives Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Anno tated, relating to assessment and taxation of standing timber, so as to change the millage rate to be used in calculating such tax; to change certain provi sions relating to the provision of weighted average prices by the state reve nue commissioner to tax assessors.

February 15, 1995
Dear Mr. Clerk,
Pursuant to Rule 52 the undersigned serves written notice of a motion to engross HB 755 (LC 18 6755).
Sincerely /s/ A. Richard Royal
Representative 164th
Referred to the Committee on Ways & Means.

THURSDAY, FEBRUARY 16, 1995

939

HB 756. By Representatives Childers of the 13th, Royal of the 164th, Culbreth of the 132nd, Kinnamon of the 4th, Smith of the 12th and others:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for vans and buses owned by any religious group and used exclusively for religious, educational, and charitable purposes or for the pur pose of maintaining and operating such religious group.
Referred to the Committee on Ways & Means.

HB 757. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A bill to amend Code Section 42-4-70 of the Official Code of Georgia Anno tated, relating to definitions regarding deductions from inmate accounts for medical treatment expenses, so as to change the definition of a detention facility for purposes of liability for such expenses.
Referred to the Committee on State Institutions & Property.

HB 758. By Representatives Childers of the 13th, Perry of the llth and Smith of the 12th:
A bill to amend Code Section 42-4-50 of the Official Code of Georgia Anno tated, relating to definitions regarding medical services for inmates, so as to change the definition of a detention facility for purposes of liability for pay ment for certain medical services.
Referred to the Committee on State Institutions & Property.

HB 759. By Representatives Bates of the 179th, Watts of the 26th and Golden of the 177th:
A bill to amend Code Section 7-1-601 of the Official Code of Georgia Anno tated, relating to branch banks, so as to provide that any parent bank that operates a branch bank in this state may sell such branch bank to any other bank, provided that all bank offices and bank facilities established by such branch bank are included in the sale.
Referred to the Committee on Banks & Banking.

HB 760. By Representative Childers of the 13th:
A bill to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to require certain hospitals which receive certain public funds to comply with certain laws relating to open meetings and open records; to exempt certain poten tially commercially valuable information; to exempt certain competitively advantageous information.
Referred to the Committee on Judiciary.

HB 761. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to authorize the City of Monroe to provide for telecommuni cations services both inside and outside the corporate limits of the city sub ject to certain laws.
Referred to the Committee on State Planning & Community Affairs - Local.

940

JOURNAL OF THE HOUSE,

HB 762. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the provisions relating to the establishment of the government for the City of Monroe; to provide new election districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 763. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act known as the "Carroll County Water Authority Act," so as to increase the permissible amount of outstanding revenue bonds.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 764. By Representative Brooks of the 103rd:
A bill to amend an Act incorporating the City of Ephesus, so as to provide that the compensation of the mayor and members of the city council shall be fixed by the city council; to provide that candidates for city council shall designate the council post they are seeking; to provide designations for city council posts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 765. By Representatives Martin of the 47th, Childers of the 13th, Skipper of the 137th, Sinkfield of the 57th, Irvin of the 45th and others:
A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to provide that hospital authorities shall have the power to establish and operate health care networks; to arrange for the provision of health care ser vices through such networks.
Referred to the Committee on Health & Ecology.

HB 766. By Representative Martin of the 47th:
A bill to amend an Act requiring the tax commissioner of Fulton County to receive tax returns for the City of Atlanta and setting the date for payment of taxes, so as to change the payment date for taxes due to the City of Atlanta, the State of Georgia, and Fulton County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 767. By Representative Campbell of the 42nd:
A bill to amend Code Section 9-11-26 of the Official Code of Georgia Anno tated, relating to general provisions governing discovery, so as to change pro visions relating to discovery of materials prepared for trial.
Referred to the Committee on Judiciary.

HB 768. By Representatives Dobbs of the 92nd, Lane of the 146th, Childers of the 13th, Smyre of the 136th and Parrish of the 144th:
A bill to amend Code Section 12-5-372 of the Official Code of Georgia Anno tated, relating to definitions relative to the "Georgia Safe Dams Act of 1978," so as to extend a certain exemption from such Act.
Referred to the Committee on Natural Resources & Environment.

THURSDAY, FEBRUARY 16, 1995

941

HR 334. By Representative Parham of the 122nd:
A resolution authorizing the conveyance of certain state owned real property located in the City of Milledgeville.
Referred to the Committee on State Institutions & Property.

HR 335. By Representatives Royal of the 164th and Greene of the 158th:
A resolution authorizing the lease of certain real property located in the City of Pelham.
Referred to the Committee on State Institutions & Property.

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

HB 734
HB 735
HB 736 HB 737 HB 738 HB 739 HB 740

HB 751
HB 752
HB 753 HB 754 HR 324 HR 326 HR 327

HR M MD 144
HHBB 774443 HB 745 HB 746 HB 747 HB 748 HB 749 HB 750

HR 328 up qoo
HR 33 HR 331 HR 332 HR 333 SB 32 SB 113 SB 289

Representative Kaye of the 37th withdrew his notice of motion to engross the follow ing Resolution of the House:

HR 326. By Representatives Mann of the 5th, Kaye of the 37th, Coleman of the 142nd, Irvin of the 45th and Walker of the 141st:
A resolution encouraging sincerity in the House of Representatives.

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 342 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

942

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Human Relations & Aging has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 557 Do Pass, as Amended HB 558 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Res olution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 343 Do Pass, by Substitute HB 621 Do Pass, by Substitute

HB 622 Do Pass, by Substitute HR 259 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 229 Do Pass, by Substitute HB 492 Do Pass

HB 493 Do Pass HB 569 Do Pass

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 148 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

THURSDAY, FEBRUARY 16, 1995

943

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 and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 564 Do Pass HR 293 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:
Your Committee on Retirement has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 662 Do Pass, by Substitute
Respectfully submitted, /s/ Cummings of the 27th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 543 Do Pass HB 553 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR THURSDAY, FEBRUARY 16, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 24th Legislative Day as enu merated below:
HB 252 Ad valorem tax; exempt certain nonprofit museums HB 287 N Ga Col; Reserve Officers' Trng Corps; tuition assistance

944

JOURNAL OF THE HOUSE,

HB 301 Municipal court judges; residency requirement HB 349 Revenue bonds; redefine undertaking; include jails HB 350 Land-disturbing activities; amend provisions HB 358 Pub works contracts; cert counties; equal opportunity provisions HB 389 State-owned marshland; lease authorization HB 471 Professional engineers and land surveyors; continuing education HB 473 State employees; payroll deductions; mass transit benefit HB 516 Tickets; unlawful sales; surcharges on sales HB 517 Ale bev; cert co; repeal sales by drink in rest/clubs
HR 239 House Fire Ant Study Committee; create
SB 24 Eminent Domain - use by petroleum pipelines
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Is/ Lee of the 94th
Chairman

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:

HB 102. By Representative Davis of the 48th:
A bill to amend an Act revising and consolidating the law pertaining to the Fulton County Personnel Board and the Fulton County Merit System of Per sonnel Administration, so as to eliminate specific requirements with reference to racial minorities and females.

HB 629. By Representatives Walker of the 87th and Johnson of the 84th:
A bill to amend an Act entitled "An Act to create the Walton County Com mission of Children and Youth," so as to clarify the nature of the commis sion.

HB 637. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A bill to amend an Act creating the State Court of Lowndes County, so as to provide that the solicitor of the state court shall be full time and may not engage in the private practice of law.

HB 619. By Representatives Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st and others:
A bill to amend an Act creating a new charter for the City of Garden City, so as to increase the limit of the authority of the recorder's court to impose terms of imprisonment and community service from 90 days to 12 months.

HB 624. By Representative Barnard of the 154th: A bill to recreate and reincorporate the City of Cobbtown.

THURSDAY, FEBRUARY 16, 1995

945

HB 639. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend an Act making provisions for the judge of the Probate Court of Lamar County, so as to provide that the judge of the Probate Court of Lamar County shall have jurisdiction to try all misdemeanor cases arising in the county where the defendant waives a jury trial and pleads guilty to such misdemeanor.

HB 642. By Representatives Buck of the 135th, Culbreth of the 132nd, Hugley of the 133rd and others:
A bill to amend an Act creating the board of elections and registration for Muscogee County, so as to change the manner of selecting members of the board; to change the manner of filling vacancies; to provide for succession and removal of members.

HB 645. By Representative Purcell of the 9th:
A bill to amend an Act placing the coroner of Habersham County on an annual salary, so as to change the salary of the coroner.

SB 25. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, so as to provide that on November 11 of every year, each state and local facility which dis plays the official state flag shall also display a flag honoring prisoners of war and missing in action; to describe such flag.

SB 53. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define certain terms; to provide for a court determination of a sexually vio lent predator.

SB 97. By Senators Gochenour of the 27th, McGuire of the 30th, Slotin of the 39th and others:
A bill to amend Chapter 5 of Title 28 of the O.C.G.A., 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 a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes.

SB 130. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties and exceptions.

946

JOURNAL OF THE HOUSE,

SB 155. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and oth ers:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be dis bursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.
SB 243. By Senators Land of the 16th, Oliver of the 42nd, Edge of the 28th and Egan of the 40th:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Anno tated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that a duly filed, recorded and indexed mortgage shall be deemed constructive notice to subsequent bona fide purchasers; to provide for excep tions.

SB 249. By Senators Oliver of the 42nd, Ralston of the 51st and Clay of the 37th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide a cause of action of false advertising of legal services; to provide for treble damages, punitive damages, attorney's fees, and reasonable costs of investigation and litigation.

SB 276. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Anno tated, relating to the creation of municipal probation systems, so as to autho rize municipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collec tion through other means; to provide for the supplemental nature of such remedies.

SB 284. By Senators Henson of the 55th, Taylor of the 12th and Starr of the 44th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide references to current codifications of certain federal law regard ing odometers and odometer tampering.

SB 287. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions, after a radio operator or driver's license examiner has accumulated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.

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

SR 214. By Senators Broun of the 46th, Thompson of the 33rd, Taylor of the 12th and others:
A resolution commending the Department of Transportation.

THURSDAY, FEBRUARY 16, 1995

947

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

SB 25. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend Article 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state flags and other flags, so as to provide that on November 11 of every year, each state and local facility which dis plays the official state flag shall also display a flag honoring prisoners of war and missing in action; to describe such flag.
Referred to the Committee on Rules.

SB 53. By Senator Boshears of the 6th:
A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Anno tated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define certain terms; to provide for a court determination of a sexually vio lent predator.
Referred to the Committee on State Institutions & Property.

SB 97. By Senators Gochenour of the 27th, McGuire of the 30th, Slotin of the 39th and others:
A bill to amend Chapter 5 of Title 28 of the O.C.G.A., 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 a residential unit of housing; to provide for contents and requirements for such housing affordability impact notes.
Referred to the Committee on State Planning & Community Affairs.

SB 130. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others:
A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Anno tated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any parent or guardian of a child; to provide for penalties and exceptions.
Referred to the Committee on Judiciary.

SB 155. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th and oth ers:
A bill to amend Article 4 of Chapter 21 of Title 15 of the Official Code of Georgia Annotated, the "Peace Officer and Prosecutor Training Fund Act of 1983," so as to provide that funds remitted pursuant to such Act shall be dis bursed on an annual basis to the Georgia Public Safety Training Center and the Georgia Peace Officer Standards and Training Council; to establish the percentage of such disbursement.
Referred to the Committee on Public Safety.

948

JOURNAL OF THE HOUSE,

SB 243. By Senators Land of the 16th, Oliver of the 42nd, Edge of the 28th and oth ers:
A bill to amend Chapter 14 of Title 44 of the Official Code of Georgia Anno tated, relating to mortgages, conveyances to secure debt, and liens, so as to provide that a duly filed, recorded and indexed mortgage shall be deemed constructive notice to subsequent bona fide purchasers; to provide for excep tions.
Referred to the Committee on Judiciary.

SB 249. By Senators Oliver of the 42nd, Ralston of the 51st and Clay of the 37th:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide a cause of action of false advertising of legal services; to provide for treble damages, punitive damages, attorney's fees, and reasonable costs of investigation and litigation.
Referred to the Committee on Judiciary.

SB 276. By Senators Thompson of the 33rd and Clay of the 37th:
A bill to amend Code Section 42-8-102 of the Official Code of Georgia Anno tated, relating to the creation of municipal probation systems, so as to autho rize municipal probation officers to collect certain delinquencies through the issuance of a writ of fieri facias and provide for enforcement of such collec tion through other means; to provide for the supplemental nature of such remedies.
Referred to the Committee on Judiciary.

SB 284. By Senators Henson of the 55th, Taylor of the 12th and Starr of the 44th:
A bill to amend Code Section 10-1-393 of the Official Code of Georgia Anno tated, relating to unfair or deceptive practices in consumer transactions, so as to provide references to current codifications of certain federal law regard ing odometers and odometer tampering.
Referred to the Committee on Judiciary.

SB 287. By Senators Pollard of the 24th and Bowen of the 13th:
A bill to amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to provide that under certain conditions, after a radio operator or driver's license examiner has accumulated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department.
Referred to the Committee on Public Safety.

SR 214. By Senators Broun of the 46th, Thompson of the 33rd, Taylor of the 12th and others:
A resolution commending the Department of Transportation.
Referred to the Committee on Transportation.

THURSDAY, FEBRUARY 16, 1995

949

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

HR 350. By Representative Davis of the 60th:
A resolution declaring "Save the Children Day" in Georgia and inviting Ms. Sally Struthers to appear before the House of Representatives.

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

HB 471. By Representative Watson of the 139th:
A bill to amend Chapter 15 of Title 43 of the Official Code of Georgia Anno tated, relating to professional engineers and land surveyors, so as to change the provisions relating to the general powers of the State Board of Registra tion of Professional Engineers and Land Surveyors.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 15 of Title 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, so as to change the provisions relating to the general powers of the State Board of Registration for Professional Engineers and Land Surveyors; to provide that said board shall adopt rules and regulations mandating continu ing professional competency as a condition for renewal of professional engineering certifi cates of registration and land surveyor certificates of registration; to provide requirements applicable to said rules and regulations; to authorize the waiver of continuing education requirements under certain circumstances; to provide 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 43 of the Official Code of Georgia Annotated, relating to professional engineers and land surveyors, is amended by striking in its entirety Code Section 43-15-6, relating to the general powers of the State Board of Registration for Professional Engi neers and Land Surveyors, and inserting in lieu thereof a new Code Section 43-15-6 to read as follows:
"43-15-6.
(a) In carrying out this chapter, in addition to other powers conferred upon it under this chapter, the board shall have the power:
(1) To adopt and enforce regulations implementing this chapter, including regulations governing the professional conduct of those individuals registered by it; (2) Under the hand of its chairman or his or her delegate and the seal of the board, to subpoena witnesses and compel their attendance and to require thereby the produc tion of books, papers, documents, and other things relevant to such investigation in order to investigate conduct subject to regulation by the board; the chairman or the member of the board who is his or her delegate may administer oaths to witnesses appearing before the board; and the board may secure the enforcement of its subpoe nas in the manner provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (3) To maintain in its name an action for injunctive or other appropriate legal or equitable relief to remedy violations of this chapter and, in pursuing equitable reme dies, it shall not be necessary that the board allege or prove that it has no adequate remedy at law.

950

JOURNAL OF THE HOUSE,

(b) In addition to other powers conferred upon the board under this chapter, the board shall through rules and regulations require each person seeking renewal of a certificate of registration as a professional engineer or a land surveyor to complete board approved continuing education of not more than 30 hours biennially. The board shall be autho rized to approve courses offered by institutions of higher learning or offered by other institutions or organizations. The board shall randomly audit some applications for renewal of a certificate of registration to enforce compliance with this subsection. The continuing education requirements adopted by the board shall recognize the continuing education requirements imposed by other states to the extent that such continuing edu cation courses meet the requirements imposed by the board. The board shall be autho rized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate. The board shall waive the continuing education requirement for individuals over the age of 65 who have retired from active practice and who apply for an inactive license. The requirement for continuing education shall apply to each licensing renewal cycle which begins after the 1996 renewal cycle."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe
Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron Y Barnard
Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick N Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush Y Buck Y Buckner
Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

N Crews
Y Culbreth Y Cummings
Davis, G N Davis, M YDay
Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps N Evans N Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce
Kaye Y Kinnamon Y Klein YLadd Y Lakly
Lane Y Lawrence YLee N Lewis Y Lifsey YLord Y Lucas
Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney N Mills
Y Mobley, B Y Mobley, J
Mosley Y Mueller
O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelot*
Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves N Reichert Y Roberts Y Rogers Y Royal Y Sanders
Y Sauder E Scoggins N Shanahan YShaw Y Sherrill
Y Shipp Simpson Sinkfield
Y Skipper Smith, C
Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Smith, V

Smith, W Smyre Y Snelling YSnow Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Twiggs Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland N Whitaker Y White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 130, nays 14.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

THURSDAY, FEBRUARY 16, 1995

951

HB 517. By Representative Stancil of the 91st:
A bill to amend Code Section 3-4-90 of the Official Code of Georgia Anno tated, relating to authorization by counties or municipalities of issuance of licenses for sale of distilled spirits by the drink, so as to repeal a provision permitting the governing authority of any county having a population of not less than 12,800 nor more than 12,900 according to the United States decen nial census of 1990 or any future such census and the governing authority of every municipality in each such county to authorize the issuance of licenses to sell alcoholic beverages by the drink at certain restaurants and private nonprofit clubs after approval by the voters at a referendum.

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

Y Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
Lane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox
YMann Y Martin Y McBee
McCall McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons
Pelote Perry Y Pinholster 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 Rogers Y Royal Y Sanders Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Y Streat Y Taylor Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Twiggs Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker
White Y Wiles
Williams, B Williams, J Y Williams, R Y Woods YYates Murphy, Spkr

On the passage of the Bill, the ayes were 151, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth, Turner of the 8th and Gillis of the 20th:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Anno tated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipeline companies; to provide for legislative findings; to pro vide for definitions; to provide for conditions and restrictions on the use of eminent domain by petroleum pipelines.

952

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipeline companies; to provide for legis lative findings; to authorize the use of the power of eminent domain for petroleum pipe lines; to provide for definitions; to provide for conditions and restrictions on the use of eminent domain by petroleum pipelines; to provide for procedures for the use of eminent domain by a petroleum pipeline company; to provide for notice and a hearing on the pro posed siting of a pipeline; to provide for rules and regulations; to provide for related mat ters; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to the exercise of the power of eminent domain for special purposes, is amended by striking Article 4, relating to construction and operation of petroleum pipelines, in its entirety and inserting in lieu thereof the following:
"ARTICLE 4
22-3-83. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or arti ficial gas for heating, lighting, or power purposes in the State of Georgia."
SECTION 2. Said chapter is further amended by striking Article 4 in its entirety and inserting in lieu thereof a new Article 4 to read as follows:
"ARTICLE 4
22-3-80.
The General Assembly finds and declares that, based on an authorized study by the Petroleum Pipeline Study Committee created by the General Assembly, while petroleum pipelines are appropriate and valuable for use in the transportation of petroleum and petroleum products, there are certain problems and characteristics indigenous to such pipelines which require the enactment and implementation of special procedures and restrictions on petroleum pipelines and related facilities as a condition of the grant of the power of eminent domain to petroleum pipeline companies.
22-3-81. As used in this article:
(1) 'Pipeline' means a pipeline constructed or to be constructed as a common carrier in interstate or intrastate commerce for the transportation of petroleum or petroleum products in or through this state. (2) 'Pipeline company' means a corporation organized under the laws of this state or which is organized under the laws of another state and is authorized to do business in this state and which is specifically authorized by its charter or articles of incorpora tion to construct and operate pipelines for the transportation of petroleum and petro leum products. (3) 'Pipeline facility' or 'pipeline facilities' means and includes the pipeline and all equipment or facilities, including lateral lines, essential to the operation of the pipe line but shall not include any storage tank or storage facility which is not being con structed as a part of the operation of the pipeline.
22-3-82.

THURSDAY, FEBRUARY 16, 1995

953

(a) Subject to the provisions and restrictions of this article, pipeline companies are granted the right to acquire property or interests in property by eminent domain for the construction, reconstruction, operation, and maintenance of pipelines in this state; pro vided, however, that prior to instigating eminent domain proceedings or threatening to do so, the pipeline company shall cause to be delivered to each landowner whose prop erty may be condemned a written notice containing the following language in boldface type:
'CODE SECTIONS 22-3-80 THROUGH 22-3-87 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED PROVIDE SPECIFIC REQUIREMENTS WHICH MUST BE FOLLOWED BY PETROLEUM PIPELINE COMPANIES BEFORE THEY MAY EXERCISE THE RIGHT TO CONDEMN YOUR PROPERTY. THOSE CODE SECTIONS ALSO PROVIDE SPECIFIC RIGHTS FOR YOUR PROTEC TION. YOU SHOULD MAKE YOURSELF FAMILIAR WITH THOSE REQUIRE MENTS AND YOUR RIGHTS PRIOR TO CONTINUING NEGOTIATIONS CONCERNING THE SALE OF YOUR PROPERTY TO A PETROLEUM PIPE LINE COMPANY.' (b) The restrictions and conditions imposed by this article on the exercise of the power of eminent domain by petroleum pipeline companies shall not apply to relocations of pipelines necessitated by the exercise of a legal right by a third party or to any activities incident to the maintenance of an existing pipeline or existing pipeline right of way. A pipeline company shall have a right of reasonable access to property proposed as the site of a pipeline for the purpose of conducting a survey of the surface of such property for use in determining the suitability of such property for placement of a pipeline. (c) After obtaining the certificate of convenience and necessity provided for in Code Section 22-3-83 and after complying with the notice requirements set forth in subsection (a) of this Code section, a pipeline company shall have a right of reasonable access to any property proposed as the site of a pipeline for the purpose of conducting additional surveying which may be necessary in preparing its submission to the Department of Natural Resources as provided for in Code Section 22-3-84. (d) The owner of any property or property interest which is entered by a pipeline com pany for the purpose of surveying such property, as allowed herein, or for access to or maintenance or relocation of an existing pipeline shall have the right to be compensated for any damage to such property incident to such entry. Any survey conducted pursuant to this article shall be conducted in such a fashion as to cause minimal damage to the property surveyed.
22-3-83.
(a) Before exercising the right of eminent domain as authorized in this article, a pipeline company shall first obtain from the commissioner of transportation or the commission er's designee a certificate of public convenience and necessity that such action by the pipeline company is authorized. Such certificate shall not be unreasonably withheld. (b) The commissioner shall prescribe regulations pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relative to the requirements for obtaining a cer tificate of public convenience and necessity which shall include:
(1) A requirement that the application for such certificate shall include a description of the proposed project including its general route, a description of the public conve nience and necessity which support the proposed pipeline route, the width of the pro posed pipeline corridor up to a maximum width of one-third mile, and a showing that use of the power of eminent domain may be necessary to construction of the pipeline, and a showing that the public necessity for the petroleum pipeline justifies the use of the power of eminent domain; (2) A provision for reasonable public notice of the application and the proposed route;
(3) Provision for a hearing on the application and the filing and hearing of any objec tions to such application; (4) A requirement that all hearings shall be held and a final decision rendered on any application not later than 90 days from the date of the publication of notice required in paragraph (2) of this subsection;

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(5) Such other reasonable requirements as shall be deemed necessary or desirable to a proper determination of the application. (c) In the event the application is not approved or denied within the time period pro vided for in paragraph (4) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law. (d) The approval and issuance of the certificate of public convenience and necessity shall not be subject to review. The denial of the certificate may be reviewed by a judge of the superior court of the county in which the pipeline company has an agent and place of doing business. The review shall be by petition filed within 30 days of the date of disapproval of the application and shall be determined on the basis of the record before the commissioner. The action of the commissioner shall be affirmed if supported by substantial evidence.
22-3-84.
(a) In addition to obtaining a certificate as required in Code Section 22-3-83, a pipeline company shall, prior to the exercise of the power of eminent domain, obtain a permit from the director of the Environmental Protection Division of the Department of Natu ral Resources as provided in this Code section. (b) The Board of Natural Resources shall, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' issue rules and regulations governing the obtain ing of the permit provided for in subsection (a) of this Code section which shall include:
(1) Reasonable public notice to an owner of property who, after reasonable efforts, cannot personally be given the notice in subsection (a) of Code Section 22-3-82; (2) Reasonable public notice of the filing of an application for a permit; (3) Provisions for hearings on all applications for such permits; and (4) A requirement that no such permit shall be granted by the division unless, prior to the construction of any portion of the petroleum pipeline project for which the use of the power of eminent domain may be required, the pipeline company has submitted the proposed siting of such portion of the pipeline project to the division with appro priate notices thereof to affected parties and unless the division director determines after a hearing that the location, construction, and maintenance of such portion of the pipeline is consistent with and not an undue hazard to the environment and natural resources of this state, determined in accordance with the factors set forth in subsec tion (c) of this Code section. (c) In making the decision required by paragraph (4) of subsection (b) of this Code sec tion, the director shall determine: (1) Whether the proposed route of such portion of the pipeline is an environmentally reasonable route; (2) Whether other corridors of public utilities already in existence may reasonably be used for the siting of such portion of the pipeline; (3) The existence of any local zoning ordinances and that such portion of the project will comply with those ordinances unless to require such compliance would impose an unreasonable burden on the project as weighed against the purpose of such ordi nances; and (4) That ample opportunity has been afforded for public comment, specifically includ ing but not limited to comment by the governing body of any municipality or county within which the proposed project or any part thereof is to be located. (5) Such reasonable conditions to the permit as will allow the monitoring of the effect of the petroleum pipeline upon the property subjected to eminent domain and the sur rounding environment and natural resources. (d) In the event an application under this Code section is not approved or denied within 120 days of the date of the publication of notice required in paragraph (1) of subsection (b) of this Code section, the application shall be deemed to be approved by operation of law.
22-3-85.
All hearings and appeals on applications for certificates and permits required under this article shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia

THURSDAY, FEBRUARY 16, 1995

955

Administrative Procedure Act,' provided that if the final decision of the Administrative Law Judge on any appeal is not rendered within 120 days from the date of filing of a petition for review, the decision of the director shall be affirmed by operation of law; and provided further that judicial review of the approval or denial of an application under Code section 22-3-84 shall be governed by Code section 12-2-1.
22-3-86.
When a pipeline company which has obtained the certification and permits required in this article is unable to acquire the property or interest required for such certified or permitted project after reasonable negotiation with the owner of such property or inter est, the company may acquire such property or interest by the use of the condemnation procedures authorized by Chapter 2 of this title.
22-3-87. If the portion of the petroleum pipeline route chosen and approved pursuant to Code section 22-3-84 unreasonably impacts any other property of the same owner which is not acquired by eminent domain as a part of such portion of the project, there shall be a right of compensation available under the laws of eminent domain for the fair market value of any such damage upon the trial of the case of the parcel taken.
22-3-88. The power of eminent domain may be exercised by persons who are or may be engaged in constructing or operating pipelines for the transportation or distribution of natural or artificial gas and by persons who are or may be engaged in furnishing natural or arti ficial gas for heating, lighting, or power purposes in the State of Georgia."
SECTION 3. Section 1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective July 1, 1995.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Bailey Baker
Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush
Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty

Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford Y Crews
Culbreth Y Cummings
Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls

Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson
Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, G

Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
Lucas Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J

Y Mosley Y Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder

956

JOURNAL OF THE HOUSE,

E Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling Y Snow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat
Taylor Teague Y Teper Y Thomas Y Tillman

Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts

Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 159, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the vote of Representative Lucas of the 124th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Buck of the 135th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 349. By Representatives Greene of the 158th, Walker of the 141st, Floyd of the 138th and Bostick of the 165th:
A bill to amend Code Section 36-82-61 of the Official Code of Georgia Anno tated, relating to definitions of terms used in Article 3 of Chapter 82 of Title 36, known as the "Revenue Bond Law," so as to change the definitions of "undertaking" to include jails and all other structures and facilities which are necessary and convenient for the operation of jails.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 301. By Representative Campbell of the 42nd:
A bill to amend Code Section 36-32-2 of the Official Code of Georgia Anno tated, relating to the appointment of municipal court judges, so as to elimi nate the requirement that a municipal court judge reside in the same judicial circuit as that in which the court is located.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 252. By Representatives Day of the 153rd, Pelote of the 149th, Buck of the 135th, Thomas of the 148th and Dixon of the 150th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain nonprofit museums and property owned by a non profit museum which is located in a building which is listed on the National Register of Historic Places or in a state maintained historic register.

THURSDAY, FEBRUARY 16, 1995

957

The following Committee substitute was read and adopted:

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 certain prop erty of nonprofit museums; to provide for conditions and limitations with respect to cer tain exemptions; to provide for a definition; to provide for applicability; to provide for effective dates; to provide for a special election; to provide for automatic repeal of certain provisions of this Act under certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions from ad valorem taxation, is amended in subsection (a) by striking "and" at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting in its place "; and", and by adding immediately following paragraph (14) a new paragraph, to be designated paragraph (15), to read as follows:
"(15) Property of a nonprofit museum where such museum is qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501 (c)(3), as amended, and where such property is open to the public and used exclu sively for charitable and educational purposes."
SECTION 2. Said Code section is further amended by striking subsections (c) and (d) and inserting in their place new subsections (c) and (d) to read as follows:
"(c) The property exempted by this Code section, excluding property exempted by para graph (1) of subsection (a) of this Code section, shall not be used for the purpose of producing private or corporate profit and income distributable to shareholders in corpo rations owning such property or to other owners of such property, and any income from such property shall be used exclusively for religious, educational, and charitable parposcs e* fef cither ene er mere ef such purposes the purpose or purposes for which the exemption under this Code section was granted and for the purpose of maintaining and operating such religious, educational, ad charitable institutions. (d) This Code section, excluding paragraph (1) of subsection (a) of this Code section, shall not apply to real estate or buildings which are rented, leased, or otherwise used for the primary purpose of securing an income thereon and shall not apply to real estate or buildings which are not used for the operation of religious, educational, and charitable such institutions for the purpose or purposes for which the exemption under this Code section was granted. Donations of property to be exempted shall not be predicated upon an agreement, contract, or other instrument that the donor or donors shall receive or retain any part of the net or gross income of the property."
SECTION 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election for the approval or disapproval of Section 1 of this Act on the date of and in conjunction with the November, 1996, general election. The Secretary of State shall cause the date and purpose of the special election to be pub lished in the official organ of each county in the state once a week for two weeks immedi ately preceding the date of the referendum. The ballot shall have written thereon the following:
"( ) YES Shall the Act be approved which grants an exemption from ad valorem taxation on property of nonprofit museums used exclusively for charita-
( ) NO ble and educational purposes?"
All persons desiring to vote for approval of Section 1 of this Act shall vote "Yes," and those persons desiring to vote for rejection of Section 1 of this Act shall vote "No." If

958

JOURNAL OF THE HOUSE,

more than one-half of the votes cast on such question are for approval of Section 1 of this Act, then Section 1 of this Act shall become effective on January 1, 1997, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and Section 1 this Act shall stand repealed in its entirety on January 1, 1997.
SECTION 4. Except as otherwise provided in Section 3 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
Cox Y Crawford

Y Crews Y Culbreth
Y Cummings Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs
Y Ehrhart YEpps
Evans Y Falls
Y Felton Y Floyd
Y Godbee Y Golden N Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Y Johnston Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders
Sauder E Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 160, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker Pro Tern assumed the Chair.
HB 473. By Representatives Martin of the 47th and McKinney of the 51st:
A bill to amend Article 3 of Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to authorized deductions from the wages and sal aries of public officers and employees, so as to authorize departments, agen cies, authorities, or commissions of the state to participate in any program to provide their employees a mass transit employee benefit.

THURSDAY, FEBRUARY 16, 1995

959

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 Bailey
Baker N Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
Byrd Y Campbell
Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox
Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin
James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas
Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Y Mobley, J Mosley
Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 153, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 389. By Representatives Bordeaux of the 151st and Smith of the 175th:
A bill to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal marshlands, so as to provide that the Coastal Marshlands Protection Committee shall be authorized to approve the lease of state-owned marshland or water bottoms for marinas or docks providing over 500 linear feet of dock space.

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 Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield

E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck

Y Buckner YBunn Y Burkhalter
Byrd Y Campbell
Canty Y Carter Y Chambless E Channel! Y Childers

Y Coker Y Coleman, B Y Coleman, T
Connell Cox Y Crawford Y Crews Y Culbreth Y Cummings Davis, G

Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart YEpps

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JOURNAL OF THE HOUSE,

Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin
James Y Jamieson

Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann Y Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills

Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock Y Parham Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers
Royal

Y Sanders Y Sauder E Scoggins Y Shanahan
Shaw Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson

Y Streat Y Taylor
Teague YTeper Y Thomas
Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 239. By Representatives Porter of the 143rd, Hanner of the 159th, Barfoot of the 155th, James of the 140th, Bailey of the 93rd and others:
A resolution creating the House Fire Ant Study Committee.

The following substitute, offered by Representative Porter of the 143rd, was read and adopted:

A RESOLUTION
Creating the House Fire Ant Study Committee; and for other purposes.
WHEREAS, the fire ant has long been a plague to animals and people throughout the State of Georgia and the United States since its accidental importation into this country; and
WHEREAS, the State of Georgia has waged a battle against this pest for many years; and
WHEREAS, the fire ant has caused untold destruction of property and injury to numerous children and adults; and
WHEREAS, it is imperative that an ecologically safe and efficient method be found to eliminate this pest from the state and nation; and
WHEREAS, a study should be undertaken to examine the current research being done on the elimination or control of the fire ant and the role which should be undertaken by the federal, state, and local governments.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is created the House Fire Ant Study Committee, to be composed of seven mem bers from 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 condi tions, needs, issues, and problems mentioned above or related thereto and recommend any

THURSDAY, FEBRUARY 16, 1995

961

actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the com mittee 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 by the Speaker of the House of Representatives. 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 31, 1995. The committee shall stand abolished on December 31, 1995.
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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon,H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee
Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Y Martin Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scoggins
Shanahan Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W
YSmyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
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.

HB 287. By Representatives Purcell of the 9th, Murphy of the 18th, Twiggs of the 8th, Shanahan of the 10th, Pinholster of the 15th and others:
A bill to amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia Col lege Reserve Officers' Training Corps grant program, so as to increase the amount of the tuition assistance granted to each eligible student.

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The following Committee substitute was read and adopted:

A BILL
To amend Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia College Reserve Officers' Training Corps grant program, so as to increase the amount of the tuition assistance granted to each eligible student; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 6 of Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the North Georgia College Reserve Officers' Training Corps grant program, is amended by striking in its entirety Code Section 20-3-432, relating to the amount of the tuition assistance granted to each eligible student, and inserting in lieu thereof the following:
"20-3-432. There is granted to each eligible student attending North Georgia College the sum of $100.00 $500.00 per academic quarter."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield E Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Connell YCoi Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin
Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Y Martin Y McBee Y McCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal
Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Y Murphy, Spkr

THURSDAY, FEBRUARY 16, 1995

963

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

Representative Coleman of the 142nd stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 350. By Representatives Twiggs of the 8th, Murphy of the 18th, Purcell of the 9th, Jamieson of the 22nd, Whitaker of the 7th and others:
A bill to amend Chapter 7 of Title 12 of the Official Code of Georgia Anno tated, the "Erosion and Sedimentation Act of 1975," so as to define certain terms; to revise the minimum requirements for rules and regulations govern ing land-disturbing activities.

The following Committee substitute was read:

A BILL
To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Divi sion of the Department of Natural Resources may include numeric effluent limitations or may substitute best management practices in certain permits for the discharge of pollutants; to provide for best management practices in relation to certain land-disturbing activities; to change certain provisions relating to the maximum allowable turbidity allowed in storm-water runoff; to provide that certain single-family residences shall be exempt from the buffer requirement for trout streams; to provide a certain buffer for such dwellings; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking in its entirety subsection (f) of Code Section 12-5-30, relating to the construction, modification, or operation of facilities which discharge pollutants into waters of the state, and inserting in lieu thereof the following:
"(f) The director may issue general permits for discharges of pollutants from categories of point sources which are subject to the same permit limitations and conditions. Such general permits may be issued without individual applications. At the discretion of the director, numeric effluent limitations and effluent monitoring provisions may be included in general permits or best management practices may be substituted for numeric effluent limitations without a showing that it would be infeasible to include effluent limitations."
SECTION 2. Said title is further amended by striking in its entirety Code Section 12-7-6, relating to the minimum requirements for certain rules, regulations, ordinances, or resolutions, and inserting in lieu thereof the following:
"12-7-6. (a) The rules and regulations, ordinances, or resolutions adopted pursuant to this chap ter for the purpose of governing land-disturbing activities shall require, as a minimum, sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with the following:
(1) Stripping of vegetation, regrading, and other development activities shall be con ducted in such a manner so as to minimize erosion;

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JOURNAL OF THE HOUSE,

(2) Cut and fill operations must be kept to a minimum; (3) Development plans must conform to topography and soil type, so as to create the lowest practicable erosion potential; (4) Whenever feasible, natural vegetation shall be retained, protected, and supple mented; (5) The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; (6) Disturbed soil shall be stabilized as quickly as practicable; (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; (8) Permanent vegetation and structural erosion control measures must be installed as soon as practicable; (9) To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of this chap ter; (10) Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping surfaces of fills; (11) Cuts and fills may not endanger adjoining property; (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; (13) Grading equipment must cross flowing streams by the means of bridges or cul verts, except when such methods are not feasible; provided, in any case, that such crossings must be kept to a minimum; (14) Land-disturbing activity plans for erosion and sedimentation control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on site or preclude sedimentation of adjacent streams beyond the levels specified in paragraph (17) of this Code section; (15) Land-disturbing activities shall not be conducted within 25 feet of the banks of any state waters, as measured from the point where vegetation has been wrested by normal stream flow or wave action, except where the director determines to allow a variance that is at least as protective of natural resources and the environment, where otherwise allowed by the director pursuant to Code Section 12-2-8, or where a drain age structure or a roadway drainage structure must be constructed, provided that ade quate erosion control measures are incorporated in the project plans and specifications and are implemented; provided, however, that buffers of at least 25 feet established pursuant to Part 6 of Article 5 of Chapter 5 of this title shall remain in force unless a variance is granted by the director as provided in this paragraph; and (16) Land-disturbing activities shall not be conducted within 100 horizontal feet, as measured from the point where vegetation has been wrested by normal stream flow or wave action, of the banks of any state waters classified as 'trout streams' pursuant to Article 2 of Chapter 5 of this title unless a variance for such activity is granted by the director except where a roadway drainage structure must be constructed, pro vided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented^ and
(17) (A) Discharges ef storm-water runoff frem disturbed areas sfeftH be controlled to tile extent triflt tur Didity of trie stormTM wftter runott sii&ii no* exceed xuu ncphclomctric turbidity units higher than the turbidity level ef the receiving stream
upstreflrft irom tne stoPHIwdtet runoit discJiflFge" ftt tfte^ time" or sucii provided, riowevev, tftQt tor trout stfe&ms, suczi m&ximuHi fliiowflDie
level of sucii stfCQin immediftteiy upstreftIR troro tiie &tofiuwftter FUHOII discfifip^e
conditions throughout the state, the division aha)} have the discretion te vary from the aforesaid ncphclometric turbidity units.
/p \ (\M nH flft<*y ,Tnlv 1 1 Q04. tV>p RitorH ftf Ni^faiTfll p f fif\ii iri~pQ qf\oll
to estflDiisii tile iriflximuiH ftilowsDie tuvDidity levels trt runner OF lower levels or

THURSDAY, FEBRUARY 16, 1995

965

establish a equivalent method ef dctcrmmmg the amount ef sedimentation with COMspondin 91ftnd&rd9 oy rule of femulationt out oftty filter the Doftfd n&s consid* ered vfte result9 of d study ot nepnciometnc tuFDidity unit levels find fliternstive
seh rele er regulation, the proviaiona ef subparagtaph (A) ef this paragraph shall be superseded by the provisions ef this aubparagraph. (17) (A) Best manaRement practices are required for all nonexempt land-disturbing activities. Proper installation and maintenance of best management practices shall constitute compliance with any land-disturbing permit issued by a local issuing authority or by the division and shall constitute compliance with any general permit for construction activities issued by the division pursuant to subsection (f) of Code Section 12-5-30. The director shall issue guidelines for best management practices. (B) Failure to properly install or maintain best management practices shall consti tute a violation of any permit referred to in subsection (a) of this Code section for each day on which such failure occurs. (C) A discharge of storm-water runoff from disturbed areas where best management practices have not been properly installed and maintained shall constitute a sepa rate violation of any permits referred to in subsection (a) of this Code section for each day on which such discharge results in the turbidity of a receiving stream being increased by more than 25 nephelometric turbidity units for streams support ing warm water fisheries or by more than ten nephelometric turbidity units for streams classified as trout waters. The turbidity of the receiving stream shall be measured in accordance with guidelines to be issued by the director. (D) No person conducting a land-disturbing activity covered by the requirements of this part or by the requirements of a permit issued pursuant to subsection (f) of Code Section 12-5-30 shall be required to monitor or measure for turbidity in the receiving stream or in the runoff from their land-disturbing activity unless so required by the director. (b) Nothing contained in this chapter shall prevent an issuing authority from adopting rules and regulations, ordinances, or resolutions which contain requirements that exceed the minimum requirements in subsection (a) of this Code section. (c)41) 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 pre sumption of a violation of the standards provided for in this Code section or the terms of the permit. (2) If daring a ten year rainfall event or a rainfall event ef greater magnitude, stormwater runoff turbidity exceeds the levels provided for ift paragraph (W)- ef- subsection {a} ef this Code section er ether turbidity requirements adopted by an issuing author
provided for er authorized under this Code section if aH such requirements ether than those relating te turbidity have been met: (3) Thia subsection ahull cease te apply upon the adoption ef a rie er regulation as provided for in aubparagraph (a)(17)(B) ef this Code section."
SECTION 3. Said title is further amended by striking in its entirety paragraph (4) of subsection (a) of Code Section 12-7-17, relating to exemptions from the provisions of Chapter 7 of such title, and inserting in lieu thereof the following:
"(4) The construction of single-family residences, when such are constructed by or under contract with the owner for his or her own occupancy, or the construction of single-family residences not a part of a larger project and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in paragraphs (1) through (15) of subsection (a) of Code Section 12-7-6 and that seh requirements shaH be enforced by the issuing authority; provided, however, that the trout stream buffer zone for con struction exempted by this paragraph shall be governed by best management practices developed by the division;"

966

JOURNAL OF THE HOUSE,

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Hanner of the 159th, et al. move to amend the Committee substitute to HB 350 by striking line 19 on page 6 and inserting in lieu thereof the following:
"division, but in no circumstances shall be less that 25 feet;".

The Committee substitute, as amended, was adopted.

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

Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner NBunn Y Burkhalter YByrd
Campbell Y Canty Y Carter Y Chambless E Channell N Childers Y Coker Y Coleman, B
Y Coleman, T Connell
YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans N Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin Y James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J
Y Johnston Jones
Y Joyce N Kaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis N Lifsey YLord
Lucas Maddox N Mann Y Martin McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter N Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves N Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague NTeper Y Thomas Y Tillman Y Titus Y Towery N Trense
Turnquest Y Twiggs Y Walker, L N Walker, R.L
Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 146, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

The Speaker assumed the Chair.

THURSDAY, FEBRUARY 16, 1995

967

HB 358. By Representative McKinney of the 51st:
A bill to amend Code Section 36-10-2.1 of the Official Code of Georgia Anno tated, relating to letting of public works contracts by counties with a popula tion of 550,000 or more, so as to provide as additional factors to be considered compliance with a female business enterprise participation plan or efforts to comply therewith and compliance with nondiscrimination and equal opportunity provisions.

The following Committee substitute was read:

A BILL
To amend Code Section 36-10-2,1 of the Official Code of Georgia Annotated, relating to letting of public works contracts by counties with a population of 550,000 or more, so as to provide as an additional factor to be considered, under certain conditions, compliance with a female business enterprise participation plan or efforts to comply therewith and compliance with nondiscrimination and equal opportunity provisions; to provide an effec tive date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 36-10-2.1 of the Official Code of Georgia Annotated, relating to letting of public works contracts by counties with a population of 550,000 or more, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-10-2.1 to read as follows:
"36-10-2.1. In any county of this state having a population of 550,000 or more according to the United States decennial census of 1980 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other pub lic works or public property shall be let to the lowest responsible bidder, but the govern ing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bid der is responsible, may consider the bidder's quality of work, general reputation in the community, financial responsibility, previous employment on public works, and when considering competiting bids with total costs within 1 percent of each other, compliance with a female business enterprise participation plan as adopted by the governing author ity of such county, or making a good faith effort to comply with the goals of such a plan, compliance with nondiscrimination and equal employment opportunity provisions as adopted by the county governing authority, and compliance with a minority business enterprise participation plan as adopted by the governing authority of such county, or making a good faith effort to comply with the goals of such a plan."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Ehrhart of the 36th and Brooks of the 103rd move to amend the Commit tee substitute to HB 358 by striking lines 1 through 9 on page 1 and inserting in lieu thereof the following:

968

JOURNAL OF THE HOUSE,

"To amend Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, so as to remove population restrictions; to change the duties of a county with respect to evaluating bidders; to provide that a county shall not discriminate in its selection process; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes."
By striking lines 12 through 17 on page 1 and inserting in lieu thereof the following:
"Chapter 10 of Title 36 of the Official Code of Georgia Annotated, relating to public works contracts, is amended by striking Code Section 36-10-2.1, relating to the letting of public works contracts by counties with a population of 550,000 or more, and inserting in lieu thereof a new Code Section 36-10-2.1 to read as follows:"
By striking lines 19 through 21 on page 1 and inserting in lieu thereof the following:
iR ftny county or 11119 st&tc fiflvin^ ft popuiAvion of ooUjUuu or more flccorciing to 'tnc
for building or".
By striking lines 31 through 34 on page 1 and lines 1 through 7 on page 2 and inserting in lieu thereof the following:
"works, ad compliance with a minority business enterprise participation pkm e* making
preference or advantage to any bidder solely because of race, creed, national origin, or gender.'"
By inserting between lines 8 and 9 on page 2 the following:
"Said chapter is further amended by striking in its entirety Code Section 36-10-2.2, relat ing to letting of public works contracts by counties with a population of more than 150,000, which reads as follows:
'36-10-2.2. In any county having a population of more than 150,000 in any metropolitan statistical area having a population of not less than 260,000 nor more than 360,000 according to the United States decennial census of 1980 or any future such census, contracts for building or repairing any courthouse or other public building, jail, bridge, causeway, or other public works or public property shall be let to the lowest responsible bidder, but the governing authority of any such county shall have the right to reject any or all bids for any such contract. The governing authority of any such county, in considering whether a bidder is responsible, may consider the bidder's quality of work, general repu tation in the community, financial responsibility, previous employment on public works, and compliance with a minority business enterprise participation plan or making a good faith effort to comply with the goals of such a plan.'
SECTION 3."
By striking line 11 on page 2 and inserting in lieu thereof the following:
"SECTION 4."

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

Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard Y Barnes

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

N Brown, G Y Brown, J Y Brush
Buck N Buckner
Bunn Y Burkhalter N Byrd

Y Campbell N Canty
Carter Chambless E Channel! Y Childers Y Coker Y Coleman, B

Coleman, T N Connell N Cox
Crawford Y Crews N Culbreth Y Cummings
Davis, G

THURSDAY, FEBRUARY 16, 1995

969

Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H Y Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton
N Floyd NGodbee Y Golden N Goodwin
N Greene Y Grindley
Manner Y Harbin Y Harris
Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson

N Holland N Holmes N Howard Y Hudson N Hugley Y Irvin N James Y Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence Lee Y Lewis Y Lifsey YLord N Lucas Maddox YMann

N Martin N McBee Y McCall N McClinton N McKinney
Y Mills N Mobley, B Y Mobley, J
Y Mosley Y Mueller N O'Neal N Orrock
Par ham Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak Y Porter Poston Y Powell N Purcell, A Y Purcell, B N Randall N Randolph Ray N Reaves

N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder E Scoggins Y Shanahan
Shaw Sherrill Y Shipp Simpson
N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling YSnow Y Stallings N Stancil, F
Y Stancil, S N Stanley, L

On the adoption of the amendment, the ayes were 86, nays 66. The amendment was adopted.

N Stanley, P N Stephenson N Streat N Taylor N Teague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs N Walker, L Y Walker, R.L Y Wall N Watson Y Watts Y Westmorland Y Whitaker
N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Martin of the 47th moved that the House reconsider its action in adopting the Ehrhart amendment.
On the motion, the roll call was ordered and the vote was as follows:

Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard N Barnes Y Bates
Benefield E Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush
Buck Y Buckner
Bunn N Burkhalter NByrd N Campbell Y Canty
Carter Chambless E Channell NChilders N Coker N Coleman, B Y Coleman, T Y Connell YCox Crawford

N Crews
Y Culbreth Y Cummings
Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S N Dobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene N Grindley
Hanner N Harbin N Harris
Hart
Y Heard Y Heckstall
Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley N Irvin
Y James N Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly NLane
Lawrence Lee N Lewis N Lifsey NLord Y Lucas Maddox NMann Y Martin
Y McBee N McCall Y McClinton Y McKinney N Mills
Y Mobley, B N Mobley, J
Y Mosley N Mueller Y O'Neal Y Orrock

Parham Y Parrish N Parsons Y Pelote N Perry N Pinholster Y Polak N Porter N Poston
Powell Y Purcell, A N Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders N Sauder E Scoggins N Shanahan
Shaw Y Sherrill N Shipp
Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P
Smith, T N Smith, V

N Smith, W Y Smyre N Snelling NSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague YTeper Y Thomas Y Tillman
N Titus N Towery N Trense Y Turnquest
Twiggs Y Walker, L N Walker, R.L N Wall Y Watson N Watts N Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

970

JOURNAL OF THE HOUSE,

On the motion, the ayes were 76, nays 80. The motion was lost.
Representative Walker of the 141st moved that HB 358 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard
Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush
Buck Y Buckner
Bunn N Burkhalter
Byrd N Campbell
Y Canty Carter Chambless
E Channell Y Childers N Coker N Coleman, B Y Coleman, T Y Connell YCox
Crawford

N Crews Y Culbreth Y Cummings
Davis, G N Davis, M
NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd Y Godbee
Golden Y Goodwin Y Greene N Grindley
Hanner N Harbin N Harris
Hart Y Heard Y Heckstall
Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley N Irvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston
Y Jones N Joyce NKaye Y Kinnamon N Klein
NLadd N Lakly
Lane Lawrence Lee N Lewis N Lifsey Lord Y Lucas Maddox N Mann Y Martin Y McBee McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Orrock

On the motion, the ayes were 89, nays 60. The motion prevailed.

Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster 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 Rogers Y Royal N Sanders N Sauder E Scoggins Y Shanahan
Shaw Y Sherrill N Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V

N Smith, W YSmyre N Snelling YSnow Y Stallings 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 N Titus N Towery N Trense
Turnquest Y Twiggs Y Walker, L N Walker, R.L N Wall Y Watson
Y Watts N Westmorland Y Whitaker
White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

HB 516. By Representatives Powell of the 23rd, Watson of the 139th, Towery of the 30th, Brush of the 112th, Dixon of the 150th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to change the provi sions relating to ticket scalping and ticket selling; to make it unlawful for any person other than a ticket agent, ticket broker, or ticket seller to sell or offer for sale any ticket to any event.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to sell ing and other trade practices, so as to change the provisions relating to the sale of tickets to athletic contests and entertainment events; to provide for the registration and regula tion of persons engaged in the business of a ticket broker; to provide for administration by the Secretary of State; to provide for enforcement; to define a certain term; to provide

THURSDAY, FEBRUARY 16, 1995

971

qualifications for registration as a ticket broker; to require bonds; to prohibit a person from engaging in the business of a ticket broker unless the person complies with the provi sions of this Act; to provide for registration fees; to require ticket brokers to disclose cer tain information to ticket purchasers; to require a ticket broker who fails to provide tickets after guaranteeing delivery to provide a full refund and pay a refund fee to the purchaser; to provide that a ticket broker who fails to provide such a refund and refund fee shall be guilty of a felony; to provide penalties; to limit the number of tickets that a ticket bro ker may sell in connection with an event; to provide an exception; to prohibit certain activities in connection with the sale of tickets; to prohibit the sale of tickets to events of the 1996 Olympic Games in excess of the price printed on the ticket; to provide penal ties; to provide that no laws shall prohibit the casual sale of tickets to events for a price equal to or less than the price printed on the ticket; to provide that business license requirements shall not apply to such casual sales; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by striking in its entirety Article 12, relating to ticket scalping, and inserting in lieu thereof a new Article 12 to read as follows:
"ARTICLE 12
10-1-310. (a) It shall be unlawful for any person other than a ticket broker to sell or offer for sale any ticket of admission or other evidence of the right of entry to any 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 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; provided, fur ther, that the owner, operator, lessee, or tenant of the property on which such entertain ment 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. (b) Any advertisement, announcement, or poster for any event covered by this Code sec tion 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.
10-1-311. (a) As used in this article, the term 'ticket broker' means any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances or other entertainments, amusements, or exhibitions to which the general public is admitted and who charges a premium in excess of the price of the ticket. (b) On and after January 1, 1996, no person shall engage in the business of a ticket bro ker unless such person is in compliance with this Code section.
(c)(l) On and after January 1, 1996, no person shall engage in the business of a ticket broker unless such person is registered with the Secretary of State or his or her dele gate. Registration shall be on forms furnished by the Secretary of State and shall be in such manner as directed by the Secretary of State. The Secretary of State shall charge a registration fee in the amount of $500.00. A ticket broker shall renew his or her registration annually and pay an annual registration fee in the amount of $500.00. (2) To be eligible for registration as a ticket broker a person shall be required to:

972

JOURNAL OF THE HOUSE,

(A) Maintain a permanent office or place of business in this state, excluding a post office box, for the purpose of engaging in the business of a ticket broker; (B) Obtain any business license required by a local government; (C) Have good moral character and not have been convicted of a felony or any crime involving moral turpitude; provided, however, that if the applicant has been convicted of such crime or has entered a plea of nolo contendere or has entered a plea pursuant to Article 3 of Chapter 8 of Title 42 or has otherwise been granted first offender treatment, the Secretary of State may inquire into the nature of the crime, the date of the conviction or plea, and any other underlying facts and cir cumstances surrounding such criminal proceedings and, in his or her discretion, may grant a license to such applicant; and (D) Provide satisfactory evidence to the Secretary of State that the prospective reg istrant has posted or has made provision for the posting of a bond. The required bond shall be executed in favor of the state, in the amount of $50,000.00, with a surety company authorized to do business in this state and conditioned to pay dam ages not to exceed the amount of such bond to any person aggrieved by any act of the principal named in such bond, which act is in violation of this Code section. Such bond shall be filed with the Secretary of State and shall be approved by the Secretary of State as to form and as to the solvency of the surety. No person regis tered under this Code section shall cancel or cause to be canceled a bond issued pursuant to this Code section unless the Secretary of State is so informed in writing by certified mail at least 30 days prior to the proposed cancellation. If the surety or registrant fails to submit, within ten days of the effective date of cancellation, a new bond as outlined in this subsection, the Secretary of State shall have the authority to revoke any registration issued under this Code section. (3) The Secretary of State shall revoke the registration of any ticket broker who no longer meets the eligibility requirements of paragraph (2) of this subsection or is con victed of a violation of this article, (d) A ticket broker shall be required to: (1) Disclose to the purchaser verbally or by use of a map the location of the seat represented by any ticket sold; (2) Disclose to the purchaser the refund policy of the ticket broker should an enter tainment event be canceled; and (3) Disclose to the purchaser that a service charge has been added by the ticket bro ker to the price stated on the ticket. (e)(l) If a ticket broker guarantees in writing delivery of a ticket or tickets to a pur chaser and fails to complete such delivery, the ticket broker shall be required to pro vide within 15 days a full refund of any amount paid by the purchaser and, in addition, shall pay the purchaser a refund fee of $250.00 per ticket. (2) A ticket broker who violates paragraph (1) of this subsection shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $5,000.00 or impris oned for not less than one year or more than three years, or both. (f) Unless a ticket broker has a written contract with the owner, operator, lessee, or ten ant of the property on which an athletic contest or entertainment event is to be held, which contract authorizes the ticket broker to sell more than 10 percent of the tickets allocated for such event, the ticket broker shall be prohibited from selling in excess of 10 percent of the total tickets allocated for the event. (g) The registration and revocation of registration provisions of this article shall be min isterial duties of the Secretary of State. It shall be the duty of local law enforcement agencies and prosecuting attorneys to enforce the provisions of this article.
10-1-312. It shall be unlawful for any ticket agent, ticket broker, ticket seller, or any other person, firm, corporation, partnership, or legal entity to sell any ticket to any event of the 1996 Olympic Games in excess of the price printed on the ticket.
10-1-313.

THURSDAY, FEBRUARY 16, 1995

973

No provision of this article or any other provision of law shall prohibit any person who is the purchaser or is in lawful possession of not more than ten valid tickets to an ath letic contest or entertainment event covered under subsection (a) of Code Section 10-1-310 from selling or offering for sale any of such tickets for a price equal to or less than the price printed on the ticket; and no such person shall be required to procure any business license for the purpose of selling such tickets as provided in this Code sec tion.
10-1-314. (a) Each transaction, advertisement, ticket sold, or other act which constitutes a viola tion of this article shall constitute a separate violation of Code Section 10-1-393. (b) Except as otherwise provided in subsection (e) of Code Section 10-1-311, any person who violates this article shall be guilty of a misdemeanor."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Powell of the 23rd moves to amend the Committee substitute to HB 516 by striking lines 11 through 15 of page 5 in their entirety and inserting in lieu thereof the following:
"It shall be unlawful for any ticket agent, ticket broker, ticket seller, or any other per son, firm, corporation, partnership, or legal entity to sell any ticket to any event of the 1996 Olympic Games or the 1996 Paralympic Games, or any other athletic event in the State of Georgia, whether amateur or professional, whether at face value, in excess of face value, or below face value, without written authorization as provided in subsection (a) of Code Section 10-1-310.".
By inserting between lines 36 and 37 of page 5 the following:
"SECTION 2.6.
Code Section 10-1-312 as enacted by this Act shall automatically stand repealed as of Sep tember 1, 1996.".

Representative Walker of the 141st moved that further consideration of HB 516 be postponed until tomorrow immediately following the period of unanimous consents.
The motion prevailed.

The following Resolutions of the House were read and adopted:

HR 352. By Representatives Coleman of the 142nd and Byrd of the 170th: A resolution commending Grady Williams.

HR 353. By Representatives Mann of the 5th and Kinnamon of the 4th: A resolution commending The Heritage Singers.

HR 354. By Representatives Thomas of the 148th and Pelote of the 149th:
A resolution congratulating Reverend W.M. Daniels on the occasion of his fifty-fourth anniversary as pastor of Central Baptist Church.

974

JOURNAL OF THE HOUSE,

HR 355. By Representative Purcell of the 147th: A resolution expressing regret at the passing of Mr. Raiford H. Rahn.

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

FRIDAY, FEBRUARY 17, 1995

975

Representative Hall, Atlanta, Georgia Friday, February 17, 1995

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

Ashe Bailey Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Bordeaux Bostick Breedlove Brooks, D
Brooks, T
Brown, G Brown, J Buck Buckner
Bunn
Byrd
Campbell
Canty
Carter Chambless Childers Coker Coleman, B Connell
Cox Crawford

Crews
Culbreth Cummings Davis, M Day DeLoach, B DeLoach, G Dixon, H Dobbs Ehrhart Epps Evans Felton Floyd Godbee Golden Greene Grindley
Hanner
Harbin
Harris
Hart Heard Heckstall
Hegstrom
Hembree Henson Holland Hudson Hugley

James Johns ton Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall McKinney Mills
Mobley, J Mosley Mueller O'Neal Parrish Parsons Pelote Perry Pinholster

Polak Porter Poston Powell Purcell, A Purcell, B Randolph Ray Reaves Reichert Roberts Rogers Royal Sanders Sauder Shanahan Shaw
Sherrill
Shipp
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V
Smith, W
Snelling
S tailings

Stand!, F Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teper Thomas Tillman Titus Towery Trense Twiggs Walker, L Walker, R.L Wall
Watson
Watts
Westmoreland
Whitaker
White
Wiles
Williams, B
Williams, J
Williams, R
Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Turnquest of the 73rd, Falls of the 125th, Irvin of the 45th, Jamieson of the 22nd, Goodwin of the 79th, Dix of the 76th, Johnson of the 84th, Dixon of the 150th, Jenkins of the 110th, Brush of the 112th, Holmes of the 53rd, McClinton of the 68th, Jones of the 71st, Simpson of the 101st, Mobley of the 69th, Sinkfield of the 57th, Teague of the 58th, Smyre of the 136th and Coleman of the 142nd.
They wish to be recorded as present.

Prayer was offered by Mr. Doug Jensen, Life Ministries, Inc., Dalton, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

976

JOURNAL OF THE HOUSE,

Pursuant to Rule 58, Representative Woods of the 32nd served notice that at the next regular meeting of the House he would submit a procedural motion instructing the Com mittee on Ways and Means to report the following Bill back to the House:

HB 26. By Representatives Woods of the 32nd and Kaye of the 37th:
A bill to amend Chapter 8 of Title 48 of the Official Code of Georgia Anno tated, relating to sales and use taxation, so as to provide for a phased-in exemption for certain food items and certain drugs prescribed by physicians and dispensed by pharmacists with respect to the levy or imposition of cer tain sales and use taxation.

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

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

HB 769. By Representative Stancil of the 16th:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to compensation of court bailiffs, so as to increase the per diem amount which may be fixed by the grand jury.
Referred to the Committee on Judiciary.

HB 770. By Representatives Hugley of the 133rd, Taylor of the 134th, Polak of the 67th and Sherrill of the 62nd:
A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to provide for notices regarding adverse information reported to consumer reporting agencies.
Referred to the Committee on Industry.

HB 771. By Representatives Snow of the 2nd, Purcell of the 147th, Holland of the 157th, Ray of the 128th, Smith of the 169th and others:
A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to jurisdiction, powers, and duties of the Public Service Commission, so as to require the Public Service Commission to divide the state into geographic regions and to provide subsequently for toll free calling between two telephones located within the same region.
Referred to the Committee on Industry.

FRIDAY, FEBRUARY 17, 1995

977

HB 772. By Representatives Royal of the 164th, Lee of the 94th, Walker of the 141st, Coleman of the 142nd and Buck of the 135th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to financial affairs regarding the General Assembly, so as to provide for the comprehensive revision of provisions relating to local govern ment impact fiscal notes.
Referred to the Committee on Ways & Means.

HB 773. By Representatives Buck of the 135th, Benefield of the 96th, Chambless of the 163rd, Watts of the 26th, Manner of the 159th and others:
A bill to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit.
Referred to the Committee on Retirement.
HB 774. By Representatives Kaye of the 37th and Shanahan of the 10th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that certain persons otherwise eligible for membership in the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia shall have the option during the first five years of employment to become members of such retirement sys tems.
Referred to the Committee on Retirement.

HB 775. By Representative Shanahan of the 10th:
A bill to amend an Act creating the office of Commissioner of Gordon County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 776. By Representatives Towery of the 30th, Klein of the 39th, Grindley of the 35th, Woods of the 32nd and Ehrhart of the 36th:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to change certain pro visions relating to the authorized purposes for which certain of such funds may be expended.
Referred to the Committee on Ways & Means.

HB 777. By Representatives Smith of the 169th, Benefield of the 96th, Streat of the 167th, Coleman of the 142nd, Powell of the 23rd and others:
A bill to amend Code Section 45-7-21 of the Official Code of Georgia Anno tated, relating to expense allowance and travel cost reimbursements for mem bers of certain boards and commissions, so as to provide for expense allowance and travel cost reimbursements for members of the Georgia Rail Passenger Authority; to amend Code Section 46-9-274 of the Official Code of Georgia Annotated, relating to membership of the Georgia Rail Passenger Authority, so as to provide that members of such authority shall receive expense allowances and travel cost reimbursements.
Referred to the Committee on Transportation.

978

JOURNAL OF THE HOUSE,

HB 778. By Representative Coleman of the 142nd:
A bill to amend Chapter 1 of Title 43 of the Official Code of Georgia Anno tated, relating to professions and businesses in general, so as to provide for state examining boards to grant a preference in the administration of licens ing tests and examinations to persons who have completed certain relevant training at certain educational institutions under the jurisdiction of the Department of Technical and Adult Education.
Referred to the Committee on Industry.

HB 779. By Representatives Coleman of the 80th and Bargeron of the 120th:
A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Anno tated, relating to auctioneers, so as to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete cer tain obsolete provisions; to change the provisions relating to qualifications for licenses.
Referred to the Committee on Industry.

HB 780. By Representative Burkhalter of the 41st:
A bill to increase the homestead exemptions from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over and provide for conditions and procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 781. By Representatives Bostick of the 165th and Greene of the 158th:
A bill to amend Article 6 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, known as the "Vidalia Onion Act of 1986," so as to change the provisions relating to the Vidalia onion production area and the definition and delineation thereof.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 782. By Representative Connell of the 115th:
A bill to amend Code Section 47-10-3 of the Official Code of Georgia Anno tated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund, so as to delete a reference to the State Court of Richmond County.
Referred to the Committee on Retirement.

HB 783. By Representatives Irvin of the 45th, Crews of the 78th, Johnson of the 97th, Maddox of the 108th, Barnard of the 154th and others:
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 require certain statistical summaries regarding certain means-tested programs; to provide for sample surveys of certain assistance recipients.
Referred to the Committee on Children and Youth.

FRIDAY, FEBRUARY 17, 1995

979

HB 784. By Representatives Irvin of the 45th, Crews of the 78th, Williams of the 83rd, Johnson of the 97th, Maddox of the 108th and others:
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 prohibit the denial of assistance under the Act to families wherein the principal wage earner is employed 100 hours a month or more.
Referred to the Committee on Children and Youth.

HB 785. By Representatives Irvin of the 45th, Crews of the 78th, Mueller of the 152nd, Maddox of the 108th, Johnson of the 97th and others:
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 change the provisions requiring certain applicants for public assistance to live in the home of their parents or guardians so as to impose those requirements upon recipients of such assistance.
Referred to the Committee on Children and Youth.

HB 786. By Representatives Irvin of the 45th, Crews of the 78th, Brooks of the 103rd, Maddox of the 108th, Johnson of the 97th and others:
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 change the provisions relating to when the birth of a child disqualifies recipients of public assistance from certain additional benefits.
Referred to the Committee on Children and Youth.

HB 787. By Representatives Irvin of the 45th, Crews of the 78th, Barnard of the 154th, Johnson of the 97th, Maddox of the 108th and others:
A bill to amend Code Section 31-10-9 of the Official Code of Georgia Anno tated, relating to registration of births, so as to provide for affidavits regard ing paternity; to require such affidavits to be provided and filed and provide for sanctions relating thereto; 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 prohibit the inclusion in money payments of assistance grants thereunder of certain mothers of children for whom there is no birth certifi cate.
Referred to the Committee on Children and Youth.

HB 788. By Representatives Johnson of the 97th, Ehrhart of the 36th, Irvin of the 45th, Crews of the 78th, Maddox of the 108th and others:
A bill to provide for legislative findings and intent; 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 change a definition and terminate money payments.
Referred to the Committee on Children and Youth.

HB 789. By Representative McCall of the 90th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oglethorpe County.
Referred to the Committee on State Planning & Community Affairs - Local.

980

JOURNAL OF THE HOUSE,

HB 790. By Representatives Walker of the 141st, Watson of the 139th and Floyd of the 138th:
A bill to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, so as to spec ify which county shall receive ad valorem taxes from certain real and tangible personal property located on an airport split by a county line under certain conditions.
Referred to the Committee on Ways & Means.

HB 791. By Representatives Watts of the 26th, Smith of the 109th and Barnes of the 33rd:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to allow the charging of service charges on an instrument on which a banking or financial organization is directly liable for a period of 12 months immedi ately following a two-year period of time in which the instrument is not pre sented for payment.
Referred to the Committee on Banks & Banking.

HB 792. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A bill to amend Code Section 2-3-5 of the Official Code of Georgia Anno tated, relating to the composition, officers, bylaws, quorums, and other mat ters relating to the Georgia Agrirama Development Authority, so as to change the membership of the authority.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 351. By Representative Jamieson of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Stephens County.
Referred to the Committee on State Institutions & Property.

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

HR 367. By Representatives Reaves of the 178th, Floyd of the 138th and Purcell of the 147th:
A resolution proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agri cultural products by agricultural processing industries and used for the pro motion of such agricultural processing industries without the need for paying such moneys into the general fund of the state treasury.
Referred to the Committee on Agriculture & Consumer Affairs.

HR 368. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st, Smyre of the 136th, Lee of the 94th and others:
A resolution designating the Pete Hackney Parking Facility.
Referred to the Committee on Rules.

FRIDAY, FEBRUARY 17, 1995

981

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

HB 756 HB 757 HB 758 HB 759
HB 760 HB 761

HR 335 SB 25 SB 53 SB 97
SB 130 gg jet

HnHRBo T7<6Od4? HB 765 HB 766 HB 767 HB 768 HR 334

SSQBBR 22<,4A4Q39 SB 276 SB 284 SB 287 SR 214 HB 755

Pursuant to Rule 52, Representative Royal of the 164th moved that the following Bill of the House be engrossed:

HB 755. By Representatives Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd:
A bill to amend Code Section 48-5-7.5 of the Official Code of Georgia Anno tated, relating to assessment and taxation of standing timber, so as to change the millage rate to be used in calculating such tax; to change certain provi sions relating to the provision of weighted average prices by the state reve nue commissioner to tax assessors.

The motion prevailed.

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

Mr. Speaker:

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

HB 233 Do Pass HB 474 Do Pass

HB 578 Do Pass HB 694 Do Pass

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 481 Do Pass, by Substitute

982

JOURNAL OF THE HOUSE,

Respectfully submitted, // Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 395 Do Pass HB 611 Do Pass, as Amended
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 579 Do Pass, as Amended HB 596 Do Pass, as Amended
Respectfully submitted, /s/ Lane of the 146th
Chairman

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

Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 240 Do Pass, by Substitute
Respectfully submitted, /s/ Watson of the 139th
Chairman

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

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

FRIDAY, FEBRUARY 17, 1995

983

HB 616 Do Pass, by Substitute HB 626 Do Pass, by Substitute HB 677 Do Pass

SB 207 Do Pass SB 238 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 76 Do Pass, by Substitute HB 520 Do Pass, by Substitute HB 548 Do Pass, by Substitute

HB 603 Do Pass, by Substitute HB 605 Do Pass, by Substitute HB 670 Do Pass, by Substitute

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 374 Do Pass, by Substitute HB 680 Do Pass
Respectfully submitted, /s/ Dixon of the 168th
Chairman

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

Mr. Speaker:

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

HR 242 Do Pass HR 280 Do Pass

HR 349 Do Pass HR 350 Do Pass

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

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

984

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 308 Do Pass, as Amended
Respectfully submitted, Is/ Randall of the 127th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 262 Do Pass
Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 738 Do Pass HB 741 Do Pass HB 753 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 511 Do Pass, by Substitute HB 641 Do Pass HR 291 Do Pass HR 304 Do Pass

HR 332 Do Pass SR 12 Do Pass SR 15 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

FRIDAY, FEBRUARY 17, 1995

985

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

HOUSE RULES CALENDAR FRIDAY, FEBRUARY 17, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 25th Legislative Day as enu merated below:
HB 53 Legislative information; public distribution in electronic format HB 134 Educators; discipline of students; liability HB 175 Occupation tax levy; classification of businesses HB 571 Motor vehicle registration and licensing; certain trailers HB 576 State Properties Commission; membership HB 640 Municipal Employees Benefit; contributions HB 684 Sales tax; exempt certain sales by parent-teacher organizations
HR 303 Religious Comm Conf on Needs of Children; create Planning Comm HR 316 Cumberland Island and St. Marys; urge certain action by NPS
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 738. By Representative Greene of the 158th:
A bill to amend an Act creating a new charter for the City of Lumpkin, 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 741. By Representative Barnard of the 154th: A bill to provide a new charter for the City of Hagan.

The report 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 753. By Representative Shanahan of the 10th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County.

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

986

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.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following bills of the Senate:
SB 9. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and Tanksley of the 32nd:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Anno tated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
SB 64. By Senators Middleton of the 50th, Madden of the 47th, Ralston of the 51st and others:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for state grants for certain educational programs conducted after regular school hours for at-risk youth.
SB 128. By Senator Tysinger of the 41st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the general provisions relating to the General Assembly, so as to authorize the General Assembly to introduce, consider, and enact jointly sponsored bills and resolutions; to provide for the manner of introduc ing and acting upon such bills; to provide an effective date.
SB 148. By Senators Griffin of the 25th, Scott of the 36th, Johnson of the 2nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for state, county, and municipal elections; to provide for advertisement of writein candidacy in a state election in each newspaper of general circulation in the geographic area encompassing electors qualified to vote for the office the candidate is seeking.
SB 157. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a domestic vio lence intervention program; to provide for the contents and cost of such pro grams; to provide for monitoring of such offenders by the court.
SB 160. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A bill to amend Code Section 17-7-130 of the Official Code of Georgia Anno tated, relating to procedures upon a person's plea of mental incompetency to stand trial, so as to provide certain additional procedures for the handling of persons found to be mentally incompetent; to provide for related matters; to provide for an effective date and applicability.

FRIDAY, FEBRUARY 17, 1995

987

SB 179. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Anno tated, relating to registration of dealers and cemeteries, perpetual care ceme tery trust funds, nonperpetual care cemeteries, and preneed escrow accounts, so as to provide that certain property may be operated as a nonperpetual care cemetery; to provide for practices, procedures, and requirements related thereto.

SB 230. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide statutory authority and to delineate uses for probation detention centers and probation diversion centers; to authorize a trial judge to require certain persons who have been sentenced to not less than one year on probation to complete satisfactorily a program of confinement in a probation detention center as a condition of probation.

SB 271. By Senator Ragan of the llth:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Anno tated, relating to the definition of terms applicable to optometrist regulation, so as to provide for an expanded definition of permissible pharmaceutical agents.

SB 283. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to civil practice, so as to provide for nonstenographic deposi tions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the appearance or demeanor of deponents or attorneys.

SB 293. By Senators Oliver of the 42nd, Perdue of the 18th and Tysinger of the 41st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Information Technology Policy Act of 1995"; to provide for legislative intent; to provide for definitions; to create the Georgia Information Technology Policy Council; to provide for its pow ers, duties, and authority; to provide for members and vacancies; to provide for meetings and procedures; to provide for reimbursement.

SB 323. By Senators Edge of the 28th, Ray of the 19th, Pollard of the 24th and oth ers:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide guidelines and lim its on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and mis leading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.

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

988

JOURNAL OF THE HOUSE,

SR 102. By Senator Cheeks of the 23rd:
A resolution authorizing the leasing of certain real property owned by the Georgia Building Authority in Richmond County, Georgia.

SR 119. By Senator Kemp of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Liberty County, Georgia.

SR 139. By Senator Thomas of the 10th:
A resolution directing the Division of Public Health of the Department of Human Resources, acting in consultation with the Georgia Trauma Advisory Council, to create a state-wide trauma response system plan.

SR 163. By Senators Ragan of the llth, Ray of the 19th, Gillis of the 20th and oth ers:
A resolution creating the Joint Study Committee on Georgia Agricultural Education.

The Senate has agreed to the House substitute to the following bills of the Senate:

SB 258. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act consolidating the offices of tax receiver and tax col lector of Clayton County into the office of tax commissioner, as amended, so as to change certain provisions relative to the compensation of the deputy tax commissioner.

SB 259. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the sheriff and clerk of the Superior Court of Clayton County on an annual salary, as amended, so as to change the compensation of the deputy clerk of the superior court; to provide for the application of civil service benefits.

SB 260. 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 deputy clerk of said court; to provide for the application of civil service benefits.

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

SB 9. By Senators Newbill of the 56th, Clay of the 37th, McGuire of the 30th and others:
A bill to amend Code Section 20-2-282 of the Official Code of Georgia Anno tated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto.
Referred to the Committee on Education.

FRIDAY, FEBRUARY 17, 1995

989

SB 64. By Senators Middleton of the 50th, Madden of the 47th, Ralston of the 51st and others:
A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for state grants for certain educational programs conducted after regular school hours for at-risk youth.
Referred to the Committee on Education.

SB 128. By Senator Tysinger of the 41st:
A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Anno tated, relating to the general provisions relating to the General Assembly, so as to authorize the General Assembly to introduce, consider, and enact jointly sponsored bills and resolutions; to provide for the manner of introduc ing and acting upon such bills; to provide an effective date.
Referred to the Committee on Rules.

SB 148. By Senators Griffin of the 25th, Scott of the 36th, Johnson of the 2nd and others:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the date for notice of a write-in candidacy for state, county, and municipal elections; to provide for advertisement of writein candidacy in a state election in each newspaper of general circulation in the geographic area encompassing electors qualified to vote for the office the candidate is seeking.
Referred to the Committee on Governmental Affairs.

SB 157. By Senators Clay of the 37th, Burton of the 5th and Boshears of the 6th:
A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Anno tated, relating to family violence, so as to provide that judges may order any person who has committed family violence to participate in a domestic vio lence intervention program; to provide for the contents and cost of such pro grams; to provide for monitoring of such offenders by the court.
Referred to the Committee on Judiciary.

SB 160. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A bill to amend Code Section 17-7-130 of the Official Code of Georgia Anno tated, relating to procedures upon a person's plea of mental incompetency to stand trial, so as to provide certain additional procedures for the handling of persons found to be mentally incompetent; to provide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Judiciary.

SB 179. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 44-3-134 of the Official Code of Georgia Anno tated, relating to registration of dealers and cemeteries, perpetual care ceme tery trust funds, nonperpetual care cemeteries, and preneed escrow accounts, so as to provide that certain property may be operated as a nonperpetual care cemetery; to provide for practices, procedures, and requirements related thereto.
Referred to the Committee on Industry.

990

JOURNAL OF THE HOUSE,

SB 230. By Senators Dean of the 31st, Ray of the 19th and Hill of the 4th:
A bill to amend Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, known as the "State-wide Probation Act," so as to pro vide statutory authority and to delineate uses for probation detention centers and probation diversion centers; to authorize a trial judge to require certain persons who have been sentenced to not less than one year on probation to complete satisfactorily a program of confinement in a probation detention center as a condition of probation.
Referred to the Committee on State Institutions & Property.

SB 271. By Senator Ragan of the llth:
A bill to amend Code Section 43-30-1 of the Official Code of Georgia Anno tated, relating to the definition of terms applicable to optometrist regulation, so as to provide for an expanded definition of permissible pharmaceutical agents.
Referred to the Committee on Health & Ecology.
SB 283. By Senators Farrow of the 54th and Ralston of the 51st:
A bill to amend Chapter 11 of Title 9 of the Official Code of Georgia Anno tated, relating to civil practice, so as to provide for nonstenographic deposi tions at the election of the party taking the deposition unless the court orders otherwise; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the appearance or demeanor of deponents or attorneys.
Referred to the Committee on Judiciary.

SB 293. By Senators Oliver of the 42nd, Perdue of the 18th and Tysinger of the 41st:
A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to enact the "Information Technology Policy Act of 1995"; to provide for legislative intent; to provide for definitions; to create the Georgia Information Technology Policy Council; to provide for its pow ers, duties, and authority; to provide for members and vacancies; to provide for meetings and procedures; to provide for reimbursement.
Referred to the Committee on University System of Georgia.

SB 323. By Senators Edge of the 28th, Ray of the 19th, Pollard of the 24th and oth ers:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide guidelines and lim its on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and mis leading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.
Referred to the Committee on Industrial Relations.

SR 102. By Senator Cheeks of the 23rd:
A resolution authorizing the leasing of certain real property owned by the Georgia Building Authority in Richmond County, Georgia.
Referred to the Committee on State Institutions & Property.

FRIDAY, FEBRUARY 17, 1995

991

SR 119. By Senator Kemp of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Liberty County, Georgia.
Referred to the Committee on State Institutions & Property.

SR 139. By Senator Thomas of the 10th:
A resolution directing the Division of Public Health of the Department of Human Resources, acting in consultation with the Georgia Trauma Advisory Council, to create a state-wide trauma response system plan.
Referred to the Committee on Health & Ecology.

SR 163. By Senators Ragan of the llth, Ray of the 19th, Gillis of the 20th and oth ers:
A resolution creating the Joint Study Committee on Georgia Agricultural Education.
Referred to the Committee on Rules.

Representative Twiggs of the 8th arose to a point of personal privilege and addressed the House.

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

HR 349. By Representatives Birdsong of the 123rd, Bargeron of the 120th, Purcell of the 9th and Smith of the 175th:
A resolution commending the Georgia National Guard, declaring Georgia National Guard Day, and inviting Major General William P. Bland to appear before the House of Representatives.

HR 350. By Representative Davis of the 60th:
A resolution declaring "Save the Children Day" in Georgia and inviting Ms. Sally Struthers to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 359. By Representatives Hudson of the 156th and Murphy of the 18th:
A resolution commending Mr. Frank C. Crouch on the occasion of his 93rd birthday.

HR 360. By Representatives Buck of the 135th, Taylor of the 134th, Culbreth of the 132nd, Hugley of the 133rd, Smith of the 102nd and others:
A resolution commending James Neal Campbell, III.

HR 361. By Representatives Buck of the 135th, Taylor of the 134th, Culbreth of the 132nd, Hugley of the 133rd and Smith of the 102nd:
A resolution commending Maryam Motiwala.

992

JOURNAL OF THE HOUSE,

HR 362. By Representative Stancil of the 91st: A resolution expressing regret at the passing of Honorable Howard Tamplin.

HR 363. By Representative Stancil of the 91st: A resolution recognizing and commending Henry and Alan Verner.

HR 364. By Representative James of the 140th: A resolution commending and congratulating Mr. Tom Mainor.

HR 375. By Representatives Powell of the 23rd, Murphy of the 18th, Watson of the 139th and Connell of the 115th:
A resolution expressing regret at the passing of Mr. Glen P. Woodard.

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

HR 370. By Representative Purcell of the 9th:
A resolution commending Miss Whitney Fuller and inviting her to appear before the House of Representatives at a time to be designated by the Speaker.

HR 371. By Representatives Taylor of the 134th, Hugley of the 133rd, Buck of the 135th, Smyre of the 136th, Culbreth of the 132nd and others:
A resolution commending Fort Benning and inviting Major General John W. Hendrix to appear before the House of Representatives.

HR 372. By Representatives Stanley of the 49th, Smyre of the 136th, Sinkfield of the 57th, McKinney of the 51st, Stanley of the 50th and others:
A resolution recognizing Chief Beverly Harvard and inviting her to appear before the House of Representatives.

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

HB 516. By Representatives Powell of the 23rd, Watson of the 139th, Towery of the 30th, Brush of the 112th, Dixon of the 150th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to change the provi sions relating to ticket scalping and ticket selling; to make it unlawful for any person other than a ticket agent, ticket broker, or ticket seller to sell or offer for sale any ticket to any event.

By unanimous consent, the Powell amendment previously adopted on February 16, 1995 was reconsidered.
Representative Powell of the 23rd withdrew his amendment.

The following amendments were read and adopted:

FRIDAY, FEBRUARY 17, 1995

993

Representative Powell of the 23rd moves to amend the Committee substitute to HB 516 by striking from lines 22 through 24 of page 1 the following:
"to prohibit the sale of tickets to events of the 1996 Olympic Games in excess of the price printed on the ticket;",
and inserting in lieu thereof the following:
"to prohibit certain activities in connection with the sale of tickets to events of the 1996 Olympic Games;".
By striking in their entirety lines 11 through 15 of page 5 and inserting in lieu thereof the following:
"(a) It shall be unlawful for any ticket agent, ticket broker, or any other firm, corpora tion, partnership, or legal entity, except the Atlanta Committee for the Olympic Games or the Atlanta Paralympic Organizing Committee, to advertise for sale, offer for sale, or sell any ticket to any event of the 1996 Olympic Games or the 1996 Paralympic Games without written authorization from the Atlanta Committee for the Olympic Games or the Atlanta Paralympic Organizing Committee. (b) This Code section shall automatically stand repealed in its entirety as of September 1, 1996."

Representative White of the 161st District moves to amend the Committee substitute to HB 516 as follows:
By changing on page 5 lines 1 and 3 the number 10 to the number 3.

The following amendment was read:

Representative Reichert of the 126th District moves to amend the Committee substitute to HB 516 as follows:
P 5 line 22-23 strike "equal to or less than" and insert "other than" P 2 line 5 strike "It" and insert "Except as provided in O.C.G.A. 10-1-313, it".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes
N Benefield E Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D Y Brooks, T N Brown, G N Brown, J NBrush NBuck N Buckner YBunn E Burkhalter NByrd N Campbell

N Canty
N Carter N Chambless E Channell N Childers N Coker N Coleman, B
Coleman, T N Connell NCox
N Crawford
Y Crews N Culbreth N Cummings
Davis, G Davis, M NDay N DeLoach, B Y DeLoach, G NDix Y Dixon, H N Dixon, S Y Dobbs N Ehrhart YEpps

N Evans
Y Falls N Felton Y Floyd
Godbee N Golden N Goodwin
N Greene Y Grindley N Manner N Harbin Y Harris
Hart N Heard N Heckstall N Hegstrom
N Hembree N Henson N Holland N Holmes N Howard
Y Hudson N Hugley Ylrvin N James

N Jamieson N Jenkins
Johnson, G N Johnson, J Y Johnston
Jones Y Joyce NKaye N Kinnamon Y Klein
NLadd Lakly
NLane N Lawrence NLee Y Lewis
Lifsey NLord Y Lucas N Maddox YMann N Martin YMcBee N McCall N McCKnton

N McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock N Parham N Parrish
Parsons N Pelote N Perry Y Pinholster N Polak N Porter NPoston N Powell N Purcell, A N Purcell, B N Randall
Randolph NRay N Reaves Y Reichert

994
Y Roberts N Rogers N Royal N Sanders N Sauder E Scoggins Y Shanahan NShaw Y Sherrill N Shipp N Simpson

JOURNAL OF THE HOUSE,

N Sinkfield N Skipper
Smith, C Y Smith, C.W N Smith, L N Smith, P
Y Smith, T
N Smith, V N Smith, W N Smyre Y Snelling

N Snow
N Stallinga
N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson
Streat N Taylor
Teague N Teper

N Thomas
N Tillman Y Titus N Towery N Trense
N Turnquest
Twiggs N Walker, L Y Walker, R.L Y Wall N Watson

N Watts
Y Westmorland Y Whitaker
N White N Wiles
N Williams, B
N Williams, J
N Williams, R
Y Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 38, nays 120. The amendment was lost.

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Y Bargeron
N Barnard Y Barnes
Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner N Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel!
Y Childers
Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H
Y Dixon, S N Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Y Goodwin Y Greene
Y Grindley
Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley
Y Irvin Y James
Y Jamieson N Jenkins
Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly YLane
Y Lawrence YLee N Lewis
Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley
Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish
Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves N Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Y Smith, T
Y Smith, V

Y Smith, W
Y Smyre
Y Snelling
YSnow
Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman N Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmorland N Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 155, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The Speaker Pro Tern assumed the Chair.

FRIDAY, FEBRUARY 17, 1995

995

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

HB 134. By Representatives Walker of the 141st, McKinney of the 51st, Smith of the 175th, Godbee of the 145th, Royal of the 164th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide that certain educators shall not be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student, except for acts or omissions of willful or wan ton negligence or misconduct.

The following Committee substitute was read:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary, secondary, and adult education, so as to provide that certain educators shall not be liable for any civil damages for, or arising out of, any act or omission concerning, relat ing to, or resulting from the discipline of any student, except for acts or omissions of willful or wanton misconduct; to provide for a definition; to provide for the imposition, collection, and payment of court costs, attorneys' fees, and other expenses in certain cir cumstances; to provide for actions and counterclaims; to provide for duties of county and local boards of education concerning the provision of counsel to educators and practices, procedures, hearings, testimony, and other matters related thereto; to provide for the pay ment of the costs thereof; to provide for other matters relating to the rights of educators; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by adding, following Article 18 of said chapter, a new Article ISA to read as follows:
"ARTICLE ISA
20-2-1000. (a) As used in this Code section, the term 'educator' means any principal, school admin istrator, teacher, guidance counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom, or certificated professional personnel. (b) No educator shall be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student, except for acts or omissions of willful or wanton misconduct. (c) If a judgment or finding is rendered in favor of a defendant educator in any action, complaint, disciplinary proceeding, or other administrative proceeding brought by a stu dent, a parent or guardian of a student, or any other person on behalf of a student and arising out of or resulting from the discipline of such student or if the complaint is found to be nonmeritorious, frivolous, or without just cause, all reasonable court costs, reasonable attorneys' fees, and reasonable expenses incurred by the defendant educator in defending such action or complaint shall be assessed by the court, agency, or other tribunal against the plaintiff and shall be paid by the plaintiff. Any educator shall have a right to bring an action or a counterclaim against the plaintiff in any such action or proceeding for any damages suffered by the educator as a result of the actions of the student or the filing of any frivolous or nonmeritorious action, complaint, or report. Nothing in this subsection shall be construed to apply to any educator filing a complaint

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JOURNAL OF THE HOUSE,

as required by the rules, regulations, or code of ethics of the Professional Practices Com mission; any child abuse reporting statute; any applicable local board of education rule, regulation, or policy; or any State Board of Education rule, regulation, or policy, (d) If any civil action is brought against any educator or any report or complaint is made or filed against any educator with the county or local board of education, the Department of Education, the Professional Practices Commission, or any other regula tory agency or tribunal by a student, a parent or guardian of a student, or any other person on behalf of a student and arising out of or relating to the discipline of such stu dent, it shall be the duty of the county or local board of education employing such edu cator to provide counsel for the educator, if requested by the educator, unless such board of education determines, after an independent investigation of the report or com plaint, that the act or omission of the educator constituted willful or wanton misconduct or constituted gross misconduct in violation of the express written policies of the board of education. Neither testimony given in such independent investigation nor the results of any such independent investigation by the board of education shall be admissable in any other proceeding. The provision of counsel to such educator shall be for an educa tional purpose and any funds available to the board of education may be expended for such purpose. Any attorneys' fees recovered pursuant to subsection (c) of this Code sec tion attributable to the services furnished by any counsel provided to an educator by his or her employer shall be paid to the employer."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Hart of the 116th District moves to amend the Committee substitute to HB 134 as follows:
Amend line 2, page 2 to strike "willful or wanton" and add the word "gross"
On the adoption of the amendment, the roll call was ordered and the vote was as fol lows:

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

N Carter N Chambless E Channell N Childers N Coker N Coleman, B
Coleman, T Connell Y Cox N Crawford
N Crews N Culbreth N Cummings
Davis, G N Davis, M N Day N DeLoach, B N DeLoach, G N Dix N Dixon, H N Dixon, S N Dobbs N Ehrhart Y Epps N Evans N Falls

N Felton N Floyd N Godbee N Golden Y Goodwin N Greene N Grindley N Manner N Harbin N Harris
Y Hart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson
Holland Y Holmes Y Howard N Hudson Y Hugley N Irvin Y James N Jamieson N Jenkins N Johnson, G

N Johnson, J N Johnston Y Jones N Joyce N Kaye N Kinnamon Y Klein N Ladd N Lakly N Lane
N Lawrence N Lee N Lewis N Lifsey N Lord Y Lucas N Maddox N Mann N Martin N McBee N McCall N McClinton N McKinney N Mills Y Mobley, B N Mobley, J

N Mosley N Mueller N O'Neal
Orrock N Parham N Parrish N Parsons Y Pelote N Perry
Pinholster
N Polak N Porter Y Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph N Ray N Reaves N Reichert Y Roberts N Rogers N Royal N Sanders N Sauder

FRIDAY, FEBRUARY 17, 1995

997

E Scoggins N Shanahan NShaw N Sherrill N Shipp Y Simpson
Sinkfield N Skipper N Smith, C N Smith, C.W

N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W
Smyre N Snelling N Snow N Stallings N Stancil, F

N Stancil, S Y 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 Walker, L N Walker, R.L N Wall N Watson N Watts

N Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R Y Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 35, nays 129. The amendment was lost.

The Committee substitute was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield
E Birdsong
N Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cuminings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Y Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham
Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W
YSmyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 170, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Barfoot of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye"
thereon.

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JOURNAL OF THE HOUSE,

The Speaker assumed the Chair.
HB 640. By Representatives Stallings of the 100th, Mobley of the 86th and DeLoach of the 172nd: A bill to amend Article 3 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to retirement plans under the Georgia Municipal Employees Benefit System, so as to provide a limitation on employee contri butions.
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 Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J
Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

On the passage of the Bill, the ayes were 161, nays 0. The Bill, having received the requisite constitutional majority, was

Smith, W YSmyre Y Snelling YSnow Y Stallings 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 YTrense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Mobley of the 86th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 571. By Representatives Greene of the 158th, Bostick of the 165th and Powell of the 23rd:
A bill to amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, and to amend Chapter 10 of Title 48 of the Official Code of Geor gia Annotated, relating to motor vehicle license fees and plates, so as to pro vide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property.

FRIDAY, FEBRUARY 17, 1995

999

The following substitute, offered by Representatives Greene of the 158th and Parham of the 122nd, was read and adopted:

A BILL
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to provide that a sworn affidavit may be submitted to appropriate law enforcement officials and to the reve nue commissioner or the local tag agent for obtaining a replacement license plate or revalidation decal if the vehicle owner is unable to obtain a police report; to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of property; to amend Chapter 10 of Title 48 of the Official Code of Georgia Anno tated, relating to motor vehicle license fees and plates, so as to provide for the issuance, at the option of the owner, of permanent license plates for trailers used as or in connection with a motor vehicle, truck, or tractor used as a private carrier or a motor carrier of prop erty; 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 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking subsection (a) of Code Section 40-2-44 of the Official Code of Georgia Annotated, relating to report ing of theft, loss, or mutilation of license plates or revalidation decals and issuance of replacements, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsection (b) of this Code section, the owner of a motor vehicle shall immediately report the theft, loss, or mutilation of a license plate or revalidation decal to the appropriate law enforcement agency or official, including but not limited to a municipal or county police department or officer, the county sheriff, the Department of Public Safety, or the Georgia State Patrol. Said owner shall obtain a copy of the police report and shall submit such copy to the Motor Vehicle Division of the Department of Revenue with a fee of $8.00 to obtain a duplicate license plate or revalidation decal. Alternatively, the copy of the police report may be submitted to the applicant's county tag agent with a fee of $8.00 in which case the county tag agent is authorized to issue a replacement license plate or decal. In those instances in which a vehicle owner is unable to obtain a police report of such theft, loss, or mutilation of a license plate or revalidation decal, the owner shall be authorized to submit to the appro priate law enforcement agency or official and to either the Motor Vehicle Division of the Department of Revenue or to the county tag agent a sworn affidavit as to such theft, loss, or mutilation in lieu of a police report and obtain a replacement license plate or decal. The county tag agent shall be entitled to retain as compensation for issuance of a replacement license plate or decal the same commission as provided for issuance of a new license plate or decal under the terms and conditions provided in subsection (b) of Code Section 40-2-33."
SECTION 2. Said article is further amended by striking Code Section 40-2-47, relating to permanent registration and license plates for trailers used as or in connection with motor vehicles, trucks, or tractors used as common or contract carriers for hire, and inserting in lieu thereof a new Code Section 40-2-47 to read as follows:
"40-2-47.
Notwithstanding any other provision of this chapter to the contrary, the owner of any trailer including any single pole and twin-beam trailers and other trailers used in com mercial logging or commercial trailers used for the hauling of unprocessed farm products used as or in connection with a motor vehicle, truck, or tractor used as a common or

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contract carrier for hirez a private carrier, or a motor carrier of property shall have the option of obtaining a permanent registration and license plate for such trailer, in lieu of an annual registration and license plate, upon the payment of the one time one-time fee specified in Code Section 48-10-2 and compliance with the provisions of this Code section; provided, however, that boat trailers, utility trailers, and noncommercial cattle and livestock trailers shall not qualify for such permanent registration and license plate. The certificate of registration and license plate issued for a specific trailer under this Code section shall continue to be valid for the duration of the owner's interest in such trailer. No registration or license plate issued for any trailer under this Code section shall be transferred for any reason and a new registration and license plate shall be required when ownership of the trailer is transferred to a new owner. The payment of the fee for a permanent registration and license plate shall be in addition to and not in lieu of the payment of annual ad valorem taxes on such trailer."
SECTION 3. Chapter 10 of Title 48 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and plates, is amended by striking subsection (b) of Code Section 48-10-2, relating to annual license fees for operation of vehicles, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In lieu of the annual fee provided in paragraph (8) of subsection (a) of this Code section, the optional one-time fee for a permanent registration and license plate for any trailer used as or in connection with a motor vehicle, truck, or tractor used as a common or contract carrier for hire2 a private carrier, or a motor carrier of property and autho rized to obtain a permanent registration and license plate under the provisions of Code Section 40-2-47 shall be $48.00."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Sections 2 and 3 of this Act shall apply to registration and licensing of trailers on and after such date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 175. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th, Royal of the 164th, Bates of the 179th and others:
A bill to amend Code Section 48-13-10 of the Official Code of Georgia Anno tated, relating to determining the amount of occupation tax levied by local governments, so as to authorize businesses and practitioners to be classified by more than one criterion.

The following Committee substitute was read:

A BILL
To amend Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, so as to repeal provisions relating to occupation taxes and regulatory fees; to revise extensively provisions relating to occupation taxes and regulatory fees; to provide that certain transfers between or among wholly owned partner ships or other entities and proceeds from sales to customers outside the state shall not be

FRIDAY, FEBRUARY 17, 1995

1001

gross receipts; to clarify the definition of the term "location or office"; to define an employee; to clarify that local governments are not required to levy occupation taxes and regulatory fees; to change provisions relating to public hearings; to prohibit differential regulatory fees for businesses which do not have a location within the geographical juris diction of a local government; to clarify that no local government is authorized to use regu latory fees as a means of raising revenue for general purposes; to provide that all businesses or practitioners shall be classified by the same criterion or combination of crite ria; to permit the use of more than one criterion for classification; to allow a flat fee classi fication; to permit the use of more than one rate of taxation within the same profitability classification; to permit the use of more than one rate of taxation per employee; to pro hibit a taxation rate greater than the rate applied to the same dollar range of gross receipts in another classification which includes a business with a higher profitability ratio; to provide for tax credits; to provide an illustrative list of exemptions, reductions, and credits; to prohibit fees for the cost of ascertaining whether a business has paid occupation tax to another local government; to provide for rules and regulations for administrative resolution of certain complaints; to provide that failure or refusal to provide information requested in good faith is unlawful and punishable as a misdemeanor; to permit local gov ernments to provide for a due date for occupation taxes and regulatory fees in the local ordinance; to provide for interest on delinquent occupation taxes, regulatory fees, and administrative fees; to provide that regulatory fees shall not be reduced for businesses commencing operation on or after July 1; to authorize local governments to allow payment of the lesser computation of taxes and fees in certain situations; to provide that counties and municipal corporations shall enact ordinances and resolutions in compliance with this Act in certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
SECTION 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, busi ness, and occupation taxes, is amended by repealing in its entirety Article 1, relating to general provisions relative to such taxes, and inserting in lieu thereof the following:
"ARTICLE 1
48-13-1.
As used in this chapter, the term 'in towns or cities' means within one mile of villages, towns, or cities.
48-13-2.
No export tax shall be imposed upon any item manufactured or produced in this state and shipped by the manufacturer or producer for sale outside the state.
48-13-3.
No county, municipality, or district shall levy or collect any capitation tax whatever, except street tax.
48-13-4.
(a) It shall be unlawful for the state or any county, municipality, airport authority, dis trict, or other political subdivision to levy or collect a tax, fee, head charge, or other charge, directly or indirectly, on:
(1) Persons traveling in air commerce, whether on regularly scheduled commercial air lines, chartered air flights, or in privately owned civil aircraft; (2) The carriage of persons traveling in air commerce; or (3) The sale of air transportation or on the gross receipts derived from air transporta tion. (b) This Code section shall not be construed to prohibit the state or any county, munici pality, airport authority, district, or other political subdivision: (1) From levying or collecting any property, income, franchise, sale, use, or other tax otherwise authorized by law; or (2) Which owns or operates an airport from levying or collecting reasonable rental charges, landing fees, license fees, permit fees, and other service charges for the use

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of airport facilities and related facilities from aircraft owners, operators, persons sell ing or providing goods or services to the owners or operators or to the public, and oth ers, when otherwise allowed by law.
48-13-5.
As used in this article, the term: (1) 'Administrative fee' means a component of an occupation tax which approximates the reasonable cost of handling and processing the occupation tax. (1.1) 'Employee' means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds PICA, federal income tax, or state income tax from such individual's compensation or whose employer issues to such individual for purposes of documenting compensation a form I.R.S. W-2 but not a form I.R.S. 1099. (2) (A) 'Gross receipts' means total revenue of the business or practitioner for the period, including without being limited to the following: (i) Total income without deduction for the cost of goods sold or expenses incurred; (ii) Gain from trading in stocks, bonds, capital assets, or instruments of indebted ness; (iii) Proceeds from commissions on the sale of property, goods, or services; (iv) Proceeds from fees charged for services rendered; and (v) Proceeds from rent, interest, royalty, or dividend income. (B) Gross receipts shall not include the following: (i) Sales, use, or excise taxes; (ii) Sales returns, allowances, and discounts; (iii) Interorganizational sales or transfers between or among the units of a parentsubsidiary controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(l), e* between or among the units of a brother-sister controlled group of corporations, as defined by 26 U.S.C. Section 1563(a)(2)j or between or among wholly owned partnerships or other wholly owned entities; (iv) Payments made to a subcontractor or an independent agent; and (v) Governmental and foundation grants, charitable contributions, or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute 80 percent or more of the organization's receiptsij and (vi) Proceeds from sales to customers outside the state. (3) 'Location or office' shall include any structure or vehicle where a business, profes sion, or occupation is conducted, but shall not include a temporary work site which serves a single customer or project or delivery vehicles of a business or practitioner of a profession or occupation which has a location or office. (4) 'Occupation tax' means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business and enacted by a local government as a revenue-raising ordinance or resolution. (5) 'Practitioners of professions and occupations' shall not include a practitioner who is an employee of a business, if the business pays an occupation tax. (6) 'Regulatory fees' means payments, whether designated as license fees, permit fees, or by another name, which are required by a local government as an exercise of its police power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the local government. A regulatory fee may not include an administrative fee. Regulatory fees do not include development impact fees as defined by paragraph (8) of Code Section 36-71-2 or other costs or con ditions of zoning or land development.
48-13-6.
(a) Except as to those businesses and practitioners of professions and occupations excluded by subsection (a) of Code Section 48-13-16, the governing authority of each county is authorized but not required to provide by local ordinance or resolution for the

FRIDAY, FEBRUARY 17, 1995

1003

levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with one or more locations or offices in the unincorpo rated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. The governing authority of each county is authorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practitioners. This article supersedes any provision of local law authorizing such taxes. (b) Except as to those businesses and practitioners of professions and occupations excluded by subsection (a) of Code Section 48-13-16, the governing authority of each municipal corporation is authorized but not required to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations which have one or more locations or offices within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. The governing authority of each municipal corporation is authorized to classify businesses and practitioners of professions and occupations and to assess different taxes on different classes of businesses and practitioners. This article supersedes any provision of local law or city charter authorizing such taxes. (c) After January -, 4996 the effective date of this Act, any local government shall con duct at least one public hearing before adopting any ordinance or resolution which win increase regarding the occupation tax.
48-13-7.
(a) The governing authority of each county is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those busi nesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punishment of viola tion of such a local ordinance or resolution if the business or practitioner:
(1) Has one or more employees or agents who exert substantial efforts within the unincorporated part of the county for the purpose of soliciting business or serving cus tomers or clients; or (2) Owns personal or real property which generates income and which is located in the unincorporated part of the county. (b) The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for the levy, assessment, and collection of occupation tax on those businesses and practitioners of professions and occupations with no location or office in the state in accordance with this Code section and to provide for the punish ment of violation of such a local ordinance or resolution if the business or practitioner: (1) Has one or more employees or agents who exert substantial efforts within the cor porate limits for the purpose of soliciting business or serving customers or clients; or (2) Owns personal or real property which generates income and which is located in the corporate limits. (c) This article supersedes any provisions of local law or city charter authorizing such taxes. (d) Local governments levying occupation tax according to this Code section shall com ply with Code Sections 48-13-10 through 48-13-13, except that: gross receipts of a busi ness or practitioner for purposes of this Code section shall include only those gross receipts reasonably attributable to sales or services in this state; employees shall include only those employees engaged in substantial efforts within this state; and nation-wide profitability ratios shall apply only to types of business transacted within this state. (e) Businesses and practitioners subject to this Code section shall be required to pay occupation tax to only one local government in this state, the local government for the municipal corporation or county in which the largest dollar volume of business is done or service is performed by the individual business or practitioner. (f) If a business or practitioner subject to this Code section provides to the local govern ment in this state which is authorized to levy occupation tax on such business or practi tioner proof of payment of a local business or occupation tax in another state which purports to tax the business's or practitioner's sales or services in this state, the business or practitioner shall be exempt from local occupation tax in this state.

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48-13-8.
(a) The governing authority of each county is authorized but not required to provide by local ordinance or resolution for the imposition and collection of regulatory fees on busi nesses and practitioners of professions and occupations doing business in the unincorpo rated part of the county and to provide for the punishment of violation of such a local ordinance or resolution. Classifying businesses and practitioners of professions and occu pations according to whether such businesses and practitioners have a location within the unincorporated part of the county and imposing and collecting differential regula tory fees on the basis of such a classification is prohibited. This article supersedes any provision of local law authorizing such regulatory fees. (b) The governing authority of each municipal corporation is authorized but not required to provide by local ordinance or resolution for the imposition and collection of regulatory fees on businesses and practitioners of professions and occupations doing business within the corporate limits and to provide for the punishment of violation of such a local ordinance or resolution. Classifying businesses and practitioners of profes sions and occupations according to whether such businesses and practitioners have a location within the corporate limits and imposing and collecting differential regulatory fees on the basis of such a classification is prohibited. This article supersedes any provi sion of local law or city charter authorizing such fees.
48-13-9.
(a) A local government is authorized to require a business or practitioner of a profession or occupation to pay a regulatory fee only if the local government customarily performs investigation or inspection of such businesses or practitioners of such profession or occu pation as protection of the public health, safety, or welfare or in the course of enforcing a state or local building, health, or safety code2 but no local government is authorized to use regulatory fees as a means of raising revenue for general purposes; provided that the amount of a regulatory fee shall approximate the reasonable cost of the actual regu latory activity performed by the local government. (b) Examples of businesses or practitioners of professions or occupations which may be subject to regulatory fees of local governments include, but are expressly not limited to, the following:
(1) Building and construction contractors, subcontractors, and workers; (2) Carnivals; (3) Taxicab and limousine operators; (4) Tattoo artists; (5) Stables; (6) Shooting galleries and firearm ranges; (7) Scrap metal processors; (8) Pawnbrokers; (9) Food service establishments; (10) Dealers in precious metals; (11) Firearms dealers; (12) Peddlers; (13) Parking lots; (14) Nursing and personal care homes; (15) Newspaper vending boxes; (16) Modeling agencies; (17) Massage parlors; (18) Landfills; (19) Auto and motorcycle racing; (20) Boarding houses; (21) Businesses which provide appearance bonds; (22) Boxing and wrestling promoters; (23) Hotels and motels; (24) Hypnotists; (25) Handwriting analysts; (26) Health clubs, gyms, and spas;

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(27) Fortunetellers; (28) Garbage collectors; (29) Escort services; (30) Burglar and fire alarm installers; and (31) Locksmiths. (c) Examples of businesses and practitioners of professions and occupations which local governments are not authorized to subject to regulatory fees include, but are expressly not limited to, the following: (1) Lawyers; (2) Physicians licensed under Chapter 34 of Title 43; (3) Osteopaths licensed under Chapter 34 of Title 43; (4) Chiropractors; (5) Podiatrists; (6) Dentists; (7) Optometrists; (8) Psychologists; (9) Veterinarians; (10) Landscape architects; (11) Land surveyors; (12) Practitioners of physiotherapy; (13) Public accountants; (14) Embalmers; (15) Funeral directors; (16) Civil, mechanical, hydraulic, or electrical engineers; (17) Architects; (18) Marriage and family therapists, social workers, and professional counselors; (19) Dealers of motor vehicles, as defined in paragraph (1) of Code Section 10-1-622; and (20) Any other business, profession, or occupation for which state licensure or regis tration is required by state law, unless the state law regulating such business, profes sion, or occupation specifically allows for regulation by local governments. (d) This Code section shall not be construed to repeal other general laws which allow or require regulation of businesses, occupations, or professions by local governments.
48-13-10. (a) In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall classify business ef practitioner all businesses or practitioners by the same criterion or combination of criteria. To assure uniformity, each and every business and practitioner shall be classified by the same criterion or combination of criteria. The criteria used for classification shall by be one or more than one of the following criteria:
(1) The number of employees of the business or practitioner; (2) Profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United States; e* (3) Gross receipts of the business or practitioner in combination with the profitability ratio for the type of business, profession, or occupation as measured by nation-wide averages derived from statistics, classifications, or other information published by the United States Office of Management and Budget, the United States Internal Revenue Service, or successor agencies of the United Statesij or (4) A flat fee classification which is applied uniformly to all businesses and practition ers of professions and occupations, so that each business or practitioner pays the same amount of tax for each office or location. (b) Local governments which classify businesses and practitioners by the criterion described in paragraph (3) of subsection (a) of this Code section are authorized but not required to limit the geographic area in which gross receipts shall be taxed to that local government's jurisdiction.

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(c) Local governments which classify by the criteria described in paragraph (2) or (3) of subsection (a) of this Code section shall rank the businesses and practitioners accord ing to the profitability ratio described in paragraph (2) of subsection (a) of this Code section. After such ranking, the local government shall establish profitability classifica tions which do not overlap before setting a single rate one or more rates of taxation for each classification. Such local governments are not authorized to apply to any classifica tion a rate of taxation greater than the rate applied to another classification which includes a business or practitioner with a higher profitability ratioz except that local gov ernments are authorized but not required to apply different rates of taxation within the same profitability classification by dollar range of gross receipts. Local governments using such different rates of taxation within the same profitability classification shall use the same dollar ranges of gross receipts for each profitability classification and shall not apply to any business or practitioner a rate of taxation greater than the rate applied to the same dollar range of gross receipts in another classification which includes a business or practitioner with a higher profitability ratio. (d) Local governments which classify by the criterion described in paragraph (1) of sub section (a) of this Code section are authorized but not required to adopt more than one rate of taxation per employee. W(e) The occupation tax may include an administrative fee.
{e)(f)(l) Notwithstanding any other provision of this article, local Local governments may by ordinance or resolution provide for an exemption or reduction in occupation tax or a credit against occupation tax owed to one or more types of businesses or prac titioners of occupations or professions as part of a plan for economic development or attractingj e* encouragingz or maintaining selected types of businesses or practitioners of selected occupations or professions. Such exemptions or reductions in occupation tax shall not be arbitrary or capricious. (2) Exemptions or reductions in occupation tax pursuant to paragraph (1) of this sub section may include but shall not be limited to the following:
(A) Absolute dollar amount limitations on the total amount of tax, either by crite rion or combination of criteria used for classification or for businesses and practi tioners; (B) Tax credits for the retention or creation of jobs, or for jobs of a specific descrip tion, including but not limited to entry level jobs or jobs with compensation of a specified range;
(C) Tax credits for other taxes paid to the local government, including but not lim ited to ad valorem taxes; (D) A tax exemption or a lower rate of taxation for sales to customers outside the jurisdiction of the local government; (E) A lower rate or an exemption for nonprofit organizations or for state or local authorities;
(F) A credit or rebate to businesses or practitioners who paid occupation taxes in the previous year; and
(G) A limitation on the dollar or percentage amount of increase in tax from a base year to a subsequent year, provided that the limitation is made applicable to new businesses or practitioners by imputing the gross receipts, profitability ratio, or number of employees of the subsequent year to the base year in calculating tax for the base year, tax for the subsequent year, and the increase in tax.
tfKg) Practitioners of professions and occupations who are listed in paragraphs (1) through (18) of subsection (c) of Code Section 48-13-9 shall elect as their entire occupa tion tax one of the following:
(1) The occupation tax resulting from application of the other provisions of this arti cle; or
(2) A fee to be set by the local government, not to exceed $400.00 per practitioner who is licensed to provide the service, such tax to be paid at that practitioner's office or location; provided, however, that a practitioner paying according to this paragraph shall not be required to provide information to the local government relating to the gross receipts of the business or practitioner.

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48-13-11. In determining the amount of occupation tax to be levied on an individual business or practitioner, local governments shall not use the following criteria or methods:
(1) Dividing a business into its constituent parts and imposing a separate occupation tax on each part or portion of the business, except that businesses or practitioners with more than one type of activity or product shall be taxed in accordance with Code Section 48-13-12; (2) The size or square footage of the space occupied by the business or practitioner; or (3) Any criterion other than those described in Code Section 48-13-10.
48-13-12. For businesses or practitioners with more than one type of service or product, the fol lowing classification rules shall apply:
(1) Local governments which do not use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall classify the business or practitioner for occupation tax purposes according to the dominant service or productj unless such local governments use only the criterion described in paragraph (4) of subsection (a) of Code Section 48-13-10; and (2) Local governments which use the criterion described in paragraph (3) of subsec tion (a) of Code Section 48-13-10 shall set out in their local ordinances or resolutions for occupation taxes whether the local government will:
(A) Classify the entire gross receipts by dominant service or product; or (B) Apportion the gross receipts by category of service or product in proportion to the gross receipts generated by each service or product, taxing each portion of the gross receipts according to the profitability ratio for that particular type of business and adding the tax for all portions to arrive at the total occupation tax.
48-13-13. (a) Local fa levying occupation ta*; teeal governments are not authorized to:
(1) Require a business or practitioner to pay more than one occupation tax for each office or location, except that businesses or practitioners with multiple services or products shall be taxed in accordance with Code Section 48-13-12; (2) Levy occupation tax on more than 100 percent of the total gross receipts of the business or practitioner, when occupation taxes of all local governments are added together; e* (3) Levy occupation tax on any practitioner whose office is maintained by and who is employed in practice exclusively by the United States, the state, a municipality or county of the state, or instrumentalities of the United States, the state, or a munici pality or county of the state; or (4) Require the payment of a fee by whatever name in any amount by a business or practitioner for the cost of ascertaining whether such a business or practitioner has paid occupation tax to another local government. (b) The state revenue commissioner is authorized to promulgate rules and regulations regarding administrative resolution of complaints from businesses or practitioners of professions or occupations regarding alleged violations of paragraph (2) of subsection (a) of this Code section.
48-13-14. (a) In levying occupation tax upon a business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more locations or offices in Georgia and one or more locations outside the state, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 shall allocate the gross receipts of the business or practitioner for occu pation tax purposes in accordance with one of the following methods:
(1) Where the dollar amount of gross receipts of the business or practitioner can be allocated to one or more of the locations or offices on the basis of product manufac tured in that location or office or service provided for compensation in that location

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or office, each local government is authorized to tax the gross receipts generated by the location or office within the jurisdiction of the local government; or (2) Where the dollar amount of gross receipts cannot reasonably be allocated among multiple locations or offices, the total gross receipts shall be divided by the number of locations or offices of the business or practitioner, and an equal percentage of the total gross receipts of the business or practitioner shall be allocated to each location or office. (b) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner. (c) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to any local government authorized to levy an occu pation tax upon such business or practitioner the following: (1) Financial information necessary to allocate the gross receipts of the business or practitioner; and (2) Information relating to the allocation of the business's or practitioner's gross receipts by other local governments. (d) When more than one local government levies occupation tax on a business or practi tioner which has locations encompassed by more than one local government and the local governments use different criteria for taxation in accordance with subsection (a) of Code Section 48-13-10, local governments which use the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are not authorized to tax any greater pro portion of the gross receipts than authorized by subsection (a) of this Code section, and local governments which use the number of employees as a criterion for taxation are authorized to tax the number of employees who are employed within the local government's geographic jurisdiction. In the case of an employee who works for the same business or practitioner in more than one municipal corporation or county, the munici pal corporation or county in which the employee works for the longest period of time within the calendar year shall be authorized to count the individual as an employee who is employed within the local government's geographic jurisdiction for purposes of occu pation tax.
48-13-15. (a) Except as provided in subsection (c) of this Code section, information provided to a local government by a business or practitioner of an occupation or profession for the purpose of determining the amount of occupation tax for the business or practitioner is confidential and exempt from inspection or disclosure under Article 4 of Chapter 18 of Title 50. (b) Violation of the confidentiality provision of subsection (a) of this Code section shall be unlawful and upon conviction shall be punished as a misdemeanor. (c) Information provided to a local government by a business or practitioner of an occu pation or profession for the purpose of determining the amount of occupation tax for the business or practitioner may be disclosed to the governing authority of another local government for occupation tax purposes or pursuant to court order or for the purpose of collection of occupation tax or prosecution for failure or refusal to pay occupation tax. (d) Failure or refusal to provide information requested in good faith bjy a local govern ment for the purpose of classification, assessment, or levying of occupation taxes, regula tory fees, or administrative fees or regarding the site of a location or office and taxes or fees paid to other local governments shall be unlawful and upon conviction shall be punished as a misdemeanor.
48-13-16. (a) The following businesses or practitioners shall be excluded from occupation tax, reg istration fees, or regulatory fees under the provisions of this article but shall be subject to taxation and regulation as otherwise provided by general law and municipal charters:
(1) Those businesses regulated by the Georgia Public Service Commission; (2) Those electrical service businesses organized under Chapter 3 of Title 46; and

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1009

(3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness. (b) This article shall not be construed to repeal other provisions of general law relating to local governments' occupation tax, registration fees, or regulatory fees for businesses or practitioners of professions or occupations.
48-13-17. (a) No county or municipal corporation shall levy or collect any fixed amount license, occupation, or professional tax upon real estate brokers, except at the place where any such real estate broker shall maintain a principal or branch office. The license, occupa tion, or professional tax shall permit the broker and the broker's affiliated associate bro kers and salespersons to engage in all of the brokerage activities described in Code Section 43-40-1 without further licensing or taxing other than the state licenses issued pursuant to Chapter 40 of Title 43. No additional license, occupation, or professional tax shall be required of the broker's affiliated associate brokers or salespersons; provided, however, that, subject to the limitations of subsection (b) of this Code section, a munici pality or county which levies a general occupation or business license tax on a gross receipts basis shall have the power to levy and collect an occupation, license, or profes sional tax upon real estate brokers transacting business within the boundaries of the tax ing jurisdiction, which tax shall be based upon gross receipts derived from transactions with respect to property located within the boundaries of the taxing jurisdiction. (b) A municipal corporation may impose an occupation, license, or professional tax upon real estate brokers based upon gross receipts only for real estate transactions with respect to property located within its corporate limits and a county governing authority may impose such a tax based upon gross receipts only for real estate transactions with respect to property located in the unincorporated area of the county.
48-13-18. (a) When otherwise authorized by law to levy occupation taxes on businesses, trades, and professions, a municipality shall be permitted to levy the taxes on businesses, trades, and professions which are licensed by or registered with the state. This Code sec tion shall not be construed to repeal any express limitations on such municipal authority contained in general law. (b) Nothing contained in this Code section shall be construed to authorize the municipal licensing or taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Public Service Commission of this state.
48-13-19. (a) Except as may be authorized by general law, no municipality may levy any tax upon an individual for the privilege of working within or being employed within the limits of the municipality. (b) Nothing contained in this Code section shall be construed to prohibit a municipality, when otherwise authorized, from levying any form of tax being levied by any municipal ity in this state on January 1, 1980.
48-13-20. All license fees and business, occupation, and other taxes imposed or authorized by this chapter, except as otherwise specifically provided, shall be due and payable annually on January lj or such other date specified in the local government ordinance imposing the fees and taxes. In the event that any person commences business on any date after Jan uary 1 in any year or after the date specified in the local government ordinance impos ing the fees and taxes, the tax shall be due and payable on the date of the commencement of the business.
48-13-21. (a) Should any special, occupation, or sales tax or license fee imposed by this chapter remain due and unpaid for 90 days from the due date of the tax or fee, the person liable for the tax or fee shall be subject to and shall pay a penalty of 10 percent of the tax or fee due.

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(b) Local governments are authorized to provide in their ordinances for interest on delinquent occupation taxes, regulatory fees, and administrative fees at a rate not to exceed 1.5 percent per month.
48-13-22. When any person commences business on or after July 1 in any year, the regulatory fee asA the business or occupation tax for the remaining portion of the year shall be 50 per cent of the tax imposed for the entire year, except that (1) local governments which tax according to the criterion described in paragraph (3) of subsection (a) of Code Section 48-13-10 are authorized to levy their customary rate on the gross receipts of the business or practitioner from the commencement of the business; and (2) the administrative fee authorized as a component of an occupation tax by subsection {4} (e) of Code Section 48-13-10 shall not be reduced.
48-13-23. Each person subject to any special or occupation tax who is also licensed by the state shall post the state license in a conspicuous place in the licensee's place of business and shall keep the license there at all times while the license remains valid.
48-13-24. In any provision of this chapter where population controls the amount of tax or license fee to be paid, the most recent United States decennial census shall govern.
48-13-25. When a nulla bona entry has been entered by proper authority upon an execution issued by the tax collector or tax commissioner against any person defaulting on a special tax, the person against whom the entry is made shall not be allowed or entitled to have or collect any fees or charges whatever for services rendered after the entry of the nulla bona. If, at any time after the entry of nulla bona has been made, the person against whom the execution issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees and charges due him or her as though he or she had never defaulted in the payment of the tax.
48-13-26. (a) In addition to the other remedies available to the state, counties, and municipalities for the collection of special taxes, occupation taxes, and license fees due the state, coun ties, and municipalities from persons subject to the tax or license fee who fail or refuse to pay the tax or fee, the officer charged with the collection of the tax or license fee shall issue executions against the delinquent taxpayers for the amount of the taxes or fees due when the taxes or fees become due. (b) The right of the state, counties, and municipalities to criminally prosecute persons violating the law or a county or municipal ordinance by failing to pay the special taxes, occupation taxes, or license fees or by refusing to register shall be in addition to the remedy of issuing executions against delinquent taxpayers as authorized by subsection (a) of this Code section.
48-13-27. (a) The governing authority of any county or municipal corporation which enacted an ordinance or resolution relating to occupation taxes or regulatory fees pursuant to the provisions of this article and other general law effective January 1, 1995, which ordi nance or resolution is in effect on the effective date of this Act, shall enact an ordinance or resolution in compliance with the provisions of this article, on or after the effective date of this Act. (b) Subsection (a) of this Code section shall not impair the right of any county or municipal corporation:
(1) To determine the content of such an ordinance or resolution relating to occupation taxes or regulatory fees, provided that such ordinance or resolution complies with gen eral law; and (2) To elect not to impose occupation taxes or regulatory fees."

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1011

SECTION 2. If a local government repeals, amends, or revises its ordinance or resolution relating to occupation taxes or regulatory fees during the tax year 1995, such a local government is authorized but not required to allow by ordinance or resolution businesses and practition ers of professions and occupations to pay for the tax year 1995 the lesser of:
(1) Taxes and fees computed in accordance with the ordinance or resolution which was in effect on January 1, 1995; or (2) Taxes and fees computed in accordance with the ordinance or resolution which became effective after the effective date of this Act but before January 1, 1996.
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Smith of the 109th moves to amend the Committee substitute to HB 175 as follows:
On page 15 line 33 strike the word "shall" insert in lieu thereof the word "may".
The following amendments were read and adopted:
Representatives Skipper of the 137th, Culbreth of the 132nd, Royal of the 164th and Bates of the 179th move to amend the Committee substitute to HB 175 by striking in its entirety line 31 of page 1 and inserting in lieu thereof the following:
"government; to exempt nonprofit organizations and state and local authorities; to provide for rules and regulations for".
By striking in their entirety lines 29 and 30 of page 12 and redesignating subparagraphs (F) and (G) as (E) and (F), respectively.
By striking in its entirety line 32 of page 14 and inserting in lieu thereof the following:
"municipality or county of the state;".
By striking in its entirety line 36 of page 14 and inserting in lieu thereof the following:
"paid occupation tax to another local government; or
(5) Levy any occupation tax, regulatory fee, or administrative fee on any state or local authority or nonprofit organization."
Representative Smith of the 109th moves to amend the Committee substitute to HB 175 by striking in its entirety line 12 of page 1 and inserting in lieu thereof the following:
"to authorize local governments to provide by local ordinance or resolution for requiring information regarding the site of any location or office and payment of occupation taxes or regulatory fees to other local governments; to change provisions relating to public hear ings; to".
By striking in their entirety line 32 through 34 of page 1 and inserting in lieu thereof the following:
"administrative resolution of certain complaints; to".
By striking in its entirety line 21 of page 5 and inserting in lieu thereof the following:

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"classes of businesses and practitioners. The governing authority of each county is authorized to provide by local ordinance or resolution for requiring information from businesses and practitioners of professions and occupations doing business in the unin corporated part of the county regarding the site of any location or office and payment of occupation taxes or regulatory fees to other local governments and to provide for the punishment for violation of such a local ordinance or resolution. This article".
By striking in its entirety line 38 of page 5 and inserting in lieu thereof the following:
"practitioners. The governing authority of each municipal corporation is authorized to provide by local ordinance or resolution for requiring information from businesses and practitioners of professions and occupations doing business within the corporate limits regarding the site of any location or office and payment of occupation taxes or regula tory fees to other local governments and to provide for the punishment for violation (rf such a local ordinance or resolution. This article supersedes any provision of.
By striking in their entirety lines 38 through 43 of page 16 and lines 1 and 2 of page 17 and inserting in lieu thereof the following:
"for failure or refusal to pay occupation tax."

The Committee substitute, as amended, was adopted.

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

YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon,S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Floyd Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 168, nays 0.

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1013

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

HB 684. By Representatives Trense of the 44th, Buck of the 135th, Skipper of the 137th and Towery of the 30th:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from state sales and use taxation, so as to pro vide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 113, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HR 303. By Representatives Trense of the 44th, Murphy of the 18th, Ashe of the 46th, Martin of the 47th and Baker of the 70th:
A resolution creating the Planning Committee for the Religious Community Conference on the Needs of Children.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes
Bates Y Benefield B Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush
Buck Y Buckner
Bunn E Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Floyd N Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin
James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas N Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal N Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W YSmyre Y Snelling YSnow Y Stalling*
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague YTeper Y Thomas
Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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On the adoption of the Resolution, the ayes were 160, nays 3. The Resolution, having received the requisite constitutional majority, was adopted.

HB 576. By Representatives Dobbs of the 92nd, Lane of the 146th, Barfoot of the 155th, Godbee of the 145th, Bargeron of the 120th and others:
A bill to amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the membership and organization of the State Properties Commission.

The following substitute, offered by Representative Dobbs of the 92nd, was read and adopted:

A BILL
To amend Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," so as to change the provisions relating to the mem bership and organization of the State Properties Commission; to provide for the powers and duties of the executive director of the 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. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, known as the "State Properties Code," is amended by striking in its entirety Code Section 50-16-32, relating to the creation, membership, and organization of the State Properties Commission, and inserting in lieu thereof a new Code Section 50-16-32 to read as follows:
"50-16-32.
(a) There is created within the executive branch of state government a public body which shall be known as the State Properties Commission and which shall consist of te nine members and be composed of the Governor; the Secretary ef State; the director of the Office of Treasury and Fiscal Services; the state auditor; three citizens appointed by the Speaker of the House of Representatives for terms ending on April 1 in each oddnumbered year; and three citizens appointed by the Lieutenant Governor for terms end ing on April 1 in each odd-numbered year. The term of office of the appointed members of the commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairman of the commission, the state auditor shall be its vice-chairman, and the Secretary of State director of the Office of Treasury and Fis cal Services shall be its secretary. Five members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of acqui sitions of real property, which acquisitions shall require si* five affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected, or serve on the commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is deter mined to be in either the legislative or judicial branch of government, the General Assembly declares that it would have passed this article without such ex officio position on the commission and would have reduced the quorum and vote required of the com mission on all actions accordingly.

FRIDAY, FEBRUARY 17, 1995

1015

(c) Meetings shall be held on the call of the chairman, vice-chairman, or two commis sion members whenever necessary to the performance of the duties of the commission. Minutes or transcripts shall be kept of all meetings of the commission and in the min utes or transcripts there shall be kept a record of the vote of each commission member on all questions, acquisitions, transactions, and all other matters coming before the com mission. The secretary shall give or cause to be given to each commission member, not less than three days prior to the meeting, written notice of the date, time, and place of each meeting of the commission. (d) The commission shall adopt a seal for its use and may adopt bylaws for its internal government and procedures. (e) Members of the commission who are also state officials shall receive only their traveling and other actual expenses incurred in the performance of their official duties as commission members. Citizen members shall receive the same expense allowance per day as that received by a member of the General Assembly for each day any such mem ber of the commission is in attendance at a meeting or carrying out official duties of the commission inside or outside the state, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile inside or outside the state while attending meetings or carrying out their official duties as members of the commission."
SECTION 2. Said article is further amended by striking in its entirety subsection (a) of Code Section 50-16-35, relating to the employment of personnel by the State Properties Commission, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commission is authorized to employ an executive director and such other employees, on either a full-time or part-time basis, as may be necessary to discharge the duties of the commission. The executive director shall supervise and conduct the activi ties of the commission under the commission's direction. Unless the commission or chairman otherwise directs, the executive director may execute and attest on behalf of the commission any instrument in furtherance of an activity authorized by the commis sion. Unless the commission, chairman, or secretary otherwise instructs, the executive director may report the minutes of the commission, keep and affix its seal, attest its instruments, and keep and certify its records."
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 ayes were 118, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 53. By Representatives Grindley of the 35th, Klein of the 39th and Ehrhart of the 36th:
A bill to amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide for public distribution of legislative information in electronic format.

The following Committee substitute was read and adopted:

1016

JOURNAL OF THE HOUSE,

A BILL
To amend Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, and Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to provide for public distribution of legislative information in electronic format; to provide for provision of data by the Secretary of the Senate and the Clerk of the House to the GeorgiaNet Authority; to provide for distribution by the author ity and through the PeachNet to public schools and to public libraries and their patrons; to provide for other related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 28 of the Official Code of Georgia Annotated, relating to the Secretary of the Senate and the Clerk of the House of Representatives, is amended by adding after Code Section 28-3-24 a new Code Section 28-3-24.1 to read as follows:
"28-3-24.1. (a) It is the policy of the General Assembly that legislative information concerning the activities of the General Assembly shall be made readily and widely available in elec tronic format on a timely basis. (b) The Secretary of the Senate and the Clerk of the House of Representatives shall provide legislative information in electronic format to the GeorgiaNet Authority for pur poses of public distribution as provided in Code Section 50-25-14. The information shall be provided on at least a daily basis in the most current format available. The informa tion provided shall include at a minimum: available schedules and agenda for committee meetings; available bill and resolution status information; and full text of all available prefiled and introduced versions of bills and resolutions, including amendments and sub stitutes. The information provided may include such other matters as will in the deter mination of the Secretary and the Clerk contribute to the purposes of this Code section."
SECTION 2. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by adding at its end a new Code Section 50-25-14 to read as follows:
"50-25-14. (a) The authority shall provide for the distribution in electronic format of the legislative information provided to the authority pursuant to Code Section 28-3-24.1. Such informa tion shall be made available in a dial-up bulletin board format or in such other formats as may be determined to be appropriate by the authority. (b) Such legislative information shall be provided free of charge to public schools, their students and faculty, and to public libraries and their patrons. However, the GeorgiaNet Authority is authorized to provide for and collect a charge of $250.00 per year per com puter station to cover its communication costs. When PeachNet becomes available to an individual school or library, such school or library shall have the option of connection to PeachNet and may then receive such legislative information from GeorgiaNet through PeachNet free of charge. For this purpose, 'free of charge' shall include the provision of legislative information without charge. For this purpose, 'public schools' shall include all schools operated by this state's local public school systems, all units of the University System of Georgia, and all units of the Department of Technical and Adult Education. For this purpose, 'public libraries' shall include all city, county, and regional public libraries."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

FRIDAY, FEBRUARY 17, 1995

1017

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 118, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 316. By Representatives Smith of the 175th, Smith of the 174th, Smith of the 169th, Tillman of the 173rd, Day of the 153rd and others:
A resolution urging the National Park Service to take certain actions regard ing Cumberland Island and the City of St. Marys.

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

Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush
Buck Y Buckner Y Bunn E Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Floyd
Y Godbee Y Golden Y Goodwin
Greene Y Grindley Y Hanner Y Harbin
Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
James Y Jamieson
Y Jenkins Y Johnson, G Y Johnson, J
Y Johnston Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder E Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Tillman Y Titus Towery Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Whi taker Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, February 20, 1995 and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, Feb ruary 20, 1995.

1018

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, February 20, 1995

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

Ashe Bailey Bannister Bargeron Barnard Barnea Bates Benefield
Birdsong Bostick
Breedlove Brooks, D Brooks, T Brown, G Brown, J Buck Buckner
Bunn
Burkhalter
Byrd Campbell Canty Carter Childers Coker Coleman, B Coleman, T Connell Cox Crawford Crews

Culbreth Cummings Davis, G Davis, M Day
DeLoach, B
DeLoach, G Dix Dixon, H Dixon,S Dobbs Ehihart
Epps Evans Falls Felton Floyd Godbee Golden Good win Greene Grindley Hanner Harbin Harris Hart
Heard Heckstall
Hegstrom
Hembree
Henson

Holland Howard Hudson Hugley
Irvin
James Jamieson Johnson, G Johnson,J Johnston Jones Joyce Kaye Kinnamon
Klein Ladd Lakly
Lawrence
Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall McClinton Mills Mobley, B Mobley, J

Mosley
Mueller O'Neal Parsons Pelote Perry Pinholster Polak Porter Powell Purcell, A Purcell, B
Randall
Randolph
Ray Reaves Reichert Roberts Royal Sanders Sander Scoggins Shanahan Shaw Sherrill Shipp Simpson Sinkfield Skipper Smith, C Smith, C.W

Smith, L Smith, P Smith, V Smith, W Snelling S tailings Stancil, F Stancil, S Stephenson Streat Taylor Teper Thomas Tillman Titus
Towery Trense Walker, L
Walker, R.L Wall
Watson
Watts
Westmorland White
Wiles
Williams, B
Williams, J
Williams, R
Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Poston of the 3rd, Whitaker of the 7th, Barfoot of the 155th, Parrish of the 144th, Snow of the 2nd, Bordeaux of the 151st, Yates of the 106th, Lane of the 146th, Turnquest of the 73rd, Stanley of the 50th, Jenkins of the 110th, Teague of the 58th, Lucas of the 124th, Brush of the 112th and Stanley of the 49th.
They wish to be recorded as present.

2/17/95
Mr. Clerk,
I must attend a family funeral on Monday, 2/20/95, where I will serve as a pallbearer. Please let the journal reflect my absence for this reason and excuse me from voting on Monday.
Thank you, /s/ Tommy Chambless

Prayer was offered by the Reverend Alien Sanders, Retired Minister, Macon, Georgia.

The members pledged allegiance to the flag.

MONDAY, FEBRUARY 20, 1995

1019

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

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

The Journal was confirmed.

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

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

HB 793. By Representatives Royal of the 164th, Crawford of the 129th, Cox of the 160th, Reaves of the 178th, Floyd of the 138th and others:
A bill to amend Chapter 1 of Title 44 of the Official Code of Georgia Anno tated, relating to general provisions of law relative to property so as to require the owner or the agent of the owner of any real property to provide a certain notice to the purchaser, lessee, or other person or entity purchasing, leasing, acquiring an option in, exchanging, or otherwise acquiring certain real property or any interest in certain real property.
Referred to the Committee on Judiciary.

HB 794. By Representatives Hart of the 116th, Brown of the 117th, Howard of the 118th, Taylor of the 134th, Stanley of the 49th and others:
A bill to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to public school discipline, so as to change the provision relating to definitions; to provide for permanent expul sion and readmission after explusion.
Referred to the Committee on Education.

HB 795. By Representatives Randall of the 127th, Turnquest of the 73rd, Teague of the 58th, Mobley of the 69th and Brooks of the 54th:
A bill to amend Article 1 of Chapter 7 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions concerning employment and master and servant, so as to change the provisions relating to determina tion of term of employment and manner of termination of indefinite hiring.
Referred to the Committee on Industrial Relations.

1020

JOURNAL OF THE HOUSE,

HB 796. By Representatives Heard of the 89th, Ehrhart of the 36th, Epps of the 131st, McBee of the 88th, Hugley of the 133rd and others:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Anno tated, relating to health care plans, so as to enact the "Georgia Comprehen sive Patient Protection Act".
Referred to the Committee on Insurance.

HB 797. By Representatives Culbreth of the 132nd, Buck of the 135th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions relative to motor vehicles, so as to pro vide that rental companies engaged in the business of renting private passenger motor vehicles for periods of less than 31 days shall collect a fixed rental fee on all rental agreements; to provide for the use of revenue gener ated by such rental fees.
Referred to the Committee on Industry.

HB 798. By Representatives Coleman of the 142nd, Byrd of the 170th, Buck of the 135th and Jamieson of the 22nd:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from the state sales tax, so as to provide that the exemption for sales of certain vehicles to be used by common carriers in interstate commerce shall be extended to motor carriers of property.
Referred to the Committee on Ways & Means.

HB 799. By Representatives McClinton of the 68th, McKinney of the 51st, Martin of the 47th, Sinkfield of the 57th, Orrock of the 56th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and num ber of members of the library board of trustees.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 800. By Representative Stephenson of the 25th:
A bill to amend an Act creating a new charter for the City of Dacula, so as to change the manner of filling vacancies in the office of mayor or councilmember.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 801. By Representative Stephenson of the 25th: A bill to provide a new charter for the Town of Arcade.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 802. By Representatives Stephenson of the 25th, Mobley of the 86th and Jamieson of the 22nd:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a third judge of the superior courts of the Piedmont Judicial Circuit.
Referred to the Committee on Judiciary.

MONDAY, FEBRUARY 20, 1995

1021

HB 803. By Representatives Stancil of the 16th, Pinholster of the 15th 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 change the amount of such exemption.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 804. 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 bill to amend Chapter 2 of Title 27 of the Official Code of Georgia Anno tated, relating to licenses, permits, and stamps regarding game and fish, so as to provide for the issuance of a permit from the Department of Natural Resources to certain beehive owners or agents to kill a bear which threatens to cause or has caused damage to property.
Referred to the Committee on Game, Fish & Parks.

HB 805. By Representatives Connell of the 115th and Williams of the 114th:
A bill to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten mem bers; to designate the board as the Augusta-Richmond County CommissionCouncil and the members of the board as commissioners-councilpersons.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 356. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th, Parr'sh of the 144th, Twiggs of the 8th and others:
A resolution requesting the Governor to declare May 20, 1995, as a special day in recognition and support of Georgia citizens with Parkinson's Disease.
Referred to the Committee on Rules.

HR 357. By Representative Teper of the 61st:
A resolution stating the public policy of this state with regard to the various languages spoken by the citizens.
Referred to the Committee on Rules.

HR 358. By Representatives Twiggs of the 8th and Jamieson of the 22nd:
A resolution authorizing the leasing of certain real property owned by the State of Georgia in Rabun County.
Referred to the Committee on State Institutions & Property.

HR 365. By Representatives Smith of the 174th, Towery of the 30th, Trense of the 44th, Ashe of the 46th and Williams of the 114th:
A resolution creating the Joint Privatization Review Committee.
Referred to the Committee on Rules.

1022

JOURNAL OF THE HOUSE,

HR 366. By Representatives Smith of the 174th, Towery of the 30th, Trense of the 44th, Ashe of the 46th and Williams of the 114th:
A resolution creating the House Privatization Review Committee.
Referred to the Committee on Rules.

HR 369. By Representative Buckner of the 95th:
A resolution creating the House Prevention of Driving Under the Influence by Young Drivers Study Committee.
Referred to the Committee on Rules.

HR 373. By Representatives Streat of the 167th, Shaw of the 176th, Rogers of the 20th, Purcell of the 147th, Carter of the 166th and others:
A resolution urging federal action to allow uniform scale tolerances regarding truck weights.
Referred to the Committee on Transportation.

HR 374. By Representatives Martin of the 47th, Orrock of the 56th and Hegstrom of the 66th:
A resolution directing the preparation of a report for the General Assembly on the impact of Acquired Immune Deficiency Syndrome (AIDS) and the Human Immunodeficiency Virus (HIV) on the State of Georgia and the state's health care delivery system and to make recommendations.
Referred to the Committee on Health & Ecology.

HR 376. By Representatives Greene of the 158th, Dixon of the 168th, Carter of the 166th and Dobbs of the 92nd:
A resolution authorizing the leasing of certain improved real property or por tions thereof owned by the State of Georgia in Clay County; to authorize the leasing of certain improved real property or portions thereof owned by the State of Georgia in Ware County.
Referred to the Committee on State Institutions & Property.

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

HB 769

HB 770

HB 771

HB 772

HB 773

HB 774

HB 775

HR
JIB
TTD

77fi
MO
rirjr,

HHBB 777778

HB 779

HB 780

HB 781

HB 782

HB 783

HB 784

HB 785

HB 786

HB 787

HB 788

HB 789

HR 70^

Htl
TTTJ
flD

' aU
7Q-,
/SI

H "RB 7' y09z

HR 351

HR 367

HR 368

SB 9

SB 64

MONDAY, FEBRUARY 20, 1995

1023

SB 128 SB 148 SB 157 SB 160 SB 179 SB 230 SB 271

SB 283 SB 293 SB 323 SR 102 SR 119 SR 139 SR 163

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 199 Do Pass
Respectfully submitted, M Twiggs of the 8th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 761 Do Pass HB 762 Do Pass

HB 763 Do Pass HB 764 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Smyre of the 136th District, Chairman of the Committee on University System of Georgia, submitted the following report:

Mr. Speaker:
Your Committee on University System of Georgia has had under consideration the fol lowing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 47 Do Pass
Respectfully submitted, /a/ Smyre of the 136th
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 20, 1995
Mr. Speaker and Members of the House:

1024

JOURNAL OF THE HOUSE,

The Committee on Rules has fixed the calendar for this 26th Legislative Day as enu merated below:
HB 315 Sentence circumvention; define offense HB 341 Wiretapping; pen registers or trap & trace devices; authorize HB 342 Controlled substances and dangerous drugs; amend list HB 399 Ad valorem tax; exempt certain fraternal benefit associations HB 417 Counties; bond elections; advertisement provisions HB 444 Jail officer in detention facility; training requirement HB 508 Pronouncement of death; authorize coroner or deputy HB 543 Annexation; unincorporated islands; preclearance HB 553 Local government efficiency grant program; amend provisions HB 557 Long-term care ombudsman; amend provisions HB 621 Georgia Land Sales Act; comprehensive revision HB 622 Georgia Time-Share Act; comprehensive revision
HR 232 Tattnall County; convey property HR 259 Illegal drugs; urge Congress to declare war HR 290 Federal estate taxes; urge Congress increase gross exemption HR 298 Richmond County; convey property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 761. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to authorize the City of Monroe to provide for telecommuni cations services both inside and outside the corporate limits of the city sub ject to certain laws.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 762. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the provisions relating to the establishment of the government for the City of Monroe; to provide new election districts.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 763. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act known as the "Carroll County Water Authority Act," so as to increase the permissible amount of outstanding revenue bonds.

MONDAY, FEBRUARY 20, 1995

1025

The report 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 5.
The Bill, having received the requisite constitutional majority, was passed.

HB 764. By Representative Brooks of the 103rd:
A bill to amend an Act incorporating the City of Ephesus, so as to provide that the compensation of the mayor and members of the city council shall be fixed by the city council; to provide that candidates for city council shall designate the council post they are seeking; to provide designations for city council posts.

The report 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 5.
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:

SB 241. By Senator Egan of the 40th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to provide that certain county contracts for work, labor, or services to be done or supplies, materials, or equipment to be furnished may be awarded by the board of commissioners without competition under certain conditions.

SB 105. By Senators Land of the 16th and Oliver of the 42nd:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for definitions; to provide for author ity of guardians relating to settlement of the claims of minors; to provide for the jurisdiction of probate judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.

SB 147. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapters 1 and 5 of Title 29 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to guardians and guardians of incapacitated adults, so as to prohibit the same person from being appointed counsel and guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapacitated person; to strike provisions relating to payment of a person who serves both functions for a ward, proposed ward, or allegedly incapacitated or incompetent person.

1026

JOURNAL OF THE HOUSE,

SB 154. By Senators Clay of the 37th, Burton of the 5th, Land of the 16th and oth ers:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Corrections to pro vide an Alcohol or Drug Use Risk Reduction Program; to provide that the program shall be made available to certain inmates; to provide that an inmate who was under the influence of alcohol or drugs shall not be consid ered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Program.

SB 256. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to create the Georgia Policy Council for Children and Families; to provide for a short title; to provide for findings and intent; to provide for definitions; to provide for the selection, qualifications, terms, compensation, and expenses of members of said council.

SB 279. By Senators Farrow of the 54th, Tanksley of the 32nd and Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the rendering of assistance to appellate courts by senior appellate court Justices or Judges and senior judges of superior courts; to provide for the services of such additional Justices or Judges; to provide for practices and procedures.

SB 288. By Senators Pollard of the 24th, Bowen of the 13th and Guhl of the 45th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Driver's License Act," so as to change the provisions relating to disqualification from driving a commercial motor vehicle; to provide for disqualification from driving a commercial motor vehicle based on violations of out-of-service orders.

SB 305. By Senator Hill of the 4th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Insti tutions Act of 1990," so as to change a definition; to change the organization of the Nonpublic Postsecondary Education Commission and the manner of selecting the executive director thereof; to clarify a certain reference to the executive director; to provide for legislative findings.

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

SR 131. By Senator Johnson of the 1st:
A resolution authorizing conveyance of certain state-owned real property located in Chatham County, Georgia, to Chatham County and the acceptance of certain real property owned by Chatham County located in Chatham County, Georgia, in consideration therefor.

MONDAY, FEBRUARY 20, 1995

1027

SR 137. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A resolution directing the Department of Corrections to develop a five-year plan regarding the operation of the state correctional system.

The Senate has agreed to the House substitute to the following bill of the Senate:

SB 24. By Senators Hooks of the 14th, Ray of the 19th, Ragan of the llth, Turner of the 8th and Gillis of the 20th:
A bill to amend Chapter 3 of Title 22 of the Official Code of Georgia Anno tated, relating to the exercise of the power of eminent domain for special purposes, so as to repeal the existing grant of the right of eminent domain to petroleum pipeline companies; to provide for legislative findings; to pro vide for definitions; to provide for conditions and restrictions on the use of eminent domain by petroleum pipelines.

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

SB 105. By Senators Land of the 16th and Oliver of the 42nd:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for definitions; to provide for author ity of guardians relating to settlement of the claims of minors; to provide for the jurisdiction of probate judges in appointing guardians and temporary guardians; to provide for bonds of guardians appointed by the probate court.
Referred to the Committee on Judiciary.

SB 147. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and others:
A bill to amend Chapters 1 and 5 of Title 29 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to guardians and guardians of incapacitated adults, so as to prohibit the same person from being appointed counsel and guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapacitated person; to strike provisions relating to payment of a person who serves both functions for a ward, proposed ward, or allegedly incapacitated or incompetent person.
Referred to the Committee on Judiciary.

SB 154. By Senators Clay of the 37th, Burton of the 5th, Land of the 16th and oth ers:
A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to require the Department of Corrections to pro vide an Alcohol or Drug Use Risk Reduction Program; to provide that the program shall be made available to certain inmates; to provide that an inmate who was under the influence of alcohol or drugs shall not be consid ered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Program.
Referred to the Committee on State Institutions & Property.

1028

JOURNAL OF THE HOUSE,

SB 241. By Senator Egan of the 40th:
A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to provide that certain county contracts for work, labor, or services to be done or supplies, materials, or equipment to be furnished may be awarded by the board of commissioners without competition under certain conditions.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 256. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 5 of Title 49 of the Official Code of Georgia Anno tated, relating to programs and protection for children and youth, so as to create the Georgia Policy Council for Children and Families; to provide for a short title; to provide for findings and intent; to provide for definitions; to provide for the selection, qualifications, terms, compensation, and expenses of members of said council.
Referred to the Committee on Children and Youth.

SB 279. By Senators Farrow of the 54th, Tanksley of the 32nd and Ralston of the 51st:
A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for the rendering of assistance to appellate courts by senior appellate court Justices or Judges and senior judges of superior courts; to provide for the services of such additional Justices or Judges; to provide for practices and procedures.
Referred to the Committee on Judiciary.

SB 288. By Senators Pollard of the 24th, Bowen of the 13th and Guhl of the 45th:
A bill to amend Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Driver's License Act," so as to change the provisions relating to disqualification from driving a commercial motor vehicle; to provide for disqualification from driving a commercial motor vehicle based on violations of out-of-service orders.
Referred to the Committee on Motor Vehicles.

SB 305. By Senator Hill of the 4th:
A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, the "Nonpublic Postsecondary Educational Insti tutions Act of 1990," so as to change a definition; to change the organization of the Nonpublic Postsecondary Education Commission and the manner of selecting the executive director thereof; to clarify a certain reference to the executive director; to provide for legislative findings.
Referred to the Committee on University System of Georgia.

SR 131. By Senator Johnson of the 1st:
A resolution authorizing conveyance of certain state-owned real property located in Chatham County, Georgia, to Chatham County and the acceptance of certain real property owned by Chatham County located in Chatham County, Georgia, in consideration therefor.
Referred to the Committee on State Institutions & Property.

MONDAY, FEBRUARY 20, 1995

1029

SR 137. By Senators Clay of the 37th, Edge of the 28th, Land of the 16th and others:
A resolution directing the Department of Corrections to develop a five-year plan regarding the operation of the state correctional system.
Referred to the Committee on State Institutions & Property.

Representative Woods of the 32nd withdrew his notice to instruct the Committee on Ways and Means to report HB 26 back to the House.

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

HR 298. By Representatives Williams of the 114th and Connell of the 115th:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County; to provide for the conveyance of said property back to the State of Georgia under certain conditions.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox
Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden
Good win Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Smith, W Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 153, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

1030

JOURNAL OF THE HOUSE,

HB 557. By Representatives Lucas of the 124th, Randolph of the 72nd, Davis of the 48th and Sherrill of the 62nd:
A bill to amend Article 3 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman program, so as to change the provisions relating to entry and access to records and docu ments; to change the provisions relating to interference with official duties and provide for sanctions; to change the provisions relating to immunity for liability.

The following amendment was read:

The Committee on Human Relations & Aging moves to amend HB 557 by adding at the end of line 3 of page 1 the following:
"to ombudsman training and relating".
By striking line 13 of page 1 and inserting in its place the following:
"program, is amended by striking Code Section 31-8-52, relating to establishment of the long-term care ombudsman program, and inserting in its place the following:
'31-8-52.
Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citi zens of this state, the Department of Human Resources has been required to establish and operate a long-term care ombudsman program. In order to receive such funds, the department has already established a position of state ombudsman within the state Office of Special Programs. The state ombudsman shall be under the direct supervision of the commissioner or his or her designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Code Sections 31-8-54 and 31-8-55. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department prior to certifica tion. Such training shall include an internship k a long-term eare facility of at least 14 working days in a nursing home and at least seven working days in a personal care home. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his or her duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman.'
SECTION 1.1.
Said article is further amended by striking Code Section 31-8-55,".
By striking lines 22 through 28 of page 2 and inserting in their place the following:
"representative' means an agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, administrator, or administratrix of the estate of a deceased resident.".

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

MONDAY, FEBRUARY 20, 1995

1031

Y Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron
Y Barnard
Y Barnes Bates
Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, G
N Brown, J Y Brush YBuck
Buckner N Bunn N Burkhalter
YByrd N Campbell Y Canty Y Carter E Chambless E Channell Y Childers Y Coker N Coleman, B
Coleman, T Y Connell YCox N Crawford

N Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H
Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls Y Felton
Y Floyd Y Godbee Y Golden N Goodwin
Y Greene Y Grindley
Manner Y Harbin N Harris YHart Y Heard Y Heckstall
Y Hegstrom
N Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley
N Irvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly
YLane Y Lawrence YLee Y Lewis N Lifsey
YLord Lucas
N Maddox YMann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B
Y Mobley, J
Y Mosley N Mueller Y O'Neal
Orrock

E Parham
Y Parrish Y Parsons Y Pelote Y Perry
N Pinholster
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 Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

N Smith, W Y Smyre
Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson N Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman N Titus Y Towery N Trense
Turnquest Twiggs Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmorland N Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R N Woods N Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 117, nays 46. The amendment was adopted.

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter

E Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford
Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd

Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones

Y Joyce YKaye Y Kinnamon
Y Klein YLadd N Lakly YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp

1032

JOURNAL OF THE HOUSE,

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

Y Smith, W Y Smyre Y Snelling YSnow
Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland

N Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 163, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 290. By Representatives Lewis of the 14th and Culbreth of the 132nd:
A resolution urging the Congress of the United States to increase the amount of the gross estate exemption from federal estate taxes.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G N Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B DeLoach, G
YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson,G
Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons Y Pelote
Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Simpson Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T
Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor
Teague N Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 155, nays 2. The Resolution, having received the requisite constitutional majority, was adopted.

HR 232. By Representative Barnard of the 154th:
A resolution authorizing conveyance of certain state-owned real property located in Tattnall County.

MONDAY, FEBRUARY 20, 1995

1033

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

Y Ashe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson
Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham
Y Parrish Y Parsons Y Pelote
Perry
Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 162, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

HB 621. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to the regulation of specialized land transactions, so as to comprehensively revise the "Georgia Land Sales Act"; to delete certain defi nitions; to define an additional term; to remove the Georgia Real Estate Commission as administrator of said Act.
The following Committee substitute was read:
A BILL
To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehensively revise the "Georgia Land Sales Act"; to delete certain definitions; to define an additional term; to remove the Georgia Real Estate Commission as administrator of said Act; to repeal certain provisions relating to registration statements and accompanying documents; to provide that any per son offering to sell any subdivided land shall be required to provide each prospective pur chaser a property report; to provide for the contents of property reports; to require

1034

JOURNAL OF THE HOUSE,

subdividers to make certain documents available to purchasers; to provide that property reports shall not be used for advertising except under certain conditions; to provide that where lots or parcels within a subdivision are subject to a blanket encumbrance, the devel oper shall ensure certain provisions in the blanket encumbrance evidencing subordination of the lien of holders thereof to the right of purchasers from the subdivider or provisions evidencing that the subdivider is able to secure releases from such blanket encumbrance with respect to the property; to require the subdivider to keep certain records which shall be open to inspection; to provide for property descriptions; to provide for sales contracts; to provide for amendments to property reports upon certain occurrences; to provide cer tain exemptions from the provisions relating to property reports and other documents involving the sale of subdivided land; to repeal the provisions relating to fees and expenses of the Georgia Real Estate Commission; to repeal the provisions relating to the issuance of stop orders denying registration; to repeal the provisions relating to the administration of said Act by the Georgia Real Estate Commission and the real estate commissioner; to repeal the provisions relating to investigations by the Georgia Real Estate Commission; to change the provisions relating to violations of said Act; to provide that it shall be unlawful for any person to make to any prospective purchaser any representation that any govern mental agency has passed in any way upon the truthfulness, completeness, or accuracy of a property report, upon the merits of such land, or has recommended or given approval to such land or transaction; to repeal the provisions relating to denial of application, repri mand, suspension, civil penalty, or revocation of registration; to repeal certain provisions relating to enforcement by the Georgia Real Estate Commission; to provide for enforce ment by the Attorney General or a district attorney; to provide for injunctive relief; to change the provisions relating to venue; to repeal the provisions relating to hearings and judicial review in accordance with the "Georgia Administrative Procedure Act"; to repeal the provisions relating to the authority of the Georgia Real Estate Commission to repri mand, suspend, or revoke registration or impose a civil penalty; to repeal the provisions relating to cease and desist orders; to change the provisions relating to business records required; to repeal the provisions relating to consent to service; to repeal the provisions relating to immunity of the real estate commissioner and the Georgia Real Estate Commis sion from liability and actions; to repeal the provisions relating to the effect of a certificate of the Georgia Real Estate Commission stating compliance or noncompliance with said Act and the admissibility of copies of documents; to repeal certain provisions relating to effec tive registrations under prior law, administrative orders relating to such registrations, and conditions imposed on such registrations; to repeal certain provisions relating to judicial review of administrative orders; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking in its entirety Article 1 known, as the "Georgia Land Sales Act," and inserting in lieu thereof a new Article 1 to read as fol lows:
"ARTICLE 1
44-3-1.
This article shall be known and may be cited as the 'Georgia Land Sales Act.'
44-3-2.
As used in this article, the term: (1) 'Agent' means any person who represents, or acts for or on behalf of, a developer in selling or leasing or offering to sell or lease any lot or lots in a subdivision but shall not include an attorney at law whose representation of another person consists of ren dering legal services. (2) 'Blanket encumbrance" means:

MONDAY, FEBRUARY 20, 1995

1035

(A) Any deed to secure debt, trust deed, mortgage, mechanic's lien, or any other lien or financial encumbrance securing or evidencing money debt and affecting sub divided land or affecting more than one lot or parcel of subdivided land; or (B) Any agreement affecting more than one such lot or parcel by which the subdivider holds such subdivided land under an option, contract to purchase, or trust agreement; provided, however, that taxes and assessments levied by public authority are not deemed to be encumbrances within the meaning of this definition paragraph. (3) 'Business day' means any calendar day except Sunday or any national legal public holiday. (4) 'Commission' means the Georgia R-eal Estate Commission. (4.1) 'Commiasioner' means the fel estate commissienefT WM^ 'Common promotional plan' means a plan undertaken by a single developer or a group of developers acting in concert to offer lots for sale or lease; where such land is offered for sale by such a developer or group of developers acting in concert and, where such land is contiguous or known, designated, or advertised as a common unit or by a common name, such land shall be presumed, without regard to the number of lots covered by each individual offering, as being offered for sale or lease as part of a common promotional plan. (5) 'Conspicuous statement' means a statement in boldface and conspicuous type which shall be a type size of at least ten points. Such statement shall always be shown larger than all other nonconspicuous statements in the body of the document in which it is required. (6) 'Developer' or 'subdivided or 'owner' means any person who, directly or indirectly, sells or leases, or offers to sell or lease, or advertises for sale or lease any lots in a subdivision. (7) 'Disposition' or 'dispose of means any sale, exchange, lease, assignment, award by lottery, or other transaction designed to convey an interest in a subdivision or parcel, lot, or unit thereof, if undertaken for gain or profit. (8) 'Offer' means every inducement, solicitation, or attempt to bring about a disposi tion. (9) 'Person' means an individual, firm, company, association, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unin corporated association or organization, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. (9.1) 'Property report' means a written statement given to prospective purchasers by the developer or the developer's agent disclosing such information about the subdivi sion as required by this article. (10) 'Purchaser' means a person other than a developer or lender who acquires an interest in any lot, parcel, or unit in a subdivision. (11) 'Sale' means every sale, lease, assignment, award by lottery, solicitation, or offer to do any of the foregoing concerning a subdivision, if undertaken for gain or profit. (12) 'Subdivision' or 'subdivided land' means: (A) Any contiguous land which is divided or is proposed to be divided for the pur pose of disposition into 50 or more lots, parcels, units, or interests; or (B) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or interests which are offered as a part of a common promotional plan.
44-3-3.
ST siiftii T&C uniflwiui top ftfly pci*9on TO otter top s&ie OP TO sell tiny 9u DdiVIQCQ i&nu TO any person in this state unless such tend is subject te a effective registration statement ndef this article er such tend is exempt ndf Code Section 44-3-4.
(1) The registration statement shaB contain the infefmatiett specified in paragraph (8} of this Code section and shall he accompanied by the documents specified in peaett-
tions ppovire tfiflt ftoy sucn intopznfltion or ctocuificirt need not DC inducted wiwi

1036

JOURNAL OF THE HOUSE,

or document is not necessary tft tnc puolic interest OF tor trie protection of tne purTM
er the registration and approval ef such property under the laws ef any ether state. \&)--livery registration 9tfltement riled pursuant to tnis oode section snail contain the following information:
\rr/--w itn respect to tne suDdividcri its ftaiwey street Address, foFFtt of organization, and tcicpnonc numDerj tne state OF foreign jurisdiction m wnicn ttte subdivides is organized; date ef organization; a atatcmcnt ef its authorization te de business th4s state, if- the subdividcr is a foreign corporation; the name and address of its res-

wno &re tft criflrge ot tne su&divider s s&ies tn tnis stflte j &nd ft st&tement fts to whefe the subdividcr's records are located; (B) With respect te the subdivided land: the total acreage is the subdivision as & wnoiej inciuding iflnd neid tor tuture expsnsion j tne numocr of lots, p&irceis^ OF
est pflpcci to we oiiered IOP sslej tne county flnd stftte "tfl wnicn tne iftftd tt locfltetrj tne ttftflfte of tne nesrest incorporflted townj &nd tne route &nd distflnce trout tne nearest incorporated town te the land; \OJ--w^tn respect to tne title of tne su udivided tsnui tne n&me, flddfess, ctnd tele* phone number of the record titlcholdcr; the significant tens- of any encumbrances,
tne totsi original amount, tfte Daiance owing, tne terms of payment, tne psy~out
ment ef the present merchantability ef the title; (D) With respect te ay existing er contemplated future improvements: statements
ties, sidewaiics, eiect-Picai services, telepnone connections, water supply, gas supply^ ciuonouses, goii courses, and otner recreational laciiitiesj a statement &s to wnetner
autno11ty to assure tne completion of any improvements} a statement as to wnetner

tracts nave oeen made witfi any puoiie utility for tne insta11ation ot any improveTM

promised te purchasers are included in the sales contracts; (E) The provisions ef any zoning ordinances ad rcgulationa affecting the subdi vided kd ad eaeh let er tmit thereof; (F) A statement ef aH existing taxes er asscsamcnta affecting the subdivided land;
cnasers win DC rcQuircol te pay otncr tnan tne actual purcnasc price witn interest and any taxes er assessments validly imposed by governmental authority; (H) A atatcmcnt as te whether the aubdivision has been approved ef disapproved for leans by any lending institutions er agencies; (I) The names ef the governmental authorities er private entities which witt provide police protection, fire protection, and garbage collection; and (J) The name and address ef the person whe prepared the registration statement.
fey the following documents: (A) A legal description ef subdivided land included the filing;

ters; and bus and rail transportation in the immediate vicinity and showing all tends reserved for future expansion, if any; (C) Copies ef the conveyances by which the subdividcr er owner acquired title te the land, with the copies bearing the public record book and page numbers;

MONDAY, FEBRUARY 20, 1995

1037

(D) Copies ef aH instruments presently creating liens, mortgages, encumbrances, reservations, er defects upon the se er title ef the aubdividcd tend included in the
(E) A copy ef the title insurance policy ef an attorney's title opinion for the subdi vided land, issued within 36 days ef the date ef submission ef the registration state -
(F) Copies ef deed restrictions, tf any; (G) A copy of the purchase agreement te be employed in the sales program; (H) A copy ef the deed te be employed at the sales program; (I) Statements ftem the appropriate governmental agencies approving the inatallatiej ef the improvements enumerated in subparagraph (f)) ef paragraph (3} of this
water quality control board concerning the sewage disposal facilities and siltation; \v)--A st&tement fts TO ftow streets ftnd otner puuiic pi&ces m toe su DQIviQ.ec* IQIWS are te be maintained; (K) A copy ef- any contract er franchise with a public utility company, if any; (L) A eepy ef a plat ef the subdivided tend approved by the appropriate specified governmental agency and recorded in the appropriate specified public reeerd beet and page number; (M) Copies ef any performance bonds er agreements with public authorities guaran teeing completion; (N) A copy ef the proposed property report containing the information required by paragraph {4} ef this Code section; (O) A phased development schedule fer aH improvements promised by the subdivider &nd not completed , snowing C8.cn type of improvement snd tn monTft find year ef the start ef completion; (P) A performance bond er similar item meeting the requirements ef paragraph {6} ef this Code section; (Q) A statement by the subdivider ef any additional and material facts that should be called te the attention ef the commission before the registration statement is acted upon; (R) If the state, county, er municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate ef approval er compliance fi-em the leeal governing authority stating that the subdivision is is compliance with the ftppliesDie oFQ.inQ.ncc or, tf tine st&te, county$ OF municipality tft wnicn tne suDdiviTM 8ion ts locflteu n&9 no pi&nning ctnQ zoning ofQin&nce ffi* eiicctj ft certiiiccitG or approval from the appropriate regional development center; (S) A consent te service ef process pursuant te Code Section 44-8-16; and ^~i"7--A stfttemenr of tne terms OT psyment. ^4J\AJ--DveFy pFopcFty repoFt tiled puFsuctnt TO tnis Oode section sn&ii contftin tne following information:
(i) The name and principal address ef the subdivider; (ii) The significant tens ef any encumbrances, casements, liens, and rcatrictiono, including zoning QHQ otneF Fcguifttions ftiiecting tne suodiviueQ idnd &nd escn lot ef it thereof, and a statement ef aH existing taxes er assessments which affect the subdivided tendt (iii) A statement ef the se fer which the property is offered; (iv) Information concerning all usual and necessary improvements and aH existing er contemplated future improvements which witt be made available, including, hut net limited te; ay improvements depicted er represented in advertising er other wise as beg available er completed, including streets, water supply, levees, drain-
courses, and other recreational facilities and customary utilities; (v) The estimated costs, dates ef completion, and responsibility fer construction find mftinten&nce of existing find proposed improvements wnicn &Fe peieFFeQ to m connection with the offering er disposition ef any interest in subdivided land;

1038

JOURNAL OF THE HOUSE,

(vi) Such additional information consistent with this article which the commission
spcctivc purchasers; (vii) Language, substantially similar te the following, in ten-point type en the tep two-thirds ef the front cover ef the property report!
'UNLESS YOU RECEIVED TtHS PROPERTY REPORT PRIOR TO OR AT THE TIME YOU ENTER INTO A CONTRACT YOU MAY VOID THE CONTRACT B WRITTEN NOTICE TO THE SELLER. H? YOU RECEIVED THE PROPERTY REPORT LESS THAN 48 HOURS PRIOR TO SIGNING A CONTRACT OR AGREEMENT, YOU HAVE UNTIL MffiNIGHT OP THE SEVENTH BAY FOLLOWING THE SIGNING OP SUGH CONTRACT OR AGREEMENT TO REVOKE YOUR CONTRACT B WRITTEN NOTICE TO THE SELLER.'; (.viuj--1. ii6 rOTiowm^j ifln^uLc over printed ift iifit fed type over tne iAn^uAe PCcjuiped HH envision (,4 j \"/ \viij of tnis ^ode sectiont m tne style used to m&rJK
between lines: 'PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING'; and
(ix) The following legend en the cover page i boldface print er capital type; 'THIS LAND HAS BKEN REGISTERED WITH THE GEORGIA REAL ESTATE COMMISSION. THE GEORGIA REAL ESTATE COMMISSION, BY ACCEPTING REGISTRATION, BOBS NOT IN ANY WAY ENDORSE OR RECOMMEND THE PURCHASE OP ANY OP THJg LAND.'
(B) The commission shall be informed by the subdivider ef aH material changes witn respect to su Ddividcd iftnd tnen registered IOF s&ie under tnis srticie And nsAy
accordance with paragraph {43} ef this Code section. ^oj--tR tne event tne suodividep wisnes to updste tne property report, ne mfty do se upon proper application te the commission. (D) When the subdividcr consolidates a subsequent registration with a earlier reg istration; the property repert shall be amended in accordance with subparagraph () ef paragraph (13} ef this Code section. (E) The property report shall set be used fer advertising purposes unless the repert

approved er required by the commission.
first files ee ef the following items with the commission, which item the commission in its discretion may allow te be reduced from time te time as the improvements beingbended er guaranteed are installed:
(A) A performance bond, payable te the commission and issued by a insurance er Donding compftny flutiionzcd to do ousiness tR tnis st&te &nd nsvin^j iven consent
in its discretion may require; ^D/--An ippevocsDie letter of credit IPOWI ft commepcifli DflnK of otnep tin&nci&i insti*
sien i 8ch amount as the commission in its discretion may require; er I.OJ--ft iinfinciftt stAtet&efit of tne suodivider, certiticd Dy ft ceptitied puoiic Accouft*1
development costs ef the subdivision, as verified by a contractor er engineer Approved Dy tne commission, ftnd tne suodivider snAii enter into An
development is completed er until the commission approves termination ef the agreement.

MONDAY, FEBRUARY 20, 1995

1039

(6) Where lets er parcels within a subdivision are subject te a blanket encumbrance;
{e) of this Code section, may require that ene ef the following conditions be met; (A) Such blanket encumbrance shall contain provisions evidencing the oubordina-
of those persons purchasing from the subdivider er provisions evidencing that the subdividcr is able to secure releases from such blanket encumbrance with respect to tnc propertyj or \D^-- i nc tec title to tnc suodivision t& placed tn trust under an agreement or trust acceptable to the commission until a proper release from each blanket encumbrancer
1DClUd1n fill tfiXCS, iS OOtflinCd ftfid title COntPflCted fOP IS de11VCPCd tO SUCn pUP~

be renewed annually en the anniversary date ef the issuance of the original certificate, upon payment of the required fee; (8) The fee for filing of the initial registration application shall be established by the commission. The fee for annual renewal of a certificate of registration shall be estab lished by the commiaaion. There shall be no fee charged for amendments te the initial
(0) If the commission affirmatively determines upon inquiry and- examination that the requirements of this article have been met; it shall issue a certificate ef registration rogiatcring the subdivided land and shali approve the ferm ef the property reperfe
(A) Except as otherwise provided in this Code section, the effective date of the registPfition OP flny Amendment thereto snfiil T&C tne sixtieth dfly ftltcp trie tiling of & completed application ad fee or such earlier date as the commission may dctcr-
any amendment te any such registration is filed prior to the effective date, the teg-
nryiPTlHmPTlt oi-irl fpp wprp
(B) If it appears te the commission that the application for registration or any amendment thereto is e its face incomplete or inaccurate in any material respect, the commission shall so advise the applicant prior to the date the registration wouldolftcpwisc oc eiiective. ottcft notification sns.il serve to suspend trie eireceive d&tc of the registration ntil the sixtieth day after the applicant fHes saeh additional infor mation as the commission shall require. Upon denial of a application, the applicant mfty PCcjviest ft fteftpitt Ht ficcord&nce witn Oftdptep TO of i itie DUj tnc ocorgiu Administrative Procedure Act.' (C) Applications for registration, for renewal of registration, and for any change -of information required te be filed with the commission must be en commission approved forms. If a application is submitted on a form- which is- ne lenger^ in- ase oy tne commission, tne commission mfly peQuipe tne peistpfint OP Qppncftnt to 9UDL it a new application on its latest ferm at no further east te the applicant. A regis trant er applicant for registration must supply aH information requested e any ferm submitted te the commission. The commission shall retm any incomplete application, any obaolctc application, or any application en an unapprovcd form te
incorrect application er te the last known business address of record in the eommis sion's files if the incomplete er incorrect application contains ne address. The regis trant er applicant must correct any deficiencies noted by the commission on saeh fippiicfttion witnin oH dsys of tne commission s infilling notice of tnc dcnciGncy to
days of the commiosion's mailing notice ef the deficiency, the application shall be viewed ds &ofindoncd, sny tee p&id fOPIO11cd, find tne pe^istpflnt OP cippiicflnt must submit a new application and fee in order te complete the transaction. (10) A copy ef the instruments executed in connection with the sate ef parcels withm a subdivision shall be kept available by the subdividcr and subject te inspection by the commission. The commission shall be notified of any change affecting the location of tnc pccopds.

1040

JOURNAL OF THE HOUSE,

(11) When a certificate ef- registration is granted by the commission, the aubdivider
pflor to trie execution of any binding contract OP agreement tor trie 9ale of any lot Of
execution, the purchaser may rescind the contract by written notice te the seller until inidnignt of trie seventn dsy following tne signing of 9ucn contfftct of agpeement. A
tfiis pfovi910n. /Yny 9ucn election oy tne puPenfiseP to void tne contract of ftgfeemeFit must oe mfide witnm seven dftys following tne signing of sucn contract of agfeement. Receipts taken for any publiahcd fepert shall be kept en file; subject te inspection by tne commission t for tnree years tpom tne dfite tne receipt is t&Ken. xf sucii ft PCport
sate; the purchaser may have rights cxcrcisablc under Code Section 44-3-11 in addition te the right ef rescission given in this paragraph.
sion snfill state cieftf'ty tne legal desertption of trie parcel being 9oid tne ppincip&i Dfiiftnce of puPcnsse price outstanding ftt tne d&te of tne 9files contpftct filter tun credit is given fef down payment, aftd the terms of the sales contract. \B^--Ejvefy sales contract relating to tne pupcnasc of fedi property tft ft 9uDdivision snail provide ttiQt tne pupcnasep 9nsii receive ni9 wappanty deed to tne propcPty, together with a copy of any purchase money deed te secure debt er purchase meney
tne dftte of execution of tne contffictj provided, nowevep, tnat, IR tne case of contracts te purchase dwelling units net yet completed, the warranty deed need net he delivered until ISO days after such completion. (13)(A) Any subdivision er common promotional plan properly registered ander the
fnrmpr m* AVTQI nno nf tfi ig nrtipl A 4-l^p ( {~\ttr\rff\tt T .ntiH Qfllpq A ft nf 1 OR?* qVinll hf
nas ppopepiy fimonded any registPfttioft 91atements OP property pepopt9 tiled under the former provisions ef this article, the 'Georgia Land Sales Act ef 1082.' (_D^--J. ne commission dt any ttfii'e fHdy PCQUIPC ft deveiopep of subdiVIOCP to ditef of supplement the form ef er information contained in the property report te assure that the property report adequately and accurately discloses te prospective purchas-
net be used for any promotional purposes before registration and afterwards emy
pepopt wnicn ape necessary to a99u?e its truttiluiness dud ftccupftey ftfr an times^' aiwi tnose cfiances mtust i^e tiled witn tne commission and ftpppoved oy rt pfiof to tne developer's er the developer's agents supplying the changes te prospective purchasersr (C) When a aubdividcr registers additional subdivided land te be offered for sate; he may consolidate the subsequent registration with any earner registration whieh offered subdivided land for sale under the same promotional plan, and the property repert shall be amended te include the additional subdivided land se registered. (a)(l) It shall be unlawful for any person to offer for sale or to sell any subdivided land to any person in this state unless such offering complies with this article or is exempt under Code Section 44-3-4. Any person offering to sell any subdivided land shall provide each prospective purchaser a property report containing the following: (A) Information about the subdivider to include the name, street address, form of organization, and telephone number of the subdivider; the state or foreign jurisdic tion in which the subdivider is organized and the date of organization; a statement of authorization to do business in this state, if the subdivider is a foreign corpora tion; the name and address of the subdivider's resident agent; the name and address of the person to whom correspondence concerning the subdivider should be addressed; the name, address, and telephone number of the person or persons who are in charge of the subdivider's sales in this state; and a statement indicating where the subdivider's records are located;

MONDAY, FEBRUARY 20, 1995

1041

(B) Information about the subdivided land to include the total acreage in the subdi vision as a whole, including land held for future expansion; the number of lots, par cels, or tracts included in the filing; the number of acres in the filing; the size of the smallest parcel to be offered for sale; the county and state in which the land is located; the name of the nearest incorporated town; and the route and distance from the nearest incorporated town to the land; (C) Information about the title of the subdivided land to include the name, address, and telephone number of the record titleholder; the significant terms of any encum brances, easements, liens, and restrictions; the names and addresses of any security holders; the total original amount, the balance owing, the terms of payments, the pay-out period, and any release clauses of any indebtedness affecting the title; and a statement of the present merchantability of the title;
s-(.DtLa).t.eLIm--nfe--onritm_s ao.t/fioitnhue.abc_oo--untdJ.-ia.tLni.o-y-n.-exo,rifst<ji_n_g:.o._r_c.on--teim_p-ila--ted8tefmutSuirestrimeeptsro, vreomadesn,tssetwoaigneclduidseposal facilities, sidewalks, electrical services, i___h_on_e _co_nn_e_ct_ions, water s_u_pp_ly_. gas supply, clubhouses, golf courses, and other recreational facilities; a statement as to whether any performance bonds or other obligations have been posted with any public authority to assure the completion of any improvements; a statement as to whether the county or city wherein the land lies has agreed to accept maintenance
of any improvements other than recreational facilities; a statement as to whether any contracts have been made with any public utility for the installation of any improvements; a statement as to the existence or contemplated future existence of any improvement maintenance charge; and a statement as to whether all improve
ments promised to purchasers are included in the sales contracts; (E) The provisions of any zoning ordinances and regulations affecting the subdi
vided land and each lot or unit thereof; (F) A statement of all existing taxes or assessments affecting the subdivided land; (G) The terms and conditions of sales of the subdivided land and a statement
which declares any sums which purchasers will be required to pay other than the actual purchase price, with interest, and any taxes or assessments validly imposed
by any governmental authority; (H) A statement which indicates whether the subdivision has been approved or dis
approved for loans by any lending institutions or agencies; (I) The names of the governmental authorities or private entities which will provide
police protection, fire protection, and garbage collection; (J) The name and address of the person who prepared the registration statement; (K) A statement which indicates the use for which the property is offered; (L) The estimated costs, dates of completion, and the party responsible for the con struction and maintenance of all existing and proposed improvements which are
referred to in connection with the offering or disposition of any interest in the sub
divided land including such party's name and address; (M) A conspicuous statement on the top two-thirds of the front cover of the prop
erty report which reads as follows: 'YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES
AGREEMENT WHICH YOU HAVE SIGNED WITHIN SEVEN DAYS, SUN DAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES AGREE MENT AND YOU ARE ENTITLED TO RECEIVE A REFUND. IF THIS
PROPERTY REPORT WAS NOT GIVEN TO YOU BEFORE YOU SIGNED ANY SALES AGREEMENT, YOU MAY CANCEL THE SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER
YOUR RECEIPT OF THIS PROPERTY REPORT AND YOU ARE ENTITLED TO RECEIVE A REFUND. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL A SALES AGREEMENT,
YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE CAN CELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO
(insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE ON THE DATE YOU MAIL IT.'

1042

JOURNAL OF THE HOUSE,

(N) A conspicuous statement on the bottom third of the front cover of the property report which reads as follows:
THE PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANYTHING'; (0)(i) Except as provided in division (ii) of this subparagraph, a conspicuous statement which reads as follows: THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSAC TION ON FILE IN THE SUPERIOR COURT OF THE COUNTY WHEREIN THE PROPERTY IS LOCATED.' (ii) If the subdivision is located outside the state of Georgia, then the conspicuous statement must read as follows: 'THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTORNEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSAC TION ON FILE IN THE APPROPRIATE LAND RECORDS OF THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED.' (2) Every subdivider shall make available at the project location to every for inspection thereof the following documents: (A) A legal description of the subdivided land; (B) A general map, drawn to scale, showing the total subdivided land area and its relation to the existing streets, roads, waterways, schools, churches, shopping cen ters, and bus and rail transportation in the immediate vicinity and showing all lands reserved for future expansion, if any; (C) A Copy of the conveyances by which the subdivider or owner acquired title to the land, with such copy bearing the public record book and page number; (D) A Copy of all instruments presently creating liens, mortgages, encumbrances, reservations, or defects upon the use of title of the subdivided land included in the filing; (E) A copy of the title insurance policy or an attorney's title opinion for the subdi vided land, issued within 30 days of the date of submission of the registration state ment; (F) A copy of each deed restrictions, if any; (G) A copy of the purchase agreement to be employed in the sales program; (H) A copy of the deed to be employed in the sales program; (I) Statements from the appropriate governmental agencies approving the installa tion of the improvements enumerated in subparagraph (D) of paragraph (1) of this subsection, including, but not limited to, a statement of approval from the state water quality control board concerning the sewage disposal facilities and siltation; (J) A statement which indicates how streets and other public places in the subdi vided land are to be maintained; (K) A copy of any contract or franchise with a public utility company, if any;
(L) A copy of a plat of the subdivided land approved by the appropriate specified governmental agency and recorded in the appropriate specified public record book, with such copy bearing the public record book and page number;
(M) A copy of any performance bonds or agreements with the public authorities guaranteeing completion;
(N) A phased development schedule for all improvements promised by the subdi vider and not completed, showing each type of improvement and the month and year of the start of the improvement and the proposed completion;
(O) A statement by the subdivider of any additional and material facts that should be called to the attention of the purchaser;
(P) If the county or municipality in which the subdivision is located has a planning and zoning ordinance in effect, a certificate of approval or compliance from the local governing authority stating that the subdivision is in compliance with the applicable ordinance or, if the county or municipality in which the subdivision is located has no planning and zoning ordinance in effect, a certificate of approval from the appro priate regional development center; and

MONDAY, FEBRUARY 20, 1995

1043

(Q) A statement of the terms of payment. (b) The purchaser shall be informed by the subdivider of all material changes with respect to the subdivided land. (c) The subdivider must update the property report whenever any material change occurs. (d) The property report shall not be used for advertising j ses unless the report is used in its entirety. No portion of the report shall be unde____t _____t __ ,____.._ in larger or heavier type than the balance of the report unless specifically required by law or by this article or such emphasis is intended to call to a prospective purchaser's attention some risk or warning not otherwise readily observable.
(e) Where lots or parcels within a subdivision are subject to a blanket encumbrance, the developer shall ensure that such blanket encumbrance contains provisions evidencing the subordination of the lien of the holder or holders of the blanket encumbrance to the rights of those persons purchasing from the subdivider or provisions evidencing that the subdivider is able to secure releases from such blanket encumbrance with respect to the property. (f) A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available by the subdivider and subject to inspection by the purchaser for a period of three years. The purchaser shall be notified of any change affecting the location of the records.
(g)(l) The subdivider shall cause a copy of the property report to be given to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least 48 hours prior to such execution, the purchaser may rescind the contract by written
notice to the seller until midnight of the seventh day, Sundays and holidays excepted, following the signing of such contract or agreement. A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such elec tion by the purchaser to void the contract or agreement must be made within seven
days, Sundays and holidays excepted, following the signing of such contract or agree ment. Receipts taken for any published report shall be kept on file for three years from the date the receipt is taken. If such a report is never given prior to or after
the execution of any binding contract or agreement for sale, the purchaser may have rights exercisable under Code Section 44-3-8 in addition to the right of rescission
given in this paragraph. (2) The receipt in duplicate required by this subsection must be signed by the pur
chaser upon receipt of a property report and must contain the following language: I hereby acknowledge that I have received the property report of (insert name of subdivision) on (insert date) at (time). If I receive the property report less than 48 hours prior to signing any contract or agreement, I understand that my right to can
cel that contract or agreement is midnight of the seventh day, Sundays and holidays excepted, following the signing of such contract or agreement. I understand that I must notify the developer or the develop's agent in writing within the cancellation period of my intent to cancel by sending notice by certified mail, return receipt
requested, to (insert name and address of developer or developer's agent). Notice will be effective on the date that it is mailed. (h)(l) Every sales contract relating to the purchase of real property in a subdivision
shall state clearly the legal description of the parcel being sold, the principal balance of the purchase price which is outstanding at the date of the sales contract after full credit has been given for the down payment, and the terms of the sales contract.
(2) Every sales contract relating to the purchase of real property in a subdivision shall provide that the purchaser shall receive a warranty deed to the property together with a copy of any purchase money deed to secure debt or purchase money mortgage as may be specified in the sales contract within not more than 180 days from the date
of execution of the contract; provided, however, that, in the case of contracts to pur chase dwelling units not yet completed, the warranty deed need not be delivered until
180 days after such completion. (i) The developer must make any changes in the property report which are necessary
to assure its truthfulness and accuracy at all times.

1044

JOURNAL OF THE HOUSE,

0) When a subdivider offers additional subdivided land for sale, the subdivider shall amend the property report to include the additional subdivided land.
44-3-4.
Unless the method of sale is adopted for the purpose of evasion of this article or of the federal Interstate Land Sales Full Disclosure Act, the provisions of Code Section 44-3-3 shall not apply to offers or dispositions in an interest in land:
(1) By a purchaser of any subdivision, lot, parcel, or unit thereof for his or her own account in a single or isolated transaction; (2) On which there is a commercial or industrial building, condominium, shopping center, house, or apartment house; or as to which there is a contractual obligation on the part of the subdivider to construct such a building within two years from date of disposition; or the sale or lease of which land is restricted by zoning ordinance, cove nant, or other legally enforceable means to commercial or nonresidential purposes; or the sale or lease of which land is pursuant to a plan of development for commercial or nonresidential purposes; (3) As cemetery lots or interests; (4) Where the plan of sale for a subdivision is to dispose of all the interests to ten or fewer persons; (5) Where each lot, parcel, or unit being offered or disposed of in any subdivision is five acres or more in size; (6) To any person who is engaged in the business of the construction of residential, commercial, or industrial buildings for disposition; (7) Where at least 95 percent of the lots or parcels of such subdivision are to be sold or leased only to persons who acquire such lots or parcels for the purpose of engaging in the business of constructing residences; (8) Made pursuant to the order of any court of this state; (9) Made by or to any government or government agency; (10) Made as evidence of indebtedness secured by way of any deed to secure debt, mortgage, or deed of trust of real estate; (11) As securities or units of interest issued by an investment trust regulated under the laws of the State of Georgia; (12) Registered under the provisions of the federal Interstate Land Sales Full Disclo sure Act;; provided that the commission has received prior te such offer er disposition!
f\\ A certificate of filing from the secretary of the Department of Housing ftfid Urban Development; (B) A consent te service ef process m accordance with Code Section 44-3-16; (C) A copy ef any property report te be used in connection with the offer or dispo-
(8}-A filing fee as established by the commission; (E) Satisfactory compliance with th performance bend provisions ef paragraph {6} ef Cede Section 44-3-3; awl (F) Other saeh documents er information as the commission, by rate er regulation, may require; (13) Of lots, parcels, or units contained in a recorded subdivision plat, if all of the following conditions exist: (A) Each lot, parcel, or unit is situated on an existing paved and dedicated road or street constructed to the specifications of the board of county commissioners of the county or the governing body of the municipality, which board or governing body has voluntarily agreed to accept such road or street for maintenance and, if a wait ing period is required, adequate assurances have been established with the county or municipality; (B) The subdivision has drainage structures and fill necessary to prevent flooding, which structures and fill have been approved by the board of county commissioners of the county or the governing body of the municipality; (C) Electric power is available at or near each lot, parcel, or unit; (D) Domestic water supply and sanitary sewage disposal meeting the requirements of the applicable governmental authority are available at or near each lot, parcel, or unit;

MONDAY, FEBRUARY 20, 1995

1045

(E) The subdivide! is at all times prepared to convey title to the purchaser by gen eral warranty deed unencumbered by any mortgages, deeds to secure debt, or other liens; and (F) All promised improvements and amenities are complete; (14) Of lots, parcels, or units contained in a subdivision plat that has been accepted by the board of county commissioners and properly recorded where: (A) Each lot, parcel, or unit is situated on a road dedicated or approved by the board of county commissioners and arrangements acceptable to the commission have been made for the permanent maintenance of such roads; (B) All promised improvements and amenities are complete; (C) The promotional plan of sale is directed only to bona fide residents of this state whose primary residence is or will be located in the county in which the lots are platted of record; (D) The method of sale is by cash or deed and first mortgage or deed to secure debt with all funds escrowed in this state prior to closing. Closing shall occur within 180 days after execution of the contract for purchase, at which time the purchaser shall receive a general warranty deed unencumbered by any mortgages or other liens except the mortgage or deed to secure debt given by the purchaser; and (E) The purchaser has inspected the property to be purchased prior to the execu tion of the purchase contract and has so certified in writing; (15)(A) The commission shall create fey rate a limited offering transaction exemption that wiH fee applicable for the sate ef Where not more than 150 lots, parcels, units, or interest. Except as otherwise provided, any such rate sfeatt require that the commissien receive prior te any such sate; interests are offered for sale; or
sets forth the information required fey the ratej (ii) A filing fee as established by the commission;
44-3-16 which has been executed by the applicant; and (iv) 8ueh information and proof ef financial responsibility as the commission mey by rate er regulation require. \oji nc commission snail issue to tnc person who executed tnc notice el intention te seH a certificate which shall state the compliance er noncompliancc with the fil ing requirements ef this Code section. (C) If any sate is te be made pursuant te this exemption mere than 13 months after
action snail require tnc applicant te pay a renewal ice as cstaDlisncd Dy tne commis sion. The applicant shall fee required te comply with this renewal requirement every-
the commission shall issue a certificate which shall be signed and seated- and whichshall state the compliance er noncompliance with the renewal requirements ef this Code section; er (16) Where no representations, promises, or agreements are made that any improve ments or amenities will be provided in the property by the subdivider but rather that any improvements or amenities will be furnished by the purchaser.
tA tA UQ tA. 1It
T-he commission shall establish reasonable fees for registration; on-site inspection and application investigation, if- necessary; and annual renewal fees for- subdivisions and comea promotional plans required te be ftted ander this article. T-he commission is autho-
P126Q T 63tQDl191) LflPOU^fl 1S8 FUl6~fft8.KlIl ftUtnOFlty lilC flIYlOUnt Or ftny I CCS WfllCfl tt IS

flDlC find. Sn&ll DC detPK11HCQ iR SUCll ft DlflnnCF tilfit tne tOtftl QHlOUttt Or IOCS Cntf6d
find collected Dy tnc comIBission sftftH tipproxiniftt/c trie tot/si of direct ctnu indirect costs te the state ef the enforcement ef this article. ;Fhe commission shati consider the casts incurred te regulate tnc activities et cacn category et registrants in cstauiisning tncir respective fees. The expenses ef the commission must always fee kept within the income collected and deposited in accordance with this article and the expenses thereof shall net

1046

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i&e supportcct or paid from any otner state fund. INO tees or portion ot a toe rccjuired this article which is paid: to the commiaaion shall be refunded.
tA tA oq up..
(a) The commiaaion may iaauc a step order denying cffcctivcncaa to; er a ua pending er revoking the cffcctivcncaa of; any registration and shall give notice ef such issuance par-
("!oHp Sppfinn ^ ^ _q i q i it firtrlq tl*mt f Wa nrHpr jq I** ttip rmhlff intprpgt nnH

vt/-- 1 tie registration statcment as of its effective d&t6j of as OT sny Bftpucp u&ie tft tne ease of an order denying cffcctivcncaa, contains a untrue statement ef a material feet of omits vO 9tfltc ft mstcpifll iflct rcQUifeu to DC stfltcci inefein Of ncccssflpy to iH&Ke the atatcmcnta therein et misleading;
ftft untrue atfltement ot ft mfttef10.1 isct of onilis TO 9L&te ft mftterifli tsct PCQUIPCQ to be atatcd therein of ncccaaary to make the atatcmcnta therein ot misleading;
urider tiiis ftptide ftss Dccn wiiiiuiiy violated tft connection witii tne oiiepin^ Dy i.A/ the person filing the rcgiatration statement, or {B) the aubdividcr; any partner, exccutive officer, er director ef the aubdividcr; or any person occupying a similar status e*
similar functions, out only tt tne person tiling tne pegiatratiort at&tennenr is directly of indirectly controlled fey of acting for the aubdividcr;
operfite; of

estate licenses if- required fey applicable statutes. (b) The commission may by order summarily postpone or suspend the effectiveness efthe registration statement pending final determination ef- any proceeding ander this \jode acctioiir Upon entry ot tne ofder^ tne commiaaion snftn promptly nocHy( oy teieTM phone or telegraph, the subdividcr that the order has been entered, of the reasons there-
set down lor ne&rmg. it no tieftrmg is rec[ucsted and none ts ordered oy tne commissiori, tne order WHI remam tft ciiect until rt ts moditied of vacated Dy tne commission, xr &
ing te the aubdivider, may modify or vacate the order e* extend it until final determinetion.
of subsection {b) of this Code section, shaH become effective until and -unless the com mission has complied with the provisions of Code Section 44 3-13. \Q.)-- l. tie commission may vflcflte of modiiy ft stop order ft rt finds tnat tne cond111ons wnicn prompted its entry nave cnftnged or tn&t rt t9 otnerwise "ffi trie puDiie interest TO do so.
tA*At oQ ofi.
(a) The administration of the provisions of- this article shall be vested in the commission and the real estate commissioner as delegated by the commission. !Fhe commission shall nave tne tuti power to regulate tne registration ot any su Ddiviaion of common promoTM tional plan and te revoke, impose a eivH penalty, suspend, or reprimand the registration ot same? \o)-- i. ne commission anan ftave tne autnority to administer oatns IR and TO prescriDe forms for aH matters arising under this article. The commission shall cooperate with the administrators ot tne land sales iawa ot other states and ot Tne united otates witii & view te aaaisting those administrators in the enforcement ef theif land sates laws nd te achieving maximum uniformity in the interpretation of- like provisions ef the laws administered by them and the forms which are required te be filed ander seh laws. (c) The commission shall have authority te employ investigators, examiners, clerks, stenographers, and other employees as the administration ef -that portion of- this article vested in it may require.

MONDAY, FEBRUARY 20, 1995

1047

(d) The commission shall have the power te make, adopt, amend, and repeal sweh rates and regulations from time te time as it may deem necessary and proper for the cnforcement of this article. Stieh rules and regulations shaH fee adopted, promulgated, and een-
4l.irlQJlf>rUfUJ OnBa rl)iLr\m JVr1iUflIrfUl TinH PkJ.VllUin^JnUtUrrl T1 9a AtTt T.1^1Ltl1oG UEAU.
(e) The members el the commission and any person employed by the commission shall be paid in addition te their regular compensation the transportation fare, board, lodging, and otnep ltdVGIing expenses necessary and actually incurred Dy trieID tti trie pertown anee of their duties trader this article. (f) The commiaaion shall delegate such ef its powers and duties under this article te the pcai estate commissioner as rt desires. (g) The commission is authorized te participate in the program ef Certification of Sub stantially Equivalent State feaw pursuant te the federal Interstate Land Sales Ftrit Biscloaurc Act if it deems participation te be in the public interest of the State ef- Georgia.
44-3-7
(a) The commission, at its discretion;
deems neccssapy to determine wnetnep any person n&s violated OP is about to vioiflte
aid in the enforcement of this article or in the prescribing ef rules and regulations
(2) May connection with any application or exemption make an on-sitc inspection ef a subdivision;
exempted ander this article; \TCT--Jvifly rctjuifc OP permit flny person to tile ft 91fltcnnent IR writing, undep ofltn or otherwise as the commission determines, as te oH the facts and circumstances concerniii tfte Miflttcr to oe inves11^ftted j (6) May require an applicant for registration te submit reports prepared by competent engineers as te any hazard te which, m the opinion ef- the commission, any subdivision oiicrcQ rOf sftie m tnis stste is subject of ds to flny IQCIOF wnicii ftitects tne utility of lets er parccla within the subdivision; and (6) May publish information concerning any violation ef this article er any rule, regu lation, er erder trader this article.
ttte commis&ion snflii hflve tne power to fldintinistep ofltns, to c&ii sny pflpty to testify trader eath at such investigations, te require the attendance ef witnesses, the production ef books, rccorda, and papers, and te take the depositions ef witnesses; and fer streh pur poses the real estate commissioner er chairperson ef the commission is authorized te issue ft suDpocnfl tor flny witness or d suopocnfl or notice to produce evidence to compel the production ef any books, records, er papers. Said subpoenas may fee served fey ertttied Biftirj return receipt PCQUestedf to tne flddressee s business m&iiin sddress OP oy investigators appointed by the commission.
te any person, a superior eeart ef appropriate jurisdiction upon application fey the eem-
court te shew cause why that person should net be held in contempt fer refusal te ebey tne subpocncu F fliiure to obey d subpoenfl m&y H&e punisned by tne court fts contempt
(_d^\i/--J. ne commission m&y^ witn tne flpppovsi ot tfte i\11opney vjenepflij issue to flny person whe has feeen er may fee catted te a hearing er ether proceeding trader this arti-
mdtion wiiien tnflt person Fetuses to ive OP provide on tne b&sis ot tnst person s privilege against self incrimination. Sueh opder sftati be issued only if the- commission q-pii finA that:
^/\j--1 ne tes11mony OP otnep intopmfttion tpom sucn individual may be tR tne public HItepest} and

1048

JOURNAL OF THE HOUSE,

(157--OUCh IhdlVldUdl tlftS PCIUSCd Of IS llitGiy tO FetUSe tO tG9tlty OF pPOVKle O*llCr
information e the basis of that individual's privilege against self incrimination. (2) Whenever any witness refuses, en the basis ef that witness's privilege against setfincriminatieft; te testify er provide other information at any hearing er ether proceeding under this flPticle, find trie person presiding over trie proceeding delivers to trie witness a written order issued wnder paragraph ft) of- this subsection, the witness may
scli"incPiminitionj out no testimony of other miopmfttion compeiled under trie order as te which the witness could validly assert that witness's privilege against sclf-incrimination er any information directly er indirectly derived rem such testimony er ether iiiiOPmstion mfly fee used ft^&mst trie witness tft ftny cfimmfti cftse except ft prosccuTM
te this article, er otherwise failing te comply with the erderv (c) In addition te any other hearings and investigations which the commission is authorized er required by this article te hold, the commission is a4se authorized te hold inveatigfltive heftpins on its own motion with respect to flny mflttep under tins ftrticie. Aft investigative hearing as provided for this article may be conducted by any perseft des ignated by the commission for that purpose and may, bat need net bey transcribed by the commission or toy flny otrier interested pflrty. INO lormftT fiction mdy oe^ t&Ken1 fts~ ft
dccma appropriate, based en the information developed in the hearing and en any ether information which it may have.
44-3-5 44-3-8.
(a) It shall be unlawful for any person: (1) To offer to sell or to sell any subdivided land in violation of Code Section 44-3-8 er any rate; regulation, er erder promulgated by the commission ander any provision of this article; (2) To offer to sell or to sell any subdivided land by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made in the light of the circumstances under which they are made not misleading, the purchaser not knowing of the untruth or omission, if such person shall not sustain the burden of proof that such person did not know and, in the exercise of reasonable care, could not have known of the untruth or omis sion; or (3) To offer to sell or to sell any subdivided land registered ander Code Section 44-8-8 by means of any property report except a property report which complies with paragraph {4) ef Code Section 44-3-3 this article unless the offer of disposition of an interest in land is exempt from the provisions of Code Section 44-3-3 pursuant to Code Section 44-3-4.
(b) It shall be unlawful for any person te make te any prospective purchaser any Teprescntation that the filing er effectiveness ef a registration statement, the registration ef any subdivided land under Code Section 44-3 '3, er the existence ef- asy exemption fer ftny iftnd meftfis tndi the commission R&S pflssed tn ftny w&y upon tne truth, conipictonesSj or &CCUP&cy or such rei91pQtion sto.tement, upon the merits of such icind, of hfls recommended er given approval te seh tend er transaction. (b) It shall be unlawful for any person to make to any prospective purchaser any repre sentation that any federal, state, county, or municipal agency, board, or commission has passed judgment in any way upon the truthfulness, completeness, or accuracy of a prop erty report or upon the merits of such land, or has recommended or given approval to such land or transaction. (c) It shall be unlawful for any person knowingly to cause to be made, in any document filed with the commission er in any proceeding used under this article, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect. (d) It shall be unlawful for any person in connection with the offer, sale, or purchase of any subdivided land, directly or indirectly:
(1) To employ any device, scheme, or artifice to defraud; or

MONDAY, FEBRUARY 20, 1995

1049

(2) To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
44 q q i
The commission may deny any application for- registration er- reprimand, ouapcnd,

trant er applicant, its officers, directors, or principals: \tj fo not Deflp 8 ood reputfltion top nonestyj trustwoPtniness, intc^jnty, &nd compe~ tcncc and; where the developer is a corporation er- partnership, enly if- the otockholders of pSPtnePS wno ftflvc ft controlling interest therein do not Deflp fl ood PCputfl11on fer honesty, trustworthiness, and integrity; (2) Submit an incomplete application for registration required Code Section 44-3-3 OP nftve mftdc ft tflise stfltement of mflterifll iflct on trie &ppiicfltion or cflused to TJC submitted ef by being a party te preparing er submitting ny falsified application te the commission; (07---H-flvc DCen convicted of OP nflve ndd cpimindl pen&itles imposed fts ft result "Or & ptea ef nele contcndcrc te charges ef any erkne involving tend dispositions, any crime of mopdx tUPpitUQC) flny telonvj sny violfttion ot securities rawSj ftny ip&uduient DUSITM ness ftc11vi1109, OP flny reQuipement of tnis dFticle OP ftny simiicip iflws ot tne united
ef administrative erder within the past ten years restraining a false or misleading pfemotional pkm involving ay ef th activities above;
license; (6) Do net ew th subdivision er common promotional plan; (6) Have been involved with any time-share program, subdivision, er common promo tional plan whose registration has been disciplined by a regulatory agency i this- state er aay other state; er

44-3-6 44-3-Q. \&)--w nenever rt flppcsrs to tne conrmission, eitner upon compiflint OP otnepwise} tnflt Qny person ns.s en^&^ed in } is en^&^in^ in, OP is fluout to cngogc m flny net, prflcticCj er transaction which is prohibited fey this article er by any rule, regulation, er erdei ef tne comnilssion ppomuiflted OP issued pupsusnt to ftny oode sectiont tn6 comnwssion
(1) Issue an order, if the commission deems it te be appropriate in th public interest er for th protection ef purchasers, prohibiting seh persons frem continuing such aety
in Gede'Section 44-3-13; (2) Apply te any superior court ef competent jurisdiction in this state fer an injunc-
&nd dipectops ipom continuing sucn set, pp&ctice, of tpflnsflction OP doin flny flcts ift lUPtnepflnce tnepeoi flnd IOP tne sppointment ot ft receiver OP sn ftuctitor find sucn other and further relief as the facts may warrant; er \o)--J. p&nsmit sucn evidence fts m&y oe flvfliiflbie concerning sucn set, pp&cticeT or tPCtnsflction to flny district flttopney OP to tne Attopncy ueneKti, wfto msy ftt tnflt person's discretion institute tne necessary criminal proceedings. (a) Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging iiij or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or the Attorney General, or both, may in their discretion apply to any court of competent jurisdiction in this state including the Superior Court of Fulton County for an injuction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or from doing

1050

JOURNAL OF THE HOUSE,

any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant. (b) In any proceedings for an injunction, the commission district attorney or the Attor ney General may apply for and be entitled to have issued the court's subpoena requir ing:
(1) The immediate appearance of any defendant and that defendant's agents, employ ees, partners, officers, or directors; and (2) The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction. (c) Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant.
both may apply f-e* and be entitled te have issued the court's subpoena requiring; (1) The appearance forthwith f any defendant <w that defendant's agents, employcca,
\EJ-- I lie production of suet) documents , DOOKS, flnd records tts infly flppcQF necess0ny f-e* the prosecution ef- such criminal procccdinga. (d) Any owner or subdividcr wne fails te pay; when due; the registration and inspection ices stflted oy tins flrticie sod continues to sen or otters TO sen suDd4vided iftnd 9rto.il
treble the unpaid feesr
44-3-7 44-3-M. (a) Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both. (b) Any person who shall willfully violate paragraph (2) of subsection (a) of Code Sec tion 44-3-8 44-3-5 or subsection (d) of Code Section 44-3-8 44-3-5 shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one and not more than five years, or both. (c) Nothing in this article shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law. (d) Nothing in this article shall be deemed to prohibit the administrator appointed under Part 2 of Article 15 of Chapter 1 of Title 10 from exercising any powers under Part 2 of Article 15 of Chapter 1 of Title 10 against any person.
44-3-8 44-3 11. (a) Any person who violates any provision of Code Section 44 3'8 44-3-5 shall be liable to the person buying such land. Such buyer may bring an action in any court of compe tent jurisdiction to recover damages, even if that buyer no longer owns the land, or, upon tender of the land at any time before entry of judgment, to recover the considera tion paid, or the fair value thereof at the time the consideration was paid if such consid eration was not paid in cash, for the land with interest thereon at the rate of 7 percent per annum from the date of payment down to the date of repayment, together with all taxable court costs and reasonable attorney's fees. (b) Every person who directly or indirectly controls a person liable under subsection (a) of this Code section, every general partner, executive officer, or director of such person liable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every person who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under subsection (a) of this Code section unless the person whose liability arises under the provisions of this subsection sustains the burden of proof that such person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable.

MONDAY, FEBRUARY 20, 1995

1051

(c) No person may bring an action under this Code section more than two years from the date of the contract for sale or sale if there is no contract for sale. (d) Every cause of action under this article survives the death of any person who might have been a plaintiff or defendant. (e) Nothing in this article shall limit any statutory or common-law right of any person in any court for any act involving the sale of land. (f) The owner, publisher, licensee, or operator of any newspaper, magazine, visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, publisher, licensee, or operator of such a newspaper, magazine, station or network of stations shall not be liable under this article for any advertising of any subdivision, lot, parcel, or unit in any subdivision carried in any such newspaper or mag azine or by any such visual or sound radio broadcasting station or network of stations, nor shall any of them be liable under this article for the contents of any such advertise ment, unless the owner, publisher, licensee, or operator has actual knowledge of the fal sity thereof."
44.3.9 44-3-12.
Except as provided in Code Section 44-3-6, for Fer the purposes of venue for any civil or criminal action under this article, any violation of this article or of any rule, regula tion, or order promulgated under this article shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the article, in the county of any violator's principal place of business, and in any county in which any violator had control or possession of any proceeds of said viola tion or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
AA Q 1Q VflJ J.O.

person named m tnc order fts a party a notice of opportunity tot hearing. Alter talcing any action pursuant te Code Section 44-3'8.1, the commission shall promptly provide te each subdividcr or other persen directly affected thereby a notice ef opportunity (or nectrin^. iNot/iccs under tnis t/octe section snail contdin tnc information find i&e trans* mittcd as required by Code Section 60-13-13 and hearings upon decisions ef- the comrnis-
procedures estaDiisned tor contested cases oy onapter TO of i itie ou, tttc oeor^ia Administrative Procedure Act*
A ttit m PO 1J.QO. 11.
5^6 commission may reprimand, suspend, er reveke the registration ef any subdivision or common promotional plan or impose civil penalty net te exceed $10,000.00 if- the developer er the developer's agent has been found guilty of a violation ef- any of the previsions ef this article er the rules and regulations ef -the commission promulgated pursu-

\d/-- A ne commission nifty, upon its own motion, and snail, upon tfte sworn request ef any person, investigate any subdivision er common promotional plan required te he registered ander this article. Any persen authorized te conduct an investigation en behalf ef the commission shall have access te and may examine any writings, documents, of otner materlai wnicn may oe related TO an invets*ifttion mad upon tfte order of tne commission. In the conduct ef an authorized investigation, the commissienef er chairpersen ef the commission may issue subpoenas te compel saeh production ef saeh writings, documents j or material eitner on ocnaii OT tne commission orr alter tne service of a* notice ef hearing, at the request ef a respondent. !Fhe commission er the respondent may apply te the superior eeart ef- the county in which a persen disobeying a subpoena resides fer an erder requiring compliance. Failure te comply with sch an erdef shall be

1052

JOURNAL OF THE HOUSE,

commissioner ad the records el such investigations shall fee kept fey the commission, find no pftrt ot flny inves11ftiive recorci 3fio.ii DG FCieftseu tor flny purpose otiicr tficm ft hearing before the commission er its designated hearing officer, a review by th rcspondent of tne respondent s iefli counsel filter trie service of ft notice of ne&nn^ ft PCVICW by tne commission 9 le^fti counsel, ft review oy dnotftef governmentfll fluency, OP ft& appeal ef a decision by the commission te a court ef competent jurisdiction. After ser-
tigativc record pertaining te the respondent.
l. nc commission may issue a cease and desist order n st developer nas tailed ce register a subdivision er common promotional plan as required by this article.
44-3-10 44-3-44. Any developer or its agents shall keep among its business records and make reasonably available for examination te the commission er its authorized agents to a purchaser or the purchaser's agent the following:
(1) A copy of each item required te be submitted te the commission en the applicatie for registration as provided in Code Section 44-3-3; and (2) A copy of the sales agreement from each sale relating to the purchase of real prop erty in a subdivision.
AA n ic
Where a consent te service ef process is required ader this article, saeh consent te ser vice of- process shall fee in the form prescribed by the commission, shall fee irrevocable, aad shall provide that actions arising eat ef-er founded upon the sale ef any subdivided
consent fa aay court ef- competent jurisdiction and proper venue within this state by theservice ot process of piefiuin^s upon trie commission, oervice or ftny sucn process o?
the commission shall, if made OH the commission, fee fey duplicate copies, ene ef which
er pleadings are directed at that person's latest address en f-ite in th office ef the com-
44-3-11 44-3-46. Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives:
(1) Compliance with any provision of this article or of the rules and regulations promulgated under this article; (2) Any rights provided by this article or by the rules and regulations promulgated under this article; or (3) Any defenses arising under this article or under the rules and regulations promul gated under this article shall be void.
A A q i *?
Per any action taken er any proceeding had ander the provisions ef this article er ander
and actions te the same extent that any judge ef any court ef general jurisdiction m this state would be immune.
44-3-12 44-3-M. {a) In any action, civil or criminal, where a defense is based upon any exemption pro vided for in this article, the burden of proving the existence of such exemption shall be upon the party raising such defense.
stating compliance er noncompliancc with the provisions ef this articte shall constitute

MONDAY, FEBRUARY 20, 1995

1053

prima-facic evidence ef- such compliance or noncompliance with the provisions ef- thfe article a*e< shall be admissible m any such action. (c) In any action, civil ef criminal, copies, photostatic er otherwise, certified by the com mission, ef any documents filed in its office and ef any ef its records shall be admissible with the same effect as the original ef such documents r records wmrid have tf actually

44-3-13 44-3-19. {a) Prior law exclusively governs all actions, prosecutions, or proceedings which are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1000 1995, except that no civil actions may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, within two years of July 1, 1000 1995. (b) All effective registrations nder prior law; aH administrative erders relating te seh registrations, ad aH conditions imposed upon such registrations remain m effect se tengas they would have remained m effect if- this article had net been enacted. They are een-
prior iflw. txcncwflis tnu consolidfltion9 ot cticctivc FCisw0x1ons under prior iftw wnicn
HIP fjlnrt nft.rr ,Tnlv 4-- i QOQ qhftll far gAVPm r H Viv tho nrnvitiiAi'Ki ^p thisi nrf irln nfuS r>nt

hppn irtfltitufpH hv ,Tn1v 1 1 000 firp gnvprnpfl hv C!nHp Qpf*-i-i/vM A. A /t-1 /^ pTfppnt thftl' nn
review proceeding may be instituted unless the petition ia filed within any period- ef Km-
cvcnt, by September ^ 199&" SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representative Breedlove of the 85th District moves to amend the Committee substitute to HB 621 as follows:
Page 15 delete lines 33 starting at the ";" thru line 39.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 113, nays 1. The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
HB 553. By Representatives Walker of the 141st, Royal of the 164th, Jamieson of the 22nd, Buck of the 135th, McBee of the 88th and others: A bill to amend Chapter 86 of Title 36 of the Official Code of Georgia Anno tated, the "Local Government Efficiency Act," so as to revise the provisions of said Act; to redefine a certain term; to provide for a local government effi ciency grant program and the use of such grants.
The report of the Committee, which was favorable to the passage of the Bill, was to.
On the passage of the Bill, the ayes were 99, nays 0.

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

HB 622. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 3 of Title 44 of the Official Code of Georgia Anno tated, relating to the regulation of specialized land transactions, so as to comprehensively revise the provisions of the "Georgia Time-Share Act"; to change the purposes of said Act; to delete certain definitions; to remove the Georgia Real Estate Commission as the administrator of said Act.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, so as to comprehensively revise the provisions of the "Georgia Time-Share Act"; to change the purposes of said Act; to delete certain def initions; to change a definition; to remove the Georgia Real Estate Commission as the administrator of said Act; to change the provisions relating to contents and recording of project and time-share instruments with respect to time-share projects located within and outside of the state; to change the provisions relating to time-share estate program man agement and operation; to provide for information to ensure full and fair disclosure to pro spective purchasers; to change the provisions relating to the contents of a public offering statement with respect to time-share projects located within or outside of the state; to change the provisions relating to annual reports filed by exchange companies and multilocation developers; to change the provisions relating to the public offering statement provided to purchasers; to change the provisions relating to funds required to be escrowed by developers; to change the provisions relating to escrow of payment received by develop ers on uncompleted projects; to change the provisions relating to the exemption from other state laws requiring registration and public offering statements; to change the provisions relating to exceptions to the public offering statement requirement; to change the provi sions relating to the requirement of updating the public offering statement; to change the provisions relating to purchase of intervals being free of liens affecting that interval; to change the provisions relating to financial and other records of time-share project associa tions or managing agents; to change the provisions relating to limitation of actions; to pro vide when certain actions must commence when the validity of any sales agreement is an issue and when rescission of the sales agreement or damages are sought; to change the pro visions relating to the prohibition against certain statements or representations; to change the provisions relating to the offer of gifts or prizes; to provide that certain actions with respect to the offering of gifts or prizes shall be unlawful; to provide penalties; to change the provisions relating to a developer's financial records of a time-share project; to change the provisions relating to protection of purchasers from a developer's underlying blanket encumbrance; to repeal certain provisions relating to the requirement of registration of time-share programs, agents, and exchange companies; to provide that prior to the closing of a resale of a time-share interval owned by a person other than a developer of the timeshare program, no person may charge or collect any compensation for real estate brokerage services from the person reselling the time-share interval; to authorize such a person to charge an advertising fee under certain conditions; to repeal certain provisions relating to contents of application for registration of time-share program; to change the provisions relating to requirements for out-of-state projects, managing agents, and exchange pro grams; to repeal certain provisions relating to the authority of the Georgia Real Estate Commission to establish fees; to repeal the provisions relating to effective date of registra tion and administrative review of denial of registration; to change certain exceptions from the application of said Act; to repeal certain provisions relating to the powers and duties of the Georgia Real Estate Commission; to change the provisions relating to modification of public offering statements and limitations on the use of such statements; to change the

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provisions relating to records required to be kept by the developer or agents; to change the provisions relating to criminal penalties; to repeal certain provisions relating to the investigation of a developer, agent, or exchange program; to repeal other criminal penalties for certain violations of said Act; to repeal certain provisions relating to the exclusiveness of said Act with respect to the sale of time-share intervals; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to the regulation of specialized land transactions, is amended by striking in its entirety Article 5, known as the "Georgia Time-Share Act," and inserting in lieu thereof a new Article 5 to read as fol lows:
"ARTICLE 5
Part 1
44-3-160. This article shall be known and may be cited as the 'Georgia Time-Share Act.'
44-3-161. The purposes of this article are to:
(1) Give statutory recognition to real property timesharing in this state; (2) Regulate developers of time-share estate and time-share use projects located in this state and outside this state when offered for sale in this state; (3) Require that developers of time-share projects:
(A) Make certain disclosures to purchasers and prospective purchasers through the use of a public offering statement; (B) Deposit trust funds with an escrow agent; (C) Follow procedures fw registering the projects with the commission; {B)(O Utilize only licensed real estate brokers as sales agents if required by Chap ter 40 of Title 43; and {E)(D) Comply with promotional advertising standards; (4) Establish operating standards for and require registration with the commission eftime-share project managing agents and exchange programs operating in this state; and (5) Provide for sanctions for violations of any provisions of this article which will per mit: (A) The commission te reprimand, suspend, er revoke the registration ef the time-
project, managing agent, er exchange program; Courts of competent jurisdiction to impose fines or imprisonment for misde
meanors and felonies; and {}(B) A claim for appropriate relief by any person adversely affected.
44-3-162. As used in this article, the term:
(1) 'Agent' means a person authorized by the developer to act for him such developer in offering to the public or managing time-share intervals including but not limited to employees or independent contractors of the developer, managing agents, sales agents, and escrow agents. (2) 'Commission' means the Georgia Real Estate Commission. (3) 'Commissioner' means the real estate commissioner. HKi} 'Conspicuous statement' means a statement in boldface and conspicuous type of at least ten points, such statements always being larger than all other statements, except for other conspicuous statements, in the body of the document in which they are required.

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'Developer' means, in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own timeshare intervals in any time-share program. This definition shall not mean a person acting solely as a sales agent. 46rt)(4) 'Developer control period' means the period of time during which the devel oper or managing agent selected by the developer may manage the time-share program and the units in the time-share program. (6)^5) 'Development,' 'project,' or 'property' means all of the real property subject to a project instrument and which contains more than one unit. ?}{6} 'Escrow agent' means a licensed real estate broker, an attorney who is a mem ber of the State Bar of Georgia, a title company, or a banking institution or savings and loan company having trust powers and located in this state who is entrusted with the deposit of trust funds with instructions to carry out the provisions of an agree ment or contract. {8}7) 'Exchange company' means any person owning or operating an exchange pro gram. {9}(8J 'Exchange program' means any arrangement whereby owners may exchange occupancy rights with persons owning other time-share intervals or units or other rights of possession; provided, however, that an exchange program shall not exist if all of the occupancy rights which may be exchanged are in the same time-share prop erty. (10K9) 'Managing agent' means a person who undertakes the duties, responsibilities, and obligations of the management of a time-share program. (H^(10) 'Multilocation developer' means a developer creating or selling its own timeshare intervals in a multilocation plan. 4i3Kll) 'Multilocation plan' means a time-share plan respecting more than one timeshare property pursuant to which owners de may or may not obtain use rights in a specific time-share property and may, by reservation or other similar procedure, become entitled to occupy time-share units in more than one time-share property. {t3)(12) 'Offering' means any offer to sell, solicitation, inducement, or advertisement whether by radio, television, newspaper, magazine, or mail whereby a person is given an opportunity to acquire a time-share interval. {j4}(13) 'Person' means one or more natural persons, corporations, partnerships, asso ciations, trusts, other entities, or any combination thereof. (H>K14) 'Project' means development. 4t6}(15) 'Project instrument' means one or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy, or disposition of an entire project including any amend ments to the document excluding any law, ordinance, or governmental regulation. 4t?)(16) 'Property' means development. {t&K17) 'Public offering statement' means a written statement given to prospective purchasers by the developer or the developer's agent disclosing such information about the time-share project as required by this article.
{i&KIS) 'Purchaser' means any person other than a developer or lender who acquires an interest in a time-share interval.
{30K19) 'Sales agent' means a person who for another, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another, negotiates or attempts to negotiate the sale or lease of a time-share interval in a time-share program.
{8t)(20) 'Sales agreement' means that contract, agreement, lease, or other written instrument by which a purchaser contracts to acquire or acquires, in the event there is no contract to acquire, an interest in a time-share interval.
{32)(21) 'Time-share estate' means an ownership or leasehold interest in real property divided into measurable chronological periods.
{33)(22) 'Time-share instrument' means any document, by whatever name denomi nated, creating or regulating time-share programs excluding any law, ordinance, or governmental regulation.

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{S4H23) 'Time-share interval' means a time-share estate or a time-share use. {2&K24) 'Time-share program' means any arrangement for time-share intervals in a time-share project whereby the use, occupancy, or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occu pancy, or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis occurring annually over any period of time in excess of one year in duration. {36K25) 'Time-share project' means any real property that is subject to a time-share program. {3?K26) 'Time-share use' means any contractual right of exclusive occupancy which does not fall within the definition of a time-share estate including, without limitation, a vacation license, prepaid hotel reservation, club membership, limited partnership, or vacation bond. {38)(27) 'Unit' means the real property or real property improvement in a project which is divided into time-share intervals.
44-3-163. (a) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this article. This subsection shall supersede any contrary rule at common law. (b) A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or inter est, provided there is compliance with all requirements necessary to make an instrument recordable. (c) For purposes of title, each time-share estate constitutes a separate estate or interest in property. (d) For purposes of local real property taxation, each time-share unit, other than a unit operated for time-share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the commissioner of revenue or other local assessing officers as a factor in determining the assessed value of such unit. A unit oper ated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent.
44-3-164. No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit the time-share interval form of ownership or use or impose any require ment upon the time-share project which it does not impose upon a physically identical improvement or development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any division of an improvement or unit into a time-share project or time-share intervals.
Part 2
44-3-165. (a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments. (b) No action for partition of a unit may be maintained except as permitted by the time-share instrument.
44-3-166. (a) Project instruments and time-share instruments creating time-share estates located in the State of Georgia shall be recorded in the superior court of the county in which the project is located and shall contain the following:
(1) The name of the county in which the property is situated; (2) The legal description, street address, or other description sufficient to identify the property;

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(3) Identification of time periods by letter, name, number, or combination thereof; (4) Identification of time-share estates and, where applicable, the method whereby additional time-share estates may be created; (5) The formula, fraction, or percentage of the common expenses and any voting rights assigned to each time-share estate and, where applicable, to each unit in a project that is not subject to the time-share program; (6) Any restrictions on the use, occupancy, alteration, or alienation of time-share intervals; and (7) The ownership interest, if any, in personal property and provisions for care and replacement. (b) For time-share projects located outside the State of Georgia, project instruments therefor shall be recorded as required by the law of the jurisdiction in which such timeshare project is located.
44-3-167. The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include the following:
(1) Creation of an association organization of time-share estate owners; (2) Adoption of bylaws for organizing and operating the association organization; (3) Payment of costs and expenses of operating the time-share program and of owning and maintaining the units; (4) Employment and termination of employment of the managing agent for the associ ation organization; (5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances concerning the time-share program; (6) Adoption of standards and rules of conduct for the use and occupancy of units by owners; (7) Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units; (8) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by owners, their guests, and others and extended coverage casualty insurance; (9) Methods for providing compensating use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation; (10) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with pro visions of the time-share instruments or the rules of the association organization with respect to the use of the units. Under these procedures, an owner must be given notice and the opportunity to refute or explain the charges against him or her in person or in writing to the governing body of the association organization before a decision to impose discipline is rendered; (11) Employment of attorneys, accountants, and other professional persons as neces sary to assist in the management of the time-share program and the units; and (12) Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share estates before encumbering the time-share project for the purpose of making additional improvements to the project.
44-3-168. (a) The time-share instruments for a time-share estate program may provide for a developer control period. (b) If the time-share instruments for a time-share estate program provide for the estab lishment of a developer control period, they shall include provisions for the following:
(1) Termination of the developer control period by action of the association;

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(2) Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and (3) A regular accounting by the developer to the association as to all matters that sig nificantly affect the interests of owners in the time-share program including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances.
44-3-169. Project instruments and time-share instruments creating time-share uses shall contain the following:
(1) Identification by name of the time-share project and street address where the time-share project is situated; (2) Identification of the time periods, type of units, and the units that are in the time-share program and the length of time that the units are committed to the timeshare program; and (3) In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted, or substi tuted.
44-3-170. The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units which shall include the following:
(1) Standards and procedures for upkeep, repairs, and interior furnishing of units; (2) Adoption of standards and rules of conduct governing the use and occupancy of units by owners; (3) Payment of the costs and expenses of operating the time-share program and own ing and maintaining the units; (4) Selection of a managing agent to act on behalf of the developer; (5) Preparation and dissemination to owners of an annual budget and of operating statements and other financial information concerning the time-share program; (6) Procedures for establishing the rights of owners to the use of units by prearrangement or under a first reserved, first served priority system; (7) Organization of a management advisory board or board of directors consisting of time-share use owners including an enumeration of rights and responsibilities of the board; (8) Procedures for imposing and collecting assessments or use fees from time-share use owners as necessary to defray costs of management of the time-share program and in providing materials and services to the units; (9) Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by time-share use owners, their guests, and others and extended coverage casualty insurance; (10) Methods for providing compensation use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by a confirmed reservation; (11) Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with the provisions of the time-share instruments or the rules established by the developer with respect to the use of the units. The owner shall be given notice and the opportunity to refute or explain the charges in person or in writing to the management advisory board before a decision to impose discipline is rendered; (12) Annual dissemination to all time-share use owners by the developer or by the managing agent of a list of the names and mailing addresses of all current time-share use owners in the time-share program; (13) Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share uses before encumbering the time-share project for the pur pose of making additional improvements to the project; and (14) A definition of what shall constitute the facilities being available for use.

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44-3-171. In the event that:
(1) Time-share intervals in a time-share program have been sold in this state to a res ident of this state prior to July 1, 1983; (2) The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections 44-3-166 through 44-3-170; and (3) The developer does not control a sufficient number of votes in the time-share pro gram to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections 44-3-166 through 44-3-170 with out the vote of any other time-share interval owners, then the developer shall include in the public offering statement a listing of those provi sions required by Code Sections 44-3-166 through 44-3-170 but not included in the instruments.
Parts
44-3-172. (a) A public offering statement must be provided to each purchaser of a time-share interval. Prospective purchasers receiving a copy of the public offering statement shall sign a statement acknowledging receipt of the public offering statement and such receipt shall be kept at the principal office of the developer for three years from the date of receipt.
(1) The public offering statement must contain or fully and accurately disclose saeh information as the commission may require by its rates and regulations and must include the following information:
(A) The name of the developer, the principal address of the developer, the address of the time-share intervals offered in the statement, and a description of the devel oper's ownership interest in the time-share project; (B) The nature of the interest in the time-share interval being offered whether it involves real property ownership, leasehold interest, right to use or occupy the facil ity, or some other interest being offered; (C) A general description of the units including, without limitation, the developer's contemplated schedule of commencement and completion of all buildings, units, and amenities or, if completed, a statement that they have been completed; (D) As to all units offered by the developer in the same time-share project:
(i) The types and number of units; (ii) Identification of units that are subject to time-share intervals; and (iii) The estimated number of units that may become subject to time-share inter vals; (E) A brief description of the project; (F) Any current budget or a projected budget for the time-share intervals for one year after the date of the first transfer to a purchaser. The budget must include, without limitation: (i) A statement of the amount or a statement that there is no amount included in the budget as a reserve for repairs and replacement; (ii) The projected common expense liability, if any, by category of the expendi tures for the time-share intervals; (iii) The projected common expense liability for all time-share intervals; and
(iv) A statement of any services not reflected in the budget that the developer provides or expenses that he or she pays; (G) Any initial or special fee for the use of the unit or amenities due from the pur chaser at closing together with a description of the purpose and method of calculat ing the fee; (H) A description of any liens, defects, or encumbrances on or affecting the title to the time-share intervals; (I) A description of any financing offered by the developer;

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(J) A statement of any pending actions material to the time-share intervals of which a developer has actual knowledge; (K) Any restraints on alienation of any number or portion of any time-share inter vals;
(L) A description of the insurance coverage or a statement that there is no insur ance coverage provided for the benefit of time-share interval owners including spe cific statements on the amount of comprehensive general liability insurance and extended coverage casualty insurance; (M) Any current or expected fees or charges to be paid by time-share interval own ers for the use of any facilities related to the property; (N) Whether financial arrangements have been provided for and with whom finan cial arrangements have been made for the completion of all promised or proposed improvements and the proposed date of completion; (0) The extent to which a time-share unit may become subject to a tax or other lien arising out of claims against other owners of the same unit; (P) A conspicuous statement on the cover page as follows:
'YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES AGREEMENT WHICH YOU HAVE SIGNED FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTERVAL WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES AGREEMENT AND RECEIVE A REFUND. IF THIS PUBLIC OFFERING STATEMENT WAS NOT GIVEN TO YOU BEFORE YOU SIGNED ANY SALES AGREE MENT, YOU MAY CANCEL THE SALES AGREEMENT WITHIN SEVEN
DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER YOUR RECEIPT OF THIS PUBLIC OFFERING STATEMENT AND RECEIVE A REFUND. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL A SALES AGREEMENT, YOU MUST NOTIFY THE
DEVELOPER IN WRITING WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE ON THE DATE YOU MAIL IT.';
(Q) When a time-share use is offered, a conspicuous statement as follows: 'YOU MAY CANCEL ANY SALES AGREEMENT WHICH YOU HAVE
SIGNED FOR THE PURCHASE OF A TIME-SHARE USE AT ANY TIME THE FACILITY IS NOT MADE AVAILABLE FOR USE ACCORDING TO AGREED UPON TERMS. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL.';
(R) A schedule for refunding any funds due the purchaser if the time-share project is not completed or if the purchaser exercises cancellation rights; (S) The name and address of the escrow agent; tatA (T) A conspicuous statement as follows:
'ANY QUESTIONS ABOUT THE LEGAL ASPECTS OF THE PURCHASE OR
LEASE OF A TIME-SHARE INTERVAL SHOULD BE REFERRED TO AN ATTORNEY.';
(U) A conspicuous statement on the cover page as follows: 'PURCHASER SHOULD READ THIS DOCUMENT BEFORE SIGNING ANY THING.':
(V)(i) Except as otherwise provided in division (ii) of this subparagraph. a con spicuous statement as follows:
'THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTOR NEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS TRANSACTION ON FILE IN THE SUPERIOR COURT OF THE COUNTY WHEREIN THE PROPERTY IS LOCATED.'
(ii) If the time-share project is located outside this state, then the conspicuous statement must read as follows:
'THIS IS A REAL PROPERTY TRANSACTION. YOU OR YOUR ATTOR NEY SHOULD REVIEW THE DOCUMENTS RELATING TO THIS

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TRANSACTION ON FILE IN THE APPROPRIATE LAND RECORDS OF THE JURISDICTION IN WHICH THE PROPERTY IS LOCATED.'; and"
(W) A description of the exact procedure that will be used bj; the developer for closing sales of time-share intervals including, but not limited to, the procedures for conveying title to the time-share intervals, the procedures for delivery and recording of deedsTand the procedures for disbursing funds held by the escrow agent. (2) If the owners of time-share intervals are offered an opportunity to become mem bers of or to participate in any program for the exchange of occupancy rights among themselves or with the owners of time-share intervals of other time-share projects, or both, the public offering statement or a supplement delivered therewith must fully and accurately disclose stteh information as the commission may require by its rates and regulations and must include the following information:
(A) The name and address of the exchange company; (B) The names of all officers, directors, and shareholders owning 5 percent or more of the outstanding stock of the exchange company;
(C) Whether the exchange company or any of its officers or directors has any legal or beneficial interest in any developer or managing agent for any time-share project participating in the exchange program and, if so, the name and location of the timeshare project and the nature of the interest;
(D) Unless the exchange company is also the developer or an affiliate, a statement that the purchaser's contract with the exchange company is a contract separate and distinct from the sales agreement;
(E) Whether the purchaser's participation in the exchange program is dependent upon the continued affiliation of the time-share project with the exchange program; (F) Whether the purchaser's membership or participation, or both, in the exchange program is voluntary or mandatory;
(G) A complete and accurate description of the terms and conditions of the purchaser's contractual relationship with the exchange company and the procedure by which changes thereto may be made; (H) A complete and accurate description of the procedure to qualify for and effec tuate exchanges;
(I) A complete and accurate description of all limitations, restrictions, or priorities
employed in the operation of the exchange program, including, but not limited to, limitations on exchanges based on seasonableness, unit size, or levels of occupancy, expressed in a conspicuous statement, and, in the event that such limitations, restrictions, or priorities are not uniformly applied by the exchange program, a clear
description of the manner in which they are applied; (J) Whether exchanges are arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for exchanges are made by the exchange program;
(K) Whether and under what circumstances an owner, in dealing with the exchange
company, may lose the use and occupancy of his such owner's time-share interval in any properly applied for exchange without his such owner being provided with substitute accommodations by the exchange company;
(L) The fees or range of fees for participation by owners in the exchange program, a statement whether any such fees may be altered by the exchange company, and the circumstances under which alterations may be made;
(M) The name and address of the site of each time-share property, accommodation, or facility which are participating in the exchange program; (N) The number of units in each property participating in the exchange program
which are available for occupancy and which qualify for participation in the exchange program, expressed within the following numerical groupings: 1-5, 6-10, 11-20, 21-50, and 51 and over;
(0) The number of owners with respect to each time-share project or other property which are eligible to participate in the exchange program expressed within the fol lowing numerical groupings: 1-100, 101-249, 250-499, 500-999, and 1,000 and over,
and a statement of the criteria used to determine those owners who are currently eligible to participate in the exchange program;

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(P) The disposition made by the exchange company of time-share intervals depos ited with the exchange program by owners eligible to participate in the exchange program and not used by the exchange company in effecting exchanges; (Q) The following information, which, except as provided in subparagraph (S) of this paragraph, shall be independently audited by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants and included in the public offering statement for each year no later than July 1 of the succeeding year, beginning no later than July 1, 1983:
(i) The number of owners eligible to participate in the exchange program. Such number shall disclose the relationship between the exchange company and owners as being either fee-paying or gratuitous in nature; (ii) The number of time-share properties, accommodations, or facilities eligible to participate in the exchange program categorized by those having a contractual relationship between the developer or the association and the exchange company and those having solely a contractual relationship between the exchange company and owners directly; (iii) The percentage of confirmed exchanges, which shall be the number of
exchanges confirmed by the exchange company divided by the number of exchanges properly applied for, together with a complete and accurate statement of the criteria used to determine whether an exchange request was properly applied for;
(iv) The number of time-share intervals for which the exchange company has an outstanding obligation to provide an exchange to an owner who relinquished a time-share interval during the year in exchange for a time-share interval in any future year; and
(v) The number of exchanges confirmed by the exchange company during the year; (R) A conspicuous statement to the effect that the percentage described in division
(iii) of subparagraph (Q) of this paragraph is a summary of the exchange requests entered with the exchange company in the period reported and that the percentage does not indicate a purchaser's or owner's probabilities of being confirmed to any specific choice or range of choices, since availability at individual locations may vary; and
(S) The information required by this paragraph shall be accurate as of a date which is not more than 30 days prior to the date on which the information is delivered
to the purchaser, except that the information required by subparagraphs (B), (C), (M), (N), (O), and (Q) of this paragraph shall be provided as of December 31 of the year preceding the year in which the information is delivered, except for infor mation delivered within the first 180 days of any calendar year which shall be pro vided as of December 31 of the year preceding the year in which the information is delivered. All references in this Code section to the word 'year> shall mean calen dar year;
(3) A multilocation developer shall include in the public offering statement or a sup plement delivered therewith saeh information as the commission may require by its
fates and regulations aj4 must include the following information: (A) A complete and accurate description of the procedure to qualify for and effectu ate use rights in time-share units in the multilocation plan;
(B) A complete and accurate description of all limitations, restrictions, or priorities employed in the operation of the multilocation plan, including, but not limited to, a conspicuous statement of limitations on reservations, use or entitlement rights
based on seasonableness, unit size, levels of occupancy or class of owner, and, in the event that such limitations, restrictions, or priorities are not uniformly applied by the multilocation plan, a clear description of the manner in which they are applied;
(C) Whether use is arranged on a space-available basis and whether any guarantees of fulfillment of specific requests for use are made by the multilocation developer; (D) The name and address of the site of each time-share property included in the multilocation plan;

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(E) The number of time-share units in each time-share property which are available for occupancy and, with respect to each such time-share unit, the interest, such as fee ownership, leasehold, or option to purchase, which the multilocation developer has therein; a statement of all relevant terms of the multilocation developer's inter est if such interest is less than fee ownership; and whether the time-share unit may be withdrawn from the multilocation plan; (F) The following information, which, except as provided in subparagraph (H) of this paragraph, shall be independently audited by a certified public accountant or accounting firm in accordance with the standards of the Accounting Standards Board of the American Institute of Certified Public Accountants and included in the public offering statement for each year on or before July 1 of the succeeding year beginning no later than July 1, 1983:
(i) The number of owners in the multilocation plan; (ii) For each time-share property in the multilocation plan, the number of prop erly made requests for use of time-share units in such time-share property; and (iii) For each time-share property, the percentage of owners who properly requested use of a time-share unit in such time-share property who received the right to use a time-share unit in such time-share property; (G) A conspicuous statement to the effect that the percentages described in subpar agraph (F) of this paragraph do not indicate a purchaser's or owner's probabilities of being able to use any time-share unit since availability at individual locations may vary; and (H) The information required by this paragraph shall be provided as of a date which is no more than 30 days prior to the date on which the information is deliv ered to the purchaser, except that the information required by subparagraphs (D), (E), and (F) of this paragraph shall be provided as of December 31 of the year pre ceding the year in which the information is delivered, except for information deliv ered within the first 180 days of any calendar year which shall be provided as of December 31 of the year preceding the year in which the information is delivered. (b) In the event an exchange company offers an exchange program directly to the pur chaser or owner, the exchange company shall deliver to each purchaser or owner, prior to the execution of any contract between the purchaser or owner and the company offer ing the exchange program, the information set forth in paragraph (2) of subsection (a) of this Code section. The requirements of paragraph (2) of subsection (a) of this Code section shall not apply to any renewal of a contract between an owner and an exchange company.
(c) Each exchange company offering an exchange program to purchasers in this state must include the statement set forth in subparagraph (a)(2)(R) of this Code section on all promotional brochures, pamphlets, advertisements, or other materials disseminated by the exchange company which also contain the percentage of confirmed exchanges described in division (a) (2) (Q) (iii) of this Code section.
44-3-173.
(a) An exchange company whose exchange program is offered to purchasers in connec tion with the offer or disposition of time-share intervals in this state shall, on or before July 1 of each year, file with the commission and secretary of the association for the time-share program in which the time-share intervals are offered or disposed, the infor mation required by paragraph (2) of subsection (a) of Code Section 44-3-172 with respect to the preceding year. If the commission determines that any of the information supplied fails to meet the requirements of this Code section, the commission district attorney or Attorney General may undertake enforcement action against the exchange company in accordance with the provisions of this article in either the superior court of the county wherein the time-share accommodations or facilities are located or in the Superior Court of Fulton County. No developer shall have any liability arising out of the use, delivery, or publication by the developer of any information provided to it by the exchange company pursuant to this Code section. Except as provided in this Code section, no exchange company shall have any liability with respect to (1) any representa tion made by the developer relating to the exchange program or exchange company, or

MONDAY, FEBRUARY 20, 1995

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(2) the use, delivery, or publication by the developer of any information relating to the exchange program or exchange company. An exchange company shall only be liable for written information provided to the developer by the exchange company. The failure of the exchange company to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article. (b) A multilocation developer which offers or disposes of time-share intervals in this state shall, on or before July 1 of each year, file with the commission secretary of the association for the time-share program the information required by paragraph (3) of subsection (a) of Code Section 44-3-172 with respect to the preceding year. If at any time the commission dctcrminea that any of the information supplied fails to meet the requirements of this Code section, the commission district attorney or Attorney General may undertake enforcement action against the multilocation developer in accordance with the provisions of this article in either the superior court of the county wherein the time-share accommodations or facilities are located or in the Superior Court of Fulton County. The failure of a multilocation developer to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article.
44-3-174. (a) Before transfer of a time-share interval and no later than the date of any sales agreement, the developer shall provide the intended transferee with a copy of the public offering statement and any amendments and supplements thereto. The sales agreement is voidable by the purchaser for seven days, Sundays and holidays excepted, after receipt of the public offering statement or for seven days, Sundays and holidays excepted, after signing any sales agreement, whichever is later. Cancellation is without penalty or obli gation, and all payments made by the purchaser before cancellation must be refunded within 30 days after receipt of the notice of cancellation. (b) In addition to the rights of the developer provided in the sales agreement, up to seven days, Sundays and holidays excepted, after the signing of any sales agreement, the developer may cancel the sales agreement without penalty or obligation to either party. The developer shall return all payments made by the purchaser within 30 days after canceling the agreement and the purchaser shall return all materials received in good condition, reasonable wear and tear excepted.
(c) If a time-share use is being conveyed, a purchaser shall have the right to cancel the transaction at any time after the facilities are no longer available for use.
(d) The rights of cancellation provided for in subsections (a), (b), and (c) of this Code section shall not be waivable by any purchaser. (e) Any sales agreement must contain a conspicuous statement as follows:
'YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION THIS SALES AGREEMENT FOR THE PURCHASE OR LEASE OF A TIME-SHARE INTER VAL WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING AND RECEIVE A REFUND OF ANY FUNDS PAID. IF YOU DID NOT RECEIVE A PUBLIC OFFERING STATEMENT PRIOR TO SIGNING THIS SALES AGREEMENT, YOU MAY CANCEL THIS SALES AGREEMENT WITHIN SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER RECEIPT OF A PUBLIC OFFERING STATEMENT. YOU MAY NOT GIVE UP OR WAIVE THIS RIGHT TO CANCEL. IF YOU DECIDE TO CANCEL, YOU MUST NOTIFY THE DEVELOPER IN WRITING WITHIN THE CANCELLATION PERIOD OF YOUR INTENT TO CANCEL BY SENDING NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO (insert the name and address of the developer or the developer's agent). YOUR NOTICE WILL BE EFFECTIVE UPON THE DATE YOU SEND IT.'
(f) Prospective purchasers receiving a copy of the public offering statement shall sign a conspicuous statement acknowledging receipt of the public offering statement which shall be kept at the principal office of the developer for a period of three years from the date of receipt. Said statement shall read as follows:

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'I HEREBY ACKNOWLEDGE THAT I HAVE RECEIVED THE PUBLIC OFFER ING STATEMENT OF (insert name of project) ON (insert date) AND I UNDER STAND THAT MY RIGHT TO CANCEL ANY SALES AGREEMENT TO PURCHASE A TIME-SHARE INTERVAL EXPIRES ON (insert date), WHICH IS SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER SIGNING ANY SALES AGREEMENT OR SEVEN DAYS, SUNDAYS AND HOLIDAYS EXCEPTED, AFTER RECEIPT OF THE PUBLIC OFFERING STATEMENT. WHICHEVER IS LATER.'
44-3-175. (a) A developer of a time-share program shall:
(1) Deposit with an escrow agent 100 percent of all funds which are received during the seven-day cancellation period provided for in this article. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include:
(A) That its purpose is to protect the purchaser's right to a refund if he or she can cels the sales agreement for a time-share interval within a seven-day cancellation period; (B) That funds may be disbursed to the developer by the escrow agent from the escrow account only after expiration of the purchaser's seven-day cancellation period and in accordance with the sales agreement; and (C) That the escrow agent may release funds to the developer from the escrow account only after receipt of a sworn statement from the developer that no cancella tion notice was received before expiration of the seven-day period; (2) Deposit with an escrow agent after the seven-day cancellation period 100 percent of all funds which are received from purchasers of time-share uses. The deposit of such funds shall be evidenced by an executed escrow agreement between the escrow agent and the developer, the provisions of which shall include: (A) That its purpose is to protect the purchaser's right to a refund, at any time the accommodations or facilities are no longer available as provided in the sales agree ment entered into by the developer and the purchaser in an amount provided for in subparagraph (a)(2)(B) ef- this Code section (B) of this paragraph; (B) That funds may be disbursed to the developer by the escrow agent from the escrow account periodically in the ratio of the amount of time the purchaser has already used or had the right to use the accommodations or facilities of the timeshare use at the time of the disbursement in relation to the total time sold to the purchaser; and (C) That the escrow agent may release funds to the developer from the escrow account only after receipt of a statement signed by the purchaser indicating that such purchaser has used or has had the right to use a specific number of days out of the total time period purchased. If a purchaser refuses to sign such a statement when tendered, the developer may submit a sworn statement to the escrow agent that the purchaser used or had the right to use a specific number of days, but that the purchaser refused to sign a statement to that effect; (3) Place 100 percent of all funds received from purchasers of such time-share inter vals, after the seven-day cancellation periods have ended, in an escrow account when interests in real property are being sold, according to a sales agreement which will transfer title to the purchasers. The establishment of such an escrow account shall be evidenced by an executed escrow agreement between the escrow agent and the devel oper, the provisions of which shall include: (A) That its purpose is to protect all deposits and payments made by a purchaser toward the purchase price until the deed is delivered to the purchaser, whether physically or by recording the same, or until the purchaser and developer enter into a sales agreement which will transfer title to the purchaser; and (B) That funds may be disbursed to the developer by the escrow agent from the escrow account only after title has been delivered to the purchaser physically or delivered for recording to the clerk of the superior court in the county where the real property underlying the time-share project is located or at such other time as

MONDAY, FEBRUARY 20, 1995

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may be agreed upon in writing by the purchaser and developer. However, in the case of a time-share estate sold by agreement for deed, funds may only be disbursed to the developer after recording of the agreement for deed and, if necessary, a notice to creditors with secured interests in the property underlying the time-share project and, if the property is encumbered by a deed to secure debt or mortgage instru ment, a nondisturbance instrument has been recorded in the public records of the county or counties in which the timcahare time-share is located; or alternatively, after the developer records a notice to the aforesaid creditors and obtains a release of lien for a time-share interval, funds may be disbursed pertaining to that timeshare interval; and (4) Place any funds escrowed pursuant to this Code section with an escrow agent who shall be one of the following: an attorney in this state, a bank or savings and loan company having trust powers in this state, a title company in this state, or a real estate broker in this state. In lieu of the foregoing, with the approval ef- the commis sion, the funds may be escrowed in an account required by the jurisdiction in which the sale of the timcaharc time-share took place. The developer must notify the eemmiaaion purchaser of the name and address of the escrow agent or the name, address, and account number of the bank or savings and loan company where the developer maintains the funds. Maintenance of trust funds and disbursements by an escrow agent in another state must be in accordance with the provisions of this article. The escrow agreement shall authorize the commission ef its purchaser or the purchaser's representative to examine said trust account. (b) An escrow agent holding funds escrowed pursuant to this Code section may invest such escrowed funds in securities of the United States government, or any agency thereof, or in savings or time deposits in institutions insured by an agency of the United States government. The right to receive the interest generated by any such investments shall be as specified by a written agreement between the developer and the purchaser. (c) Each escrow agent shall maintain separate books and records for each time-share project and shall maintain such books and records according to generally accepted accounting principles. (d) In liea ef any escrows required by this Code section, the commission shall have the
irrevocable letter ef credit in an amount eqal te the eserew requirements ef this Code section. Determination ef- default and- refund ef deposits shall be governed by- the eserewrelease provision ef-this Code section.

PUFSUEtTlt tO tfllS V_/Ode SCCvlOU Ity ftt ft IflCCf dfltC, SUCfl dCVGlOpeF pOStS ft SUFCly DOUd
which complies with the requirements ef paragraph {3) ef this subsection. Any funds

Sfiftxx "Be dlS DUFSCd tO tflC dCVClOpCF ijy trie 68CFOW Agent OWly flltCP tflC deVGlOpCT ftft&
trQiisnii1tcd to tiie escrow fluent &nd to &Acn purciiflser Qifectcd ft copy of wie* surety
Dond.
(2) A surety bond established pursuant te paragraph {1} ef this subsection snaD be ciccuted Dy viic developer ds p?iticip&x txnd wiwi ft surety cowip&ny ftutiiopizcd to do
amount ef the sales agreement and shall be posted with the eterk- ef the superior eeart in the county where the time-share accommodations er facilities are located. T-he bendshall be payable te the Georgia Real Eatatc Commission, shall be conditioned pen tuc iflitiuUi eompii&nee witii tne pPOvisions OT tins flPticie ftDd wittt tne sflies fl^ree** mcnt, and aholl be uacd te indemnify any purchaser injured by the developer's viola-
may be reduced periodically in the ratio ef the amount ef time used by purchasers te the tetat time seld te purchasers.
44-3-176. (a) If a developer enters into a sales agreement to sell a time-share interval and the con struction, furnishing, and landscaping of the time-share project have not been substan tially completed in accordance with the representations made by the developer in the

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disclosures required by this article, the developer shall deposit with an escrow agent all payments received by the developer from the purchaser towards the sales price until the project is substantially complete. Funds shall be released from escrow as follows:
(1) If a purchaser properly terminates the sales agreement pursuant to its terms or pursuant to this article, the funds shall be paid to the purchaser together with any interest earned; (2) If the purchaser defaults in the performance of hfe such purchaser's obligations under the sales agreement, the funds shall be paid to the developer together with any interest earned; or (3) If the funds of a purchaser have not been previously disbursed in accordance with the provisions of this subsection, they may be disbursed to the developer in accord ance with this article by the escrow agent upon substantial completion of the timeshare project. (b) In lieu of any escrows required by subsection (a) of this Code section, the purchasers shall have the discretion to accept in writing other financial assurances including, but not limited to, a performance bond or an irrevocable letter of credit in an amount equal to the cost to complete the time-share project. (c) For the purpose of this Code section, 'substantially completed' means that all amenities, furnishings, appliances, and structural components and mechanical systems of buildings are completed and provided as represented in the public offering statement and that the premises are ready for occupancy.
44-3-177. (a) Any time-share program registered under this article in which a public offering statement has been prepared shall not require registration under any of the following:
(1) Article 1 of Chapter 8 of- Title 44 this chapter; (2) Chapter 5 of Title 10; or (3) Any other state law which requires the preparation of a public offering statement or substantially similar document for distribution to purchasers. (b) Any time-share program registered under this article that fails to restrict the price at which an owner may sell or exchange his such owner's time-share interval shall not by virtue of such failure cause the time-share interval to become a security under Chap ter 5 of Title 10; nor shall an exchange program offering such a time-share interval for exchange be construed to be offering a security under Chapter 5 of Title 10.
44-3-178. (a) In lieu of the public offering statement required by this article, the commission, its discretion, ay permit the developer te may give prospective purchasers a public offering statement or similar disclosure document which meets the requirements of the Federal Securities and Exchange Act of 1933 er any ether state's act regulating timesfea*e projects which requires or, if the time-share project is located in another state, a public offering statement or similar disclosure document which that state may require to be prepared and provided to purchasers. (b) A public offering statement need not be prepared or delivered in the case of:
(1) A transfer of a time-share interval by any time-share interval owner or user other than the developer or his such developer's agent; (2) A disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly out side this state, provided that all solicitations; and negotiations; and soles agrccmcnta took place wholly outside this state and the sales agreement was executed wholly out side this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance.
44-3-179.

MONDAY, FEBRUARY 20, 1995

1069

The developer shall immediately amend or supplement the public offering statement to report any material change in the information required by Code Section 44-3-172. and sfeaU supply the commission a eepy of that ehftnge within tea eteysr As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received.
44-3-180. (a) Unless the purchaser expressly agrees in the sales agreement to accept his such purchaser's interest subject to a lien or by assuming a lien prior to transferring a timeshare interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval or shall provide a surety bond or insurance against the lien, as provided for liens on real estate in this state. In lieu of the foregoing, a lienholder may agree to repurchase in the amount agreed to by the parties but in no event less than the amount actually paid by the purchaser a purchaser's time-share interval in the event the lienholder comes into possession of the time-share project; or the lienholder may agree to allow the continued right of quiet enjoyment to the purchaser. (b) Unless a time-share interval owner or tua such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or security deed becomes effective against more than one time-share interval in a time-share project, any time-share interval owner is entitled to a release of his such owner's time-share interval from the lien upon payment of the amount of the lien attributable to his such owner's time-share interval. The amount of the payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien.
44-3-181. The developer shall not sell, lease, assign, or otherwise transfer the entire interest of the developer, other than as a transfer of a time-share interval in the normal course of mar keting, in the time-share program or the accommodations or facilities to a third party when such a sale, lease, assignment, or other transfer substantially affects the rights of other owners of the time-share units, unless:
(1) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to occupy and use the accommodations or facilities or agrees in writing to purchase the interval in an amount equal to the amount actually paid by the purchaser toward the purchase price of the time-share interval; (2) The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to cancel their sales agreement and receive any refunds due; (3) The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-share project or for as long as purchasers of the time-share project are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and (4) Written notice is given to the association and notice shall be sent by certified mail within 30 days of the sale, lease, assignment, or other transfer.
44-3-182. The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records and shall keep said funds in a designated trust account. All financial and other records shall be made rea sonably available for examination by any time-share interval owner or his authorized agents ad te the commission ef ita authorised agewts in the program, by the time-share program's association, or by the authorized agent of such owner or association upon rea sonable request.

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(1) The developer of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any timeshare interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request:
(A) A copy of the escrow agreement for each time-share interval sold or, if alterna tive arrangements are made, a copy of the documents relating to those arrange ments; (B) Copies of lien releases, surety bonds, or other financial assurances executed by the developer to protect purchasers against any claims against the time-share pro gram; (C) Copies of management agreements entered into with managing agents for the management of the time-share program; (D) Copies of agreements entered into with exchange programs for the inclusion of the time-share project in the exchange program's available facilities; and (E) For multilocation developers, copies of certified public accountants' reports required by subparagraph (a)(3)(F) of Code Section 44-3-172. (2) The managing agent of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request: (A) Copies of management agreements entered into with developers for the manage ment of time-share programs; and (B) Copies of budgets and statements sent to developers and time-share interval owners accounting for common expense and maintenance assessments. (3) Exchange programs shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request: (A) Copies of agreements with developers for the inclusion of their projects in the exchange program's available facilities; (B) Copies of agreements with time-share interval owners for their membership in the exchange program: and (C) Copies of certified public accountants' reports as required by subparagraph (a)(2)(Q) of Code Section 44-3-172.
44-3-183. If a developer or any other person subject to this article violates any provision of this article or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this article. The court may also award reason able attorney's fees.
44-3-184. A judicial proceeding where the accuracy of the public offering statement or validity of any soles agreement is an issue and a rescission of the sales agreement is sought or dam ages are sought must be commenced within one year after the date ef- the sales agree ment; notwithstanding that the purchaser's terms of payments may extend beyond the peried ef limitations. However, with respect te the enforcement provisions m the sates
mcriTS t DC mflCrc oy tilc pui*ciifl.s&i*j tlie period of DPin^iri^ ti judicifil ppoceediii will continue for a period ef- thfee years for each breach, btrt the parties may agree te reduce the peried ef limitation te et less than twe years upon which the last of the events described in paragraphs (1) through (3) of this Code section shall occur:
(1) The closing of the transaction; (2) The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities in which certificates of occupancy or other evidence of completion sufficient to allow

MONDAY, FEBRUARY 20, 1995

1071

lawful occupancy are not customarily issued, for the purpose of this Code section, evi dence of lawful occupancy shall be deemed to have been given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applica ble laws, ordinances, or statutes; or (3) The completion of the common elements and any recreational facilities, whether or not the same are common elements, which the seller is obligated to complete or to provide under the terms of the written contract for the sale of the unit.
Part 4
44-3-185. (a) It shall be unlawful for any person, directly or indirectly, to sell or offer for sale time-share intervals in this state by authorizing, using, directing, or aiding in the dis semination, publication, distribution, or circulation of any statement, advertisement, radio broadcast, or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement or sketch which is false or misleading or contains any representation or pictorial representation of proposed improvements or nonexistent scenes without clearly indicating that the improvements are proposed and the scenes do not exist. (b) Nothing in this Code section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in sub section (a) of this Code section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share project so advertised.
A A O 1 Oft tt U -LUU.
ItCflCFVCQ.
44-3-186. 44-3-187. No advertising for the sale or offer for sale of time-share intervals shall:
(1) Contain any representation as to the availability of a resale program or rental pro gram offered by or on behalf of the developer or its affiliate unless the resale program or rental program has been made a part of the offering and submitted te the commia sien offering; (2) Contain an offer or inducement to purchase which purports to be limited as to quantity or restricted as to time unless the numerical quantity or time applicable to the offer or inducement is clearly and conspicuously disclosed; (3) Contain statements concerning the availability of time-share intervals at a particu lar minimum price if the number of time-share intervals available at that price com prises less than 10 percent of the unsold inventory of the developer, unless the number of time-share intervals then for sale at the minimum price is set forth in the advertisement; (4) Contain any statement that the time-share interval being offered for sale can be further divided unless a full disclosure is included as the legal requirements for fur ther division of the time-share interval; (5) Contain any asterisk or other reference symbol as a means of contradicting or changing the ordinary meaning of any previously made statement in the advertisement in such a manner as to mislead the public; (6) Misrepresent the size, nature, extent, qualities, or characteristics of the accommo dations or facilities which comprise the time-share project; (7) Misrepresent the nature or extent of any services incident to the time-share project; (8) Misrepresent or imply that a facility or service is available for the exclusive use of purchasers or owners if a public right of access or of use of the facility or service exists; (9) Make any misleading or deceptive representation with respect to the registration of the time-share project, the sales agreement, the purchaser's rights, privileges, bene fits, or obligations under the sales agreement or this article;

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(10) Misrepresent the conditions under which a purchaser or owner may participate in an exchange program; (11) Purport to have resulted through a referral unless the name of the person making the referral can be produced upon demand of the commission any prospective pur chaser or the time-share program's association; (12) Describe any proposed or uncompleted private facilities over which the developer has no control or documented right of use unless the estimated date of completion is set forth and evidence has been presented te the commission can be produced upon the demand of any prospective purchaser or the time-share program's association that the completion and operation of the facilities are reasonably assured within the time represented in the advertisement or that no assurances of completion are provided; (13) Contain any statement that the developer plans to affiliate with an exchange pro gram; er (14) Represent that Ne person shall advertise er represent that the any federal, state, county, or municipal agency, board, or commission has recommended the time-share project or any of the documents contained m the application fer registration, its docu ments; or (15) Contain any statement guaranteeing or offering to guarantee the sale or resale of any time-share interval.
44-3-187. 44-3-188. {a)-Any person who offers a gift, prize, award, or other item, or any other promotional contest or giveaway in connection with the sale or offer to sell of time-share intervals required te be rcgiatcrcd under this article must comply with all of the provisions of paragraph (16) of subsection (b) of Code Section 10-1-393, relating to promotional con tests and giveaways in general.
\O)--iR SCCOFQflliee Wltn tne pFOCCClUFC9 9Ct IOFtil HI OflftpteF TO Of '1 It1C oUj tfte i_rCOFlft
Administrative Procedure Act,' the commission may elect te impose any sanction per mitted by this article en any registered developer er time -share project whe uses, er in wfiosc DCrifl.it is used) ftny &QveFtisemcFrt OF promotionfti contest OF iveftwsy m connecTM tie with the sate er offer te sell ef time-share intervals registered wide* this article ife
(1) Such advertisement ef promotional contest er giveaway is found by a eeart ef few
TO Oe HI VI Gift tlOn Or .FflFt TS Of AFtlClC TO 'Or OflftptCF T Of 1 Itle ivj trie f fllF DU9111C99
Pi-nfHffin A ft- f*f "\ *Y7f\*'
(2) The party making such advertisement er conducting such promotional contest er 1vcflwfly enters HIto 0 settlement of sny civil compi0.1nt tiled oy tfte ftdmin191FBtor ander Code Section 10-1-807 in which the party admits violation; er (3) The party making the advertisement er conducting stieh promotional contest er giveaway is successfully prosecuted tmdef subparagraph (b)(16)(N) ef Code Section

(c) Notwithstanding anything te the contrary contained in Code Section 44-3-201, pe receipt ef a swern request fer investigation which involves a complaint regarding adver tising er a promotional giveaway er contest conducted behalf ef- a developer er- timeshare promoter, the commission may take either er both ef the following actions:
(1) Forward any avek swerrt complaint te the administrator ef- P-art 2 ef- Article 46 ef-
C^linnt-OT -1- nf T^jtlp "! A Wp < P1>iir T^iiqi'npQQ T*i*fl ct if^pQ A ct nf ^QVK* fnr ttrli n t.pvf*r ft^tirtn
he dees appropriate; er (2) Conduct its ewn investigation fer possible violations ef this article.
PartS
44-3-188. 44-3-180. In the developer's financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated to the timeshare program and shall be made make the same available upon reasonable request to

MONDAY, FEBRUARY 20, 1995

1073

owners of time-share intervals in the time-share program; and the time-share program's association; and te the commission. The commission time-share program's association, in its discretion, may require the developer to submit periodic, written reports from the mortgagee, lienholder, or other creditor of the status of payments made on any underly ing blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated in the time-share program. Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer.
44-3-189. 44-3-100. The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreements, partial release of the lien as the time-share intervals are sold, or an agreement in writing that the lienholder will purchase nondefaulting purchasers' intervals in an amount equal to the amount agreed to by the parties but in no event less than the amount actually paid by the purchaser toward the purchase price of the time-share interval.
Part 6
fAfAUo " t1.n1^iJL.
(a) Unless otherwise exempted by Code Seetien 44-3-107, ft developer shaft net offer- of dispose Or d tnneTM9iiAF intcpvfti unless *fte time 9riftPC proPdm is i*eistcred wiwi wic commission. A developer may net dispose ef- er transfer a time-share interval white tat order revoking er suspending the registration ef the time-share program is effect. (b) It shall be unlawful for any person te act as the managing agent ef- a time-share pregram unless that person has registered with the commission. \c)--it snflii T&C unIQwiui tor Any excnAne pFO^FAHI to opcrste fflt inis suite OF TO OIICF its services in this state unless it has registered with the commission. (d) The commission may deny any application fer registration er reprimand, suspend, er revoke the registration ef a time-share program if- the developer er the developer's agent er; in the ease ef a corporate applicant er registrant, its officers, directors, ef prin-
(1) Docs net bear a geed reputation fer honesty, trustworthiness, integrity, and com petence and; where the developer is a corporation er partnership, enJy if the stock holders er partners whe have a controlling interest therein bear a geed reputation for honesty, trustworthiness, and integrity; (2) Submits an incomplete application fer registration required Code Seetien 44-3-103 er has made a false statement ef a material feet en the application er caused te be submitted er been a party te preparing er submitting any falsified application te the commission!
nete contcndcrc te charges ef any crime involving land dispositions, any rie ef i&OFdx turpitude, fluy felony, ftwy vioiA11ons of sectiFivies iflwSj Any imuduient DUBIIICBB Activities} of Any pecjuirement of tnis ftfticie OF Any simiidP iftw of tfte unitcu ouitcs er any ether state er foreign country, er has been subject te any injunction er admin istrative erder within the past ten years- restraining ft fetee er misleading promotional pten involving any ef the activities above; \4^ t tfts iiftQ ft sftnction otner tnfln ft reppinnflnQ imposed fi^ftinst Any pesu eswiie DroTM her^S; associate broker's, er salesperson's tieense he may heldt (6) Docs net ewn the time-share project; \ij7--**fts Decn involved witri ft time~snflpe pro^pflm wnose te1stPflwOtt HAS occn disci" phned by a regulatory agency in this state er any ether state; er (7) Fails te utilize properly licensed real estate brokers as sales agents if required by Chapter 40 nf Tstir ^9
(c) The commission may deny any application fer registration er reprimand, suspend,
pvovided rOf ift pAFQ.pftpAs \ xj) \&/j {.&/) i,4j, AHQ \o^ of 911 Dsection ^d^ &* mis oode see* tion.

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44-3-190. 44-3-Mfe (a) It shall be unlawful for any person to engage in the business of, act in the capacity of, advertise, or assume to act as a sales agent or managing agent within this state with out first obtaining a license to act as a real estate broker if required by Chapter 40 of
trust fundo, negotiation ef leases, occupancy contracts, er sales agreements ska!) be
(b) Prior to the closing of a resale of a time-share interval owned by a person other than the developer of the time-share program, no person may charge or collect any compensa tion for real estate brokerage services from the person reselling the time-share interval; provided, however, that such person providing real estate brokerage services may charge an advertising fee if:
(1) Such person can document that said advertising fee was paid to a firm which reg ularly provides advertising services to promote the sale of real property and with which such person providing real estate brokerage services has no personal, familial, or business relationship; and (2) The party reselling the time-share interval signs an agreement authorizing the advertising fee and such agreement identifies the party to whom the advertising fee will be paid. If the person offering real estate brokering services on the resale of a time-share interval also offers a guaranteed sale of the interval, such person may not charge or collect any compensation for any purpose prior to the closing of the resale of the time-share inter val.
44-3-193. (a) An application fer registration ef- the time share program must contain:
(1) The public offering statement required by Gede Section 44-3-172 ef a public offcrg statement acceptable te the commission as provided for in Gede Section 44-3-178; (2) A brief description ef- the property; (3) Financial statements prepared in accordance with generally accepted accounting principles fully disclosing the current financial position ef- the developer; (4) Copiea ef- the time share instruments and any documents referred te therein; \o)-- A iic no.me9 of 9ii69 A[ent9, inAnAin &^ent9, And excnAnge prorAHrs TO i&e used
(6) The name ef the bank- in which the eserew agent fer the program maintains a- sepATAte trust Account And trie nAme OF numocr of Mie Account And An AUtiiorizAtioo to the commiaaion te examine such trust account by a dtily authorized representative of the commiaaion at such reasonable time er times as the commission may with netiee te the eserew agent and developer direct; (7) All advertising materials te be used i offering fer sate the time-share intervals; (8) An executed eserew agreement between the developer and the eserew agentf (0) A description ef the marketing plans te be ased in Georgia; and (10) Such other information as may be required by the commission's rates and- regula-

Addfe99 of trie m&iiAging Agent} trie nAme of tne DAnK m wnicii trie mAnAgin A^ent tor the program maintains a separate trust account a4 the mane er number ef- the account, and a authorization te the commission, upon notice te the eserew agent and- the man-
^ent, to exflminc sucti tfust Account Dy A duly AUttiOPized representAtive ot tfte 910x1 AT sucii PCflsonA Die time 01? times AS tfte comm1991011 iQAy direct, And etiner information as may be required by the commission's rates and regulations. (c) The application fef registration ef a time -share exchange program must contain that information provided fer in paragraph (3) ef- subsection {a) ef- Gede Section 44-3-172 and sweh ether information as may be required by the commission's Kites and regulations. \Q.)-- i 'fie oppiicQtion provided ior tR su Dsections ^A^J \D/ ( And \c) ot tnis oode section must be accompanied by any reasonable fees established by the cen
44-3-191. 44-8-104.

MONDAY, FEBRUARY 20, 1995

1075

(a) Time-share projects located outside this state and offered for sale in this state and managing must comply with such time-share regulations as exist in the situs state unless the provisions of this article are more restrictive, and then the provisions of this article shall be equally applicable. A time-share project located outside this state may supple ment its disclosure materials in that situs state with an added disclosure addendum to be applicable to sales occurring in this state, which disclosure addendum incorporates the law of this state if more restrictive. (b) Managing agents and exchange programs located outside this state and operating in this state must comply with all of the provisions of this article. (b) Out-of state projects, managing agents; and exchange programs applying (or rcgistration HI t-iiis stctte must comply witn oil of the provisions of oode oection 44TMo~iyo and, in addition, must supply the commission with the following;
(1) A statement frem the state agency; if- any; regulating time-share projects in the
JUFISdlCtiOR HI wniCn trie 1ime ~SflflPC pPOJCOcj manft^fin ftgeftt1, Of eXCfiane pPO^l161H1 18
located that the applicant has complied with the time -shore registration requirements erf that jurisdiction and that there have been ne disciplinary actions against the app&-
(2) A designation in writing that appoints the real estate commissioner te act as the
to sucn applicant may oe served. oeiwiee upon trie comm1991oner snail fee* eQUivaioRr to personal service upon the applicant.
A A Q 1 tie tt'O* J.17U.
(a) The commission shall establish reasonable fees for the registration, on-sitc inspec tion, and application investigation, if- necessary, of three categories of rcgistranta: timcshare programs; managing agents, ad exchange programs. Reasonable fees shall afee be

rec|uirei Dy tins flfttcic. (b) The commission is authorized te establish through its rule making authority the amount of any tec wnicn rt is autriorized Dy tnis flfticie TO cnaf^e and collect. Hiacn tee se established shall be reasonable and shall be determined such a manner that the
i\ fppg f-Vinytrofl finH fnllpptftf^ Vtv tVip pf>Tyi TVI i nqi f^n gtin 11 finnrmf im/ito thip
comm133ion snail consider t>ne cost incurred to peculate tne activities ot eaen ef registrants is establishing theif respective feesr The expenses ef the commission mttst always be kept within the income collected and deposited in accordance with this article and tne expense tnercot snail not De suppofted oiP paid uom any otner state rund. INO
be refunded. Each applicant shall be responsible for filing his own feesr
44 Q 19fi (a) Except as otherwise provided in this Code section, the effective date f the rcgistratien er any amendment thereto shall be the sixtieth day after the filing ef- ft completed application and fee or such earlier date as the commission may determine, having de regard te the public interest and the protection ef purchasers. K any amendment te any SUCH F6is11attoft is tiled prior TO tne etiective date* tne i*eistration snail oe deemed to have been filed when such proper application and fee for amendment was filed. (b) If it appears te the commission that the application for registration er any amendfflent thereto is en its feee incomplete er inaccurate in any material respect, the commis sion snail so advise tne developer) manam a^ent, or cxcnan^e company prior to tne date the rcgiatration would otherwise be effective. 8eh notification shall serve te> sspend tne etiective date or tne registration until tne sixtiern day aitep tne deveiopcrt managing agent, or exchange company files sueh additional information as the commission snail reQUwe^ upon denial ot AH application) tne developer manain^ aent) OP exchange company may request a hearing in accordance with Chapter 18 erf Title 6; the 'Georgia Administrative Procedure Act.'

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(c) Applications for registration, for renewal ef registration, antl for any change ef info?infition reQuired to Dft tiled witn trie commission must i&e on com mission* approved form* K an application is submitted e a form which ia ne longer in-use by the commis sion, the commission may require the registrant er applicant to submit a new application on rts latest torm at no lurtfter cost to trie flppiicftnt. A registrant or applicant to? rcgis* tration must supply aH information requested en any form- submitted te> the eer. The commission shall retrn any incomplete application, any obsolete application, er any application en a nonapproved form te a registrant er applicant by mail at either the address listed en the incomplete er incorrect application er te the last known busi ness address ef- record- the commission's files if- the incomplete er incorrect application contains no address. i nc reg1strant or applicant must correct any deliciencics noted oy the commission en such application within 36 days of- the commission's mailing netiee of tne deficiency to trie registrant or applicant. if no response is received Dy trie eoHwnisTM sien within 36 days ef the commission's mailing aetiee ef the deficiency, the application siiAll i&e viewed as aoandoned, any lee pftid lofteitcdj cind trie re^fistpflnt of &ppiiCGUHT must submit a new application and foe in order te complete the transaction.
44-3-192. 44-3-tOTr Compliance with this article Ne registration with the commission shall not be required in the case of:
(1) Any transfer of a time-share interval by any time-share interval owner other than the developer or his such developer's agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or governmental agency; (4) A disposition by foreclosure or deed in lieu of foreclosure; (5) A disposition of a time-share interval in a time-share project situated wholly out side this state, provided that all solicitations; and negotiations; and sales agreements took place wholly outside this state and the sales agreement was executed wholly out side this state; (6) A gratuitous transfer of a time-share interval; or (7) Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance.
Part 7
ji4._Q _1 QR
(a) The commission shall have the M! power to regulate the registration of time -share s ) managing agents, and excnange progFams and to revoice} suspend} or
and the registration ef- same. \o/-- T'fte eomm139ion may adopt, amend, and repeal rules and fegu lations aftd issue orders consistent with and is furtherance ef the objectives ef this article. The comrniasien may prescribe forms and procedures for submitting information -to the commission and te prospective purchasers. (c) The commission may accept grants er funds firem any governmental setiree and may contract with governmental agencies charged with similar functions in this er ether jurisdictions m tufttiepat^ee of tne oDjectives of tnis article, (d) The commission may cooperate with governmental agencies performing similar func tions in this and ether jurisdictions te develop uniform filing procedures and forms; niferm disclosure standards, and uniform administrative practices and may develop information that may be useful in the discharge ef the duties. \e/-- 1 ne comm199ion snail employ sucn persons as are necessary to carry otrt tne proviTM siens ef this article in accordance with its authority as set eat in Code Section 43-40-4.
eemmissien;
44-3-193. 44-3-1QQ. (a) A The commission at any time may require a developer te must alter or supplement the form of or information contained in the public offering statement to assure that the

MONDAY, FEBRUARY 20, 1995

1077

public offering statement adequately and accurately discloses to prospective purchasers the material required to be disclosed by this article. (b) The public offering statement shall not be used for any promotional purposes before registration and afterwards only if unless it is used in its entirety. No person shall advertise or represent that the commission any federal, state, county, or municipal agency, board, or commission has approved or recommended the time-share program, the its disclosure statement, or any of the documents contained in the application for registration its documents.
44-3-194. 44-3-200. Any developer or its agents shall keep among its business records and make reasonably available for examination to the commission or its authorized agents the purchaser or the time-share program's association or their authorized agent the following:
(1) A copy of each item required te be submitted te the commission e the applicatien for registration as provided at Code Section 44-3-103 by this article; (2) A copy of the sales agreement from each sale of a time-share interval in the timeshare project, which sales agreement shall be retained for a period of at least three years after parties to the sale have completely performed all of their obligations there under; and (3) A list of all employees or independent contractors, including their last known mailing address, which list shall include all current and previous employees or inde pendent contractors whose employment or contract has been terminated within the preceding three years.
A A O OA1 'I'l U ItfUX.
request of any person, investigate tnc actions of any developer, sales agent, managing agent, of cxcnangc program^ /\ny person autnorizcd to conduct an investigation on behalf- ef the commission ahull have access te and may examine any writings, documents, or ether material which may be related te an investigation made pon the order of the commission. In the conduct of a authorized investigation, the commissioner or the chairman of the commission may issae subpoenas te compel production ef saeh writings, documents, of m&teFi&i eitneF oft Dendii OT tnc comm1891on OP> site? tne service or & notice ef hearing, at the request ef a respondent. The commission or the respondent may apply to the superior court ef the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure te comply with saeh an order shall fee punishable as for contempt ef court. (b) The resalts of aH investigations shall be reported only te the commission or te the commissioner and- the records ef such investigations shall be kept by the commission AUG. no port of Any investi&11ve record, snflll 'oe i?eie&9ed tor ftny purpose otner tftftft ft hearing before the commission or its designated hearing officer, a review by the reapon-
legal counsel, ft review by another governmental agency which regulates timc-aharc y or An ctppccii OT ft decision Dy tne comm1991on to ft COUP* of competent
tion. After service ef a notice ef hearing, a respondent shall have a right to obtain a copy of the investigative record pertaining te the respondent. (c) In accordance with the hearing procedures established for contested eases by Chapter 13 ef Title 66; the 'Georgia Administrative Procedure Act,' the commission may reprimond, suspend, or revoke the registration of any time-share program, managing agent; of excnftn^je prOFftm^ OP impose ft civil pencilty} not to exceed IP ATTJVUU.UU^ it tne QCVCIopcr OF tne deveiopcp 9 Q^ent ft&s been round guilty 01, n tne m&n&in A^ent n&s DCen found guilty of; or if the exchange program has been found guilty of violation of -any ef the provisions ef this article, the rates and regulations ef the commission, or any ef the following unfair trade practices!
(1) Making any false or misleading representation in any document or information fited with the commission; (2) Engaging in or previous engagement in any unlawful act er practice prohibited by tnis

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(3) Disseminating or causing te be disseminated eraHy or at writing any false or mis

leading promotional materials in connection with a time -share program;

(4) Concealing, diverting, er disposing ef any funds er assets ef any person in a nan-

ner impairing rights ef purchasers ef time-share intervals in the time-shore program;

(6) Making a substantial misrepresentation te a purchaser or prospective purchaser;

(6) Failing te perform any stipulation er agreement made te indtwe the commission

te issae an erder relating te that time -shore program;

(7) Violating any erder ef- the commission;

(8) Employing er contracting with a persen te sell time-share intervals whose real

estate broker's, associate broker's, er salesperson's license has been suspended er

revoked by the commission;

(0) Advertising that the development plans te affiliate with an exchange program;

(10) Continuing te seH time-share intervals after becoming mere than three months

in arrears in making payments en any encumbrance against th time-share project;

(11) Having been involved with a time-share program- whose registration has- been- dis

ciplined by a regulatory agency ef- this state er any ether state;

,

Deen convicted of sny enme involving iflnu ci19pos11ion9> ony eftfisteis of

meral turpitude, any violations ef securities law? any fraudulent business activities, er

Any reQUIpement of this spticie of ftny simitftp tttw of trie united. excites of flny otrier

stflte of lOfei^n countfyp f iiftvmjj Dccn suoject vO flny injunetion of ucmiin131rfl11ve

erder restraining a false er misleading promotional plan involving any ef the activities

enumerated in this paragraph;

(13) Misrepresenting in any manner a purchaser's rights te caned any sates agree-

^T^J--r filling to Of perusing to nonop fl purcnftsep s recjuest TO cftncei flny 90.103 Qgpcc ment when that request is made in accordance with the requirements ef this article; (16) Failing te remit in a timely manner escrow funds te a purchaser if- the purchaser has canceled any sales agreement in accordance with the provisions ef this article; er (16) Being er becoming a party te any falsification ef any portion ef any public effering statement, sales agreement, er ether tegal document involved in any time ahorc transaction. (d) The commission ay issue a cease and desist erder if a developer has failed te regis ter a time share program er if a managing agent er exchange program has failed te register ft8 feojuifed oy vtiis flfticie.
44-3-195. 44. 8 202. (a) Except that violations of Code Section 44-3-188 shall be subject only to the remedies available under paragraph (16) of subsection (b) of Code Section 10-1-393, any Any per son subject te the provisions ef this article who violates any ef the provisions ef this &ptide sn&ii oe utility of fl misdeme&nop. i ne commission mfty oppiy to flny court of competent jurisdiction for imposition ef a monetary penalty er imprisonment fer any violations ef this article who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor except in the case the violation causes loss in excess of $5,000.00, then said person shall be guilty of a felony and, upon conviction thereof, 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. Each violation of this article shall constitute a separate offense. (b) Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or Attorney General or both may in his or her discretion apply to any court of competent jurisdiction in this state, including the Superior Court of Fulton County, for on injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant. (c) Any person who violates this article shall be liable in damages to any person or class of persons injured thereby. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees.

MONDAY, FEBRUARY 20, 1995

1079

A A Q Of\Q 11 TMO TM &\JO,
Ay developer er any person subject to this article who offers or disposes of a time ahorc interval without having complied with this article or whe violates any proviaions el tfe article shall be guilty of a misdemeanor .
44 3 204
/\an.\j--Tj.V1t1j1r9i anrf+t1i1u^1icn n91Vmtnilll 1u"u* +i/Vi>iot asur.1i.t- iInttnwr tnJtf +LIkiot najt-agjt-co uurntfuiftnr- TWtrlH*> IiCfVHi tLVIiiot asanliot
intervals for which registration is required shaft be regulated. Without limiting the- generairty of tne toregoingt no registration or Qualification snail DC required under any ent

. ^o*r T''ii*L!i^c 1AAUJ. ~ pr-o~v,,i:uj~c,Q3, U no^w...c^v..c.^TM.-, jt.nUa4i;- ^ri^oJuxuv P Qneruftiinuriti 1ivfi_~fut_j1.f9i tf the time -share program has net been registered with the commission as required by inis articiej
(3) Any ether provision ef taw which, bat for the existence ef this article; requires feg-
for sale of timc-aharc intervals. (b) Nothing in this article shaft be deemed to prohibit the administrator appointed under .rarr ~s &t Article TO ot Onapter T oi i itle iv irom exercising any powers under said part against any person) nor snail anytning m tnis art/icie oe deemed to aorogaie the private fight of action under said parti
44-3-196. 44-3-206. The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share program heretofore created or commenced."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 315. By Representative Holmes of the 53rd:
A bill to amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial or other proceedings, so as to provide for the offense of sentence circumvention.
The following Committee substitute was read and adopted:
A BILL
To amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial and other proceedings, so as to provide for the offense of sentence circumvention; to provide for a criminal penalty; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses in connection with judicial and other proceedings, is amended by adding a new Code section at the end thereof, to be designated Code Section 16-10-98 to read as follows:

1080

JOURNAL OF THE HOUSE,

"16-10-98. (a) A person commits the offense of sentence circumvention when such person in his or her official capacity knowingly or willfully causes any criminal sentence to be reduced or eliminated in exchange for a financial payment other than the statutorily specified fine or restitution as ordered by the court. (b) A person convicted of the offense of sentence circumvention shall be guilty of a mis demeanor."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter E Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin
Y Harris YHart Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfleld Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Towery YTrense Y Turnquest
Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 508. By Representatives Channell of the lllth, Scoggins of the 24th and Heard of the 89th:
A bill to amend Code Section 31-10-16 of the Official Code of Georgia Anno tated, relating to criteria for determining death, so as to authorize coroners and deputy coroners to make such determinations under certain conditions.

MONDAY, FEBRUARY 20, 1995

1081

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

YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Brooks, T
Y Brown, G Y Brown, J
Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson
N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Joyce YKaye Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

On the passage of the Bill, the ayes were 159, nays 1. The Bill, having received the requisite constitutional majority, was

Y Smith, W YSrnyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Brush of the 112th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 341. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to redefine certain terms and to define additional terms; to authorize applications for, orders approving, and installa tion and use of pen registers and trap and trace devices, to the extent the same is consistent with and permitted by the laws of the United States.

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, so as to redefine certain terms and to define additional terms; to authorize applications for,

1082

JOURNAL OF THE HOUSE,

orders approving, and installation and use of pen registers and trap and trace devices, to the extent the same is consistent with and permitted by the laws of the United States; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveillance, and related offenses, is amended by striking in its entirety Code Section 16-11-60 and by inserting in lieu thereof the following:
"16-11-60.
As used within this part, the term: (1) 'Device' means an instrument or apparatus used for overhearing, recording, inter cepting, or transmitting sounds or for observing, photographing, recording, or trans mitting visual images and which involves in its operation electricity, electronics, infrared, laser or similar beams, but not including merely focusing, lighting, illuminat ing equipment, optical magnifying equipment, or a device commonly referred to as an 'individual hearing aid^ and not including a 'pen register' or 'trap and trace device' as defined in this Code section. (2) 'Pen register' means an instrument or apparatus which records or decodes elec tronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but such term does not include any instrument or apparatus used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communi cations services provided by such provider or any instrument or apparatus used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business. {2)i3J 'Private place' means a place where one is entitled reasonably to expect to be safe from casual or hostile intrusion or surveillance. (4) 'Trap and trace device' means an instrument or apparatus which captures the incoming electronic or other impulses which identify the originating number of an instrument or apparatus from which a wire or electronic communication was trans mitted."
SECTION 2. Said part is further amended by adding, following Code Section 16-11-64, new Code sec tions to be designated Code Sections 16-11-64.1 and 16-11-64.2 to read as follows:
"16-11-64.1.
Any district attorney or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a superior court for the circuit wherein the pen register or trap and trace device is to be installed and used, and the superior court for that circuit is authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States.
16-11-64.2. Any investigative or law enforcement officer, specially designated in writing for such purpose by the Attorney General or by a district attorney, who reasonably determines that:
(1) An emergency situation exists that involves: (A) Immediate danger of death or serious bodily injury to any person; or (B) Conspiratorial activities characteristic of organized crime
that requires the installation and use of a pen register or a trap and trace device before an order authorizing such installation and use can, with due diligence, be obtained; and (2) There are grounds upon which an order could be entered under the laws of the United States to authorize such installation and use

MONDAY, FEBRUARY 20, 1995

1083

may have installed and use a pen register or trap and trace device if an order approving the installation or use is issued in accordance with Code Section 16-11-64.1."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter
E Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G N Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Harbin
Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 164, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 543. By Representatives Sauder of the 29th, Shipp of the 38th, Shanahan of the 10th, Coker of the 31st and Lord of the 121st:
A bill to amend Code Section 36-36-92 of the Official Code of Georgia Anno tated, relating to procedures relative to the annexation of unincorporated islands and preclearance by the United States Justice Department, so as to extend the time period for submission to the U.S. Justice Department from 60 to 90 days.

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

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JOURNAL OF THE HOUSE,

Y Ashe
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates
Benefield
Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, G
Y Brown, J
N Brush YBuck
Y Buckner
Y Bunn
Y Burkhalter YByrd Y Campbell Y Canty
Y Carter E Chambless
E Channell
Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox
Y Crawford

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd N Godbee Y Golden Y Goodwin Y Greene Y Grindley
Y Manner
Y Harbin
Y Harris
YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Y Kinnamon
Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham
Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Y Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson
Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague NTeper Y Thomas
Y Tillman
Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles
Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 162, nays 7. The Bill, having received the requisite constitutional majority, was passed.

The Speaker Pro Tem assumed the Chair.

HB 342. By Representatives Parham of the 122nd, Parrish of the 144th and Twiggs of the 8th:
A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Anno tated, relating to controlled substances, so as to change the listing of con trolled substances and dangerous drugs.

The 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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channell Y Childers Y Coker Y Coleman, B

Y Coleman, T Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Y Dobbs

Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner
Harbin Y Harris YHart Y Heard

Y Heckstall Hegstrom
Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston

MONDAY, FEBRUARY 20, 1995

1085

Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton

McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman

Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 168, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 399. By Representatives Smith of the 109th, Lee of the 94th, Heard of the 89th, Lawrence of the 64th and Bargeron of the 120th:
A bill to amend Code Section 48-5-41 of the Official Code of Georgia Anno tated, relating to exemptions from ad valorem taxation, so as to provide for an exemption for certain property owned by an historical fraternal benefit association.

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 Bailey Y Baker Y Bannister
Barfcot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T

Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall

McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan

YShaw Y Sherrill Y Shipp
Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V Y Smith, W Y Smyre Y Snelling
Snow Y Stallings 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

1086
Y Walker, L Y Walker, R.L Y Wall

JOURNAL OF THE HOUSE,

Y Watson Y Watts Y Westmoreland

Y Whitaker Y White Y Wiles

Williams, B Y Williams, J Y Williams, R

Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 163, nays 2. The Bill, having received the requisite constitutional majority, was passed.

HB 417. By Representative Mueller of the 152nd:
A bill to amend Code Section 36-82-1 of the Official Code of Georgia Anno tated, relating to elections for bonded indebtedness, so as to provide that cer tain provisions regarding advertisement of bond elections and the use of bond funds in any county of this state having a population of not less than 500,000 nor more than 575,000 according to the United States decennial cen sus of 1990 or any future such census shall be applicable state wide to any county.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon,S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton N McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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
Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 170, nays 1. The Bill, having received the requisite constitutional majority, was

MONDAY, FEBRUARY 20, 1995

1087

HB 444. By Representative Twiggs of the 8th:
A bill to amend Chapter 8 of Title 35 of the Official Code of Georgia Anno tated, known as the "Georgia Peace Officer Standards and Training Act," so as to provide that any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date unless such per son has successfully completed a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council.

The following amendment was read and withdrawn:

The Committee on Public Safety moves to amend HB 444 by adding on line 13 of page 2 between the word "ordinance" and the period the following:
"j but shall not include a facility customarily used to hold one or more persons for a period not to exceed eight hours while any such person awaits processing, booking, court appearance, or release".

The following substitute, offered by Representative Twiggs of the 8th, was read and adopted:

A BILL
To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," so as to provide that any person employed or appointed as a jail officer six months after the effective date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date unless such person has successfully completed a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council; to provide that any person employed or appointed as a juvenile correctional officer six months after the effective date of this Act shall not be authorized to serve as a juvenile correctional officer in any juvenile correctional facility after a certain date unless such person has successfully completed a training course for juvenile correctional officers approved by the Georgia Peace Officer Standards and Training Council; to define certain terms; to provide that applicants for certification as jail officers or juvenile correctional officers and certified jail officers or juvenile correctional officers shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers and shall be required to fulfill certain requirements; to provide for exemptions with respect to jail offi cers or juvenile correctional officers employed as of a certain date; to provide for registra tion of exempt officers; to provide for effectiveness of registration upon termination as a jail officer or as a juvenile correctional officer; to provide for an alternate method of certi fication with respect to certain jail officers or juvenile correctional officers; 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 35 of the Official Code of Georgia Annotated, known as the "Georgia Peace Officer Standards and Training Act," is amended by striking in its entirety Code Section 35-8-2, relating to definitions, and inserting in lieu thereof a new Code Section 35-8-2 to read as follows:
"35-8-2.
As used in this chapter, the term: (1) 'Applicant' means a prospective peace officer who has not commenced employ ment or service with a law enforcement unit.

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JOURNAL OF THE HOUSE,

(2) 'Candidate' means a peace officer who, having satisfied preemployment require ments, has commenced employment with a law enforcement unit but who has not sat isfied the training requirement provided for in this chapter. (3) 'Council' means the Georgia Peace Officer Standards and Training Council. (4) 'Department head' means the head of any law enforcement unit.
(144..1) 'Detention facility' means a municipal or county jail used ftor the detention of persons charged with or convicted of a felony, a misdemeanor, or a municipal or county ordinance, but shall not include a facility customarily used to hold one or more persons for a period not to exceed eight hours while any such person awaits process ing, booking, court appearance, or release. (5) 'Emergency peace officers' means any peace officers who are employed or appointed to act as peace officers during an emergency or disaster which has been so declared by the chief executive officer of the state and whose status as peace officers is intended to be temporary and for that limited purpose.
(5.1) 'Jail officer' means any person who is employed or appointed by a county or a municipality and who has the responsibility of supervising inmates who are confined in a municipal or county detention facility. (5.2) 'Juvenile correctional facility' means a facility operated by the Department of _Ch_i_ld_re_n _an_d _Yo_u_th _Se_rv_ice_s _an_d u_se_d f_or t_ he d_e_te_nt_io_n o_f y_o_ut_h w_h_o a_re ddeelliinnqquueenntt or who are alleged to be delinquent or a facility operated by the Department of Chil dren and Youth Services used for the care, treatment, and rehabilitation of juvenile offenders.
(5.3) 'Juvenile correctional officer* means any person employed or appointed by the Department of Children and Youth Services who has the primary responsibility for the supervision and control of youth confined in its programs and facilities.
(6) 'Law enforcement support personnel' means persons, other than peace officers, whose primary employment with a law enforcement unit consists of performing func tions directly related to the prevention, detection, or investigation of crime. (7) 'Law enforcement unit' means:
(A) Any agency, organ, or department of this state, a subdivision or municipality thereof, or a railroad whose primary functions include the enforcement of criminal or traffic laws, the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime;
(B) The Office of Permits and Enforcement of the Department of Transportation and the office or section in the Department of Children and Youth Services in which persons are assigned who have been designated by the commissioner to inves tigate and apprehend unruly and delinquent children; and
(C) The Department of Corrections, the State Board of Pardons and Paroles, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said depart ment, board, or institutions.
(8) 'Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either
expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the
prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation
in its Office of Permits and Enforcement and any person employed by the Depart ment of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and
(C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Par dons and Paroles, and county correctional institutions. Sheriffs who hold elective office and law enforcement support personnel are not peace
officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter.

MONDAY, FEBRUARY 20, 1995

1089

(9) 'Retired peace officer' means a retired law enforcement officer who, prior to his or her retirement from service with the state or a subdivision or municipality thereof, was a peace officer within the meaning of such term as defined in paragraph (8) of this Code section. A retired peace officer may be certified or registered upon voluntar ily complying with the certification or registration provisions of this chapter. Such term shall also mean a retired law enforcement officer who retired from service with the United States who meets all criteria as specified by the council for such classifica tion; provided, however, that such classification shall not exempt such officer from satisfying the minimum employment and training requirements of this chapter if such officer is appointed or employed as a peace officer by the state or a subdivision or municipality thereof. (10) 'School' means any school, college, university, academy, or training program approved by the council which offers basic law enforcement training and which con sists of a combination of a course curriculum, instructors, and facilities. (11) 'Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name 'Vascar,' any device designed to measure the speed or velocity of motor vehicles using the Doppler princi ple of radio detection and ranging and commonly marketed under the name 'radar,' or any similar device operating under the same or similar principle, which device is approved by the Department of Public Safety for the measurement of speed, including any device for the measurement of speed or velocity based upon the principle of radar."
SECTION 2. Said chapter is further amended by adding following Code Section 35-8-23 a new Code Section 35-8-24 to read as follows:
"35-8-24.
(a)(l) Any person employed or appointed as a jail officer six months after the effec tive date of this Act shall not be authorized to serve as a jail officer in any detention facility after a certain date as provided in subsection (b) of this Code section unless such person has successfully completed a training course for jail officers approved by the Georgia Peace Officer Standards and Training Council. (2) Any person employed or appointed as a juvenile correctional officer six months after the effective date of this Act shall not be authorized to serve as a juvenile correc tional officer in any juvenile correctional facility after a certain date as provided in subsection (b) of this Code section unless such person has successfully completed a training course for juvenile correctional officers approved by the Georgia Peace Officer Standards and Training Council. (b) Any person employed or appointed as a jail officer or juvenile correctional officer six months after the effective date of this Act shall have a period of six months from the date of initial employment to complete the required training course successfully. Any person who fails to complete such training course successfully within six months of the date of initial employment or appointment as a jail officer or as a juvenile correctional officer shall be prohibited from working as a jail officer in a detention facility or as a juvenile correctional officer in a juvenile correctional facility. (c) Applicants and persons certified under this Code section shall be subject to the pow ers and authority of the Georgia Peace Officer Standards and Training Council applica ble to peace officers as defined in this chapter and shall be required to fulfill all requirements of a peace officer, except the requirements of paragraph (9) of subsection (a) of Code Section 35-8-8 and peace officer training requirements applicable to peace officers only. (d) Persons employed or serving as jail officers or juvenile correctional officers whose employment or service commences prior to and continues on the effective date of this Act are exempt and excused from compliance with the certification provisions of this Code section. (e) Jail officers or juvenile correctional officers exempt from the certification provisions of this Code section are required to register with the council. The registration shall

1090

JOURNAL OF THE HOUSE,

remain in effect for the period of time said person is employed as a jail officer or as a juvenile correctional officer. (f) Any registration granted in this Code section shall not become invalid upon termina tion of employment or appointment as a jail officer or juvenile correctional officer if subsequent employment or appointment as a jail officer or juvenile correctional officer is commenced within 12 months of such prior termination as a jail officer or a juvenile correctional officer. (g) Any jail officer or juvenile correctional officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such jail officer or juvenile correctional officer as equivalent to all or part of the instruction required for certification under this Code section."
SECTION 3. This Act shall become effective six months after the effective date of an appropriations Act containing a specific appropriation to fund the provisions of this Act.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter E Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell
YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly
YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
N McKinney Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Y Smith, W Y Smyre Y Spelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman
Titus Towery Y Trense Y Turnquest Y Twiggs
Y Walker, L Y Walker, R.L YWall
Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 168, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

MONDAY, FEBRUARY 20, 1995

1091

By unanimous consent, HB 417 was ordered immediately transmitted to the Senate.

The Speaker assumed the Chair.
HR 259. By Representatives Heckstall of the 55th, Davis of the 48th, McKinney of the 51st, Holmes of the 53rd, Walker of the 141st and others: A resolution urging the Congress of the United States to declare war on drugs.
The following amendment was read and adopted:
Representatives McKinney of the 51st and Poston of the 3rd move to amend HR 259 as follows:
P. 2 line 9 strike "Be placed under control of military authority Add in place
cooperate with each other,
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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter E Chambless E Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P E Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 170, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

1092

JOURNAL OF THE HOUSE,

The following Resolutions of the House were read and adopted:

HR 377. By Representative Poston of the 3rd: A resolution commending Jamey Painter.

HR 378. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Ruby and Jack Smith.

HR 379. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Sara and Herbert Buffington.

HR 380. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A resolution commending Elizabeth and Smith Johnston.

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

TUESDAY, FEBRUARY 21, 1995

1093

Representative Hall, Atlanta, Georgia Tuesday, February 21, 1995

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

Ashe Bailey Barfoot Bargeron Barnard Barnes Benefield Birdsong Bostick Brooks, T Brown, G Brown, J Buck Buckner Bunn Burkhalter
Byrd Campbell
^C?hIatme'bless
^nannell
Poker Coleman, B Connell Cox Crawford

Crews Culbreth Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Ehrhart Epps Evans Falls Felton Floyd Golden
Greene Grindley
HHeaarbrdin
Hegstrom
Hembree Holland Howard Hudson Hugley

James Johnson, J Johnston Jones Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lifsey Lord Maddox
Mann Martin
MMjclC,9linton
Mobley, B
Mobley, J Mosley Mueller O'Neal Parsons

Pelote Perry Polak Purcell, A Randolph Reaves Reichert Roberts Rogers Royal Sanders Sauder Scoggins Shanahan Shaw Sherrill
Shipp Skipper
SSmmiitthh,, CL
Smith, P
Smith, T Smith, V Smith, W Spelling Snow

Stallings Stancil, F Stanley, L Stanley, P Stephenson Taylor Teague Teper Thomas Tillman Titus Turnquest Walker, L Walker, R.L Wall Watson
Watts Whitaker
WWihleitse
Williams, B
Williams, J Williams, R Woods Yates Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Poston of the 3rd, Cummings of the 27th, Breedlove of the 85th, Bannister of the 77th, Streat of the 167th, Joyce of the 1st, McKinney of the 51st, Trense of the 44th, Heckstall of the 55th, Godbee of the 145th, Bordeaux of the 151st, Brooks of the 103rd, Simpson of the 101st, Dobbs of the 92nd, Davis of the 48th, Johnson of the 97th, Stancil of the 16th, McBee of the 88th, Goodwin of the 79th, Westmorland of the 104th, Harris of the 17th, Canty of the 52nd, Parrish of the 144th, Bates of the 179th, McCall of the 90th, Powell of the 23rd, Baker of the 70th, Porter of the 143rd, Smith of the 19th, Smyre of the 136th, Pinholster of the 15th, Orrock of the 56th, Jenkins of the 110th and Lucas of the 124th.
They wish to be recorded as present.

Prayer was offered by the Reverend Tommy Dobbins, Pastor, First Baptist Church, Donalsonville, 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.

1094

JOURNAL OF THE HOUSE,

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

By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 806. By Representatives Felton of the 43rd, Barnes of the 33rd, Holland of the 157th and Walker of the 141st:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to political campaign contributions, so as to change the provisions relating to disclosures of loans, advances, and exten sions of credit; to change the purposes for which campaign contributions may be used.

February 20, 1995
Dear Mr. Clerk,
Pursuant to Rule 52 the undersigned hereby gives notice of a motion to engross HB 806 (LC 11 8642).
Sincerely /s/ Dorothy Felton
Representative 43rd
Referred to the Committee on Governmental Affairs.

HB 807. By Representatives Godbee of the 145th and Porter of the 143rd:
A bill to amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that the terms "county school system" and "county board of edu cation" shall include any independent school system and the board of educa tion of any independent school system.
Referred to the Committee on Education.

HB 808. By Representatives Bunn of the 74th and O'Neal of the 75th: A bill to create the Board of Elections and Registration of Rockdale County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 809. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 21, 1995

1095

HB 810. By Representatives Campbell of the 42nd, Trense of the 44th and Burkhalter of the 41st:
A bill to provide a homestead exemption from all City of Roswell ad valorem taxes for any city purposes, but not including taxes to retire bonded indebt edness in the amount of $20,000.00 of the assessed value of the homestead for residents of the City of Roswell who are 65 years of age or older.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 811. By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish the Taylor County Building Authority, a body corporate and politic and an instrumentality of the State of Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 812. By Representative Smith of the 19th:
A bill to amend an Act entitled "An Act to provide a new charter for the Town of Clermont," so as to change certain requirements for holding certain offices.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 813. By Representatives Davis of the 48th and McKinney of the 51st:
A bill to amend Code Section 17-6-15 of the Official Code of Georgia Anno tated, relating to the necessity for commitment where bail is tendered and accepted and the allowance of opportunity to give bail, so as to provide that the sheriff shall transmit one set of fingerprints of each individual who acts as a professional bondsperson for the professional bonding company seeking to be approved as a surety to the Georgia Crime Information Center.
Referred to the Committee on Public Safety.

HB 814. By Representatives Skipper of the 137th and James of the 140th: A bill to create the Taylor County Water and Sewerage Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 815. By Representative Simpson of the 101st:
A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Anno tated, relating to chiropractors, so as to change the provisions relating to the scope of practice of chiropractors.
Referred to the Committee on Health & Ecology.

HB 816. By Representatives Skipper of the 137th, Buck of the 135th, Culbreth of the 132nd and Royal of the 164th:
A bill to amend Code Section 48-3-19 of the Official Code of Georgia Anno tated, relating to the transfer of tax executions, so as to provide that certain provisions relating to selling and transferring certain executions in lot blocks by the governing authority of each county in this state having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census, or by the governing authority of any municipality in such county, shall be applicable state wide.
Referred to the Committee on Ways & Means.

1096

JOURNAL OF THE HOUSE,

HB 817. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to incorporate the town of Sumner," so as to provide for incorporation, boundaries, and powers of the town.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 818. By Representative Byrd of the 170th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to pro vide for public notification of and corrective action relating to property con taining the hazardous substance polychlorinated biphenyl.
Referred to the Committee on Natural Resources & Environment.

HB 819. By Representatives Polak of the 67th, Henson of the 65th, Jones of the 71st, O'Neal of the 75th, Williams of the 63rd and others:
A bill to amend an Act creating the City of Avondale Estates, so as to change certain provisions relating to the election of the Board of Mayor and Com missioners of Avondale Estates; to provide for the election of commissioners and the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 820. By Representative Ehrhart of the 36th:
A bill to amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change certain defini tions; to provide for definitions; to change certain provisions relating to qual ifications of applicants for certificates; to provide for inspection stickers and inspection fees; to provide for temporary certificates for out-of-state limousine carriers; to provide for chauffeurs' permits.
Referred to the Committee on Industry.

HR 381. By Representatives Felton of the 43rd, Ashe of the 46th, Burkhalter of the 41st, Campbell of the 42nd and Irvin of the 45th:
A resolution urging state legislative oversight of the federal empowerment zone and enterprise community program grant expenditures.
Referred to the Committee on Rules.

HR 382. By Representatives Orrock of the 56th, Smith of the 174th, Taylor of the 134th, Henson of the 65th, Williams of the 63rd and others:
A resolution designating the month of March, 1995, as "Women's History Month".
Referred to the Committee on Rules.

HR 383. By Representatives Sherrill of the 62nd, Murphy of the 18th, Walker of the 141st, Lee of the 94th, Stephenson of the 25th and others:
A resolution urging all persons seeking and attaining public office to conduct themselves with greater propriety and civility.
Referred to the Committee on Rules.

TUESDAY, FEBRUARY 21, 1995

1097

HR 384. By Representatives Johnson of the 84th, Bannister of the 77th, Johnston of the 81st, Mobley of the 86th, Dix of the 76th and others:
A resolution creating the Joint Study Committee on Pilot Projects in the Gwinnett Judicial Circuit.
Referred to the Committee on Rules.

HR 385. By Representatives Watts of the 26th, Smith of the 109th, Jamieson of the 22nd, Hart of the 116th and Barnes of the 33rd:
A resolution urging Congress to reject the proposed requirement that state chartered banks pay a fee to their federal regulators for examinations con ducted by such federal regulators.
Referred to the Committee on Banks & Banking.

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

HB 793 HB 794 HB 795 HB 796 HB 797 HB 798 HB 799 HB 800 HB 801 HB 802 HB 803 HB 804 HB 805 HR 356 HR 357 HR 358

HR 365 HR 366 HR 369 HR 373 HR 374 HR 376 SB 105 SB 147 SB 154 SB 241 SB 256 SB 279 SB 288 SB 305 SR 131 SR 137

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 792 Do Pass
Respectfully submitted, M Reaves of the 178th
Chairman

Representative Watts of the 26th District, Chairman of the Committee on Banks & Banking, submitted the following report:

Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:

1098

JOURNAL OF THE HOUSE,

HB 529 Do Pass HB 656 Do Pass

HB 705 Do Pass HB 791 Do Pass
Respectfully submitted, Is/ Watts of the 26th
Chairman

Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:

Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 115 Do Pass SB 239 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

Representative Bostick of the 165th District, Vice-Chairman of the Committee on Judiciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 530 Do Pass, by Substitute HB 673 Do Pass, by Substitute SB 50 Do Pass
Respectfully submitted, /s/ Bostick of the 165th
Vice-Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 321 Do Pass HR 356 Do Pass HR 368 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

TUESDAY, FEBRUARY 21, 1995

1099

Mr. Speaker:

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

HR 323 Do Pass, as Amended SB 123 Do Pass, by Substitute SB 132 Do Pass, by Substitute

SB 134 Do Pass SB 204 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 775 Do Pass HB 789 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 21, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 27th Legislative Day as enu merated below:
HB 72 Child support; revise method of calculation HB 76 Drugs and terroristic acts; prohibit dissemination by computer HB 154 Teacher; redefine; school administrator; define HB 222 Delinquent or unruly male child; court-ordered haircut HB 268 AIDS confidential information; disclosure to coroner HB 288 Cert purchases; state of emergency; Emergency Mgmt Agency HB 299 Land use restrictions; breach of covenant; statute of limitations HB 339 Paternity petition; appointment of guardian ad litem HB 369 Hlth ins; include bone marrow for breast cancer treatment HB 395 Practical nurse licensed in another state; license provisions HB 563 Limited liability partnerships; provisions HB 578 State auditor; annual personnel report; amend provisions
HR 242 Ga Agri Expo Center Horse Racing Facility Study Committee; create HR 291 Bartow Gibson Highway; designate portion of State Highway 285
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

1100

JOURNAL OF THE HOUSE,

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

HB 775. By Representative Shanahan of the 10th:
A bill to amend an Act creating the office of Commissioner of Gordon County, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 789. By Representative McCall of the 90th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Oglethorpe 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 7.
The Bill, having received the requisite constitutional majority, was passed.

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

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

SB 328. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, as amended, so as to change the membership of the authority; to change the appointment and terms of office of certain of the members of the authority.

SB 349. By Senator Ralston of the 51st:
A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for a chairperson; to provide for powers and duties and compensation and expenses of members; to provide additional powers for the chairperson; to provide for ordinances, rules, and regulations; to provide for a clerk; to provide for purchases; to pro vide for the disposition of used property; to provide for an orderly transition of office.

HB 575. By Representative Hudson of the 156th:
A bill to amend an Act creating the Board of Commissioners of Ben Hill County, so as to change the compensation of the chairperson and commis sioners of such board.

TUESDAY, FEBRUARY 21, 1995

1101

HB 698. By Representatives Bordeaux of the 151st, Thomas of the 148th, Pelote of the 149th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the provisions relating to the compensation of certain officials.

SB 364. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to create the Board of Elections and Registration of Rockdale County; to provide for the powers and duties of the board; to provide for the appoint ment, election, qualifications, terms, oaths, resignation, and removal of initial and subsequent members; to provide for filling vacancies; to provide for an administrative officer, clerical assistants, and other employees.

SB 371. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend an Act creating the Board of Commissioners of Whitfield County, as amended, so as to provide for staggered terms of office for mem bers of the board of commissioners; to provide for initial and regular terms of office; to provide for a referendum; to provide for submissions and the automatic repeal of this Act.

SB 345. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, as amended, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court.

SB 7. By Senator Guhl of the 45th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Anno tated, relating to extent of contempt power and when jury trial required, so as to provide that when a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program operated by the Department of Correc tions, a sheriff, or a county.

SB 98. By Senators Boshears of the 6th, Blitch of the 7th, Ralston of the 51st and Johnson of the 1st:
A bill to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license.

SB 138. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relating to reinstatement of business and nonprofit corporations following administrative dissolution.

1102

JOURNAL OF THE HOUSE,

SB 145. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Anno tated, relating to agency, so as to provide a statutory form for financial power of attorney; to provide that such form is not the exclusive method for creating such an agency; to provide an explanation for principals.

SB 146. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and Thomas of the 10th:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to remove advanced age as a criterion for incapacity.

SB 161. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 32-7-4 of the Official Code of Georgia Anno tated, relating to procedures for disposition of property no longer needed for public road purposes, so as to change the provisions relating to the disposi tion of property for which the right of acquisition has not been exercised; to provide that a county or municipality may sell property by listing the prop erty through real estate brokers.

SB 182. By Senators Farrow of the 54th, Oliver of the 42nd and Clay of the 37th:
A bill to amend Code Section 9-11-42 of the Official Code of Georgia Anno tated, relating to consolidation of actions and severance, so as to repeal the requirement that the parties consent to a consolidation of actions.

SB 198. By Senators Farrow of the 54th, Ralston of the 51st and Cagle of the 49th:
A bill to amend Code Section 16-9-4 of the Official Code of Georgia Anno tated, relating to the crime of manufacturing, selling, or distributing false identification documents, so as to make it unlawful for any person to know ingly possess a false identification document; to provide penalties; to provide exceptions with respect to certain penalties.

SB 231. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute.

SB 250. By Senators Henson of the 55th, Thomas of the 10th, James of the 35th and Stokes of the 43rd:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Anno tated, relating to exemptions from driver's license requirements, so as to exempt certain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to provide for eyesight examinations.

SB 255. By Senators Ralston of the 51st, Land of the 16th and Clay of the 37th:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Anno tated, relating to imputable negligence, so as to increase the amount for which a parent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in prop erty damage.

TUESDAY, FEBRUARY 21, 1995

1103

SB 299. By Senators Harbison of the 15th, Glanton of the 34th and Hill of the 4th:
A bill to amend Code Section 38-2-280 of the Official Code of Georgia Anno tated, relating to reemployment rights in private industry for various absences, so as to provide a reemployment right for absence due to military duty in the service of the state or of the United States.

SB 326. By Senators Langford of the 29th, Tysinger of the 41st, Isakson of the 21st and Ray of the 19th:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liabil ity generally, so as to provide that rates under the assigned risk plan for workers' compensation shall be set at certain levels in accordance with accepted actuarial standards; to provide a definition; to provide standards for rates under the assigned risk plan for workers' compensation.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 284. By Representative Martin of the 47th:
A bill to amend an Act providing for the appointment of magistrates in Ful ton County, so as to provide for a change in the method of compensation of part-time magistrates.

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

SR 44. By Senators James of the 35th, Scott of the 36th, Ray of the 19th and oth ers:
A resolution commending the late Senator Arthur Langford, Jr., and desig nating the Arthur Langford, Jr., Memorial Parkway.

SR 67. By Senator Ralston of the 51st: A resolution designating the Hobert L. Brown Bridge.

SR 85. By Senators Day of the 48th and Balfour of the 9th:
A resolution designating a certain portion of Interstate Highway 85 as the Veterans Parkway.

SR 123. By Senators Guhl of the 45th and Crotts of the 17th: A resolution designating the Purple Heart Highway.

SR 132. By Senators Langford of the 29th and Edge of the 28th:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.

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

Mr. Speaker:

1104

JOURNAL OF THE HOUSE,

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

SB 338. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Chapter 4 of Title 48 of the Official Code of Georgia Anno tated, relating to tax sales, so as to provide for legislative findings relating to nonjudicial tax foreclosure procedures; to provide for judicial in rem tax foreclosure; to provide for definitions; to provide for the filing of a petition for tax foreclosure; to provide for notice; to provide for a judicial hearing; to provide for payment of taxes; to provide for a foreclosure sale; to provide for a period of redemption.

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

SB 7. By Senator Guhl of the 45th:
A bill to amend Code Section 15-1-4 of the Official Code of Georgia Anno tated, relating to extent of contempt power and when jury trial required, so as to provide that when a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program operated by the Department of Correc tions, a sheriff, or a county.
Referred to the Committee on Judiciary.

SB 98. By Senators Boshears of the 6th, Blitch of the 7th, Ralston of the 51st and others:
A bill to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to issuance, expiration, and renewal of drivers' licenses, so as to require minors to be enrolled in public or private school, home study, or certain other courses of study or to have graduated from high school or received an equivalency diploma or certificate of high school completion as a requirement of issuance of a driver's license.
Referred to the Committee on Motor Vehicles.

SB 138. By Senators Pollard of the 24th and Cheeks of the 23rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the provisions relating to reinstatement of business and nonprofit corporations following administrative dissolution.
Referred to the Committee on Judiciary.

SB 145. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and others:
A bill to amend Chapter 6 of Title 10 of the Official Code of Georgia Anno tated, relating to agency, so as to provide a statutory form for financial power of attorney; to provide that such form is not the exclusive method for creating such an agency; to provide an explanation for principals.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 21, 1995

1105

SB 146. By Senators Oliver of the 42nd, Hill of the 4th, Marable of the 52nd and others:
A bill to amend Chapter 5 of Title 29 of the Official Code of Georgia Anno tated, relating to guardians of incapacitated adults, so as to remove advanced age as a criterion for incapacity.
Referred to the Committee on Judiciary.

SB 161. By Senators Clay of the 37th and Thompson of the 33rd:
A bill to amend Code Section 32-7-4 of the Official Code of Georgia Anno tated, relating to procedures for disposition of property no longer needed for public road purposes, so as to change the provisions relating to the disposi tion of property for which the right of acquisition has not been exercised; to provide that a county or municipality may sell property by listing the prop erty through real estate brokers.
Referred to the Committee on State Planning & Community Affairs.

SB 182. By Senators Farrow of the 54th, Oliver of the 42nd and Clay of the 37th:
A bill to amend Code Section 9-11-42 of the Official Code of Georgia Anno tated, relating to consolidation of actions and severance, so as to repeal the requirement that the parties consent to a consolidation of actions.
Referred to the Committee on Judiciary.

SB 198. By Senators Farrow of the 54th, Ralston of the 51st and Cagle of the 49th:
A bill to amend Code Section 16-9-4 of the Official Code of Georgia Anno tated, relating to the crime of manufacturing, selling, or distributing false identification documents, so as to make it unlawful for any person to know ingly possess a false identification document; to provide penalties; to provide exceptions with respect to certain penalties.
Referred to the Committee on Special Judiciary.

SB 231. By Senators Ralston of the 51st and Farrow of the 54th:
A bill to amend Article 4 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to personal jurisdiction over nonresidents, so as to change the provisions relating to venue under the long-arm statute.
Referred to the Committee on Judiciary.

SB 250. By Senators Henson of the 55th, Thomas of the 10th, James of the 35th and others:
A bill to amend Code Section 40-5-21 of the Official Code of Georgia Anno tated, relating to exemptions from driver's license requirements, so as to exempt certain persons 15 years of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to provide for eyesight examinations.
Referred to the Committee on Motor Vehicles.

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SB 255. By Senators Ralston of the 51st, Land of the 16th and Clay of the 37th:
A bill to amend Chapter 2 of Title 51 of the Official Code of Georgia Anno tated, relating to imputable negligence, so as to increase the amount for which a parent or guardian having custody and control over a minor child shall be liable for the willful or malicious act of the minor resulting in prop erty damage.
Referred to the Committee on Judiciary.

SB 299. By Senators Harbison of the 15th and Glanton of the 34th:
A bill to amend Code Section 38-2-280 of the Official Code of Georgia Anno tated, relating to reemployment rights in private industry for various absences, so as to provide a reemployment right for absence due to military duty in the service of the state or of the United States.
Referred to the Committee on Industry.

SB 326. By Senators Langford of the 29th, Tysinger of the 41st, Isakson of the 21st and others:
A bill to amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the insurance of workers' compensation liabil ity generally, so as to provide that rates under the assigned risk plan for workers' compensation shall be set at certain levels in accordance with accepted actuarial standards; to provide a definition; to provide standards for rates under the assigned risk plan for workers' compensation.
Referred to the Committee on Industrial Relations.

SB 328. By Senators Isakson of the 21st, Tanksley of the 32nd, Clay of the 37th and others:
A bill to amend an Act creating the Cobb County-Marietta Water Authority, as amended, so as to change the membership of the authority; to change the appointment and terms of office of certain of the members of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 338. By Senators Slotin of the 39th, Harbison of the 15th and Henson of the 55th:
A bill to amend Chapter 4 of Title 48 of the Official Code of Georgia Anno tated, relating to tax sales, so as to provide for legislative findings relating to nonjudicial tax foreclosure procedures; to provide for judicial in rem tax foreclosure; to provide for definitions; to provide for the filing of a petition for tax foreclosure; to provide for notice; to provide for a judicial hearing; to provide for payment of taxes; to provide for a foreclosure sale; to provide for a period of redemption.
Referred to the Committee on Judiciary.

SB 345. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, as amended, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, FEBRUARY 21, 1995

1107

SB 349. By Senator Ralston of the 51st:
A bill to create a board of commissioners of Gilmer County; to provide for the qualifications and elections of members; to provide for a chairperson; to provide for powers and duties and compensation and expenses of members; to provide additional powers for the chairperson; to provide for ordinances, rules, and regulations; to provide for a clerk; to provide for purchases; to pro vide for the disposition of used property; to provide for an orderly transition of office.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 364. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to create the Board of Elections and Registration of Rockdale County; to provide for the powers and duties of the board; to provide for the appoint ment, election, qualifications, terms, oaths, resignation, and removal of initial and subsequent members; to provide for filling vacancies; to provide for an administrative officer, clerical assistants, and other employees.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 371. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend an Act creating the Board of Commissioners of Whitfield County, as amended, so as to provide for staggered terms of office for mem bers of the board of commissioners; to provide for initial and regular terms of office; to provide for a referendum; to provide for submissions and the automatic repeal of this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 44. By Senators James of the 35th, Scott of the 36th, Ray of the 19th and oth ers:
A resolution commending the late Senator Arthur Langford, Jr., and desig nating the Arthur Langford, Jr., Memorial Parkway.
Referred to the Committee on Transportation.

SR 67. By Senator Ralston of the 51st: A resolution designating the Robert L. Brown Bridge.
Referred to the Committee on Transportation.

SR 85. By Senators Day of the 48th and Balfour of the 9th:
A resolution designating a certain portion of Interstate Highway 85 as the Veterans Parkway.
Referred to the Committee on Transportation.

SR 123. By Senators Guhl of the 45th and Crotts of the 17th: A resolution designating the Purple Heart Highway.
Referred to the Committee on Transportation.

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SR 132. By Senators Langford of the 29th and Edge of the 28th:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.
Referred to the Committee on Transportation.

Representative Channell of the lllth arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Industry and referred to the Committee on Ways and Means:

HB 797. By Representatives Culbreth of the 132nd, Buck of the 135th, Skipper of the 137th and Jamieson of the 22nd:
A bill to amend Chapter 1 of Title 40 of the Official Code of Georgia Anno tated, relating to general provisions relative to motor vehicles, so as to pro vide that rental companies engaged in the business of renting private passenger motor vehicles for periods of less than 31 days shall collect a fixed rental fee on all rental agreements; to provide for the use of revenue gener ated by such rental fees.

The following Resolutions of the House were read and adopted:

HR 389. By Representatives Murphy of the 18th, Buck of the 135th, Parrish of the 144th, Watson of the 139th, Powell of the 23rd and others:
A resolution commending Jim Tudor.

HR 390. By Representative Orrock of the 56th: A resolution commending Dr. Wanda J. Grogan.

HR 391. By Representative Stancil of the 91st:
A resolution recognizing and commending the Oconee County Clean & Beau tiful Commission.

HR 392. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Mr. William Whitaker.

HR 393. By Representative Walker of the 87th: A resolution commending Nathan Burgess.

HR 394. By Representatives Golden of the 177th, Shaw of the 176th and Reaves of the 178th:
A resolution commending Lee Beth Andrews.

HR 395. By Representatives Pelote of the 149th, Thomas of the 148th and Mueller of the 152nd:
A resolution commending Mount Herman Baptist Church on its 100th anni versary.

TUESDAY, FEBRUARY 21, 1995

1109

HR 396. By Representatives Snelling of the 99th and Hembree of the 98th: A resolution commending Battle Hill Masonic Lodge.

HR 397. By Representatives Snelling of the 99th and Hembree of the 98th: A resolution commending Sheriff Tommy Waldrop.

HR 398. By Representatives Coleman of the 142nd, Dobbs of the 92nd, Hanner of the 159th, Bailey of the 93rd, Stanley of the 49th and others:
A resolution commending the Georgia Trees Coalition and Trees Atlanta.

HR 402. By Representatives Coleman of the 142nd, Porter of the 143rd, Dixon of the 168th, Murphy of the 18th and Lee of the 94th:
A resolution commending Bill Knight.

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

HR 399. By Representatives Mobley of the 69th, Turnquest of the 73rd, Randolph of the 72nd, Brooks of the 54th, Davis of the 48th and others:
A resolution recognizing the Islamic community in Georgia and inviting Imam Plemon El-Amin to appear before the House of Representatives.

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

HR 242. By Representatives Hudson of the 156th, Walker of the 141st, Reaves of the 178th, Floyd of the 138th, Cox of the 160th and others:
A resolution creating the Georgia Agricultural Exposition Center Horse Rac ing Facility Study Committee.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron N Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Y Bostick
Y Breedlove Y Brooks, D Y Brooks, T
Y Brown, G N Brown, J
Brush

Y Buck Buckner
N Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker
Coleman, B
Coleman, T Y Connell Y Cox
Y Crawford N Crews
Culbreth

Cummings Y Davis, G N Davis, M N Day Y DeLoach, B Y DeLoach, G N Dix
Dixon, H Dixon, S Y Dobbs Y Ehrhart Y Epps N Evans
N Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwill

Y Greene Y Grindley Y Hanner N Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland
Holmes
Howard Y Hudson Y Hugley
Y Irvin Y James Y Jamieson

N Jenkins Y Johnson, G N Johnson, J N Johnston Y Jones Y Joyce N Kaye Y Kinnamon Y Klein N Ladd N Lakly Y Lane
Lawrence
Y Lee N Lewis N Lifsey
Lord Lucas N Maddox

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YMann Y Martin Y McBee Y McCall
McClinton Y McKinney N Mills Y Mobley, B N Mobley, J
Mosley Y Mueller Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Pelote

Y Perry Pinholster
Y Polak Porter Poston
Y Powell Y Purcell, A E Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts N Rogers Y Royal N Sanders

Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Simpson Sinkfield Y Skipper Y Smith, C Smith, C.W
Y Smith, L N Smith, P Y Smith, T
Smith, V Y Smith, W YSmyre

Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor YTeague YTeper
Y Thomas Y Tillman Y Titus Y Towery YTrense

Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts
N Westmoreland N Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 121, nays 29. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Cummings of the 27th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HB 72. By Representatives Randall of the 127th, Campbell of the 42nd and Canty of the 52nd:
A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Anno tated, relating to alimony and child support, so as to revise extensively the method of calculating the child support obligation; to provide definitions; to provide that the final verdict or decree shall specify the amount of perma nent child support from each parent.

The following amendments were read and adopted:

Representative Crews of the 78th moves to amend HB 72 by striking in its entirety line 37 of page 7 and inserting in lieu thereof the following:
"home and therefore such parent's inability to work. The court may, in its discretion, take into account a custodial parent's inability to work occasioned by a sincere convic tion that employment outside the home of the custodial parent is not in the best inter ests of the child or children."

Representative Brown of the 130th moves to amend HB 72 as follows:
Section 3 becomes Section 4
New Section 3 reads:
It is the intention of this bill to encourage judges in divorce cases to require all cou ples involved in contested divorces to go to mediation to attempt a mutually agreeable settlement.

Representative Campbell of the 42nd moves to amend HB 72 by striking in their entirety lines 1 and 2 of page 1 and inserting in lieu thereof the following:
"To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, so".
By striking in its entirety line 6 of page 1 and inserting in lieu thereof the following:

TUESDAY, FEBRUARY 21, 1995

1111

"permanent child support from each parent; to revise the form and contents of the final judgment and decree of divorce with regard to child support; to provide for a written find ing of the gross income of each parent and the presence or absence of special circum stances in the final verdict or decree awarding child support; to require a special interrogatory relating to gross income and special circumstances from a jury returning a verdict regarding child support; to provide for a written statement regarding gross income and special circumstances in agreements of the parties; to require the trier of fact to con sider varying the child support award from the guidelines in enumerated special circum stances; to establish".
By striking in their entirety lines 2 and 3 of page 2 and inserting in lieu thereof the follow ing:
"Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking in its entirety Code Section 19-5-12, relating to the form of final judgment and decree of divorce, and inserting in lieu thereof the following:
'19-5-12. A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows:
FINAL JUDGMENT AND DECREE
Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles.
It is considered, ordered, and decreed by the court that the marriage contract hereto fore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into.
Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatso ever and both shall have the right to remarry.
The court restores to (Petitioner/Respondent) his/her prior or maiden name, to wit: --

The court awards custody of the children of the parties as follows: The court fixes alimony axtdt support as follows: In determining child support, the court finds as follows: The gross income of the father is_____ dollars monthly. The gross income of the mother is_____ dollars monthly. In this case child support is being determined for_____ children. As required by Code Section 19-6-15, the court has considered special circumstances and has found the following special circumstances marked with an "X" to be present in this case: ______ 1. Ages of the children ______ 2. A child's extraordinary medical costs or needs in addition to accident
and sickness insurance, provided that all such costs or needs shall be con sidered if no insurance is available ______ 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
8. In-kind income for the self-employed, such as reimbursed meals or a

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______ 9. Other support a party is providing or will be providing, such as pay ment of a mortgag 10. A party's own extraordinary needs, such as medical expenses 11. Extreme economic circumstances including but not limited to: _ (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum 12. Historical spending in the family for children which varies signifi cantly from the percentage table 13. Considerations of the economic cost-of-living factors of the commu nity of each party, as determined by the trier of fact 14. In-kind contribution of either parent 15. Extraordinary travel expenses to exercise visitation or shared physical custody 16. Other, as described below:
Having found that no special circumstances exist, or special circumstances numbered ________ exist (delete the phrase which does not apply), the final award of child support which ___________ shall pay to __________ for support of the child or children is _____________ dollars per week/month/other period (delete those which do not apply and insert as necessary) per child, beginning on the _____ day of __________j 19 , and payable thereafter on the ___ day of ___________ until the child becomes 18 years of age, dies, marries, or other wise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after a child attains 20 years of age. ___________ is ordered to provide accident and sickness insurance for the child or children for so long as he or she is obligated by this order to provide support (insert name of party or delete this sentence if the order does not include provision for insurance).
Decree and order entered this ____ day of _____________, 19__.

Judge, Superior Court'
SECTION 2.
Said title is further amended".
By striking in its entirety line 41 of page 8 and inserting in lieu thereof the following:
"shall be paid. The final verdict or decree shall further include a written finding of the gross income of the father and the mother and the presence or absence of special cir cumstances in accordance with subsection (c) of this Code section. 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 insur ance plan. If the accident and sickness insurance is deemed available at reasonable cost, the court shall order the obligor to obtain the coverage; provided, however, if the obligee has accident and sickness insurance for the child or children reasonably available at rea sonable costs through employment related 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. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance

TUESDAY, FEBRUARY 21, 1995

1113

is provided by the obligee as provided in this subsection. When support is awarded, the party who is required to pay the support shall not be liable to third persons for neces saries furnished to the children embraced in the verdict or decree. In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother and the presence or absence of special circumstances. In any case in which child support is determined by a jury, the court shall charge the pro visions of this Code section and the jury shall be required to return a special interroga tory similar to the form of the order contained in Code Section 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special cir cumstances. 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 con tained in this Code section; provided, however, any such agreement of the parties shall include:
(1) A Child Support Guidelines Notice of Compliance which indicates compliance with the guidelines in this Code section or, in the event the child support guidelines have not been met, the reason for the deviation therefrom; or (2) A written statement regarding the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section."
By striking in their entirety lines 39 through 44 of page 14 and lines 1 and 2 of page 15 and inserting in lieu thereof the following:
"(h) The trier of fact shall consider varying the final award of child support, up or down, from the result reached by applying the procedures set out in the other subsec tions of this Code section upon a written finding of the presence of one or more of the following special circumstances:"
By striking in its entirety line 4 of page 15 and inserting in lieu thereof the following:
"(2) A child's extraordinary medical costs or needs in addition to accident and sick ness insurance, provided that all such costs or needs shall be considered if no insur ance is available;".
By striking in their entirety lines 19 through 24 of page 15 and inserting in lieu thereof the following:
"(11) Extreme economic circumstances including but not limited to: (A) Unusually high debt structure; or (B) Unusually high income of either party or both parties, which shall be construed as individual gross income of over $75,000.00 per annum;
(12) Historical spending in the family for children which varies significantly from the monthly basic child support obligations table;".
By striking in their entirety lines 27 and 28 of page 15 and inserting in lieu thereof the following:
"the trier of fact; (14) In-kind contribution of either parent; (15) Extraordinary travel expenses to exercise visitation or shared physical custody; and (16) Any other factor which the trier of fact deems to be required by the ends of jus tice."
By redesignating Section 2 as Section 3.

The following substitute, offered by Representative Cox of the 160th, et al., was read:

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A BILL

To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, so as to revise the form and contents of the final judgment and decree of divorce with regard to child support; to provide for a written finding of the gross income of each parent and the presence or absence of special circumstances in the final verdict or decree awarding child support; to require a special interrogatory relating to gross income and spe cial circumstances from a jury returning a verdict regarding child support; to provide for a written statement regarding gross income and special circumstances in agreements of the parties; to require the trier of fact to consider varying the child support award from the guidelines in enumerated special circumstances; to provide that special circumstances shall include extraordinary medical costs in addition to accident and sickness or all medical costs if no insurance is available, unusually high income of either or both parties, and extraordinary travel expenses to exercise visitation or shared physical custody; to provide editorial changes; 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 in its entirety Code Section 19-5-12, relating to the form of final judgment and decree of divorce, and inserting in lieu thereof the following:
"19-5-12.
A final judgment of divorce shall be prepared so as to conform to the pleadings and the evidence and may restore a maiden or prior name, if requested. It shall be prepared in form substantially as follows:

FINAL JUDGMENT AND DECREE Upon consideration of this case, upon evidence submitted as provided by law, it is the judgment of the court that a total divorce be granted, that is to say, a divorce a vinculo matrimonii, between the parties to the above stated case upon legal principles. It is considered, ordered, and decreed by the court that the marriage contract hereto fore entered into between the parties to this case, from and after this date, be and is set aside and dissolved as fully and effectually as if no such contract had ever been made or entered into. Petitioner and Respondent in the future shall be held and considered as separate and distinct persons altogether unconnected by any nuptial union or civil contract whatso ever and both shall have the right to remarry. The court restores to (Petitioner/Respondent) his/her prior or maiden name, to wit:

The court awards custody of the children of the parties as follows: ___________. The court fixes alimony and aupporrt as follows: In determining child support, the court finds as follows: The gross income of the father is ___________ dollars monthly. The gross income of the mother is _________ dollars monthly. In this case child support is being determined for _______ children. The applicable percentage of gross income to be considered is

Number of Children
1 2 3 4 5 or more

Thus,

i>ercent of dollars per month.

Percentage Range of Gross Income 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

(gross income of

equals

TUESDAY, FEBRUARY 21, 1995

1115

The court has considered the existence of special circumstances and has found the fol lowing special circumstances marked with an 'X' to be present in this case:
1. Ages of the children 2. A child's extraordinary medical costs or needs in addition to accident and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available 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
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 pay ment of a mortgage 10. A party's own extraordinary needs, such as medical expenses 11. Extreme economic circumstances including but not limited to: _ (A) Unusually high debt structure; or _ (B) Unusually high income of either party or both parties, which shall
be construed as individual gross income of over $75,000.00 per annum 12. Historical spending in the family for children which varies signifi cantly from the percentage table 13. Considerations of the economic cost-of-living factors of the commu nity of each party, as determined by the trier of fact 14. In-kind contribution of either parent 15. The income of the custodial parent 16. The cost of accident and sickness insurance coverage for dependent children included in the order ______ 17. Extraordinary travel expenses to exercise visitation or shared physical custody ______ 18. Any other factor which the trier of fact deems to be required by the ends of justice, as described below: Having found that no special circumstances exist, or special circumstances numbered _________ exist (delete the phrase which does not apply), the final award of child support which _____________ shall pay to ____________ for sup port of the child or children is ____________ dollars per week/month/other period (delete those which do not apply and insert as necessary) per child, beginning on the ____ day of ___________t 19__ and payable thereafter on the ____ day of ___________ until the child becomes 18 years of age, dies, marries, or oth erwise becomes emancipated, except that if the child becomes 18 years of age while enrolled in and attending secondary school on a full-time basis, then such support shall continue until the child completes secondary school, provided that such support shall not be required after the child attains 20 years of age. ___________ is ordered to provide accident and sickness insurance for the child or children for so long as he or she is obligated by this order to provide support (insert name of party or delete this sentence if the order does not include provision for insurance).
Decree and order entered this ____ day of _____________, 19__.

Judge, Superior Court"
SECTION 2. Said title is further amended by striking in its entirety Code Section 19-6-15, relating to the computation of child support awards in the final verdict or decree, and inserting in its place a new Code Section 19-6-15 to read as follows:
"19-6-15.

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(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 as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid. The final verdict or decree shall further include a written finding of the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of this Code section. The trier of fact must also determine whether the accident and sickness insurance for the child or the children involved is reasonably available at rea sonable costs through employmcnt-related 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; provided, however, if the obligee has acci dent and sickness insurance for the child or children reasonably available at reasonable costs through employment-related employment related 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. If currently unavailable or unreasonable in cost, the court shall order the obligor to obtain coverage when it becomes available at a reasonable cost, unless such insurance is provided by the obligee as provided in this subsection. When support is awarded, the party who is required to pay the support shall not be liable to third per sons for necessaries furnished to the children embraced in the verdict or decree. In any contested case, the parties shall submit to the court their proposed findings regarding the gross income of the father and the mother and the presence or absence of special circumstances. In any case in which child support is determined by a jury, the court shall charge the provisions of this Code section feat and the jury shall net be required to return a special interrogatory similar to the form of the order contained in Code Sec tion 19-5-12 regarding the gross income of the father and the mother and the presence or absence of special circumstances. Furthermore, nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the con trary 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 ; provided, however, any such agreement of the parties shall include a written statement regarding the gross income of the father and the mother and the presence or absence of special circumstances in accordance with subsection (c) of 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 per sonal 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 multi plying 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

TUESDAY, FEBRUARY 21, 1995

1117

Children 1 2 3 4 5 or more

Percentage Range of Gross Income 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 find ing 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 by the General Assembly to be guidelines only and any court so applying these guide lines shall not abrogate its responsibility in making the final determination of child sup port based on the evidence presented to it at the time of trial. (c) The trier of fact may vary shall consider varying the final award of child support, up or down, outside from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding of the presence of one or more of the following special circumstances? The special circumstances may be any factor which the toner ef fect deems te be required by the end* of jasrtteer Seme ef- the feetefs- which- may warrant sttch variations include, bat are net limited te:
(1) Ages of the children; (2) A child's extraordinary medical costs or extraordinary needs in addition to acci dent and sickness insurance, provided that all such costs or needs shall be considered if no insurance is available; (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, including but not limited to:
(A) unusually Unusually high debt structure; or (B) unusually Unusually high income of either party or both parties, which shall be construed as individual 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; (15) The income of the custodial parent; and (16) The cost of accident and sickness insurance coverage for dependent children included in the order; (17) Extraordinary travel expenses to exercise visitation or shared physical custody; and (18) Any other factor which the trier of fact deems to be required by the ends of jus tice. (d) The guidelines shall be reviewed by a commission appointed by the Governor to ensure that their application results in the determination of appropriate child support award amounts. The commission will complete its review and submit its report within four years following July 1, 1989, and shall continue such reviews every four years there after. Nothing contained in such report shall be considered to authorize or require a change in the guidelines without action by the General Assembly having the force and

1118

JOURNAL OF THE HOUSE,

effect of law. The commission shall atee submit a report to the Hease Judiciary Committee extA Senate Special Judiciary Committee during the 1001 regular session of the Gcneral Assembly. This report shaH provide information which wiH allow these committees te review the effectiveness of-the guidelines andr tf 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; pro vided, 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 educa tion, 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 pater nity entered on or after July 1, 1992, and the same shall be applicable to an action for modification of a decree entered in such an action entered on or after July 1, 1992, only upon a showing of a significant change of material circumstances."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Brown of the 130th moves to amend the Floor substitute to HB 72 as fol lows:
Section 3 becomes Section 4
New Section 3 reads:
It is the intention of this bill to encourage judges in divorce cases to require all cou ples involved in contested divorces to go to mediation to attempt a mutually agreeable settlement.

Representative Dobbs of the 92nd moves to amend the Floor substitute to HB 72 as fol lows:
Page 7, line 24, strike "shall consider varying"
and inserting
"shall vary".

The following amendment was read:

Representative Holland of the 157th moves to amend the Floor substitute to HB 72 as fol lows:
On page six delete lines 11 through 15 and insert in their place the following:
"; provided, it shall be presumed that the amount of child support set forth in such agreement has been computed based on the gross income of the father and mother and in accordance with the presence or absence of special circumstances set forth in subsection (c) of this Code section for the purpose of any future proceeding for child support modification."

TUESDAY, FEBRUARY 21, 1995

1119

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

N Ashe N Bailey N Baker N Bannister N Barfoot Y Bargeron N Barnard N Barnes N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G N Brown, J N Brush NBuck N Buckner
N Bunn N Burkhalter NByrd N Campbell N Canty
Carter N Chambless Y Channel! Y Childers N Coker N Coleman, B N Coleman, T N Connell NCox N Crawford

N Crews N Culbreth
N Cummings
N Davis, G Y Davis, M
NDay Y DeLoach, B Y DeLoach, G N Dix
Dixon, H Dixon, S N Dobbs N Ehrhart YEpps N Evans N Falls N Felton N Floyd Y Godbee N Golden N Goodwin N Greene N Grindley Y Manner N Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom N Hembree N Henson Y Holland N Holmes N Howard Y Hudson

N Hugley N Irvin
N James Jamieson
Y Jenkins
Y Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly YLane
N Lawrence NLee
N Lewis
N Lifsey NLord N Lucas N Maddox NMann N Martin N McBee N McCall E McClinton
McKinney N Mills
Y Mobley, B
N Mobley, J N Mosley N Mueller N O'Neal N Orrock

E Parham N Parrish N Parsons N Pelote N Perry N Pinholster
N Polak N Porter Y Poston N Powell N Purcell, A Y Purcell, B NRandall
N Randolph NRay N Reaves N Reichert N Roberts Y Rogers N Royal N Sanders N Sauder N Scoggins Y Shanahan NShaw N Sherrill
N Shipp N Simpson N Sinkfield Y Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, P
Smith, T N Smith, V

N Smith, W N Smyre N Spelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephenson N Streat N Taylor
Teague N Teper N Thomas N Tillman N Titus
N Towery
N Trense N Turnquest Y Twiggs N Walker, L N Walker, R.L Y Wall N Watson N Watts Y Westmorland N Whitaker N White N Wiles N Williams, B N Williams, J
Williams, R N Woods N Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 29, nays 140. The amendment was lost.

On the adoption of the Floor substitute, as amended, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey Y Baker N Bannister N Barfoot N Bargeron Y Barnard Y Barnes Y Bates N Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, G N Brown, J N Brush YBuck Y Buckner Y Bunn N Burkhalter
NByrd N Campbell N Canty

Y Carter
Y Chambless Y Channel) N Childers N Coker N Coleman, B Y Coleman, T Y Connell YCox Y Crawford
Crews Y Culbreth
N Cummings
Y Davis, G N Davis, M
YDay N DeLoach, B N DeLoach, G NDix Y Dixon, H
Dixon, S Y Dobbs N Ehrhart NEpps N Evans Y Falls

Y Felton N Floyd N Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner
N Harbin
N Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes N Howard Y Hudson Y Hugley N Irvin N James Y Jamieson N Jenkins N Johnson, G

N Johnson, J
N Johnston N Jones Y Joyce N Kaye Y Kinnamon Y Klein NLadd N Lakly NLane
Lawrence
NLee N Lewis
N Lifsey NLord N Lucas N Maddox N Mann Y Martin Y McBee N McCall E McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J

N Mosley N Mueller Y O'Neal
Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak Y Porter Y Poston N Powell Y Purcell, A N Purcell, B NRandall Y Randolph
NRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder

1120

JOURNAL OF THE HOUSE,

Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper N Smith, C Y Smith, C.W

Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smith, W N Smyre N Snelling YSnow Y Stallings Y Stancil, F

N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman

Y Titus
Y Towery
N Trense N Turnquest Y Twiggs Y Walker, L Y Walker, R.L N Wall N Watson Y Watts

N Westmorland N Whitaker N White N Wiles
Y Williams, B N Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

On the adoption of the Floor substitute, as amended, the ayes were 95, nays 76. The Floor substitute, as amended, was adopted.

Representative Campbell of the 42nd moved that the House reconsider its action in adopting the Floor substitute, as amended.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey N Baker
Y Bannister
N Barfoot Y Bargeron N Barnard N Barnes N Bates Y Benefield N Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush NBuck N Buckner NBunn Y Burkhalter YByrd Y Campbell
Canty N Carter N Chambless N Channell Y Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox N Crawford

Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
N Dixon, H
Dixon, S N Dobbs Y Ehrhart YEpps Y Evans N Falls N Felton N Floyd
Y Godbee N Golden N Goodwin N Greene N Grindley Y Manner
Y Harbin
Y Harris NHart N Heard N Heckstall
N Hegstrom
Y Hembree N Henson Y Holland N Holmes Y Howard N Hudson

N Hugley
Y Irvin Y James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye N Kinnamon N Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann N Martin N McBee Y McCall E McClinton
McKinney Y Mills N Mobley, B N Mobley, J Y Mosley Y Mueller N O'Neal N Orrock

E Parham N Parrish N Parsons
Pelote
N Perry
Y Pinholster 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 Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp
N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T N Smith, V

Y Smith, W N Smyre Y Snelling NSnow N Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague N Teper N Thomas Y Tillman N Titus N Towery Y Trense Y Turnquest N Twiggs N Walker, L N Walker, R.L Y Wall Y Watson N Watts Y Westmoreland Y Whitaker Y White Y Wiles
N Williams, B Y Williams, J Y Williams, R
N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 78, nays 94. The motion was lost.

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 Bailey Y Baker

Y Bannister
Y Barfoot Y Bargeron

Y Barnard Y Barnes Y Bates

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D

TUESDAY, FEBRUARY 21, 1995

1121

Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox
Y Crawtord Y Crews Y Culbreth
Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H Dixon, S
YDobbs

Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones

Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall
E McClinton McKinney
Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster

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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling

YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 175, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 154. By Representatives Smith of the 175th, Polak of the 67th, Murphy of the 18th, Martin of the 47th, Godbee of the 145th and others:
A bill to amend Code Section 20-2-942 of the Official Code of Georgia Anno tated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit certain rights of school administrators.

Representative Wall of the 82nd moved that debate on HB 154 be limited to ten min utes with the exception of the opening speaker and the Committee Chairman.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe
Y Bailey Y Baker
N Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates
Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G N Brown, J
Brush YBuck Y Buckner

N Bunn
Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers
Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay

Y DeLoach, B Y DeLoach, G NDix Y Dixon, H
Dixon, S Dobbs Y Ehrhart YEpps Y Evans N Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Hanner Y Harbin Y Harris
YHart

Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Ylrvin Y James
Jamieson Y Jenkins N Johnson, G Y Johnson, J N Johnston
Jones N Joyce NKaye Y Kinnamon

Y Klein
NLadd N Lakly
YLane Lawrence
YLee Y Lewis Y Lifsey
YLord Y Lucas N Maddox Y Mann Y Martin Y McBee Y McCall E McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

1122

JOURNAL OF THE HOUSE,

Y Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak N Porter Y Poston Y Powell Y Purcell, A
Purcell, B

Y Randall Y Randolph Y Ray
Reaves Y Reichert N Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F

On the motion, the ayes were 140, nays 23. The motion prevailed.

N 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 Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmoreland Y Whitaker N White
Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods N Yates
Murphy, Spkr

The Speaker Pro Tern assumed the Chair.

The following Committee substitute was read:

A BILL
To amend Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, so as to change definitions; to limit certain rights of school administrators; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-942 of the Official Code of Georgia Annotated, relating to nonrenewal of teacher contracts, is amended by adding after paragraph (1) of subsection (a) thereof the following:
"(1-1) 'School administrator' means any professional school employee certificated by the Professional Standards Commission above the classification of teacher, including but not limited to assistant, associate, or deputy superintendent; supervisor; coordina tor; director; principal; assistant principal; or any other management level or supervi sory personnel."
SECTION 2. Said Code section is further amended by striking paragraph (4) of subsection (a) thereof and inserting in its place the following:
"(4) 'Teacher' means any professional school employee certificated by the Professional Standards Commission including media specialists, specialists, visiting teachers or attendance officers who are certificated, psychologists, and librarians, but not includ ing school administrators."
SECTION 3. Said Code section is further amended by adding at the end thereof the following:
"(c)(l) A person who first becomes a school administrator on or after the date this subsection first becomes effective shall not acquire any rights under this Code section to continued employment with respect to any position of school administrator. A school administrator who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective shall retain such rights:
(A) In that administrative position which such administrator held immediately prior to such date; and (B) In any other administrative position to which such administrator has been involuntarily transferred or assigned,

TUESDAY, FEBRUARY 21, 1995

1123

and only in such positions shall such administrator be deemed to be a teacher for the purpose of retaining those rights to continued employment in such administrative positions. (2) A teacher who had acquired any rights to continued employment under this Code section prior to the date this subsection first becomes effective and who is or becomes a school administrator without any break in employment with the local board for which the person had been a teacher shall retain those rights under this Code section to continued employment in the position as teacher with such local board. (3) Nothing in this subsection shall affect positions which, prior to the date this sub section first becomes effective, had no rights to continued employment under this Code section, including coach, athletic director, finance officer, comptroller, business manager, nurse, department head or chairperson, and similar positions. Nothing in this subsection shall impair the rights of teachers or school administrators with respect to their employment under annual contracts, including but not limited to those rights under Code Section 20-2-940."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Sherrill of the 62nd, et al. move to amend the Committee substitute to HB 154 by adding between lines 18 and 19 of page 2 the following:
"(1-1) Notwithstanding the provisions of paragraph (1) of this subsection, an assistant principal who accepts a school year contract as assistant principal for the fourth con secutive year from the same board of education shall thereupon acquire rights under this Code section to continued employment as an assistant principal and a principal who accepts a school year contract as principal for the fourth consecutive year from the same board of education shall thereupon acquire rights under this Code section to continued employment as a principal."

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

N Ashe Y Bailey Y Baker Y Bannister
Barfoot N Bargeron Y Barnard N Barnes
Bates Y Benefield Y Birdsong Y Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T
N Brown, G N Brown, J N Brush YBuck Y Buckner YBunn N Burkhalter YByrd N Campbell

N Canty N Carter N Chambless N Channell Y Childers Y Coker
Y Coleman, B N Coleman, T
Connell YCox N Crawford N Crews
N Culbreth Y Cummings N Davis, G N Davis, M NDay Y DeLoach, B
N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps

N Evans
N Palls Y Pelton
N Floyd N Godbee N Golden N Goodwin
Y Greene Y Grindley N Manner N Harbin N Harris YHart Y Heard N Heckstall N Hegstrom N Hembree Y Henson Y Holland Y Holmes N Howard N Hudson Y Hugley NIrvin N James

N Jamieson Y Jenkins N Johnson; G N Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein NLadd N Lakly NLane N Lawrence YLee N Lewis Y Lifsey YLord Y Lucas N Maddox YMann
N Martin Y McBee N McCall E McClinton

N McKinney
N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock E Parham N Parrish Y Parsons N Pelote N Perry N Pinholster N Polak Y Porter Y Poston
Powell N Purcell, A N Purcell, B Y Randall N Randolph NRay
Reaves N Reichert

1124

JOURNAL OF THE HOUSE,

Y Roberts Y Rogers Y Royal N Sanders N Sauder N Scoggins N Shanahan
Shaw Y Sherrill N Shipp N Simpson

Y Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T N Smith, V Y Smith, W YSmyre Y Snelling

Y Snow Y Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat Y Taylor
N Teague YTeper

N Thomas N Tillman N Titus N Towery N Trense Y Turnquest
N Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson

On the adoption of the amendment, the ayes were 69, nays 101. The amendment was lost.

Y Watts N Westmorland N Whitaker Y White N Wiles Y Williams, B N Williams, J N Williams, R Y Woods N Yates
Murphy, Spkr

The Committee substitute was adopted.

Representative White of the 161st moved that HB 154 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey N Baker N Bannister
Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove N Brooks, D Y Brooks, T
N Brown, G N Brown, J N Brush NBuck Y Buckner Y Bunn N Burkhalter NByrd N Campbell
N Canty N Carter N Chambless N Channell Y Childers N Coker Y Coleman, B N Coleman, T
Connell
YCox N Crawford

N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart
NEpps N Evans N Falls N Felton N Floyd NGodbee N Golden N Goodwin Y Greene N Grindley N Manner N Harbin N Harris YHart N Heard Y Heckstall N Hegstrom N Hembree
N Henson N Holland Y Holmes
Howard N Hudson

Y Hugley N Irvin
N James N Jamieson
Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane
N Lawrence YLee N Lewis N Lifsey N Lord N Lucas N Maddox NMann N Martin Y McBee N McCall E McClinton N McKinney N Mills Y Mobley, B N Mobley, J N Mosley N Mueller Y O'Neal
Orrock

E Parham N Parrish N Parsons N Pelote Y Perry N Pinholster N Polak N Porter NPoston
Powell
N Purcell, A N Purcell, B Y Randall Y Randolph NRay
Reaves N Reichert Y Roberts N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan
Shaw Y Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

N Smith, W
N Smyre N Snelling N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat Y Taylor N Teague YTeper
N Thomas N Tillman
N Titus N Towery N Trense Y Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts N Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 30, nays 138. The motion was lost.

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

TUESDAY, FEBRUARY 21, 1995

1125

Y Ashe N Bailey N Baker Y Bannister
Barfoot Y Bargerun Y Barnard Y Barnes
Bates N Benefield
Y Birdsong Bordeaux
Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J Y Brush NBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! N Childers Y Coker Y Coleman, B Y Coleman, T
Connell NCox Y Crawford

Y Crews Y Culbreth N Cummings Y Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDix N Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin N Greene Y Grindley Y Hanner Y Harbin Y Harris NHart Y Heard Y Heckstall Y Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard Y Hudson

N Hugley Ylrvin Y James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin N McBee Y McCall E McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal
Y Orrock

E Parham Y Parrish Y Parsons N Pelote N Perry Y Pinholster Y Polak Y Porter N Poston
Powell Y Purcell, A Y Purcell, B YRandall N Randolph YRay
Reaves Y Reichert N Roberts N Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw N Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V

N Smith, W NSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat N Taylor N Teague NTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense N Turnquest YTwiggs Y Walker, L Y Walker, R.L N Wall N Watson Y Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 130, nays 40.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Barfoot of the 155th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 154 was ordered immediately transmitted to the Senate.

The Speaker assumed the Chair.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Natural Resources and referred to the Committee on Industry:

HB 818. By Representative Byrd of the 170th:
A bill to amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to hazardous site response, so as to pro vide for public notification of and corrective action relating to property con taining the hazardous substance polychlorinated biphenyl.

By unanimous consent, all remaining Bills on the Rules Calendar were postponed until tomorrow.

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

1126

JOURNAL OF THE HOUSE,

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

WEDNESDAY, FEBRUARY 22, 1995

1127

Representative Hall, Atlanta, Georgia Wednesday, February 22, 1995

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

Ashe Bailey Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong Breedlove Brooks, D Brooks, T Brown, G Brown, J Buck Buckner Bunn Burkhalter Byrd Campbell Canty Carter Chambless Channell Childers Coker Coleman, B Connell Cox

Crawford
Crews
Culbreth Cummings Day DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Falls Felton
Floyd Godbee Golden
Goodwin
Greene Grindley Harbin Harris Heard Heckstall Hegstrom Hembree Henson Holland

Howard
Hudson Hugley Irvin James Jenkins
Johnson, G Johnson, J Johnston
Jones Joyce Kaye Kinnamon
Klein Ladd Lakly Lane Lawrence
Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall
McKinney
Mills
Mobley, B

Mobley, J Mosley Mueller O'Neal Parsons Pelote Perry Polak Poston Powell Purcell, A Purcell, B Randolph Ray Reaves Roberts Rogers
Royal Sanders
Sauder
Shanahan
Shaw
Sherrill
Simpson
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P

Smith, T Smith, V Smith, W Snelling Snow Stalling* Stancil, F Stancil, S Stanley, L Stanley,P Stephenson Streat Taylor Teague Teper Thomas Tillman
Titus
Trense
Walker, R.L
Wall
Watson
Westmoreland
Whitaker
White
Wiles Williams, B
Williams, J
Woods

The following members were off the floor of the House when the roll was called:
Representatives Turnquest of the 73rd, Hanner of the 159th, Shipp of the 38th, Hart of the 116th, Towery of the 30th, Lucas of the 124th, Porter of the 143rd, Reichert of the 126th, Yates of the 106th, Bordeaux of the 151st, Twiggs of the 8th, Jamieson of the 22nd, Davis of the 48th, Baker of the 70th, Orrock of the 56th, Sinkfield of the 57th, Parrish of the 144th and Brush of the 112th.
They wish to be recorded as present.

Prayer was offered by the Reverend Tegler Greer, Pastor, Nashville United Methodist Church, Nashville, 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.

1128

JOURNAL OF THE HOUSE,

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

By unanimous consent, the following Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:
HB 821. By Representatives Poston of the 3rd, Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act providing a salary for the court reporters of the Lookout Mountain Judicial Circuit, so as to change the method of setting the salary of the court reporters.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 822. By Representatives Bordeaux of the 151st and DeLoach of the 172nd:
A bill to amend Code Section 43-7-12 of the Official Code of Georgia Anno tated, relating to requirements for license to operate a barbershop, so as to change the provisions relating to the requirements for a license to operate a barbershop and to practice barbering as an apprentice.
Referred to the Committee on Industry.

HB 823. By Representatives Williams of the 63rd, Jones of the 71st, O'Neal of the 75th, Polak of the 67th, Baker of the 70th and others:
A bill to amend an Act providing a supplement to the compensation, expenses, and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit, so as to increase the amount of such supplement.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 824. By Representative Watson of the 139th:
A bill to amend Code Section 10-1-410 of the Official Code of Georgia Anno tated, relating to definitions applicable to multilevel distribution companies and the sale of business opportunities, so as to change the definition of the term "business opportunity".
Referred to the Committee on Industry.

HB 825. By Representatives Royal of the 164th and Jamieson of the 22nd:
A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Anno tated, relating to ad valorem taxation of property, so as to change the time when the books of local tax officials are closed for the purpose of making tax returns; to repeal certain provisions with respect to the opening and closing of such books for such purpose in all counties of this state having a popula tion of not less than 81,300 nor more than 89,000 according to the United States decennial census.
Referred to the Committee on Ways & Means.

WEDNESDAY, FEBRUARY 22, 1995

1129

HB 826. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Lumpkin County School Dis trict ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 827. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to add a provision which permits the board of utilities commissioners to elect to participate in a group health insurance plan selected by the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 828. By Representatives Bordeaux of the 151st, Watts of the 26th and Watson of the 139th:
A bill to amend Article 2 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to distribution of profits of crimes, so as to pro vide for the distribution of certain moneys received or to be received by wit nesses, jurors, or prosecuting or defense attorneys as the result of the commission of a crime.
Referred to the Committee on Judiciary.

HB 829. By Representatives Bordeaux of the 151st, Dixon of the 150th, Pelote of the 149th, Thomas of the 148th, Mueller of the 152nd and others:
A bill to repeal an Act creating the Chatham County Recreation Authority and the Georgia International and Maritime Trade Center Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 830. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th, Mueller of the 152nd and Day of the 153rd:
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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 831. By Representative Martin of the 47th:
A bill to change the method of assessing property for taxation, so as to pro vide for assessment according to 100 percent of fair market value; to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, so as to change the method of computing local fair share funds and equalization grants to reflect an increase in the assessed value of tangi ble property; to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, so as to change the assessed value of property.
Referred to the Committee on Ways & Means.

1130

JOURNAL OF THE HOUSE,

HB 832. By Representatives Williams of the 63rd and Davis of the 60th:
A bill to amend Chapter 1 of Title 29 of the Official Code of Georgia Anno tated, relating to general provisions relative to guardian and ward, so as to provide for a direct appeal to the superior courts from an appointment of a guardian ad litem if, after appeal to the appointing judge of the probate court, there remains a dispute between the guardian ad litem and the family of the person for whom such guardian ad litem was appointed.
Referred to the Committee on Judiciary.

HB 833. By Representatives Smith of the 109th and Jenkins of the 110th:
A bill to amend Code Section 53-5-2 of the Official Code of Georgia Anno tated, relating to support of the family in the administration of estates, so as to increase the amount of the year's support.
Referred to the Committee on Judiciary.

HB 834. By Representatives Williams of the 63rd, Evans of the 28th and Davis of the 60th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspec tion and Maintenance Act," so as to provide for exceptions for certain vehi cles from the more stringent requirements being considered by the federal Environmental Protection Agency.
Referred to the Committee on Natural Resources & Environment.

HB 835. By Representatives Williams of the 63rd, Evans of the 28th and Davis of the 60th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Motor Vehicle Emission Inspec tion and Maintenance Act," so as to provide for exceptions for certain vehi cles from the more stringent requirements being considered by the federal Environmental Protection Agency.
Referred to the Committee on Natural Resources & Environment.

HB 836. By Representatives Dobbs of the 92nd, Porter of the 143rd, Jamieson of the 22nd, Stancil of the 91st and Breedlove of the 85th:
A bill to amend Code Section 28-5-85 of the Official Code of Georgia Anno tated, relating to payment of small claims by the Claims Advisory Board, so as to repeal the provisions relating to the payment of any part of any claim which is paid or payable by insurance.
Referred to the Committee on Appropriations.

HB 837. By Representatives Poston of the 3rd, Holland of the 157th, Barnes of the 33rd, Walker of the 141st, Bostick of the 165th and others:
A bill to amend Code Section 45-15-3 of the Official Code of Georgia Anno tated, relating to duties of the Attorney General, so as to change the provi sions relating to the duties of the Attorney General to represent the state in capital felony cases before the Supreme Court.
Referred to the Committee on Judiciary.

WEDNESDAY, FEBRUARY 22, 1995

1131

HB 838. By Representatives Culbreth of the 132nd, Lord of the 121st, Heard of the 89th and Williams of the 114th:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide for the submission of reports by insurers of risk-based capital levels; to provide for the computa tion of risk-based capital levels for various kinds of insurers.
Referred to the Committee on Insurance.

HB 839. By Representatives Snow of the 2nd and Coker of the 31st:
A bill to amend Article 1 of Chapter 7 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions regarding treatment of alcoholics and drug dependent persons, so as to restrict methadone dosages in methadone treatment centers.
Referred to the Committee on Health & Ecology.

HB 840. By Representatives Snow of the 2nd and Streat of the 167th:
A bill to amend Chapter 17 of Title 43 of the Official Code of Georgia Anno tated, the "Georgia Charitable Solicitations Act of 1988," so as to prohibit paid solicitors from soliciting within or from the State of Georgia unless they are registered with the Secretary of State; to provide that accountings of solicitation campaigns by paid solicitors be filed with the Secretary of State.
Referred to the Committee on Industry.

HB 841. By Representative Williams of the 114th:
A bill to amend Article 1 of Chapter 37 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding rehabilitation, reorganization, conservation, and liquidation of insurers, so as to provide offi cial immunity from civil action to receivers responsible for the conduct of a delinquency proceeding under said chapter and their employees.
Referred to the Committee on Insurance.

HB 842. By Representatives Crews of the 78th, Smith of the 175th, Coleman of the 80th, Stephenson of the 25th, Brown of the 130th and others:
A bill to amend Code Section 20-2-157 of the Official Code of Georgia Anno tated, relating to the uniform reporting system for postsecondary enrollment or certain financial assistance, so as to provide for qualifications for students of home study programs for HOPE scholarships.
Referred to the Committee on Education.

HR 386. By Representatives Holmes of the 53rd, Childers of the 13th and Orrock of the 56th:
A resolution creating the House Emergency Medical Services Study Commit tee.
Referred to the Committee on Rules.

1132

JOURNAL OF THE HOUSE,

HR 387. By Representatives Greene of the 158th, Coleman of the 142nd, Lee of the 94th, Buck of the 135th, Parrish of the 144th and others:
A resolution relating to merit increases for all state employees on the same date when supported by a satisfactory performance appraisal rating.
Referred to the Committee on Appropriations.

HR 388. By Representative Holland of the 157th:
A resolution authorizing the conveyance of certain state owned real property located in Worth County.
Referred to the Committee on State Institutions & Property.

HR 400. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may by law authorize local school systems to receive and use proceeds of special purpose county sales and use taxes for capital outlay projects, operating expenses, and other educational purposes and programs.
Referred to the Committee on Ways & Means.

HR 401. By Representatives Poston of the 3rd, Holland of the 157th, Barnes of the 33rd, Walker of the 141st, Porter of the 143rd and others:
A resolution proposing an amendment to the Constitution so as to provide that the Attorney General shall represent the state in the Supreme Court in all capital felony cases in which the death penalty was sought and shall represent the state in any other capital felony cases in which the death pen alty was not sought when a request for assistance has been made by the dis trict attorney.
Referred to the Committee on Judiciary.

HR 404. By Representatives Smith of the 169th, Byrd of the 170th, Mosley of the 171st and Pelote of the 149th:
A resolution urging Georgia's congressional delegation to vote for passage of certain legislation necessary to restore voluntary group prayer to the nation's classrooms.
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 807 HB 808 HB 809 HB 810 unHHrnBB> 808Q111IO123
HB 814
HB 815
HB 816

HB 817 HB 818 HB 819 HB 820 HUHnDKnn *3,Q5,,8Qo,,2Ii
HR 383
HR 384
HR 385

WEDNESDAY, FEBRUARY 22, 1995

1133

SB 7 SB 98 SB 138 SB 145 SB 146
SB 161
OSJBD 118928 SB 231 SB 250 SB 255 SB 299 SB 326

SB 328
SB 338 SB 345 SB 349 SB 364

go 071

SrjRo

4A 4A

&K b/

SR 85

SR 123

SR 132

HB 806

Pursuant to Rule 52, Representative Felton of the 43rd moved that the following Bill of the House be engrossed:

HB 806. By Representatives Felton of the 43rd, Barnes of the 33rd, Holland of the 157th and Walker of the 141st:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to political campaign contributions, so as to change the provisions relating to disclosures of loans, advances, and exten sions of credit; to change the purposes for which campaign contributions may be used.

The motion prevailed.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 400 Do Pass HB 636 Do Pass
Respectfully submitted, /a/ Holmes of the 53rd
Chairman

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

Mr. Speaker:

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

HB 595 Do Pass HB 708 Do Pass HB 709 Do Pass

HB 710 Do Pass, as Amended HR 333 Do Pass SB 289 Do Pass

1134

JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Lord of the 121st
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 509 Do Pass, by Substitute HB 669 Do Pass, by Substitute SB 124 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Dixon of the 168th District, Chairman of the Committee on Regulated Beverages, submitted the following report:

Mr. Speaker:
Your Committee on Regulated Beverages has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 239 Do Pass HB 354 Do Pass, by Substitute
Respectfully submitted, /s/ Dixon of the 168th
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 370 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

Mr. Speaker:

WEDNESDAY, FEBRUARY 22, 1995

1135

Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 415 Do Pass, by Substitute HB 655 Do Pass
Respectfully submitted, /a/ Randall of the 127th
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:
Your Committee on State Planning & Community Affairs - Local Legislation has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 799 Do Pass HB 801 Do Pass HB 803 Do Pass
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:
Your Committee on Ways & Means has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 336 Do Pass, by Substitute SB 29 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, FEBRUARY 22, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 28th Legislative Day as enu merated below:
HB 495 Termination of parental rights; time limit on issuance of order HB 498 Juvenile proceedings; holding facilities for unruly children HB 511 Length of certain loads of wood products; extend HB 520 Abuse of dead body; define offense HB 524 Income tax credit; rural physicians

1136

JOURNAL OF THE HOUSE,

HB 558 Indigent and elderly; Alzheimer's disease; disclosure of information HB 605 County officers; employment of attorneys; fees HB 616 Health insurance; requirements HB 626 Ins agents, subagents, counselors, & adjusters; licensing serv; costs HB 646 Children and Youth Services, Department of; contributions HB 662 Public retirement systems; trustees; invest in corporations HB 670 Corporations; amend provisions
HR 280 Conference of the States; call
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, M Lee of the 94th
Chairman

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

HB 799. By Representatives McClinton of the 68th, McKinney of the 51st, Martin of the 47th, Sinkfield of the 57th, Orrock of the 56th and others:
A bill to amend an Act providing for the establishment of a county-wide library system in Fulton County, so as to change the membership and num ber of members of the library board of trustees.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 801. By Representative Stephenson of the 25th: A bill to provide a new charter for the Town of Arcade.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 803. By Representatives Stancil of the 16th, Pinholster of the 15th 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 change the amount of such exemption.

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

WEDNESDAY, FEBRUARY 22, 1995

1137

Y Ashe Bailey
Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush Buck Y Buckner Bunn Y Burkhalter
YByrd Y Campbell
Y Canty Y Carter Y Chambless
Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Cox Y Crawford

Y Crews Culbreth
Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon,H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin N Greene Y Grindley
Manner Y Harbin Y Harris NHart Y Heard
Heckstall N Hegstrom Y Hembree Y Henson
Holland N Holmes N Howard Y Hudson

Y Hugley Y Irvin N James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce
Kaye Y Kinnamon
Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox YMann N Martin
Y McBee Y McCall E McClinton N McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
N Orrock

E Parham Parrish Parsons
Y Pelote Y Perry
Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B N Randall
Randolph Ray Y Reaves Y Reichert N Roberta Y Rogers Y Royal Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Smith, V

Y Smith, W Smyre Snelling
YSnow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson Y Streat Y Taylor N Teague YTeper N Thomas Y Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs Y Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 127, nays 23. 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:

SB 336. By Senator James of the 35th:
A bill to prohibit the operation of a motor vehicle racetrack within a twomile radius of a preexisting residential neighborhood in Fulton County; to provide for legislative findings; to provide an exception.

SB 357. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said officer.

SB 358. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the compensation of the members of said board.

1138

JOURNAL OF THE HOUSE,

SB 18. By Senators Newbill of the 56th, Farrow of the 54th, Gochenour of the 27th and others:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Anno tated, relating to disposition of campaign contributions, so as to provide that ordinary and necessary expenses do not include payments for campaign ser vices to the candidate or any entity distributing earnings to the candidate.

SB 55. By Senators Johnson of the 1st and Oliver of the 42nd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to add a definition; to pro vide what constitutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel; to limit the duties and liability of certain health care providers and other health care facilities.

SB 95. By Senators Oliver of the 42nd, Farrow of the 54th and Clay of the 37th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the O.C.G.A., relating to peer reivew groups, so as to provide that evaluating the qualifications and professional competence of certain professional health care providers is included within the definition of peer review groups; to provide that the members of the governing board of a corporation or organization operating a health care facililty are included within the definition of professional health care provider.

SB 107. By Senators Scott of the 36th, Henson of the 55th, Slotin of the 39th and others:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change the amounts of fines which may be imposed for littering; to prohibit local ordi nances from fixing penalties for littering which are lower than the penalties specified by state law.

SB 187. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Anno tated, relating to limitation on civil liability of those engaged in equine activ ities, so as to provide for limitation on civil liability of llama activity sponsors, llama professionals, and those engaged in llama activities; to pro vide for intent; to provide for and change definitions; to provide for excep tions; to require the posting of certain warning notices or signs; to require certain notices in contracts.

SB 211. By Senator James of the 35th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the authority of the department of public safety to make licenses readily distinguishable for persons convicted of DUI offenses.

SB 257. By Senator Starr of the 44th:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to the compensation of court bailiffs, so as to increase the maximum authorized compensation for court bailiffs.

WEDNESDAY, FEBRUARY 22, 1995

1139

SB 262. By Senator Oliver of the 42nd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the facilities in which services may be rendered to repay certain loans or scholarships.

SB 280. By Senators Thompson of the 33rd, Cheeks of the 23rd, Perdue of the 18th, Dean of the 31st and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to provide for four-month registration by local Act; to change certain licensing and reg istration deadlines; to amend Article 10 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem purposes.

SB 307. By Senators Perdue of the 18th, Oliver of the 42nd, Edge of the 28th and Ralston of the 51st:
A bill to amend Code Section 19-8-18 of the Official Code of Georgia Anno tated, relating to hearings on and decrees of adoption, so as to provide when such decrees shall not be subject to judicial challenge.

SB 309. By Senator Walker of the 22nd:
A bill to amend Part 3 of Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to change the pro visions relating to definitions and the conditions for substituting generic drugs; to provide the legislative findings and policy.

SB 318. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions of vehicles on public roads, so as to provide for single-trip emergency permits for vehicles and loads in excess of 16 feet wide.

SB 320. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and Marable of the 52nd:
A bill to amend Code Section 40-14-3 of the Official Code of Georgia Anno tated, relating to applications for permits for speed detection devices, so as to provide for approval of speed limits by the Office of Traffic Operations of the Department of Transportation.

SB 331. By Senators Taylor of the 12th, Pollard of the 24th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, so as to provide that the immunity granted to employers under Chapter 9 of Title 34 shall apply to a client of a temporary help con tracting firm or an employee leasing company when workers' compensation benefits are provided by such firm or company or the clients of either.

1140

JOURNAL OF THE HOUSE,

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

SB 18. By Senators Newbill of the 56th, Farrow of the 54th, Gochenour of the 27th and others:
A bill to amend Code Section 21-5-33 of the Official Code of Georgia Anno tated, relating to disposition of campaign contributions, so as to provide that ordinary and necessary expenses do not include payments for campaign ser vices to the candidate or any entity distributing earnings to the candidate.
Referred to the Committee on Judiciary.

SB 55. By Senators Johnson of the 1st and Oliver of the 42nd:
A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Anno tated, regarding orders not to resuscitate, so as to add a definition; to pro vide what constitutes such orders; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel; to limit the duties and liability of certain health care providers and other health care facilities.
Referred to the Committee on Health & Ecology.

SB 95. By Senators Oliver of the 42nd, Farrow of the 54th and Clay of the 37th:
A bill to amend Article 6 of Chapter 7 of Title 31 of the O.C.G.A., relating to peer reivew groups, so as to provide that evaluating the qualifications and professional competence of certain professional health care providers is included within the definition of peer review groups; to provide that the members of the governing board of a corporation or organization operating a health care facililty are included within the definition of professional health care provider.
Referred to the Committee on Health & Ecology.

SB 107. By Senators Scott of the 36th, Henson of the 55th, Slotin of the 39th and others:
A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change the amounts of fines which may be imposed for littering; to prohibit local ordi nances from fixing penalties for littering which are lower than the penalties specified by state law.
Referred to the Committee on Special Judiciary.

SB 187. By Senators Farrow of the 54th and Clay of the 37th:
A bill to amend Chapter 12 of Title 4 of the Official Code of Georgia Anno tated, relating to limitation on civil liability of those engaged in equine activ ities, so as to provide for limitation on civil liability of llama activity sponsors, llama professionals, and those engaged in llama activities; to pro vide for intent; to provide for and change definitions; to provide for excep tions; to require the posting of certain warning notices or signs; to require certain notices in contracts.
Referred to the Committee on Agriculture & Consumer Affairs.

WEDNESDAY, FEBRUARY 22, 1995

1141

SB 211. By Senator James of the 35th:
A bill to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for the authority of the department of public safety to make licenses readily distinguishable for persons convicted of DUI offenses.
Referred to the Committee on Motor Vehicles.

SB 257. By Senator Starr of the 44th:
A bill to amend Code Section 15-12-7 of the Official Code of Georgia Anno tated, relating to the compensation of court bailiffs, so as to increase the maximum authorized compensation for court bailiffs.
Referred to the Committee on Judiciary.

SB 262. By Senator Oliver of the 42nd:
A bill to amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the facilities in which services may be rendered to repay certain loans or scholarships.
Referred to the Committee on University System of Georgia.

SB 280. By Senators Thompson of the 33rd, Cheeks of the 23rd, Perdue of the 18th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for staggered motor vehicle registration over a 12 month period; to provide for four-month registration by local Act; to change certain licensing and reg istration deadlines; to amend Article 10 of Chapter 5 of Title 48 of the Offi cial Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to change the method of evaluation of motor vehicles for ad valorem purposes.
Referred to the Committee on Motor Vehicles.

SB 307. By Senators Perdue of the 18th and Oliver of the 42nd:
A bill to amend Code Section 19-8-18 of the Official Code of Georgia Anno tated, relating to hearings on and decrees of adoption, so as to provide when such decrees shall not be subject to judicial challenge.
Referred to the Committee on Judiciary.

SB 309. By Senator Walker of the 22nd:
A bill to amend Part 3 of Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists, so as to change the pro visions relating to definitions and the conditions for substituting generic drugs; to provide the legislative findings and policy.
Referred to the Committee on Health & Ecology.

1142

JOURNAL OF THE HOUSE,

SB 318. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and others:
A bill to amend Code Section 32-6-28 of the Official Code of Georgia Anno tated, relating to permits for excess weight and dimensions of vehicles on public roads, so as to provide for single-trip emergency permits for vehicles and loads in excess of 16 feet wide.
Referred to the Committee on Transportation.

SB 320. By Senators Thompson of the 33rd, Hill of the 4th, Dean of the 31st and others:
A bill to amend Code Section 40-14-3 of the Official Code of Georgia Anno tated, relating to applications for permits for speed detection devices, so as to provide for approval of speed limits by the Office of Traffic Operations of the Department of Transportation.
Referred to the Committee on Transportation.

SB 331. By Senators Taylor of the 12th, Pollard of the 24th, Madden of the 47th and others:
A bill to amend Article 1 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to workers' compensation, so as to provide that the immunity granted to employers under Chapter 9 of Title 34 shall apply to a client of a temporary help con tracting firm or an employee leasing company when workers' compensation benefits are provided by such firm or company or the clients of either.
Referred to the Committee on Industrial Relations.

SB 336. By Senator James of the 35th:
A bill to prohibit the operation of a motor vehicle racetrack within a twomile radius of a preexisting residential neighborhood in Fulton County; to provide for legislative findings; to provide an exception.
Referred to the Committee on Industry.

SB 357. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, as amended, so as to change the compensation of said officer.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 358. By Senators Starr of the 44th, Thomas of the 10th and Glanton of the 34th:
A bill to amend an Act creating the board of commissioners of Clayton County, as amended, so as to change the compensation of the members of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolution of the House was read:

HR 403. By Representatives Murphy of the 18th and Walker of the 141st

WEDNESDAY, FEBRUARY 22, 1995

1143

A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 5:00 P.M. on Wednesday, February 22, 1995, and reconvene on Monday, February 27, 1995.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 27 may be as ordered by the Senate; and the hour for convening the House on February 27 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 Bailey
Y Baker
Y Bannister
Y Barfoot
Y Bargeron
Y Barnard
Y Barnes
Y Bates
Y Benefield
Y Birdsong
Bordeaux
Y Bostick
Y Breedlove
Y Brooks, D
Y Brooks, T
Y Brown, G
Y Brown, J
Y Brush Buck
Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Culbreth
Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls
Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin
Harris YHart Y Heard Y Heckstall Y Hegstrom
Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein Y Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall E McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V

Y Smith, W Smyre Snelling
YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 161, nays 0. The Resolution was adopted.

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

HR 321. By Representatives White of the 161st, Chambless of the 163rd and Roberts of the 162nd:
A resolution declaring February 23, 1995, as Albany-Dougherty County Day at the State Capitol and inviting the Mayor and representatives of the City of Albany, Dougherty County, and the Albany-Dougherty Chamber of Com merce to appear before the House of Representatives at a time to be deter mined by the Speaker of the House of Representatives.

1144

JOURNAL OF THE HOUSE,

HR 370. By Representative Purcell of the 9th:
A resolution commending Miss Whitney Fuller and inviting her to appear before the House of Representatives at a time to be designated by the Speaker.

The following Resolutions of the House were read and adopted:

HR 405. By Representatives Mosley of the 171st and Byrd of the 170th: A resolution commending Mr. Richard Madray.

HR 406. By Representative Crews of the 78th: A resolution honoring the descendants of William Duncan James and Amie Celestine Thornton James on the occasion of the 75th consecutive family reunion on May 20 and 21, 1995.
HR 407. By Representative Purcell of the 147th: A resolution commending Mr. Earl E. Bazemore, Jr.

HR 410. By Representative Tillman of the 173rd: A resolution commending Risley High School.

HR 414. By Representatives Powell of the 23rd, Murphy of the 18th, Dixon of the 168th, Lee of the 94th and McCall of the 90th:
A resolution honoring Archie Thomas Mauldin.

HR 416. By Representatives Smith of the 169th, Smith of the 175th and Dixon of the 168th:
A resolution commending Honorable Monroe Todd.

The Speaker Pro Tern assumed the Chair.

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

HR 291. By Representative Cox of the 160th: A resolution naming the Bartow Gibson Highway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 96, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HB 76. By Representative Wall of the 82nd:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to make it unlawful to furnish or dissemi nate through a computer network certain information relating to the sale or procurement of drugs or instructions to manufacture drugs.

WEDNESDAY, FEBRUARY 22, 1995

1145

The following Committee substitute was read and adopted:
A BILL
To amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to provide that prohibited training with dangerous weapons and similar devices is prohibited directly, through a writing, or through a computer or computer network; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by striking in its entirety Code Section 16-11-151, relating to prohibited training, and inserting in lieu thereof the following:
"16-11-151. (a) As used in this Code section, the term 'dangerous weapon' has the same meaning as found in paragraph (1) of Code Section 16-11-121. (b) It shall be unlawful for any person to:
(1) Teach, train, or demonstrate to any other person the use, application, or making of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons either directly or through a writing or over or through a computer or computer network if the person teaching, training, or demon strating knows, has reason to know, or intends that such teaching, training, or demon strating will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insurrection; or (2) Assemble with one or more persons for the purpose of being taught, trained, or instructed in the use of any illegal firearm, dangerous weapon, explosive, or incendiary device capable of causing injury or death to persons if such person so assembling knows, has reason to know, or intends that such teaching, training, or instruction will be unlawfully employed for use in or in furtherance of a civil disorder, riot, or insur rection. (c) Any person who violates any provision of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 96, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
Representative Day of the 153rd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 76.
HB 222. By Representatives Purcell of the 147th, Floyd of the 138th, Reaves of the 178th, Hudson of the 156th, Taylor of the 134th and others:
A bill to amend Code Section 15-11-33 of the Official Code of Georgia Anno tated, relating to the findings of the juvenile court on a petition alleging delinquency, unruliness, or depravation and related matters, so as to provide that upon a finding that a male child has committed acts by reason of which he is alleged to be delinquent or unruly, the court shall order such child to obtain or be given a haircut.

1146

JOURNAL OF THE HOUSE,

The following Committee substitute was read:

A BILL
To amend Code Section 15-11-33 of the Official Code of Georgia Annotated, relating to the findings of the juvenile court on a petition alleging delinquency, unruliness, or depriva tion and related matters, so as to provide that upon a finding that a child has committed acts by reason of which he or she is alleged to be delinquent or unruly, the court may include in its order directives relating to the child's health, safety, hygiene, and rehabilita tion; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-33 of the Official Code of Georgia Annotated, relating to the findings of the juvenile court on a petition alleging delinquency, unruliness, or deprivation and related matters, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) Dispositional hearing for delinquent or unruly child. (1) If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he or she is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the pur pose of hearing evidence as to whether the child is in need of treatment, rehabilita tion, or supervision and shall make and file its findings thereon. If the child is to be held in custody at a detention facility between the adjudicatory hearing and the dispo sitional hearing, the court shall conduct the dispositional hearing within 30 days of the adjudicatory hearing. If the dispositional hearing is conducted more than 30 days after the adjudicatory hearing, the court shall make and file written findings of fact explaining the need for the delay. In the absence of evidence to the contrary, evidence sufficient to warrant a finding that acts have been committed which constitute a fel ony is also sufficient to sustain a finding that the child is in need of treatment or rehabilitation. If the court finds that the child is not in need of treatment, rehabilita tion, or supervision, it shall dismiss the proceeding and discharge the child from any detention or other restriction theretofore ordered. (2) If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he or she is alleged to be delinquent or unruly, and the child is placed in a detention center, the court may include in its order such directives deemed necessary for the health, safety, hygiene, or rehabilitation of the child."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Mobley of the 69th moves to amend the Committee substitute to HB 222 as follows:
Page 2, line 14, add after child,
so long as such directives do not violate the religion of such child.

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

N Ashe Bailey Baker
N Bannister Barfoot

N Bargeron Y Barnard N Barnes
Bates N Benefield

N Birdsong Y Bordeaux Y Bostick N Breedlove
Brooks, D

Y Brooks, T Y Brown, G N Brown, J N Brush N Buck

N Buckner N Bunn N Burkhalter Y Byrd N Campbell

WEDNESDAY, FEBRUARY 22, 1995

1147

Y Canty N Carter Y Chambless
Channell Y Childers N Coker N Coleman, B Y Coleman, T
Connell NCox N Crawford
Y Crews N Culbreth
Cummings Y Davis, G N Davis, M
NDay Y DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S
Dobbs N Ehrhart YEpps N Evans N Falls N Felton N Floyd
Godbee N Golden

Y Goodwin Y Greene N Grindley N Hanner Y Harbin N Harris
Hart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes
Howard N Hudson Y Hugley N Irvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J Y Johnston
Jones Y Joyce EKaye N Kinnamon N Klein NLadd Y Lakly

N Lane N Lawrence NLee N Lewis
Lifsey NLord Y Lucas N Maddox NMann Y Martin N McBee N McCall E McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller
O'Neal Y Orrock E Parham
Parrish N Parsons Y Pelote Y Perry
Pinholster Y Polak N Porter Y Poston N Powell

Y Purcell, A Y Purcell, B Y Randall Y Randolph NRay Y Reaves N Reichert Y Roberts N Rogers N Royal N Sanders N Sauder
N Shanahan NShaw Y Sherrill N Shipp Y Simpson Y Sinkfield N Skipper Y Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W
Smyre N Snelling NSnow N Stallings

On the adoption of the amendment, the ayes were 58, nays 95. The amendment was lost.

N Stancil, F Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson N Streat
Taylor Y Teague Y Teper Y Thomas N Tillman N Titus N Towery N Trense
Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson
N Watts Y Westmorland Y Whitaker Y White N Wiles N Williams, B Y Williams, J
Williams, R N Woods N Yates
Murphy, Spkr

Representative Crews of the 78th moved that the House reconsider its action in failing to adopt the Mobley amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Bailey Baker
N Bannister Barfoot
N Bargeron N Barnard N Barnes
Bates N Benefield N Birdsong Y Bordeaux N Bostick N Breedlove
Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush NBuck N Buckner N Bunn N Burkhalter Y Byrd N Campbell N Canty N Carter N Chambless
Channell Y Childers N Coker N Coleman, B
Coleman, T

Connell NCox N Crawford Y Crews N Culbreth Y Cummings Y Davis, G N Davis, M N Day Y DeLoach, B N DeLoach, G YDix Y Dixon, H N Dixon, S
Dobbs N Ehrhart YEpps N Evans Y Falls N Felton N Floyd
Godbee N Golden Y Goodwin Y Greene N Grindley N Hanner N Harbin N Harris
Hart Y Heard Y Heckstall Y Hegstrom

N Hemhree Y Henson Y Holland Y Holmes
Howard N Hudson Y Hugley N Irvin N James N Jamieson Y Jenkins N Johnson, G N Johnson, J
N Johnston Jones
N Joyce EKaye N Kinnamon Y Klein NLadd Y Lakly NLane N Lawrence N Lee N Lewis
Lifsey NLord Y Lucas N Maddox N Mann Y Martin N McBee N McCall

E McClinton
Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller
O'Neal Y Orrock E Parham
Parrish N Parsons
Y Pelote Y Perry
Pinholster Y Polak N Porter
Y Poston N Powell N Purcell, A Y Purcell, B Y Randall Y Randolph
NRay Y Reaves N Reichert Y Roberts N Rogers N Royal N Sanders N Sauder
Scoggins Y Shanahan

N Shaw Y Sherrill N Shipp Y Simpson Y Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W
Smyre N Snelling N Snow N Stallings N Stancil, F
Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat
Taylor Y Teague Y Teper Y Thomas N Tillman N Titus N Towery N Trense
Turnquest Y Twiggs

1148

JOURNAL OF THE HOUSE,

N Walker, L Y Walker, R.L N Wall

N Watson N Watts N Westmorland

Y Whitaker
Y White N Wiles

N Williams, B Y Williams, J N Williams, R

N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 57, nays 97. The motion was lost.

The Committee substitute was adopted.

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

Y Ashe
Bailey
Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless
Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden N Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris Y Hart Y Heard N Heckstall N Hegstrom Y Hembree Y Henson Y Holland N Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce EKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord N Lucas Y Maddox YMann Y Martin Y McBee Y McCall E McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall N Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal N Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L N Stanley, P Y Stephenson Y Street
Taylor N Teague YTeper
Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 144, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

The Speaker assumed the Chair.

HB 563. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for limited liability partnerships.

WEDNESDAY, FEBRUARY 22, 1995

1149

The following Committee substitute was read and adopted:

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for limited liability partnerships; to provide and revise definitions; to provide for limited liability of partners in a limited liability part nership; to provide for exceptions; to conform existing law relating to liability of partners following dissolution of a partnership, relating to the property of a deceased partner, and relating to settlement of accounts between partners after dissolution; to eliminate the requirement of capital accounts or liability insurance for foreign limited liability partner ships and to conform the required submission to the Secretary of State; to authorize use of the designation LLP to signify limited liability partnership; to provide for recording a limited liability partnership election in the office of the clerk of the superior court and for procedures, fees, notice, and cancellation; to provide for legislative intent regarding rec ognition of limited liability partnerships outside the state and state policy that internal affairs of partnerships shall be governed by state law; to provide for changing a partner's duties by the partnership agreement and for exceptions; to provide that a foreign corpora tion or foreign limited liability company merging with a domestic limited partnership or limited liability company need not obtain a certificate of withdrawal in certain circum stances; to change the activities not constituting transacting business in the state for for eign limited partnerships and foreign limited liability companies; to change the purpose of limited liability companies; to authorize the certificate of election filed when an entity becomes a limited partnership to include the date or the date and time the change becomes effective; to authorize the articles of organization or written operating agreement to change the duties of a member; to change the circumstances under which a member who ceases to be a member of a limited liability company is entitled to receive the fair value of the member's interest; to change the circumstances relating to disassociation which cause dissolution of a limited liability company; to eliminate a prohibition against merger of a limited liability company and a corporation in certain circumstances; to change provisions relating to merger approval; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by inserting in Code Section 14-8-2, relating to definitions, a new paragraph to be designated paragraph (7.1) to read as follows:
"(7.1) 'Limited liability partnership' means a partnership formed pursuant to an agreement governed by the laws of this state that has become a limited liability part nership under Code Section 14-8-62 and that complies with Code Section 14-8-63."
SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-8-6, relating to the definition of partnership, and inserting in lieu thereof the following:
"(a) A partnership is an association of two or more persons to carry on as co-owners a business for profit and includes, for all purposes of the laws of this state, a limited lia bility partnership."
SECTION 3. Said title is further amended by striking in its entirety Code Section 14-8-15, relating to liability of partners, and inserting in lieu thereof a new Code section to read as follows:
"14-8-15.
(a) Except as provided in subsection (b) of this Code section, all AH partners are jointly and severally liable for all debts1 a*d obligationSj and liabilities of the partnership. (b) Subject to subsection (c) of this Code section and to any contrary agreement among the partners, a partner in a limited liability partnership is not individually liable or

1150

JOURNAL OF THE HOUSE,

accountable either directly or indirectly by way of indemnification, reimbursement, con tribution, assessment, or otherwise for any debts, obligations, or liabilities of or charge able to the partnership or another partner, whether arising in tort, contract, or otherwise, that are incurred, created, or assumed while such partnership is a limited lia bility partnership, solely by reason of being such a partner or acting or omitting to act in such capacity or otherwise participating in the conduct of the activities of the limited liability partnership. (c) Subsection (b) of this Code section shall not affect the liability of a partner in a lim ited liability partnership or the liability of the limited liability partnership for such partner's own errors, omissions, negligence, malpractice, wrongful acts, incompetence, or misconduct. (d) A partner in a limited liability partnership is not a proper party to a proceeding if the object of the proceeding is to hold such partner liable either directly or indirectly by way of indemnification, reimbursement, contribution, assessment, or otherwise for lia bilities for which such partner is not liable by reason of the provisions of this Code sec tion."
SECTION 4. Said title is further amended by striking in its entirety paragraph (1) of Code Section 14-8-18, relating to rights and duties of partners, and inserting in lieu thereof a new para graph to read as follows:
"(1) Each partner shall be repaid his or her contributions, whether by way of capital or advances to the partnership property and share equally in the profits and surplus remaining after all liabilities, including those to partners, are satisfied; andz except as provided in subsection (b) of Code Section 14-8-15, must contribute towards the losses, whether of capital or otherwise, sustained by the partnership according to his or her share in the profits;".
SECTION 5. Said title is further amended by striking in its entirety Code Section 14-8-34, relating to liability of partners to copartners for actions following dissolution of partnership, and inserting in lieu thereof a new Code section to read as follows:
"14-8-34.
Subject to contrary agreement of the partners, each partner is liable to his or her copart ners for his or her share of any liability created by any partner acting for the partner ship after dissolution as if the partnership had not been dissolved; provided, however, that a partner shall not be liable to the partner acting for the partnership after dissolu tion where:
(1) The dissolution being by act of any partner, the partner acting for the partnership had knowledge of the dissolution; (2) The dissolution being by the death of a partner, the partner acting for the part nership had knowledge or notice of the death; er (3) The dissolution is not by the act or death of a partner; or (4) The liability is for a debt or obligation for which the partner is not liable as pro vided in subsection (b) of Code Section 14-8-15."
SECTION 6. Said title is further amended by striking in its entirety subsection (d) of Code Section 14-8-36, relating to the effect of dissolution of a partnership on the existing liability of partners, and inserting in lieu thereof a new subsection to read as follows:
"(d) The individual property of a deceased partner shall be liable for aH those obliga tions of the partnership incurred while he the deceased partner was a partner and for which he or she was liable under Code Section 14-8-15, but subject to the prior payment of his or her separate debts."
SECTION 7. Said title is further amended by striking in their entirety paragraphs (1) and (4) of Code Section 14-8-40, relating to settlement of accounts between partners after dissolution, and inserting in lieu thereof new paragraphs to read as follows:

WEDNESDAY, FEBRUARY 22, 1995

1151

"(1) The assets of the partnership are: (A) The partnership property; (B) The contributions of the partners necessary for the payment of all the liabilities specified in paragraph {3} (4) of this Code section;"
"(4) Except as provided in subsection (b) of Code Section 14-8-15, (A) The partners shall contribute, as provided by paragraph (1) of Code Section 14-8-lSj the amount necessary to satisfy the liabilities; bat and (B) If if any, but not all, of the partners are insolvent, or, not being subject to pro cess, refuse to contribute, the other partners shall contribute their share of the lia bilities, and, in the relative proportions in which they share the profits, the additional amount necessary to pay the liabilities;".
SECTION 8. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-8-44, relating to the law governing foreign limited liability partnerships, and inserting in lieu thereof a new subsection to read as follows:
"(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 auch foreign limited liability partncrsnip snail nave capital accounts of carry liability insurance of a type tnat ts designed xo cover tnc Kind ot errors, omissions, negligence, incompetence, or malfeasance for which liability is limited by the laws of the jurisdiction andcr which-

SECTION 9. Said title is further amended by striking in their entirety paragraphs (7), (8), and (9) of subsection (a) of Code Section 14-8-45, relating to certificates of authority for foreign lim ited liability partnerships and activities not constituting transacting business in the state, and inserting in lieu thereof the following paragraphs:
"(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; and (8) The name and a business address of a partner who has substantial responsibility for managing its business activities! and

omiaaiona, negligence, incompetence, or malfeasance fef which liability is limited by
ai million "
SECTION 10. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 14-8-48, relating to name of foreign limited liability partnership, and insert ing in lieu thereof a new paragraph to read as follows:
"(1) Must contain the words 'limited liability partnership' (it being permitted to abbreviate the word 'limited' as 'ltd.') or the abbreviation 'L.L.P.' or the designation LLP;".
SECTION 11. Said title is further amended by inserting new Code sections to be designated Code Sec tions 14-8-62, 14-8-63, and 14-8-64 to read as follows:
"14-8-62. (a) To become and to continue as a limited liability partnership, a partnership shall record in the office of the clerk of the superior court of any county in which the partner ship has an office a limited liability partnership election. Such election shall be recorded by such clerk in a book to be kept for that purpose, which may be the book in which are recorded statements of partnership recorded pursuant to Code Section 14-8-10.1, and

1152

JOURNAL OF THE HOUSE,

open to public inspection. As a prerequisite to such filing, the clerk of each such registry may collect a fee in the amount of the fee then allowed for the filing of statements of partnership. A limited liability partnership election shall state:
(1) The name of the partnership, which must comply with Code Section 14-8-63; (2) The business, profession, or other activity in which the partnership engages; (3) That the partnership thereby elects to be a limited liability partnership; (4) That such election has been duly authorized; and (5) Any other matters the partnership determines to include therein. (b) Subject to any contrary agreement among the partners, the election shall be exe cuted by a majority of the partners or by one or more partners authorized to execute an election. (c) A partnership becomes a limited liability partnership at the time of the recording of the election or at such later date or time, if any, as is stated in the election and con tinues to be a limited liability partnership until a cancellation of limited liability part nership election, which states that it has been duly authorized, is: (1) Subject to any contrary agreement among the partners, executed by a majority of the partners or by one or more partners authorized to execute such a cancellation; and (2) Recorded in the office of the clerk of the superior court of each county in which the partnership recorded a limited liability partnership election. (d) The status of a partnership as a limited liability partnership shall not be affected by changes, after the recording of a limited liability partnership election, in the informa tion stated in the election. (e) The fact that a limited liability partnership election has been recorded as required by this Code section is notice that the partnership is a limited liability partnership. (f) If a limited liability partnership is dissolved and its business continued without liqui dation of the partnership's affairs, the new partnership shall succeed to the old partnership's election to become a limited liability partnership and shall continue to be a limited liability partnership until cancellation of such election.
14-8-63.
The name of a limited liability partnership shall contain the words 'limited liability partnership,' it being permitted to abbreviate the word 'limited' as 'ltd.,' or the abbrevi ation 'L.L.P.' or the designation 'LLP' as the last words or letters of its name.
14-8-64.
(a) A partnership, including a limited liability partnership, formed and existing under this chapter, may conduct its business, carry on its operations, and have and exercise the powers granted by this chapter in any state, territory, district, or possession of the United States or in any foreign country. It is the intent of this state that the legal exis tence of limited liability partnerships be recognized outside the boundaries of this state. (b) It is the policy of this state that the internal affairs of partnerships, including lim ited liability partnerships, formed and existing under this chapter, including the liability of partners for debts, obligations, and liabilities of partnerships, shall be subject to and governed by the laws of this state."
SECTION 12. Said title is further amended by striking in its entirety Code Section 14-9-108, relating to indemnification of partners or other persons, and inserting in lieu thereof a new Code sec tion to read as follows:
"14-9-108.
(a) Subject to any limitations expressly set forth in the partnership agreement, a limited partnership may, and shall have the power to, indemnify and hold harmless any partner or other person from and against any and all claims and demands whatsoever, provided that the partnership shall not indemnify any person:
(1) For intentional misconduct or a knowing violation of law; or (2) For any transaction for which the person received a personal benefit in violation or breach of any provision of the partnership agreement.

WEDNESDAY, FEBRUARY 22, 1995

1153

This Code section shall govern limited partnerships to the exclusion of paragraph (2) of Code Section 14-8-18. (b) To the extent that, at law or in equity, a partner has duties including but not lim ited to fiduciary duties and liabilities relating thereto to a limited partnership or another partner:
(1) The partner's duties and liabilities may be expanded, restricted, or eliminated by provisions in the partnership agreement; provided, however, that no such provision shall eliminate or limit the liability of a partner for intentional misconduct or a know ing violation of law or for any transaction for which the partner received a personal benefit in violation or breach of any provision of the partnership agreement; and (2) The partner shall have no liability to the limited partnership or to any other part ner for his or her good faith reliance on the provisions of the partnership agreement, including, without limitation, provisions thereof that relate to the scope of duties including but not limited to fiduciary duties of partners."
SECTION 13. Said title is further amended by inserting in Code Section 14-9-206.1, relating to mergers, a new subsection to be designated subsection (g) to read as follows:
"(g) A foreign corporation or foreign limited liability company authorized to transact business in this state that merges with and into a domestic limited partnership pursuant to this Code section and is not the surviving entity in such merger need not obtain a certificate of withdrawal from the Secretary of State."
SECTION 14. Said title is further amended by striking in their entirety paragraphs (9), (10), (11), (12), and (13) from subsection (b) of Code Section 14-9-902, relating to certificates of authority and activities not constituting transacting business, which read as follows:
"(9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling a subsidiary corporation incorporated in or transacting business within this state; (11) Owning or controlling a general or limited partnership organized or transacting business within this state; (12) Conducting an isolated transaction not in the course of a number of repeated transactions of like nature; or (13) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state.", and inserting in lieu thereof new paragraphs to read as follows: "(9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning directly or indirectly an interest in or controlling directly or indirectly another person organized under the laws of or transacting business within this state."
SECTION 15. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-11-201, relating to purposes of limited liability companies, and inserting in lieu thereof a new subsection to read as follows:
"(b) A limited liability company formed under this chapter has, unless a more limited purpose is set forth in the articles of organization or a written operating agreement, the purpose of engaging in any lawful business k which corporations fe* profit, professional corporations, limited partnerships, er general partnerships feraied h ttits state ay engage activity."
SECTION 16. Said title is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 14-11-212, relating to the election to become a limited liability company, and inserting in lieu thereof a new paragraph to read as follows:

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JOURNAL OF THE HOUSE,

"(3) The effective dateL or the effective date and time2 of such election if later than the date and time the certificate of election is filed;".
SECTION 17. Said title is further amended by striking in their entirety paragraphs (1) and (3) of Code Section 14-11-305, relating to duties, and inserting in lieu thereof new paragraphs to read as follows:
"(1) A member or manager shall act in a manner he or she believes in good faith to be in the best interests of the limited liability company and with the care an ordinar ily prudent person in a like position would exercise under similar circumstances. A member or manager is not liable to the limited liability company, its members, or its managers for any action taken in managing the business or affairs of the limited liabil ity company if he or she performs the duties of his or her office in compliance with this Code section. Except as otherwise provided in the articles of organization or a written operating agreement, a A person who is a member of a limited liability com pany in which management is vested in one or more managers, and who is not a man ager, shall have no duties to the limited liability company or to the other members solely by reason of acting in his or her capacity as a member;" "(3) In the instances described in paragraph (i) (2) of this Code section, a member or manager is not entitled to rely if he or she has knowledge concerning the matter in question that makes reliance otherwise permitted by paragraph (D (2) of this Code section unwarranted; and".
SECTION 18. Said title is further amended by striking in its entirety Code Section 14-11-405, relating to distributions upon the event of dissociation, and inserting in lieu thereof a new Code section to read as follows:
"14-11-405.
Except as otherwise provided in the articles of organization or a written operating agree ment, and subject to Code Section 14-11-407, a member with respect to which an event of dissociation occurs (other than one of the events specified in paragraphs (1), (2)t and (4) of subsection (a) of Code Section 14 2-601 14-11-601) is entitled to receive, within a reasonable time after the occurrence of the event, the fair value of the member's inter est in the limited liability company as of the date of such occurrence, but only if such event does not result in dissolution of the limited liability company."
SECTION 19. Said title is further amended by striking in its entirety paragraph (4) of Code Section 14-11-602, relating to dissolution, and inserting in lieu thereof a new paragraph to read as follows:
"(4) Subject to contrary provision in the articles of organization or a written operating agreement, 90 days after any event of dissociation with respect to any member (other than an event specified in paragraph (1) of subsection (a) of Code Section 14-11-601), unless within such 90 day period the limited liability company is continued by the written consent of all other members or as otherwise provided in the articles of organi zation or a written operating agreement; or".
SECTION 20. Said title is further amended by striking in subsection (b) of Code Section 14-11-702, relating to certificates of authority and activities not considered transacting business in this state, paragraphs (9), (10), (11), and (12), which read as follows:
"(9) Effecting transactions in interstate or foreign commerce; (10) Owning or controlling another person organized under the laws of, or transacting 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.",

WEDNESDAY, FEBRUARY 22, 1995

1155

in their entirety, and inserting in lieu thereof new paragraphs to read as follows: "(9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning directly or indirectly an interest in or controlling directly or indirectly another person organized under the laws of or transacting business within this state."
SECTION 21. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-11-901, relating to mergers, and inserting in lieu thereof a new subsection to read as follows:
"(a) Pursuant to a written agreement, a limited liability company may merge with or into one or more business entities (ether than a corporation) with such limited liability company or other business entity as the agreement shall provide being the surviving lim ited liability company or other business entity."
SECTION 22. Said title is further amended by striking in their entirety subsections (a) and (c) of Code Section 14-11-903, relating to approval of mergers, and inserting in lieu thereof the follow ing subsections:
"(a) A limited liability company party to a proposed merger shall have the plan of merger authorized and approved by the unanimous consent of the members, unless the articles of organization or a written operating agreement of such limited liability com pany provides otherwise. A foreign corporation or limited partnership party to a pro posed merger shall have the plan of merger authorized and approved in accordance with the applicable chapter of this title." "(c) After a merger is authorized, unless the plan of merger provides otherwise, and at any time before articles of merger (as provided for in Code Section 14-11-904) are filed by the Secretary of State, the planned merger may be abandoned (subject to any con tractual rights) in accordance with the procedure set forth in the plan of merger or, if none is set forth, as follows:
(1) By the unanimous consent of the members of each limited liability company that is a constituent entity, unless the articles of organization or a written operating agree ment of any such limited liability company provides otherwise; (2) By each corporation and limited partnership that is a constituent entity in accord ance with the applicable chapter of this title; and (3) By each foreign constituent business entity in accordance with the laws of the state or jurisdiction in which it was organized or formed."
SECTION 23. Said title is further amended by inserting in Code Section 14-11-905, relating to effects of merger, a new subsection to be designated subsection (d) to read as follows:
"(d) A foreign business entity authorized to transact business in this state that merges with and into a limited liability company pursuant to this chapter and is not the surviv ing entity in such merger need not obtain a certificate of withdrawal from the Secretary of State."
SECTION 24. All laws and parts of laws in conflict with this Act are repealed.

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

1156

JOURNAL OF THE HOUSE,

Y Ashe Bailey Baker
Y Bannister Barfoot
Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox
Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris
Hart Y Heard
Y Heckstall Hegstrom
Y Hembree Henson
Y Holland Y Holmes Y Howard
Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon
Y Klein YLadd Y Lakly YLane
Y Lawrence YLee Y Lewis
Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall E McClinton
McKinney Y Mills
Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Streat Y Taylor Y Teague N Teper Y Thomas
Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 155, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 299. By Representative Campbell of the 42nd:
A bill to amend Code Section 9-3-29 of the Official Code of Georgia Anno tated, relating to breach of a restrictive covenant, so as to change the statute of limitations applicable to actions for breach of covenant restricting lands to certain uses.

The following Committee substitute was read and withdrawn:
A BILL
To amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, so as to change the statute of limitations applicable to actions for breach of covenant restricting lands to certain uses; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-29 to read as follows:
"9-3-29. (a) All actions for breach of any covenant restricting lands to certain uses shall be brought within twe four years after the right of action accrues2 excepting violations of

WEDNESDAY, FEBRUARY 22, 1995

1157

set-back lines, which shall be governed bjr subsection (b) of this Code section. 'Fhis Code
building set-back line: (b) In actions for breach of covenant which accrue as a result of the violation of a build ing set-back line, the action shall be brought within two years after the right of action accrues. (c) For the purpose of this Code section, the right of action shall accrue immediately upon the violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Campbell of the 42nd and Walker of the 141st, was read and adopted:

A BILL
To amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, so as to change the statute of limitations applicable to actions for breach for failure to pay assessments or fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to breach of a restrictive covenant, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 9-3-29 to read as follows:
"9-3-29. (a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrueSj excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code sec tion. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line. (b) In actions for breach of covenant which accrue as a result of the failure to pay assessments or fees, the action shall be brought within four years after the right of action accrues. (c) For the purpose of this Code section, the right of action shall accrue immediately upon the violation of the covenant restricting lands to certain uses or the violation of a set-back line provision. This Code section shall not be construed so as to extend any applicable statute of limitations affecting actions in equity."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 97, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

1158

JOURNAL OF THE HOUSE,

Mr. Speaker:

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

SR 256. By Senators Ray of the 19th and Perdue of the 18th: A resolution relative to adjournment.

The following Resolution of the Senate was read:

SR 256. By Senators Ray of the 19th and Perdue 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 Wednesday, February 22, 1995, and reconvene on Monday, February 27, 1995.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on February 27 may be as ordered by the Senate; and the hour for convening the House on February 27 may be as ordered by the House.

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

Ashe Bailey Y Baker Y Bannister Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush
YBuck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans
Y Falls Y Felton Y Floyd
Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Manner
Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom Y Hembree
Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall E McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V

On the adoption of the Resolution, the ayes were 159, nays 0.

Y Smith, W
Y Smyre Y Snelling YSnow Y Slallings Y Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague YTeper Y Thomas
Tillman
Y Titus Y Towery Y Trense
Turnquest
Y Twiggs Y Walker, L Y Walker, R.L YWall
Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

WEDNESDAY, FEBRUARY 22, 1995

1159

The Resolution was adopted.

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

HR 409. By Representatives Epps of the 131st, Heckstall of the 55th, White of the 161st, Lucas of the 124th, Randall of the 127th and others:
A resolution commemorating the establishment of the Town of Cannonville in Troup County, Georgia, and inviting the descendants of William Sherman Cannon to appear before the House of Representatives.

HR 415. By Representatives Henson of the 65th and Teper of the 61st:
A resolution commending the Georgia Commission on the Holocaust and inviting Sylvia Wygoda to appear before the House of Representatives.

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

Mr. Speaker:

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

HB 365 Do Pass, as Amended HB 383 Do Pass, by Substitute HB 406 Do Pass

HB 561 Do Pass, as Amended HB 678 Do Pass SR 122 Do Pass

Respectfully submitted, /a/ 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 287 Do Pass
Respectfully submitted, M Twiggs of the 8th
Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

1160

JOURNAL OF THE HOUSE,

HB 757 Do Pass HB 758 Do Pass HR 334 Do Pass HR 335 Do Pass HR 351 Do Pass HR 376 Do Pass

SB 230 Do Pass SR 102 Do Pass SR 119 Do Pass SR 159 Do Pass SR 160 Do Pass
Respectfully submitted, M Dobbs of the 92nd
Chairman

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

HB 339. By Representative Barnes of the 33rd:
A bill to amend Code Section 19-7-44 of the Official Code of Georgia Anno tated, relating to parties to actions for determination of paternity and guard ians ad litem, so as to delete certain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to par ties to actions for determination of paternity and guardians ad litem, so as to delete cer tain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem; to provide that the court may, in its dis cretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition; to provide for payment; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to actions for determination of paternity and guardians ad litem, is amended by striking sub section (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"\taaj\ rLrl1l-11~* L-111-J11UU aS1V1Cin11ll1 W U^ .1--11^UUJU,. jOi r^^JmUl-fLr_.y.. Tf~O 4L-Vll.tr< U nfdtliUnnll. TTTf f1V41i1r* rCh11il1r1FU Tino O 1m11i1i1m1Up1, 4bjill* rvh*il*Hu
shall be represented by ft guardian ad litem appointed fey the court. If the Department ef- Human Resources is the petitioner, ftd the eetirt determines that ne conflict ef intcrest exists, the court need net appoint a guardian. The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Payment of the guardian ad litem shall be as ordered by the court. Neither the child's mother nor the alleged or presumed father may represent the child as guardian ad litem."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 113, nays 0.

WEDNESDAY, FEBRUARY 22, 1995

1161

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

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

1162

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the House were taken up for consideration and read the third time:
HB 288. By Representatives Snow of the 2nd, Bailey of the 93rd, Perry of the llth and Carter of the 166th:
A bill to amend Code Section 50-5-58 of the Official Code of Georgia Anno tated, relating to cases in which state agencies are not required to make pur chases through the Department of Administrative Services, so as to provide that emergency purchases made during a declared state of emergency by the Georgia Emergency Management Agency need not be made through such department.
The following Committee substitute was read:
A BILL
To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure relative to state pur chasing, so as to provide for purchases during a declared state of emergency; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure relative to state purchasing, is amended by striking in its entirety Code Section 50-5-71, relating to authorization for emergency purchases, and inserting in lieu thereof the following:
"50-5-71. In case of any emergency arising from any unforeseen causes, including delay by con tractors, delay in transportation, breakdown in machinery, er unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services or any other department, institution, or agency of state gov ernment to which emergency purchasing powers have been granted by the Department of Administrative Services shall have power to purchase in the open market any neces sary supplies, materials, or equipment for immediate delivery to any department, insti tution, or agency of the state government. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and lost:
Representative Bunn of the 74th moves to amend the Committee substitute to HB 288 as follows:
P. 1 Line 28, following the word "government" add

WEDNESDAY, FEBRUARY 22, 1995

1163

"when the emergency purchases are for the purpose of providing direct relief to the stated emergency."
The Committee substitute was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Y Ashe Bailey
Y Baker Y Bannister
Barfoot Bargeron Y Barnard Y Barnes
Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Y Brooks, D Brooks, T Brown, G Y Brown, J Y Brush Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Canty Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman. B Coleman, T Y Connell YCox Y Crawford

Y Crews Culbreth Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton
Floyd
Godbee Golden Y Goodwin
Greene Y Grindley
Hanner Y Harbin
Harris
Hart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Irvin James Jamieson
Y Jenkins
Y Johnson, G Y Johnson, ,' Y Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee
McCall E McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish
Y Parsons Y Pelote Y Perry
Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders
Sauder Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Sinktield Y Skipper Y Smith, C Y Smith, C.W Smith, L Y Smith, P Y Smith, T Smith, V

Y Smith, W
Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley,P Stephenson Y Streat Taylor
Y Teague Y Teper Y Thomas
Tillman
Y Titus Y Towery
Y Trense Turnquest
Y Twiggs Walker, L
Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker
White Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 126, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representatives Tillman of the 173rd and James of the 140th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 395. By Representative Connell of the 115th:
A bill to amend Code Section 43-26-38 of the Official Code of Georgia Anno tated, relating to license to practice as a licensed practical nurse by endorse ment and temporary permits for qualified applicants, so as to change the provisions relating to the requirements for licensure applicable to persons from other states or territories of the United States in cases where an appli cant has graduated from an approved program within one year of the date of application or was initially licensed within one year of the date of applica tion.

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JOURNAL OF THE HOUSE,

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

Y Ashe Bailey
Y Baker Y Bannister
Barfoot Bargeron Y Barnard Y Barnes
Y Beneiield Y Birdsong
Bordeaux Bostick Y Breedlove Y Brooks, D Brooks, T Brown, G Y Brown, J Y Brush Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Canty Carter Chambless Y Channell Y Childers Y Coker Y Coleman, B Coleman, T Y Connell YCox Y Crawford

Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon,S
Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Floyd Godbee Golden Y Goodwin Greene Y Grindley Manner Y Harbin Harris Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Holmes Y Howard Y Hudson

Y Hugley Irvin James Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox Y Mann Y Martin Y McBee
McCall E McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote
Y Perry Pinholster
Y Polak Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers
Royal Y Sanders
Sauder Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, P
Smith, T Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F
Stancil, S Stanley, L Stanley, P Stephenson
Y Streat Taylor
Y Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 127, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representatives Buck of the 135th, Tillman of the 173rd and James of the 140th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HB 578. By Representatives Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 2 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, so as to change provisions relating to the state auditor's annual report of salaries and expenses of per sonnel of state government entities.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

WEDNESDAY, FEBRUARY 22, 1995

1165

HB 369. By Representatives McBee of the 88th, Ashe of the 46th, Trense of the 44th, Brooks of the 103rd, Felton of the 43rd and others:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide that insurers issuing individual and group acci dent and sickness policies shall be required to make available coverage for bone marrow transplants for treatment of breast cancer; to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' health insurance plan, so as to require any health insur ance plan for state employees to make available coverage for bone marrow transplants for treatment of breast cancer.

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 that insurers issuing individual and group accident and sickness policies shall be required to make available coverage for bone marrow transplants for treatment of breast cancer; to provide for related matters; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by inserting a new Code Section 33-29-3.3 to read as follows:
"33-29-3.3.
(a) Every insurer authorized to issue individual accident and sickness insurance plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after July 1, 1995, cov erage for bone marrow transplants for the treatment of breast cancer. Such coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (b) The optional endorsement required to be made available under subsection (a) of this Code section shall not contain any exclusions, reductions, or other limitations as to cov erages, deductibles, or coinsurance provisions which apply to bone marrow transplants for the treatment of breast cancer unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (c) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit cor poration, health care plan, health maintenance organization, or other person issuing any similar individual accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an individual accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (d) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for bone marrow transplants for the treatment of breast cancer that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section.

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JOURNAL OF THE HOUSE,

(e) The provisions of this Code section shall apply to individual accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service cor poration, a nonprofit medical service corporation, a health care plan, a health mainte nance organization, or any similar entity."
SECTION 2. Said title is further amended by inserting a new Code Section 33-30-4.4 to read as follows:
"33-30-4.4.
(a) Every insurer authorized to issue group accident and sickness insurance benefit' plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance cover age which are issued, delivered, issued for delivery, or renewed on or after July 1, 1995, coverage for bone marrow transplants for the treatment of breast cancer. Such coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (b) The optional endorsement required to be made available under subsection (a) of this Code section shall not contain any exclusions, reductions, or other limitations as to cov erages, deductibles, or coinsurance provisions which apply to bone marrow transplants for the treatment of breast cancer unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (c) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit cor poration, health care plan, health maintenance organization, or other person issuing any similar group accident and sickness insurance benefit plan, policy, or contract from issu ing or continuing to issue a group accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or con tracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (d) The requirements of this Code section shall be satisfied if the coverage specified in subsections (a) and (b) of this Code section is made available to the master policyholder of the group plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or to make available such coverage to any insured under such group or blanket plan, policy, or contract. (e) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for bone marrow transplants for the treatment of breast cancer that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section. (f) The provisions of this Code section shall also apply to group accident and sickness insurance policies or contracts issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care plan, a health maintenance organization, or any other similar entity."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 369 by adding "and Hodgkin's disease" after "cancer" on lines 5 and 21 of page 1, lines 2 and 21 of page 2, lines 1 and 16 of page 3, and line 1 of page 4.

WEDNESDAY, FEBRUARY 22, 1995

1167

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 116, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 268. By Representatives Orrock of the 56th and Martin of the 47th:
A bill to amend Code Section 24-9-47 of the Official Code of Georgia Anno tated, relating to the disclosure of AIDS confidential information, so as to provide for disclosure of AIDS confidential information to a coroner or medi cal examiner pursuant to a subpoena issued in accordance with Code Section 45-16-27 of the Official Code of Georgia Annotated.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to the authority of a coroner or medical examiner to subpoena information, so as to expressly provide that AIDS confidential information may be subpoenaed; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-16-27 of the Official Code of Georgia Annotated, relating to the authority of a coroner or medical examiner to subpoena information, is amended by striking subsec tion (c) in its entirety and inserting in lieu thereof the following:
"(c) When a coroner or a medical examiner conducts an investigation into the death of an individual, he the coroner or medical examiner shall be authorized to issue subpoenas to compel the production of any books, records, or papers relevant to the cause of death including without limitation AIDS confidential information as defined by Code Section 31-22-9.1. Any books, records, or papers received by the coroner or medical examiner pursuant to the subpoena must be regarded as confidential information and privileged and not subject to disclosure under Article 4 of Chapter 18 of Title 50. The actual costs of copying any books, records, or papers for the purposes of responding to a subpoena under this subsection shall be paid out of county funds to the person or entity required to respond to that subpoena, and the governing authority of the county of which that coroner or county medical examiner is a public officer shall pay those costs within 30 days after a bill therefor is submitted to the county."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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JOURNAL OF THE HOUSE,

HB 524. By Representatives Golden of the 177th, Royal of the 164th, Jamieson of the 22nd, Bates of the 179th, Culbreth of the 132nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes, so as to provide for a tax credit for physicians who choose to practice in rural counties at rural hospitals under certain conditions.
The following Committee substitute was read and adopted:
A BILL
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit for physicians who choose to practice in rural counties at rural hospitals under cer tain conditions; to provide for conditions and limitations; to provide for definitions; to pro vide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by striking Code Section 48-7-29, which reads as follows:
"48-7-29.
Reserved.", and inserting in its place a new Code Section 48-7-29 to read as follows:
"48-7-29.
(a) As used in this Code section, the term: (1) 'Rural county' means a county in this state that has 65 persons per square mile or fewer according to the United States decennial census of 1990 or any future such census. (2) 'Rural physician' means a physician licensed to practice medicine in this state, who practices and resides in a rural county and primarily admits patients to a rural hospital and practices in the fields of family practice, obstetrics and gynecology, pedi atrics, internal medicine, or general surgery. (3) 'Rural hospital' means an acute-care hospital located in a rural county that con tains fewer than 80 beds. (b)(l) A person qualifying as a rural physician shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount not to exceed $5,000.00. The tax credit may be claimed for not more than five years, provided that the physician con tinues to qualify as a rural physician. In no event shall the amount of the tax credit exceed the taxpayer's income tax liability, and any unused tax credit shall not be allowed to be carried forward to apply to the taxpayer's succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (2) No physician who on July 1, 1995, is currently practicing in a rural county shall be eligible to receive the credit provided for in paragraph (1) of this subsection. No credit shall be allowed for a physician who has previously practiced in a rural county, unless, after July 1, 1995, that physician returns to practice in a rural county after having practiced in a nonrural county for at least three years.
(c) The commissioner shall promulgate any rules and regulations necessary to imple ment and administer this Code section."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1996.

WEDNESDAY, FEBRUARY 22, 1995

1169

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

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 103, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 495. By Representative Poston of the 3rd:
A bill to amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to pro vide that all proceedings relevant thereto shall be concluded within one year.

The following Committee substitute was read and adopted:

A BILL
To amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to provide that all proceedings relevant thereto shall be concluded within one year; to provide for exceptions; to provide for related matters; 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. Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by adding a new Code section at the end thereof to be designated Code Section 15-11-93 to read as follows:
"15-11-93. All hearings contemplated by this article shall be conducted in an expedient manner. An order terminating parental rights shall be issued by the juvenile court no later than one year after the filing of the petition required by Code Section 15-11-82, provided that no just cause has been shown for delay. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order."
SECTION 2. This Act shall become effective on July 1, 1995, and shall apply to all petitions for termi nation of parental rights filed on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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JOURNAL OF THE HOUSE,

HB 662. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain public retirement systems may, in addition to their investment authority, invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any for eign country, but only if the corporation has a market capitalization equiva lent to $100 million.

The following Committee substitute was read and adopted:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain public retirement systems may, in addition to their investment authority, invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-2-31, relating to the investment authority of the board of trustees of the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
"47-2-31.
(a) The board of trustees shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securi ties and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; ; providedj however, that:
(1) Such seh power shall be subject to all terms, conditions, limitations, and restric tions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments^ except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; and provided, fvtr-
+I>!II.C,.M_) iH-!i,,n*t 4t-iUiic,.
(2) The board of trustees shall not invest more than 50 percent of retirement system assets in equities. (b) The board of trustees is authorized to employ agents, including, but not limited to, banks or trust departments, and to contract with such agents for their services as invest ment advisors and counselors who will make recommendations for investments and make investments, if the board of trustees so authorizes."
SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-27, relating to the investment authority of the board of trustees of the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
"(a) The members of the board of trustees shall be the trustees of the retirement system and shall have full power to invest and reinvest its assets, subject to all the terms, con ditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurers in the making and disposing of their investmentsz except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only

WEDNESDAY, FEBRUARY 22, 1995

1171

if the corporation has a market capitalization equivalent to $100 million. No more than 50 percent of retirement system assets may be invested in equities. Subject to like restrictions, the board of trustees shall have the power to hold, transfer, and dispose of any investments in which retirement system assets are invested, including proceeds of investments. The board of trustees is authorized to employ agents, including banks and trust companies, to act as investment advisors and make investments if the board of trustees so authorizes."
SECTION 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 47-4-26, relating to the investment authority of the board of trustees of the Public School Employees Retirement System, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments2 except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. The board may not invest more than 50 percent of such funds in equi ties. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 4. Said title is further amended by striking in its entirety Code Section 47-8-4, relating to the power of the board of trustees of the Superior Court Judges Retirement Fund of Geor gia to invest moneys of the fund, and inserting in lieu thereof the following:
"47-8-4.
The trustees of this fund shall have authority to invest any of the moneys received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested any investments which ate legal investments ef trust funds def the tews ef this state."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-9-23, relating to the investment authority of the board of trustees of the Superior Court Judges Retirement System, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their invest ment^ except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 6. Said title is further amended by striking in its entirety subsection (b) of Code Section 47-10-23, relating to the investment authority of the board of trustees of the Trial Judges and Solicitors Retirement Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investmentSj except that the board of trustees may invest in corporations or in obligations of corpora tions organized under the laws of this state or any other state or under the laws of any

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foreign country, but only if the corporation has a market capitalization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the pro ceeds of any investments and any money belonging to the fund."
SECTION 7. Said title is further amended by striking in its entirety Code Section 47-12-23, relating to the power of the board of trustees of the District Attorneys Retirement Fund of Georgia to invest money of the fund, and inserting in lieu thereof the following:
"47-12-23.
The board of trustees shall have authority to invest any of the money received under this chapter in such manner as funds of the Employees' Retirement System of Georgia are invested and reinvested in way investments which afe legal investments of trust funds tmetef the tews ef this state."
SECTION 8. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-13-24, relating to the investment authority of the board of trustees of the District Attorneys' Retirement Fund, and inserting in lieu thereof the following:
"(b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investmentSj except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund."
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 105, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Barnes of the 33rd, Lewis of the 14th, Parsons of the 40th, Wiles of the 34th and Smith of the 175th would like to be recorded as voting "nay" on HB 662.

HB 498. By Representatives Williams of the 83rd, Powell of the 23rd, McKinney of the 51st, Bannister of the 77th, Johnson of the 84th and others:
A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the pro visions relating to when a child may be taken into custody; to change the procedures for taking an unruly child into custody; to authorize counties and municipalities to establish holding facilities for children suspected of being unruly or in violation of local curfew ordinances.

The following Committee substitute was read:

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A BILL
To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change the provisions relating to when a child may be taken into custody; to change the procedures for taking an unruly child into cus tody; to authorize counties and municipalities to establish holding facilities for children suspected of being unruly or in violation of curfew; to provide procedures for such holding facilities; to change the provisions relating to the detention of certain children alleged to be unruly; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (a) of Code Section 15-11-17, relating to when 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 nec essary; Of (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^ (6) By a law enforcement officer or duly authorized officer of the court if a parent or guardian of a child has contacted a law enforcement agency and reported that the child is absent from parental custody without consent and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-19 is available; or (7) By a law enforcement officer or duly authorized officer of the court if a child is violating a local curfew ordinance and a facility created pursuant to paragraph (2) of subsection (e) of Code Section 15-11-19 is available."
SECTION 2. Said article is further amended by striking in its entirety subsection (e) of Code Section 15-11-19, relating to procedure on taking a child into custody, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e)(ll Treatment of unruly child. With respect to a child suspected of being unruly as defined in paragraph (12) of Code Section 15-11-2 or a child who is in violation of a curfew, a person taking such a child into custody shall not exercise custody over the child except for a period of 12 hours. A child taken into custody may be detained in a holding facility for unruly children as provided for in paragraph (2) of this sub section. If a parent or guardian has not assumed custody of the child at the end of such period or if the child has not been brought before the juvenile court or if an intake officer has not made a detention decision, the child shall be released from cus tody. In no case shall such a child in custody be detained in a jail. (2) Counties and municipalities are authorized to establish facilities where a child who is suspected of being unruly or who is in violation of a curfew may be informally

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detained until the parent or guardian assumes custody of the child. Immediately after a child is brought into such a facility, every effort shall be made to contact the parent or guardian of the child. A child shall not be restrained m a cell or other such place apart from other children unless such child engages in disruptive or unruly behavior while at the holding facility."
SECTION 3. Said article is further amended by striking in its entirety subsection (e) of Code Section 15-11-20, relating to place of detention of juvenile offenders, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Allegation of unruliness. A child unruly or alleged to be unruly who has not been released from custody as provided in subsection (e) of Code Section 15-11-19 may be detained or placed in shelter care only in the facilities stated in paragraphs (1) and (2) of subsection (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 hav ing jurisdiction 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 para graph (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."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and lost:

Representative Johnson of the 84th moves to amend the Committee substitute to HB 498 as follows:
Page 3 line 8 after the word guardian insert "post's a $100.00 (One Hundred Dollar) bond and"
Page 3 line 15 after the word facility insert: "all moneys derived as a result of this bond shall be applied toward operating this facility."

The following amendment was read and withdrawn:

Representative Woods of the 32nd moves to amend the Committee substitute to HB 498 by adding following the word and symbol "unruly;" the following:
"to change the provisions relating to orders committing children to the Department of Children and Youth Services and release after such commitment;".
By redesignating Section 4 as Section 5.
By adding between lines 2 and 3 of page 4 the following:
"SECTION 4.
Said article is further amended by striking in its entirety subsection (a) of Code Section 15-11-41, relating to orders of disposition and family reunification, and inserting in lieu thereof the following:

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'(a) Except as otherwise provided by law, an order of disposition committing a delin quent or unruly child to the Department of Children and Youth Services continues in force for twe years or until the child is seeser discharged by the Department ef- Children dud i outn cervices. T lie court wincn. mttcte tne order nifty extend its durfttton tof ftm additional twe years subject te like discharge, tfc
(1) A hearing is held upon motion ef the Department f Children and Youth Services prier te the expiration ef- th erdr; \s/--Weflsonflfjle notice Oi trie iflctxiflt uftsis ot the motion And of tne ne&rin tnd ftfi opportunity te be heard ate given te the child and the parent, guardian, er ether cwstodiftnj ftnet (3) The eottrt finds that the extension is necessary lor the treatment or rchabilitatten
no more than five years. The Department of Children and Youth Services shall release a child from secured confinement in a youth detention center or residential treatment facility before the expiration of the order of commitment only upon the concurrence of the committing court after a hearing upon motion of the department.'".

The following amendments were read and adopted:

Representative Chambless of the 163rd moves to amend the Committee substitute to HB 498 as follows:
Page 2 line 24 strike "local"
Line 25 strike "ordinance".

Representative Teper of the 61st moves to amend the Committee substitute to HB 498 as follows:
Page 1 line 17 after the word "when" insert "a".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 128, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 511. By Representatives Floyd of the 138th, Street of the 167th, Golden of the 177th, Cox of the 160th, Bates of the 179th and others:
A bill to amend Code Section 32-6-24 of the Official Code of Georgia Anno tated, relating to lengths of vehicles and loads, so as to provide that the length of certain loads of wood products may exceed the length of 60 feet without a permit.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, so as to provide that the length of certain loads of wood products may exceed the length of 60 feet; to provide for related matters; to repeal con flicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-6-24 of the Official Code of Georgia Annotated, relating to lengths of vehicles and loads, is amended by striking paragraph (2) of subsection (b) of said Code section in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2)(A) Loads of poles, logs, pilings, lumber, structural steel, timber structural members, piping, and prestressed and precast concrete may exceed the length of 60 feet without requiring a permit when they are single length pieces and no pieces are loaded end to end} btrt a1 A single trip permit shall be required if the total length of such vehicle and load exceeds 75 feet. (B) Loads of unprocessed forest products, including but not limited to poles, logs, ad pilings, and lumber, whether they are single pieces or pieces loaded end to end or overlapping, may be a maximum total length of 60 feet with a maximum length of 41 feet between the kingpin and the center of the rear tandem axles or the rear axle in the case of a single axle. The length of the truck tractor transporting such load shall not affect or be calculated in the maximum total load length. The rear extremity of each load shall be marked with warning flags which meet the require ments set forth in Code Section 40-8-27. Additionally, loads moved at night must be equipped with a red marker light at the rear extremity of such load as provided in Code Section 40-8-27 or with an amber strobe light."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 670. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the definition of the term "entity" as used in Chapter 2 of said title; to change the provi sions relating to articles of incorporation and the contents thereof; to provide for indemnification of directors; to change the provisions relating to corpo rate names.

The following Committee substitute was read and adopted:

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the definition of the term "entity" as used in Chapter 2 of said title; to change the provisions relating to articles of incorporation and the contents thereof; to provide for indemnification of directors; to change the provisions relating to corporate names; to change the provisions relating to the voting entitlement of shares; to provide for quorums of a board of directors; to change the provisions relating to resignation and removal of officers; to change the provisions relating to removal of offi cers or assistant officers; to change the provisions relating to indemnification; to change certain definitions relating to indemnification and provide for an additional definition; to change the provisions relating to authority for indemnification; to change the provisions relating to advances for expenses; to change the provisions that decisions concerning

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advances for expenses are director's conflicting interest actions and shall be subject to cer tain provisions; to change the provisions relating to court ordered indemnification and advances for expenses; to change the provisions relating to determination and authoriza tion of indemnification; to provide for variation by corporations; to change the provisions relating to application of the laws relating to indemnification; to change the provisions relating to close corporations and the application of the Business Corporation Code and the Professional Corporation Act to such close corporations; to change the provisions relat ing to authority of foreign corporations to transact business; to change the provisions relat ing to withdrawal of foreign corporations; to change the provisions relating to corporate names of nonprofit corporations; 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 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended by striking paragraph (9) of Code Section 14-2-140, relating to definitions of terms used in the Business Corporation Code, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) 'Entity' includes corporation and foreign corporation; nonprofit corporation and foreign nonprofit corporation; profit and nonprofit unincorporated association; busi ness trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign lim ited liability company; limited liability partnership and foreign limited liability part nership; and state, United States, and foreign government."
SECTION 2. Said title is further amended by striking subsection (b) of Code Section 14-2-202, relating to articles of incorporation, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The articles of incorporation may set forth: (1) The names and addresses of the individuals who are to serve as the initial direc tors; (2) Provisions not inconsistent with law regarding: (A) The purpose or purposes for which the corporation is organized; (B) Managing the business and regulating the affairs of the corporation; (C) Defining, limiting, and regulating the powers of the corporation, its board of directors, and shareholders; (D) A par value for authorized shares or classes of shares; and (E) The imposition of personal liability on shareholders for the debts of the corpo ration to a specified extent and upon specified conditions; (3) Any provision that under this chapter is required or permitted to be set forth in the bylaws; (4) A provision eliminating or limiting the personal liability of a director to the corpo ration or its shareholders for monetary damages for breach ef duty ef eare ef ether duty any action taken, or any failure to take any action, as a director, provided that e provision shall eliminate or limit the except liability of tt director: (A) For any appropriation, in violation of his or her duties, of any business opportu nity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing viola tion of law; (C) For the types of liability set forth in Code Section 14-2-832; or (D) For any transaction from which the director received an improper personal ben efit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective;
LHCl
(5) A provision that, in discharging the duties of their respective positions and in determining what is believed to be in the best interests of the corporation, the board

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of directors, committees of the board of directors, and individual directors, in addition to considering the effects of any action on the corporation or its shareholders, may consider the interests of the employees, customers, suppliers, and creditors of the cor poration and its subsidiaries, the communities in which offices or other establishments of the corporation and its subsidiaries are located, and all other factors such directors consider pertinent; provided, however, that any such provision shall be deemed solely to grant discretionary authority to the directors and shall not be deemed to provide to any constituency any right to be considered^ and (6) A provision permitting or making obligatory indemnification of a director for lia bility (as defined in paragraph (5) of Code Section 14-2-850) to any person for any action taken, or any failure to take any action, as a director, except liability:
(A) For any appropriation in violation of his or her duties of any business opportu nity of the corporation; (B) For acts or omissions which involve intentional misconduct or a knowing viola tion of law; (C) For the types of liability set forth in Code Section 14-2-832; or (D) For any transaction from which the director received an improper personal ben efit."
SECTION 3. Said title is further amended by striking subsection (b) of Code Section 14-2-401, relating to corporate names of business corporations, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from:
(1) The corporate name of a corporation incorporated or authorized to transact busi ness in this state; (2) A corporate name reserved or registered under Code Section 14-2-402 or 14-2-403; (3) The fictitious name adopted by a foreign corporation authorized to transact busi ness in this state because its real name is unavailable; (4) The corporate name of a nonprofit corporation incorporated or authorized to transact business in this state; and (5) The name of a limited partnership or professional association filed with the Secre tary of Stater; and (6) The name of a limited liability company formed or authorized to transact business in this state."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 14-2-721, relating to voting entitlement of shares, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Except as provided in subsections (b) and (c) of this Code section or unless the articles of incorporation provide otherwise, each outstanding share (other than shares of preferred stock issued or authorized before July 1^ 1989), regardless of class, is entitled to one vote on each matter voted on at a shareholders' meeting. Only shares are entitled to vote. If articles of incorporation have been restated or amended on or after July 1^ 1989, such amendment shall not be deemed to have granted voting rights to holders of preferred shares previously without voting rights unless notice was provided to share holders that such restatement or amendment would cause the holders of preferred shares to have voting rights, and a shareholder vote approved the restatement or amendment."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 14-2-824, relating to quorum and voting by a board of directors, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) Unless this chapter, the articles of incorporation, or bylaws require a greater num ber or unless otherwise specifically provided in this chapter, a quorum of a board of directors consists of:

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(1) A majority of the fixed number of directors if the corporation has a fixed board size; or (2) A majority of the number of directors prescribed or, if no number is prescribed, the number in office immediately before the meeting begins, if the corporation has a variable-range size board."
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 14-2-843, relating to resignation and removal of officers, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A board of directors may remove any officer at any time with or without cause. Unless the bylaws provide otherwise, any officer or assistant officer appointed by an authorized officer pursuant to subsection (b) of Code Section 14-2-840 may be removed at any time with or without cause by any officer having authority to appoint such officer or assistant officer."
SECTION 7. Said title is further amended by striking Code Section 14-2-850, relating to definitions of terms relating to indemnification, and inserting in lieu thereof a new Code Section 14-2-850 to read as follows:
"14-2-850.
As used in this part, the term: (1) 'Corporation' includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon con summation of the transaction. (2) 'Director' or 'officer' means an individual who is or was a director or officer, respectively, of a corporation or an individual who, while a director or officer of ft the corporation, is or was serving at the corporation's request as a director, officer, part ner, trustee, employee, or agent of another foreign or domestic or foreign corporation, partnership, joint venture, trust, employee benefit plan, or other enterprise entity. A director or officer is considered to be serving an employee benefit plan at the corpora tion's request if his or her duties to the corporation also impose duties on, or other wise involve services by, him or her to the plan or to participants in or beneficiaries of the plan. Director or officer includes, unless the context requires otherwise, the estate or personal representative of a director or officer. (3) 'Disinterested director' means a director who at the time of a vote referred to in subsection (c) of Code Section 14-2-853 or a vote or selection referred to in subsection (b) or (c) of Code Section 14-2-855 is not (i) a party to the proceeding, or (ii) an indi vidual having a familial, financial, professional, or employment relationship with the director whose indemnification or advance for expenses in the subject of the decision being made, which relationship would, in the circumstances, reasonably be expected to exert an influence on the director's judgment when voting on the decision being made. 'Expenses' include includes attorneys' fees. 'Liability' means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reason able expenses incurred with respect to a proceeding. {6%6| 'Party' includes means an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. {6)iZl 'Proceeding' means any threatened, pending, or completed action, suit, or pro ceeding, whether civil, criminal, administrative, arbitrative, or investigative and whether formal or informal."
SECTION 8. Said title is further amended by striking Code Section 14-2-851, relating to the authority to indemnify, and inserting in lieu thereof a new Code Section 14-2-851 to read as follows:
"14-2-851.

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(a) Except as otherwise provided in subsections 4d) and (e) ef this Code section, a cor poration may indemnify or obligate itself to indemnify an individual made who is a party to a proceeding because he or she is or was a director against liability incurred in the proceeding if:
(1) He or she he acted in a manner he or she believed in good faith to be in or not opposed to the best interests of the corporation and, in the case of any criminal pro ceeding, he or she had no reasonable cause to believe his or her conduct was unlawful;] or (2) He or she engaged in conduct for which broader indemnification has been made permissible or obligatory under a provision of the articles of incorporation (as autho rized by paragraph (6) of subsection (b) of Code Section 14-2-202), or in any other manner authorized by Code Section 14-2-856. (b) A director's conduct with respect to an employee benefit plan for a purpose he or she believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of paragraph (1) of subsection (a) of this Code section. (c) The termination of a proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct set forth in paragraph (1) of subsection (a) of this Code section. (d) Unless ordered by a court under paragraph (3) of subsection (a) of Code Section 14-2-854, a A corporation may not indemnify a director under this Code section: (1) In connection with a proceeding by or in the right of the corporation in which the director was adjudged liable to the corporation; or (2) In connection with any other proceeding in which he or she was adjudged liable on the basis that personal benefit was improperly received by him or her. (e) Indemnification permitted under this Code section in connection with a proceeding by or in the right of the corporation is limited to reasonable expenses incurred in con nection with the proceeding."
SECTION 9. Said title is further amended by striking Code Section 14-2-853, relating to advances for expenses, and inserting in lieu thereof a new Code Section 14-2-853 to read as follows:
"14-2-853.
(a) A corporation may pay for or reimburse the reasonable expenses incurred by a direc tor who is a party to a proceeding in advance of final disposition of the proceeding if:
(1) The director furnishes the corporation a written affirmation of his or her good faith belief that he or she has met the standard of conduct set forth in paragraph (1) of subsection (a) of Code Section 14-2-851; and (2) The director furnishes the corporation a written undertaking, executed personally or on his or her behalf, to repay any advances if it is ultimately determined that he or she is not entitled to indemnification under this part. (b) The undertaking required by paragraph (2) of subsection (a) of this Code section must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to the financial ability of the director to make repay ment. (c) Decisions concerning advances for expenses are director's conflicting interest transac tions and shall be subject to the provisions of Code Sections 14-2-860 through 14-2-863."
SECTION 10. Said title is further amended by striking Code Section 14-2-854, relating to court ordered indemnification and advances for expenses, and inserting in lieu thereof a new Code Sec tion 14-2-854 to read as follows:
"14-2-854.
(a) Unless a corporation's articles of incorporation provide otherwise, a director ef the corporation who is a party to a proceeding because he or she is a director may apply for indemnification or advances for expenses to the court conducting the proceeding or

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to another court of competent jurisdiction. After On receipt of an application the eeart and after giving any notice the eeert it considers necessary may order indemnification or advances for expenses tf it determines the court shall:
(1) Order indemnification if the court determines that the ?% director is entitled to mandatory indemnification under Code Section 14-2-852; i which ease the eeart shaft afee orde* the corporation to pay the director's reasonable expenses incurred to ebtei eeart ordered indemnification; (2) Order indemnification or advance for expenses if the court determines that the !Fhe director is fairly and reasonably entitled to indemnification in view of all the rele vant circumstances, whether or not he or she met the standard of conduct set forth in subsection (a) of Code Section 14-2-851 or was adjudged liable as described in sub section (d) of Code Section 14-2-851, but if he or she was adjudged so liable his or her indemnification is limited to reasonable expenses incurred unless the articles of incorporation or a bylaw, contract, or resolution approved or ratified by the sharehold ers pursuant to Code Section 14-2-856 provides otherwise; or (3) In the case of advances for expenses, the director is entitled, pursuant to the arti cles of incorporation, bylaws, or any applicable resolution or agreement, to payment or reimbursement of his or her reasonable expenses incurred as a party to a proceed ing in advance of final disposition of the proceeding. (b) If the court determines that the director is entitled to indemnification under para graph (1) of subsection (a) of this Code section or to indemnification or advance for expenses under paragraph (2) of subsection (a) of this Code section, it shall also order the corporation to pay the director's reasonable expenses incurred in connection with obtaining court ordered indemnification or advance for expenses. If the court determines that the director is entitled to indemnification or advance for expenses under paragraph (3) of subsection (a) of this Code section, it may also order the corporation to pay the director's reasonable expenses to obtain court ordered indemnification or advance for expenses."
SECTION 11. Said title is further amended by striking Code Section 14-2-855, relating to determination and authorization of indemnification, and inserting in lieu thereof a new Code Section 14-2-855 to read as follows:
"14-2-855.
(a) A corporation may not indemnify a director under Code Section 14-2-851 unless authorized thereunder and a determination has been made i the for a specific ease pro ceeding that indemnification of the director is permissible in the circumstances because he or she has met the standard of conduct set forth in subsection (a) of Code Section 14-2-851. (b) The determination shall be made:
(1) By th feeafd of directors by majority vote ef a quorum consisting of directors et at the time parties te the proceeding If there are two or more disinterested directors, by the board of directors by a majority vote of all the disinterested directors (a major ity of whom shall for such purpose constitute a quorum), or by a majority of the mem bers of a committee of two or more disinterested directors appointed by such a vote; (2) If a quorum cannot be obtained under paragraph {1} ef this subsection, fey majori*y vote of ft comHIittee duly desi^osted oy Lite DO&PU of directOPS \in wiiicii designs.TM tie directors who are parties stay participate), consisting solely of two or mere directors et at the time parties te the proceeding; {3>(2) By special legal counsel:
(A) Selected by the beard ef directors er its committee in the manner prescribed in paragraph (1) er {3} of this subsection; or (B) If the board of directors or a committee is unable to act in the manner pre scribed by paragraph (1) a quorum ef the board ef directors cannot be obtained wwtef paragraph 41} ef this subsection nd a committee cannot fee designated def paragraph {) of this subsection, selected by majority vote of the full board of direc tors (in which selection directors who are parties do not qualify as disinterested directors may participate); or

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By the shareholders, but shares owned by or voted under the control of deeters a director who are at the time parties te the proceeding does not qualify as a dis interested director may not be voted on the determination. (c) Authorization of indemnification or an obligation to indemnify and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if there are fewer than two disinterested directors, the determination is made by special legal counsel, authorization of indemnifi cation and evaluation as to reasonableness of expenses shall be made by those entitled under paragraph {3} (2) of subsection (b) of this Code section to select special legal counsel."
SECTION 12. Said title is further amended by striking Code Section 14-2-859, relating to application of Part 5 of Article 8 of Chapter 2 of said title, and inserting in lieu thereof a new Code Sec tion 14-2-859 to read as follows:
"14-2-859.
(a) A provision treating a corporation's indemnification of or advance for expenses to directors that is contained in its articles of incorporation, bylaws, a resolution of its shareholders or board of directors, or in a contract or otherwise, is valid only if and to the extent the provision is consistent with this part. If articles of incorporation limit indemnification or advance for expenses, indemnification and advance for expenses are valid only to the extent consistent with the articles. (b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the cor poration, pertaining to conduct with respect to the predecessor, unless otherwise specifi cally provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the corporation in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by_ paragraph (3) of subsection (a) of Code Section 14-2-1106. (c) A corporation may, by a provision in its articles of incorporation, or in any other manner authorized by Code Section 14-2-856, limit any of the rights to indemnification or advance for expenses created by or pursuant to this part; provided, however, that no such limitation shall apply to any right to indemnification of a director for any action taken, or any failure to take any action, prior to the time of the enactment of such limi tation.
This part does not limit a corporation's power to pay or reimburse expenses incurred by a director or an officer in connection with his or her appearance as a witness in a proceeding at a time when he or she is has not been made a named defendant ei respondent te the proceeding a party."
SECTION 13. Said title is further amended by striking subsection (b) of Code Section 14-2-901, relating to application of the Business Corporation Code and the Professional Corporation Act to close corporations, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) This article applies to a professional corporation organized under Chapter 7 of this title, known as the 'Georgia Professional Corporation Act,' whose articles of incorpora tion contain the statement required by Code Section 14-7-3, except insofar as the 'Geor gia Professional Corporation Act' contains inconsistent provisionSj if such professional corporation's articles of incorporation also contain the statement required by subsection (a) of Code Section 14-2-902."
SECTION 14. Said title is further amended by striking subsection (b) of Code Section 14-2-1501, relating to authority of a foreign corporation to transact business in this state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The following activities, among others, do not constitute transacting business within the meaning of subsection (a) of this Code section:

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(1) Maintaining or defending any action or any administrative or arbitration proceed ing or effecting the settlement thereof or the settlement of claims or disputes; (2) Holding meetings of its directors or shareholders or carrying on other activities concerning its internal affairs; (3) Maintaining bank accounts, share accounts in savings and loan associations, custo dian or agency arrangements with a bank or trust company, or stock or bond broker age accounts; (4) Maintaining offices or agencies for the transfer, exchange, and registration of its securities or appointing and maintaining trustees or depositories with respect to its securities; (5) Effecting sales through independent contractors; (6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance without this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation; (7) Making loans or creating or acquiring evidences of debt, mortgages, or liens on real or personal property, or recording same; (8) Securing or collecting debts or enforcing any rights in property securing the same; (9) Owning, without more, real or personal property; (10) Conducting an isolated transaction not in the course of a number of repeated transactions of a like nature; (11) Effecting transactions in interstate or foreign commerce; (12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws of this state; or (13) Owning aftd controlling a subsidiary corporation incorporated in er transacting business within this state; er Owning (directly or indirectly) an interest in or control ling (directly or indirectly) another person organized under the laws of, or transacting business within, this state. (14) Acting as a general partner of- a limited partnership organized tinder this titte or qualified te de business within this state as a foreign limited partnership."
SECTION 15. Said title is further amended by striking subsection (a) of Code Section 14-2-1520, relating to withdrawal of a foreign corporation, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) A foreign corporation authorized to transact business in this state may not with draw from this state until it obtains a certificate of withdrawal from the Secretary of State. A foreign corporation authorized to transact business in this state that merges with and into a domestic corporation pursuant to Code Section 14-2-1107 and is not the surviving corporation in such merger need not obtain a certificate of withdrawal from the Secretary of State."
SECTION 16. Said title is further amended by striking subsection (b) of Code Section 14-3-401, relating to corporate name of a nonprofit corporation, and inserting in lieu thereof a new subsec tion (b) to read as follows:
"(b) Except as authorized by subsections (c) and (d) of this Code section, a corporate name must be distinguishable upon the records of the Secretary of State from:
(1) The corporate name of an incorporated organization, whether for profit or not for profit, incorporated or authorized to transact business in this state; (2) A corporate name reserved or registered under this chapter or Chapter 2 of this title; (3) The fictitious name adopted by a foreign corporation authorized to transact busi ness in this state because its real name is unavailable; and (4) The name of a limited partnership or professional association reserved or filed with the Secretary of State under Chapter 9 of this title^ and (5) The name of a limited liability company formed or authorized to transact business in this state."

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SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 626. By Representatives Heard of the 89th, Hugley of the 133rd, Shipp of the 38th, Bannister of the 77th, Rogers of the 20th and others:
A bill to amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, so as to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into certain agreements for services and to negotiate charges therefor.

The following Committee substitute was read and adopted:

A BILL
To amend Article 1 of Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, so as to repeal certain provisions relating to fees for certificates; to authorize the Commissioner to enter into cer tain agreements for services and to negotiate charges therefor; to provide for the payment of costs and fees for certain services; 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 23 of Title 33 of the Official Code of Georgia Annotated, relating to insurance agents, subagents, counselors, and adjusters, is amended by striking Code Sec tion 33-23-11, relating to the issuance and contents of licenses and display certificates, and inserting in lieu thereof a new Code Section 33-23-11 to read as follows:
"33-23-11.
(a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter. (b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered, and the other conditions of licensing. (c) Upon the request of a licensee under this chapter, the Commissioner shall provide a certificate of licensure which shall be suitable for display at the business premises of the licensee. The Commissioner shall provide by rule or regulation the application proce dures for the certificate^ and the form and content of the certificate; ad fee for the certificate which shall approximate the administrative costs incurred k the preparation and issuance or sucn certificate} provided, nowcvcr, tnat sucn cost snail not exceed
fl>gg QQ
(d) The Commissioner shall have the authority to enter into agreements with persons for the purposes of providing licensing testing, administrative, record keeping, printing, mounting, and other services related to the administration of the Commissioner's duties under this chapter and to set appropriate charges by rule or regulation to cover the costs of such services which shall be in addition to the fees otherwise provided for in this title and shall be paid directly to the providers of such services. The Commissioner may

WEDNESDAY, FEBRUARY 22, 1995

1185

require applicants for licenses to pay such charges for licensing testing and for the cost of the printing and mounting of a certificate of licensure which is suitable for display directly to the provider of such services. The Commissioner may require insurers to pay such charges for administrative, record keeping, and other services provided for in this subsection directly to the provider of such services in proportion to the number of their authorized agents."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 558. By Representatives Sherrill of the 62nd, Lucas of the 124th, Davis of the 48th and Randolph of the 72nd:
A bill to amend Chapter 8 of Title 31 of the Official Code of Georgia Anno tated, relating to care and protection of indigent and elderly patients, so as to provide for disclosure by entities, facilities, programs, services, or instru mentalities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or activities for persons with a probable diagnosis of Alzheimer's disease or related disorders.

The following Committee substitute was read and adopted:

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 written disclosure by entities, facilities, programs, services, and by instrumentalities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or services for persons with a probable diagnosis of Alzheimer's disease or related disorders of certain information relating to philosophy, placement, transfer, dis charge, assessment, care planning, implementation of care plans, staff patterns and train ing, physical environment, activities for residents, the family's role in care, and program costs; to provide for a standard disclosure form and for updating and to authorize review; to provide that a failure to disclose is a violation of the Fair Business Practices Act of 1975; to provide for remedies; 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 8 of Title 31 of the Official Code of Georgia Annotated, relating to care and pro tection of indigent and elderly patients, is amended by inserting a new article to be desig nated Article 7 to read as follows:
"ARTICLE 7
31-8-180.

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(a) Any entity, facility, program, service, or any instrumentality of the state or of a political subdivision of the state which advertises, markets, offers to provide or provides specialized care, treatment, or services for one or more persons with a probable diagnosis of Alzheimer's disease or any related disorder shall disclose the form of care, treatment, or services provided in addition to that care, treatment, and services provided to other persons or required by the rules and regulations of the department for licensure or which distinguish that entity, facility, program, service, or that instrumentality of the state or of a political subdivision of the state as being especially applicable to or suitable for a person with Alzheimer's disease or a related disorder. (b) The disclosure required by subsection (a) of this Code section shall be made in writ ing to any person seeking information concerning placement in or services from the entity, facility, program, service, or the instrumentality of the state or of a political sub division of the state. (c) With input from persons and organizations with experience or expertise regarding care, treatment, or services for persons who have Alzheimer's disease or any related dis order, the department shall develop a standard disclosure form. The disclosure shall be made on such form. The entity, facility, program, service, or the instrumentality of the state or a political subdivision of the state shall revise the disclosure form whenever sig nificant changes are made.
31-8-181. The disclosure required by Code Section 31-8-180 shall explain the additional care and treatment provided in each of the following areas:
(1) The overall philosophy and mission of the entity, facility, program, service, or of the instrumentality of the state or of a political subdivision of the state which reflects the needs of patients or residents afflicted with Alzheimer's disease or any related dis order; (2) The processes and criteria for the placement, transfer, or discharge of patients or residents from the entity, facility, program, service, or from the instrumentality of the state or of a political subdivision of the state; (3) The processes used for assessment, establishment, and implementation of the plan of care, including the method by which the plan of care evolves and is responsive to changes in the patient's, resident's, or participant's condition; (4) Staffing patterns, staff training, and continuing education practices; (5) The physical environment and design features appropriate to support the func tioning of cognitively impaired adult patients, residents, or participants; (6) The frequency and types of activities for patients, residents, or participants; (7) The involvement of the entity, facility, program, service, or of the instrumentality of the state or of a political subdivision of the state with families and family support programs; and (8) The cost of the special care, treatment, or activity and any additional fees.
31-8-182. (a) Failure to provide disclosure as required by this article or failure to provide the spe cialized care, treatment, or services listed in the disclosure shall be considered a viola tion of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' and all public and private remedies available under such part shall be available with regard to a violation of this article. (b) The department may review the disclosure required by this article to determine if the entity, facility, program, service, or the instrumentality of the state or subdivision of the state provides the specialized care, treatment, or services listed in the disclosure form.
(1) Failure to provide the specialized care, treatment, or services listed in the disclo sure required by this article may constitute a violation of licensing requirements for an entity, facility, program, service, or an instrumentality of the state or subdivision of the state which is licensed by the department. (2) Failure to provide the specialized care, treatment, or services listed in the disclo sure required by this article may constitute a violation of any contractual agreement

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1187

that is entered into by the department with any entity, facility, service, or with any instrumentality of the state or a political subdivision of the state, including subcon tractors."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 109, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 646. By Representatives Sinkfield of the 57th and McBee of the 88th:
A bill to amend Code Section 49-4A-7 of the Official Code of Georgia Anno tated, relating to powers and duties of the Department of Children and Youth Services, so as to provide for solicitation, acceptance, and use of dona tions, contributions, and gifts by the department; to provide that grants, devises, and bequests of property may be held by the department on behalf of the state.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 96, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

HB 616. By Representatives Lord of the 121st, Culbreth of the 132nd, Henson of the 65th, Towery of the 30th, Heard of the 89th and others:
A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, so as to provide for definitions; to provide requirements for health insurance poli cies; to provide for the modification of certain health insurance contracts; to impose certain requirements on health insurers.

The following Committee substitute was read and withdrawn:

A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with regard to insurance, so as to provide that an insurable interest shall automatically convey to a corporation under certain circumstances; to pro vide that a corporation that acquires an existing corporation may effectuate insurance upon the employees of the acquired corporation; to provide for statutory construction; to provide for definitions; to provide for the modification of certain health insurance con tracts; to impose certain requirements on health insurers; to provide requirements for pre existing condition provisions in individual and group policies of accident and sickness insurance; to provide for continuation of coverage; to provide for portability requirements; to authorize rules and regulations to provide for applicability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by striking Code Section 33-24-3, relat ing to the insurable interest, and inserting in lieu thereof a new Code Section 33-24-3 to read as follows:
"33-24-3.
(a) An insurable interest, with reference to personal insurance, is an interest based upon' a reasonable expectation of pecuniary advantage through the continued life, health, or bodily safety of another person and consequent loss by reason of his such person's death or disability or a substantial interest engendered by love and affection in the case of individuals closely related by blood or by law. (b) An individual has an unlimited insurable interest in his or her own life, health, and bodily safety and may lawfully take out a policy of insurance on his own life, health, or bodily safety and have the policy made payable to whomsoever he such individual pleases, regardless of whether the beneficiary designated has an insurable interest. (c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any con tractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compen sation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or simi lar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or bene ficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. (c.l) The insurable interest pursuant to subsection (c) of this Code section shall auto matically convey to a corporation which has acquired or acquires an existing corporation by purchase, merger, or otherwise. (d) An insurable interest must exist at the time the contract of personal insurance becomes effective but need not exist at the time the loss occurs. (e) Any personal insurance contract procured or caused to be procured upon another individual is void unless the benefits under the contract are payable to the individual insured or his such individual's personal representative or to a person having, at the time when the contract was made, an insurable interest in the individual insured. In the case of a void contract, the insurer shall not be liable on the contract but shall be liable to repay to the person or persons who have paid the premiums all premium payments without interest. (f) A charitable institution as defined under Sections 501(c)(3), 501(c)(6), 501(c)(8), and 501(c)(9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 33-24-6, relating to consent of insured to the insurance contract, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) No life or accident and sickness insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and sickness insurance,

WEDNESDAY, FEBRUARY 22, 1995

1189

shall be made or effectuated unless at the time of the making of the contract the indi vidual insured, being of competent legal capacity to contract, applies for a life or acci dent and sickness insurance contract or consents in writing to the contract, except in the following cases:
(1) A spouse may effectuate insurance upon the other spouse; (2) Any person having an insurable interest in the life of a minor or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to the minor; (3) An application for a family policy may be signed by either parent, by a steppar ent, or by husband or wife; (4) A publicly owned corporation may effectuate insurance upon its employees in whom it has an insurable interest; or (5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are to be provided, if the insurance contract or contracts held by the corporation or the trustee cover at least 100 employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the group^ or (6) A corporation which has acquired or acquires an existing corporation by purchase, merger, or otherwise may effectuate insurance upon the employees of the acquired corporation."
SECTION 3. Said article is further amended by adding a new Code section, to be designated Code Sec tion 33-24-56 to read as follows:
"33-24-56.
(a) As used in this Code section, the term: (1) 'Group accident and sickness insurance' means insurance, excluding group disabil ity income policies, as defined in Code Section 33-30-1. (2) 'Guaranteed renewable' means the right of an insured to continue the health insurance coverage in force by the timely payment of premiums. (3) 'Insurer' means a health insurance entity licensed or registered under Chapter 3, 14, 15, 18, 19, 20, 21, 40, or 41 of this title or any entity that would be licensed or registered under such chapters if such entity were doing business in this state or any other risk-bearing health care entity. (4) 'Policy' means a policy as defined in paragraph (1) of Code Section 33-24-1. (5) 'Portability' means a provision in each policy and certificate that provides access to a seamless health insurance policy if an insured changes employers, policies, or insurers or enters or leaves the job market without any void in coverage. (6) 'Qualifying previous coverage' or 'qualifying existing coverage' means benefits or coverage provided under: (A) A group accident and sickness policy or similar employer based coverage, excluding plans formed under the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq., that provides benefits similar to or exceeding benefits provided under the subsequent health policy; or (B) An individual accident and sickness insurance policy or similar arrangement, including coverage issued by a health maintenance organization, hospital or medical service organization, health care plan, or fraternal benefit society, that provides ben efits similar to or exceeding benefits provided under the subsequent health policy. (7) 'Seamless health insurance policy' means one of three comprehensive individual health benefit plans developed by each insurer that must be approved by the commis sioner as being consistent with the purposes of this Code section. (b)(l) No individual health insurance policy and no group health insurance policy providing comprehensive hospital or medical benefits shall be issued in the state

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unless such policy complies with all the requirements of this Code section and is guar anteed renewable. (2) Once accepted for coverage, an individual or group cannot be terminated by the insurer due to claims experience. (3) The only allowable reasons for termination of individual or group coverage are:
(A) The failure of the insured to make timely payment of premiums; (B) Fraudulent statements made during the application for coverage; or (C) When the covered individual becomes eligible for medicare, but not sooner than age 65; provided, however, that a spouse or dependent of such covered individual must have the right to purchase coverage for his or her own benefit. (c) Group policies shall provide for portability of coverage to any individual whose employment is terminating, regardless of the reason for termination of employment, or who has exhausted the benefits available to such individual under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), et seq., and who is a resident of this state. If coverage of the spouse ceases in the event of divorce between the insured parties, the surviving or divorced spouse shall be entitled to portability of coverage upon such qualifying event or upon exhaustion of the benefits available to him or her under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), et seq. (d) The coverage available through portability is a seamless health insurance policy that
is closest in benefits to the insured's qualifying previous coverage or qualifying existing coverage, unless the insured requests a seamless plan at a lesser benefit level due to cost
considerations. (e) If a group policy is terminated for any reason, all insured employees, members, or enrollees and their covered dependents shall have the right to purchase an individual policy from the group insurer subject to the residency requirements provided in subsec tion (c) of this Code section. The individual policy shall provide benefits identical to or
substantially similar to those provided under the terminated group policy unless the insured requests a lesser benefit plan due to cost considerations. Continuation and con version rights in accordance with Code Section 33-24-21.1 shall be available for termi
nating individuals who are not residents of this state or who are covered dependents of nonresidents of this state. (f) Coverage extends to an insured who receives medical care outside of this state in accordance with the insurer's policies for out-of-state or out-of-network provisions.
(g) An insurer shall provide in the group policy, contract, and certificate written notice of the right of portability of coverage and shall notify the employer or policyholder and the remitting agent, if any, at the time of commencement of coverage of the importance
of the notification of the portability of coverage to each covered employee or member and the spouse of the employee or member as prescribed by the commissioner by rule or regulation. (h) Notwithstanding any other provision of this title which may be construed to the
contrary, whenever an insured employee, member, or enrollee moves from one group or individual policy of accident and sickness insurance to another such plan, provisions rel ative to preexisting conditions shall be subject to the provisions of this Code section.
(i) All group policies of accident and sickness insurance providing comprehensive hospi tal and medical benefits shall provide that any newly eligible employee, member, enrollee, or dependent who has qualifying previous coverage or qualifying existing cover
age within the previous 90 days shall be covered immediately without medical under writing. (j) All group and individual accident and sickness policies shall not include a limitation
for preexisting conditions in excess of 12 months following the effective date of the qual ifying previous coverage if coverage is not interrupted by a period of more than 90 days and shall only apply to those preexisting conditions initially excluded under the terms
of the qualifying previous coverage. If there are gaps in coverage of not more than 90 days in duration from the effective date of the qualifying previous coverage, only the time served under the qualifying previous coverage will be credited towards satisfying the preexisting condition limitation. If the benefits of the qualifying previous coverage
are not substantially similar, the credit shall apply to the extent of the prior coverage.

WEDNESDAY, FEBRUARY 22, 1995

1191

(k) It shall be the responsibility of the insured employee, individual, member, or enrollee to provide the insurer information with respect to prior coverage, preexisting limitations, and previous insurers. If this information is not provided within 90 days of coverage or if the information is not available, the insurer may apply a 12 month preex isting condition exclusion provision. The prior insurer shall provide, once requested, a succeeding insurer with the information necessary to comply with this Code section. (1) The credit for coverage under a previous policy towards the satisfaction of a preexist ing condition limitation shall apply to a surviving or divorced spouse or dependent child who was insured as a dependent under an individual or group health policy and becomes insured under any subsequent individual or group health policy. (m) This Code section shall apply to all comprehensive health policies issued in this state and to residents of this state insured under out-of-state multiple employer trusts or arrangements issued on or after July 1, 1995, and on the first policy anniversary of such existing comprehensive health policies occurring on or after July 1, 1995. (n) The commissioner is authorized to promulgate rules and regulations for the imple mentation of this Code section."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Lord of the 121st, et al. was read and adopted:

A BILL
To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with regard to insurance, so as to provide that an insurable interest shall automatically convey to a corporation under certain circumstances; to pro vide that a corporation that acquires an existing corporation may effectuate insurance upon the employees of the acquired corporation; to provide for definitions; to provide requirements for health insurance policies; to provide for the modification of certain health insurance contracts; to impose certain requirements on health insurers; to provide condi tions for the termination of coverage; to provide for portability requirements; to provide for continuation rights; to require certain policy provisions; to authorize rules and regula tions; to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Anno tated, relating to general provisions with regard to group or blanket accident and sickness insurance, so as to provide for statutory construction; to provide requirements for preexist ing condition provisions in group policies of accident and sickness insurance; to provide for the responsibilities of previous and succeeding insurers; to provide for applicability; to authorize rules and regulations; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by striking Code Section 33-24-3, relat ing to the insurable interest, and inserting in lieu thereof a new Code Section 33-24-3 to read as follows:
"33-24-3.
(a) An insurable interest, with reference to personal insurance, is an interest based upon a reasonable expectation of pecuniary advantage through the continued life, health, or bodily safety of another person and consequent loss by reason of his such person's death or disability or a substantial interest engendered by love and affection in the case of individuals closely related by blood or by law. (b) An individual has an unlimited insurable interest in his or her own life, health, and bodily safety and may lawfully take out a policy of insurance on his own life, health,

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or bodily safety and have the policy made payable to whomsoever h such individual pleases, regardless of whether the beneficiary designated has an insurable interest. (c) A corporation, foreign or domestic, has an insurable interest in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any con tractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual' arrangement; or, pursuant to any contract obligating the corporation as part of compen sation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or simi lar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or bene ficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. (c.l) The insurable interest pursuant to subsection (c) of this Code section shall auto matically convey to a corporation which has acquired or acquires an existing corporation by purchase, merger, or otherwise. (d) An insurable interest must exist at the time the contract of personal insurance becomes effective but need not exist at the time the loss occurs. (e) Any personal insurance contract procured or caused to be procured upon another individual is void unless the benefits under the contract are payable to the individual insured or his such individual's personal representative or to a person having, at the time when the contract was made, an insurable interest in the individual insured. In the case of a void contract, the insurer shall not be liable on the contract but shall be liable to repay to the person or persons who have paid the premiums all premium payments without interest. (f) A charitable institution as defined under Sections 501(c)(3), 501(c)(6), 501(c)(8), and 501(c)(9) of the Internal Revenue Code of 1986 shall have an insurable interest in the life of any donor."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 33-24-6, relating to consent of insured to the insurance contract, and inserting in lieu thereof a new subsec tion (a) to read as follows:
"(a) No life or accident and sickness insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and sickness insurance, shall be made or effectuated unless at the time of the making of the contract the indi vidual insured, being of competent legal capacity to contract, applies for a life or acci dent and sickness insurance contract or consents in writing to the contract, except in the following cases:
(1) A spouse may effectuate insurance upon the other spouse; (2) Any person having an insurable interest in the life of a minor or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to the minor; (3) An application for a family policy may be signed by either parent, by a steppar ent, or by husband or wife; (4) A publicly owned corporation may effectuate insurance upon its employees in whom it has an insurable interest; et (5) A corporation not described in paragraph (4) of this subsection may effectuate insurance upon its employees in whom it has an insurable interest and a trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits may effectuate insurance upon employees for whom such benefits are

WEDNESDAY, FEBRUARY 22, 1995

1193

to be provided, if the insurance contract or contracts held by the corporation or the trustee cover at least 100 employees. For purposes of this paragraph, any employee of a group of corporations consisting of a parent corporation and its directly or indirectly owned subsidiaries shall be considered to be an employee of each corporation within the groups or (6) A corporation which has acquired or acquires an existing corporation by purchase, merger, or otherwise may effectuate insurance upon the employees of the acquired corporation."
SECTION 3. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding insurance, is amended by adding a new Code section, to be designated Code Section 33-24-56, to read as follows:
"33-24-56.
(a) As used in this Code section, the term: (1) 'Guaranteed renewable' means the right of the insured to continue the insurance coverage in force by the timely payment of premiums. (2) 'Insurer' means a health insurance entity licensed or registered under Chapter 3, 14, 15, 18, 19, 20, 21, 40, or 41 of this title or an entity that would be licensed or regis tered under such chapters if such entity were doing business in this state or any other health insurance risk-bearing entity. (3) 'Policy' means a policy as defined in paragraph (1) of Code Section 33-24-1. (4) 'Portability' means a provision in each policy and certificate that provides access to continuing coverage if an insured changes employers, policies, or insurers or enters or leaves the job market without any void in the coverage. (b)(l) No individual health insurance policy and no group health insurance policy providing hospital or medical benefits shall be issued in this state unless such policy complies with all the requirements of this Code section and is guaranteed renewable. (2) Once accepted for coverage, an individual or group cannot be terminated by the insurer due to claims experience.
(c) Policies may provide for termination of coverage when the covered individual becomes eligible for medicare, but not sooner than age 65; provided, however, that a spouse or dependent of such covered individual must have the right to purchase cover age for his or her own benefit. (d) Group policies shall provide for portability of the group coverage to any individual whose employment is terminating and who is a resident of this state, regardless of the reason for termination of employment. If coverage of the spouse ceases in the event of the death of the insured or a valid decree of divorce between the insured parties, the surviving or divorced spouse shall be entitled to continue the group coverage at the appropriate premium. (e) If a group policy is terminated for any reason, all insured employees, members, or enrollees and their covered dependents shall have the right to purchase an individual policy from the group insurer subject to the residency requirements under subsection (d) of this Code section. The individual policy shall provide benefits identical to or substan tially similar to those provided under the terminated group policy unless the insured requests a lesser benefit plan due to cost considerations. Continuation and conversion rights in accordance with Code Section 33-24-21.1 shall be available for terminating indi viduals who are not residents of this state or covered dependents of nonresidents of this state. (f) In order to provide for continuous insurance coverage, total portability must be pro vided in accordance with procedures established by the Commissioner of Insurance through the promulgation of rules and regulation. (g) Portability of coverage extends to an insured who received medical care outside of this state. Payment under the policy shall be provided as though such care was rendered in this state. (h) An insurer shall provide in the group policy, contract, and certificate written notice of the right to continuation of benefits coverage and shall notify the employer or policyholder and the remitting agent, if any, at the time of commencement of coverage of the

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importance of the notification of the continuation benefit to each covered employee or member and the spouse of the employee or member as prescribed by the Commissioner of Insurance by rule or regulation. (i) This chapter shall apply to policies and contracts of insurance written, effective, or renewed on or after July 1, 1995. For insurance contracts issued prior to July 1, 1995, which by their terms can be modified, such contracts must be modified on the next annual anniversary date to include the policy contract provisions required under this Code section."
SECTION 4. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions with regard to group or blanket accident and sickness insurance, is amended by adding a new Code section, to be designated Code Section 33-30-15, to read as follows:
"33-30-15.
(a) Notwithstanding any other provision of this title which may be construed to the con trary, whenever an insured employee, member, or enrollee moves from one group acci dent and sickness insurance plan to another such plan, provisions relative to preexisting conditions shall be subject to the provisions of this Code section. (b) All group policies of accident and sickness insurance providing medical expense insurance shall provide that any newly eligible employee, member, enrollee, or depen dent who had been covered under any other insurer's group health insurance plan within the previous six months shall be covered immediately without underwriting. Group poli cies are not required to give such coverage when the employee, member, enrollee, or dependent's immediate previous coverage was under a plan or group governed by the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (c) Such policies shall not include a limitation for preexisting conditions in excess of 12 months following the effective date of the prior insurer's preexisting conditions exclusion provision and shall only apply to those preexisting conditions initially excluded under the terms of the prior insurer's policy. (d) The prior insurer shall provide a succeeding insurer with the information necessary to comply with this Code section. (e) The prior insurer shall remain liable only to the extent of its accrued liabilities and extensions of benefits. (f) Insurers must endorse existing master group policies and certificates to include this portability benefit. (g) It shall be the responsibility of the insured employee, member, or enrollee to provide the insurer with the requirements of subsections (b) and (c) of this Code section. If this information is not available, the insurer may apply a 12 month preexisting exclusion provision. (h) This Code section shall apply to a dependent child who is insured under a group health insurance policy, reaches the limiting age for dependents, and subsequently becomes insured as an employee under any employer's health insurance plan, (i) This Code section shall apply to a surviving or divorced spouse who was insured as a dependent under a group health insurance policy and becomes insured under any employer's health insurance policy. (j) This Code section shall apply to all group policies issued in this state and to resi dents of this state insured under out-of-state multiple employer trusts or arrangements issued on or after June 1, 1995, and on the first policy anniversary of such existing group policies occurring on or after June 1, 1995. (k) The Commissioner is authorized to promulgate rules and regulations for the inter pretation and implementation of this Code section."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, FEBRUARY 22, 1995

1195

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 520. By Representatives White of the 161st, Lord of the 121st, Bargeron of the 120th, Manner of the 159th and Randall of the 127th:
A bill to amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, so as to make it unlawful to abuse a dead body prior to interment.

The following Committee substitute was read:

A BILL
To amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, so as to make it unlawful to abuse a dead body prior to interment; to provide that the lawful presence of the offender at the place where the dead body is abused shall not be a defense to a prosecution under this Act; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses applicable to dead bodies, is amended by adding immediately following Code Sec tion 31-21-44, relating to the wanton or malicious removal of dead body from grave or dis turbance of contents of grave, a new Code Section 31-21-44.1 to read as follows:
"31-21-44.1. (a) A person commits the offense of abuse of a dead body if, prior to interment and except as otherwise authorized by law, such person willfully defaces a dead body in a manner offensive to a person of reasonable sensibilities while the dead body is lying in state or is prepared for burial, showing, or cremation whether in a funeral establishment, place of worship, home, or other facility for lying in state or at a grave site. The lawful presence of the offender at a place where the dead body is abused shall not be a defense to a prosecution under this Code section. (b) Any person who violates subsection (a) of this Code section shall be guilty of a fel ony and shall be punished by imprisonment for not less than one nor more than three years."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and withdrawn:

Representative White of the 161st moves to amend the Committee substitute to HB 520 by adding on line 3 of page 1 between the word "abuse" and the word "a" the following:
"or physically mistreat".
By adding on line 20 of page 1 between the word "defaces" and the words "a dead" the following:
"or physically mistreats".

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The Committee substitute was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 107, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 280. By Representatives Felton of the 43rd, Walker of the 141st, Irvin of the 45th, Stephenson of the 25th and Evans of the 28th:
A resolution calling for the Conference of the States.

The following amendment was read and adopted:

Representative Davis of the 60th moves to amend HR 280 as follows:
Insert on page 3 after line 26
"This resolution shall stand repealed on December 31, 1996 if a Conference of States is not called."

The following amendments were read and withdrawn:

Representative Teper of the 61st moves to amend HR 280 as follows: Page 2 line 36 strike "No more than two of the four members of the General Assembly may be from the same political party." Strike on line 39 ", one from each party,"

Representatives Smyre of the 136th and Walker of the 141st move to amend HR 280 by striking lines 27 through 36 of page 2 and inserting in their place the following:
"GEORGIA a delegation of seven voting persons from this state shall be appointed to represent this state at a Conference of the States for the purposes described in this resolu tion to be convened as provided in this resolution. The delegation shall consist of seven voting persons as follows: the Governor or, if the Governor does not wish to be a member of the delegation, then a constitutional officer selected by the Governor; and six members of the General Assembly, three from each house selected by the presiding officer of that house. No more than four of the six members".

The following amendment was read and adopted:

Representatives Crews of the 78th and Irvin of the 45th move to amend HR 280 as fol lows:
by changing the period on line 4, page 3, to a comma and inserting thereafter, the fol lowing:
"provided, however, that the States' Petition shall not include a call for a Constitu tional Convention."

WEDNESDAY, FEBRUARY 22, 1995

1197

and by adding after line 26, page 3, the following: "BE IT FURTHER RESOLVED that if for any reason this Conference attempts to convert itself into a Constitutional Convention, or in any way attempts to amend the U.S. Constitution, the delegates from Georgia shall immediately resign and leave the Conference."
Representative Felton of the 43rd moved that the House reconsider its action in adopting the Crews amendment.
The motion prevailed.
On the re-adoption of the Crews amendment, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey
Baker N Bannister N Barfoot N Bargeron N Barnard TM Barnes N Bates Y Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck N Buckner Y Bunn N Burkhalter YByrd N Campbell N Canty N Carter
Chambless N Channell Y Childers N Coker N Coleman, B N Coleman, T N Connell NCox N Crawford

Y Crews
N Culbreth Y Cummings N Davis, G
N Davis, M NDay N DeLoach, B
DeLoach, G Y Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls N Felton N Floyd
N Godbee N Golden N Goodwin
Greene Grindley Hanner Y Harbin N Harris NHart N Heard N Heckstall Hegstrom Y Hembree Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins N Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein NLadd N Lakly NLane N Lawrence YLee Y Lewis N Lifsey NLord
Lucas N Maddox NMann N Martin N McBee N McCall E McClinton N McKinney Y Mills N Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal Y Orrock

E Parham N Parrish Y Parsons N Pelote N Perry N Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall Randolph NRay N Reaves N Reichert Y Roberts N Rogers N Royal N Sanders Y Sauder N Scoggins N Sbanaban Shaw N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P Y Smith, T Y Smith, V

Y Smith, W N Smyre N Snelling N Snow N Stallings N Stancil, F Y Stancil, S
Stanley, L Y Stanley, P N Stephenson N Streat N Taylor N Teague Y Teper
N Thomas N Tillman N Titus Y Towery N Trense
Turnquest N Twiggs N Walker, L Y Walker, R.L Y Wall N Watson Y Watts Y Westmoreland
Whitaker
N White Y Wiles N Williams, B N Williams, J Y Williams, R Y Woods
N Yates Murphy, Spkr

On the re-adoption of the amendment, the ayes were 45, nays 116. The amendment was lost.

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron

Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J

Y Brush YBuck Y Buckner N Bunn Y Burkhalter NByrd

Y Campbell N Canty Y Carter Y Chambless Y Channell
Y Childers

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Y Coker Y Coleman, B Y Coleman, T
Y Connell YCox
Y Crawford
N Crews
Y Culbreth
Y Cummings N Davis, G Y Davis, M N Day Y DeLoach, B Y DeLoach, G N Dix Y Dixon, H
Y Dixon,S Y Dobbs
N Ehrhart Y Epps N Evans
N Falls
Y Felton Y Floyd Y Godbee
Y Golden
N Goodwin
Greene
Grindley
Y Manner

Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland N Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J N Johnston
Jones N Joyce NKaye Y Kinnamon N Klein YLadd N Lakly YLane Y Lawrence YLee

N Lewis Lifsey
YLord Lucas
Y Maddox YMann Y Martin Y McBee N McCall E McClinton Y McKinney N Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston N Powell Y Purcell, A Y Purcell, B

Randall Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan Shaw Y Sherrill Y Shipp Y Simpson Y Sinktield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T N Smith, V Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F

Y Stancil, S 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
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmorland
Whitaker N White N Wiles Y Williams, B Y Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 130, nays 36.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HB 605. By Representatives Barnes of the 33rd and Bostick of the 165th:
A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Anno tated, relating to general provisions relating to counties, so as to provide for the employment of attorneys by county officers under certain circumstances; to provide for the payment of attorneys' fees and expenses of litigation from county funds.

The following Committee substitute was read:

A BILL
To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to gen eral provisions relating to counties, so as to provide for the employment of attorneys by county officers under certain circumstances; to provide for the payment of attorneys' fees and expenses of litigation from county funds; to provide for definitions; to provide for exceptions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provi sions relating to counties, is amended by adding at the end of said chapter a new Code Section 36-1-26 to read as follows:
"36-1-26. (a) As used in this Code section, the term 'county officer' means the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner or tax collector and tax receiver of a county.

WEDNESDAY, FEBRUARY 22, 1995

1199

(b) Notwithstanding any other provision of law, in any civil, criminal, or quasi-criminal case brought against a county officer for actions or omissions arising out of the perform ance of such county officer's duties or the exercise of such county officer's powers or in any way connected therewith, whether based upon negligence, violation of contractual rights, or violation of civil, constitutional, common law, or statutory rights or obligations, such county officer shall have the right to legal representation provided by the county or at the expense of the county. In those cases in which the county attorney has a con flict of interest which would ethically prevent the county attorney from representing both the county, the governing authority of the county, or another county officer or employee and the county officer, upon a determination by the judge or other quasi-judi cial presiding officer that an ethical conflict exists, the county officer shall be authorized to employ independent legal counsel to represent such county officer in such matter. The governing authority of the county shall pay the reasonable fees of such independent legal counsel and all applicable court costs, deposition costs, witness fees and compensa tion, and all other like costs, expenses, and fees. Such fees and costs shall be authorized by the chief judge of the superior court of the circuit in which the county is located. The governing authority of a county shall not be authorized to furnish a defense to any county officer facing a recall action, or charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which the county has an interest unless the county officer is found not guilty of such crime or the charges are dismissed or nolle pressed."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Crawford of the 129th and Barnes of the 33rd move to amend the Com mittee substitute to HB 605 as follows:
Page 2 - line 8 after - reasonable fees add:
which shall not be at an hourly rate greater than the rate of the county attorney.

The Committee substitute, as amended, was adopted.
Pursuant to Rule 134, Representatives Holland of the 157th and Smith of the 109th were excused from voting on HB 605.

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

Y Ashe Y Bailey
Baker Y Bannister N Barfoot
Y Bargeron
Y Barnard Y Barnes N Bates Y Benefield Y Birdsong

Y Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T
Y Brown, G
Y Brown, J N Brush Y Buck Y Buckner Y Bunn

Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter
Y Chambless
Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T

Y Connell Cox
Y Crawford Y Crews Y Culbreth
Y Cummings
Y Davis, G Y Davis, M Y Day Y DeLoach, B
DeLoach, G

Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps
Evans Y Falls Y Felton Y Floyd N Godbee

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N Golden N Goodwin Y Greene
Grindley Y Hanner Y Harbin N Harris
YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson
E Holland Y Holmes Y Howard
Y Hudson
Y Hugley
Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston

Jones N Joyce NKaye Y Kinnamon Y Klein YLadd N Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas N Maddox NMann Y Martin Y McBee
McCall
E McClinton
Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley

Y Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak
Y Porter
Y Poston Powell
Y Purcell, A Y Purcell, B
Randall Randolph YRay N Reaves
Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder

Y Scoggins Y Shanahan YShaw N Sherrill
Y Shipp Y Simpson Y Sinkfield E Skipper Y Smith, C Y Smith, C.W E Smith, L N Smith, P Y Smith, T N Smith, V Y Smith, W
Smyre N Snelling YSnow Y Stallings
Y Stancil, F N Stancil, S
Stanley, L Y Stanley, P
Stephenson Y Streat

Y Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Walker, L N Walker, R.L
Y Wall Y Watson Y Watts Y Westmorland
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 133, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Pursuant to SR 256, adopted by the House and Senate, the House adjourned until 10:00 o'clock A.M., Monday, February 27, 1995.

MONDAY, FEBRUARY 27, 1995

1201

Representative Hall, Atlanta, Georgia Monday, February 27, 1995

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 Baker Barfoot Bargeron Barnard
Barnes
Bates Benefield Bostick Brooks, D Brooks, T Brown, G Brown, J Buck Buckner Bunn Byrd Campbell Carter
Chambless Channel!
Childers Coker Coleman, B
Connell
Cox
Crawford
Crews Culbreth

Cummings
Davis, G
Davis, M Day DeLoach, B DeLoach, G Dobbs Ehrhart Epps Evans Felton Godbee Greene Grindley Harbin Harris Hart Heckstall
Hegstrom
Hembree Holland Howard Hudson
Jamieson Johnson, G
Johnson, J Johnston Joyce Kaye

Kinnamon Klein Ladd Lakly Lane
Lawrence Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall McClinton
McKinney
Mills
Mobley, B
Mobley, J
Mosley Mueller O'Neal
Orrock Parrish Parsons Pelote
Perry Pinholster

Polak Poston Powell
Purcell, A Purcell, B Randall
Randolph Ray Reaves Reichert Roberts
Royal Sanders Sauder Scoggins Shanahan Shaw Sherrill Shipp Simpson Sinkf'ield Skipper Smith, C Smith, C.W Smith, L Smith, P Smith, V Smith, W Snelling

Stalling^ Stancil, F
Stancil, S Stanley, L Stanley, P Stephenson Streat Taylor Teper Tillman Titus Towery Trense Turnquest Walker, L Walker, R.L Wall Watson Watts
Westmoreland
Whitaker
White Wiles Williams, B
Williams, J Williams, R
Woods Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Dixon of the 150th, Bordeaux of the 151st, Smyre of the 136th, Goodwin of the 79th, Irvin of the 45th, Jones of the 71st, Lucas of the 124th, Twiggs of the 8th, Floyd of the 138th, Falls of the 125th, Heard of the 89th, Burkhalter of the 41st, Jenkins of the 110th, Holmes of the 53rd, Rogers of the 20th, Breedlove of the 85th, Bannister of the 77th, Hugley of the 133rd, Henson of the 65th, Snow of the 2nd, Brush of the 112th, Dixon of the 168th, Golden of the 177th, Smith of the 169th, Canty of the 52nd, Teague of the 58th, Dix of the 76th and Hanner of the 159th.
They wish to be recorded as present.

Prayer was offered by the Reverend Jack Dowdy, Pitts, 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 Bills and Resolutions of the House were intro duced, read the first time and referred to the committees:

HB 843. By Representative McKinney of the 51st:
A bill to amend an Act creating county building authorities in certain coun ties with populations of 550,000 or more, so as to define the term "project"; to prohibit the issuance of bonds by such authority for purposes other than a project for a juvenile court facility.
Referred to the Committee on State Planning & Community Affairs.

HB 844. By Representatives Randall of the 127th, Childers of the 13th, Cox of the 160th and Jones of the 71st:
A bill to amend Chapter 12 of Title 31 of the Official Code of Georgia Anno tated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources.
Referred to the Committee on Health & Ecology.

HB 845. By Representatives Jenkins of the 110th and Streat of the 167th:
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 change the calculation of retirement benefits.
Referred to the Committee on Retirement.

HB 846. By Representative Crawford of the 129th:
A bill to amend an Act increasing the compensation of the chairperson and members of the board of commissioners of Upson County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners of Upson County.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, FEBRUARY 27, 1995

1203

HB 847. By Representatives Golden of the 177th, Jamieson of the 22nd, Bates of the 179th, Shaw of the 176th, Sherrill of the 62nd and others:
A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for an income tax credit for a health care provider who provides medical or dental services at a public clinic for which the health care provider receives no compensation.
Referred to the Committee on Ways & Means.
HB 848. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for the County of Pike, so as to reapportion the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 849. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-121 of the Official Code of Georgia Anno tated, relating to optional retirement benefits under the Employees' Retire ment System of Georgia, so as to provide that a member who is unmarried at the time of retirement and who subsequently marries may establish spouse's benefits for his or her spouse.
Referred to the Committee on Retirement.

HB 850. By Representative Cummings of the 27th:
A bill to amend Code Section 47-4-102 of the Official Code of Georgia Anno tated, relating to optional retirement benefits under the Public School Employees Retirement System, so as to provide that a member who is unmarried at the time of retirement and who subsequently marries may establish spouse's benefits for his or her spouse.
Referred to the Committee on Retirement.

HB 851. By Representative Cummings of the 27th:
A bill to amend Code Section 47-6-81 of the Official Code of Georgia Anno tated, relating to the optional retirement allowances under the Georgia Legis lative Retirement System, so as to provide that a member who is unmarried at the time of retirement and who subsequently marries may establish spouse's benefits for his or her spouse.
Referred to the Committee on Retirement.

HB 852. By Representative Cummings of the 27th:
A bill to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Employees' Retirement System of Georgia, so as to change the method of reestablishing service credit.
Referred to the Committee on Retirement.

HB 853. By Representative McCall of the 90th:
A bill to amend an Act creating a nevw charter for the City of Lexington, so as to change the terms of office of the mayor and members of the council.
Referred to the Committee on State Planning & Community Affairs - Local.

1204

JOURNAL OF THE HOUSE,

HB 854. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act creating the Washington Wilkes Payroll Development Authority, so as to change the definition of the term "project" to include the acquisition of land for the construction and operation of utility systems and for transportation purposes in connection with industry, commerce, and agri culture; to authorize the authority to condemn property for the purpose of constructing roads, bridges, or rail lines.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 855. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Wilkes County, so as to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Wilkes County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 856. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act granting a new charter to the Town of Tignall, so as to change the punishment for misdemeanor offenses; to change the pun ishment for contempt in the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 857. By Representatives McCall of the 90th and Channell of the lllth:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Wilkes County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 858. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 859. By Representatives Towery of the 30th, Sauder of the 29th, Ehrhart of the 36th, Lakly of the 105th and Falls of the 125th:
A bill to amend Code Section 16-7-26 of the Official Code of Georgia Anno tated, relating to vandalism to a place of worship, so as to make a violation of this statute a felony; to increase the prison term; to provide for a fine.
Referred to the Committee on Special Judiciary.

HB 860. By Representatives Powell of the 23rd, Porter of the 143rd, Dixon of the 150th, Watson of the 139th, Connell of the 115th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for issuance of special Georgia Patriot license plates.
Referred to the Committee on Motor Vehicles.

MONDAY, FEBRUARY 27, 1995

1205

HB 861. By Representatives McCall of the 90th and Powell of the 23rd:
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 for special and distinctive license plates for members of Pilot International.
Referred to the Committee on Motor Vehicles.

HB 862. By Representatives Powell of the 23rd, Porter of the 143rd, Dixon of the 150th, Watson of the 139th, Connell of the 115th and others:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of motor vehicles, so as to provide for issuance of special license plates commemorating the Sons of the Confed erate Veterans.
Referred to the Committee on Motor Vehicles.

HB 863. By Representatives Powell of the 23rd, McCall of the 90th, Jamieson of the 22nd and Scoggins of the 24th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a third judge of the superior courts of the Northern Judicial Circuit of Georgia.
Referred to the Committee on Judiciary.

HB 864. By Representative Woods of the 32nd:
A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to election and campaign finance regulation, so as to expressly provide that state and local government bodies are prohibited from using public funds or public personnel to influence elections and refer enda; to provide that certain statements of fact, opinion, and position by public officials shall not be prohibited.
Referred to the Committee on Governmental Affairs.

HB 865. 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 said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 866. By Representative Godbee of the 145th:
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, relating to public school disciplin ary tribunals, so as to provide a definition; to provide for the establishment of policies by local boards of education requiring the expulsion of students who bring weapons to school; to authorize placement of such students in alternative programs.
Referred to the Committee on Education.

1206

JOURNAL OF THE HOUSE,

HB 867. By Representative Lakly of the 105th:
A bill to recreate and reincorporate the Town of Woolsey in Fayette County and grant a new charter to that municipality under such corporate name and style.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 868. By Representatives Irvin of the 45th, Walker of the 141st, Lee of the 94th and Ehrhart of the 36th:
A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Anno tated, known as the "Ethics in Government Act," so as to provide that a can didate shall be required to verify in writing the accuracy of each campaign contribution disclosure report as to the names of contributors and the amount each contributed; to provide that the verifying candidate shall be accountable for certain violations of the law in connection with the filing of certain erroneous information.
Referred to the Committee on Governmental Affairs.

HR 408. By Representative Floyd of the 138th:
A resolution declaring legislative intent with respect to the exemption from sales and use taxation relating to certain off-road timber equipment and related attachments.
Referred to the Committee on Ways & Means.

HR 411. By Representatives DeLoach of the 172nd, Day of the 153rd, Mobley of the 86th, Barnard of the 154th, Mosley of the 171st and others:
A resolution urging the United States Secretary of Defense and the Secretary of the Army not to change the designation of the 24th Infantry Division (Mechanized) at Fort Stewart.
Referred to the Committee on Defense & Veterans Affairs.
HR 412. By Representative Perry of the llth:
A resolution proposing an amendment to the Constitution so as to provide that no person convicted of the offense of murder, voluntary manslaughter, armed robbery, kidnapping, rape, aggravated sodomy, aggravated sexual assault, battery, simple battery, or aggravated battery shall be eligible for pardon, parole, or commutation of sentence if such offense was committed against a person who was 65 years of age or older at the time of the offense.
Referred to the Committee on Special Judiciary.

HR 413. By Representatives Perry of the llth, Childers of the 13th, Kinnamon of the 4th and Snow of the 2nd:
A resolution to create the House Efficiency, Economy, and Management in State Government Study Committee.
Referred to the Committee on Rules.

HR 417. By Representatives Mosley of the 171st, Walker of the 141st, Byrd of the 170th, Stanley of the 50th and Kinnamon of the 4th:
A resolution creating the Joint Study Committee on School Construction.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 27, 1995

1207

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 885. By Representatives Davis of the 48th, McKinney of the 51st, Bunn of the 74th, McBee of the 88th, Jones of the 71st and others:
A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core cirriculum in elementary and secondary education, so as to provide for legislative purpose; to provide that each local board of education shall prescribe a course of study in family violence and child abuse prevention; to authorize such local boards to supplement and develop the exact approach of content areas of such minimum course of study.
Referred to the Committee on Education.

HB 886. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
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 for sums for filing documents, instruments, and other papers pertaining to real estate and personal property and civil cases for the purpose of effectuat ing the provisions of Code Section 15-5-97; to require the Georgia Superior Court Clerks' Cooperative Authority to implement an automated information system for real and personal property records.
Referred to the Committee on Judiciary.

HB 887. By Representative Martin of the 47th:
A bill to amend Chapter 9 of Title 24 of the Official Code of Georgia Anno tated, relating to witnesses generally, so as to provide that certain admissions and communications between an attorney employed by a state agency and employees of such agency shall be excluded.
Referred to the Committee on Judiciary.

HB 896. By Representative Jenkins of the 110th:
A bill to amend Code Section 47-11-21 of the Official Code of Georgia Anno tated, relating to the creation of the office of secretary-treasurer of the Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the retirement benefits of such officer under such system.
Referred to the Committee on Retirement.

HB 897. By Representative Jenkins of the 110th:
A bill to amend an Act to provide a new charter for the City of Forsyth, so as to change the time for holding elections for the offices of mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 898. By Representative Jenkins of the 110th: A bill to provide a new charter for the City of Shady Dale.
Referred to the Committee on State Planning & Community Affairs - Local.

1208

JOURNAL OF THE HOUSE,

HR 437. By Representative Jenkins of the 110th: A resolution designating Harold G. Clarke Parkway.
Referred to the Committee on Transportation.

HR 438. By Representative Jenkins of the 110th: A resolution designating Benson Ham Road.
Referred to the Committee on Transportation.

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

HB 821 HB 822 HB 823 HB 824 HB 825 HB 826 HB 827 HB 828 HB 829 HB 830 HB 831 HB 832
HB 833 HB 834 HB 835 HB 836 HB 837 HB 838 HB 839 HB 840
HB 841 HB 842 HR 386

HR 387

HR 388

HR 400

HR 401

HR 404

SB 18

SB 55

SB

qs/no

SB 107

SB 187

SB 211

SB 257

SB 262

SB 280

SB 307

SB 309

SB 318

SB 320

SB 331

SB 336

SB 357

SB 358

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 433 Do Pass SB 93 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lucas of the 124th District, Chairman of the Committee on Human Relations & Aging, submitted the following report:

Mr. Speaker:

MONDAY, FEBRUARY 27, 1995

1209

Your Committee on Human Relations & Aging has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 570 Do Pass, by Substitute
Respectfully submitted, /s/ Lucas of the 124th
Chairman

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

Mr. Speaker:

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

HB 609 Do Pass, by Substitute HB 653 Do Pass HB 668 Do Pass, by Substitute

HB 734 Do Pass SB 116 Do Pass SB 137 Do Pass, by Substitute

Respectfully submitted, /s/ Watson of the 139th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:

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

HB 167 Do Pass, by Substitute HB 236 Do Pass HB 704 Do Pass, by Substitute

SB 156 Do Pass, by Substitute SB 224 Do Pass

Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 415 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

1210

JOURNAL OF THE HOUSE,

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 808 Do Pass HB 809 Do Pass HB 811 Do Pass HB 812 Do Pass

HB 814 Do Pass HB 817 Do Pass HB 819 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR MONDAY, FEBRUARY 27, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 29th Legislative Day as enu merated below:
HB 229 Parolees; condition of parole; GED equivalency diploma HB 233 Budgetary Responsibility Oversight Committee; members HB 240 Employment security; temp help contracting firms HB 271 Amusement and carnival rides; amend provisions HB 338 Evidence; witness fees and mileage HB 344 Real estate appraisers; classifications HB 374 Brewpub; licensing provisions
HR 356 Parkinson's Disease victims; Gov declare 5/20/95 day of recognition HR 368 Pete Hackney Parking Facility; designate
SB 23 Health, Disability Insurance - preexisting conditions SB 47 High Sen. Students in Postsecondary Courses - redefine institution
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 811. By Representatives Skipper of the 137th and James of the 140th:
A bill to create and establish the Taylor County Building Authority, a body corporate and politic 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.
On the passage of the Bill, the ayes were 93, nays 13.

MONDAY, FEBRUARY 27, 1995

1211

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

HB 812. By Representative Smith of the 19th:
A bill to amend an Act entitled "An Act to provide a new charter for the Town of Clermont," so as to change certain requirements for holding certain offices.

The report 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 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 814. By Representatives Skipper of the 137th and James of the 140th: A bill to create the Taylor County Water and Sewerage 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 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 817. By Representative Holland of the 157th:
A bill to amend an Act entitled "An Act to incorporate the town of Sumner," so as to provide for incorporation, boundaries, and powers of the town.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 819. By Representatives Polak of the 67th, Henson of the 65th, Jones of the 71st, O'Neal of the 75th, Williams of the 63rd and others:
A bill to amend an Act creating the City of Avondale Estates, so as to change certain provisions relating to the election of the Board of Mayor and Com missioners of Avondale Estates; to provide for the election of commissioners and the mayor.

The report 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 13.
The Bill, having received the requisite constitutional majority, was passed.

HB 808. By Representatives Bunn of the 74th and O'Neal of the 75th: A bill to create the Board of Elections and Registration of Rockdale County.

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

1212

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 93, nays 13. The Bill, having received the requisite constitutional majority, was passed.

HB 809. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act creating the Magistrate Court of Rockdale County, so as to provide that county law library fees shall be charged and collected in actions and cases in the magistrate court.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 13.
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:

SB 175. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Anno tated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.

SB 226. By Senators Boshears of the 6th and Blitch of the 7th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to expenditure of funds by counties for insurance and other employment benefits, so as to prohibit the payment or receipt of cash com pensation instead of the offered insurance or benefit.

SB 272. By Senators Gillis of the 20th, Henson of the 55th and Starr of the 44th:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to delete pro visions relating to the disclosure of the dates of birth and social security numbers of witnesses.

SB 285. By Senators Gillis of the 20th, Isakson of the 21st, Harbison of the 15th and Broun of the 46th:
A bill to amend Code Section 17-10-7 of the Official Code of Georgia Anno tated, relating to punishment of repeat offenders, so as to provide that per sons convicted of a second felony offense shall not be probated, assigned, or otherwise permitted to serve any portion of a period of confinement for the second felony offense in any type of boot camp or other alternative incarcer ation facility.

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

MONDAY, FEBRUARY 27, 1995

1213

SR 164. By Senators Ray of the 19th, Hooks of the 14th, Walker of the 22nd and others:
A resolution creating the Georgia Child Abuse Study Committee.

SR 101. By Senator James of the 35th:
A resolution creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County.

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

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

SB 133. By Senators Henson of the 55th, Thomas of the 10th, Stokes of the 43rd and others:
A bill to enumerate instances of proper and improper political activity for employees of the state in the classified service and to provide for exceptions; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, in order to repeal an existing statutory prohibition against certain political contributions by employees of such department; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles.

SB 218. By Senators Abernathy of the 38th, Scott of the 36th and Henson of the 55th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment of public school system personnel, so as to delete provisions which would allow a decrease in local salary supplements for certain public school personnel under certain circumstances if a public hearing is held on the sub ject.

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

SB 133. By Senators Henson of the 55th, Thomas of the 10th, Stokes of the 43rd and others:
A bill to enumerate instances of proper and improper political activity for employees of the state in the classified service and to provide for exceptions; to amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, in order to repeal an existing statutory prohibition against certain political contributions by employees of such department; to amend Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to pardons and paroles.
Referred to the Committee on Governmental Affairs.

1214

JOURNAL OF THE HOUSE,

SB 175. By Senators Clay of the 37th and Newbill of the 56th:
A bill to amend Code Section 20-2-162 of the Official Code of Georgia Anno tated, relating to midterm adjustments under the "Quality Basic Education Act," so as to provide for midterm adjustments relative to the program adjustment amount for training and experience.
Referred to the Committee on Education.

SB 218. By Senators Abernathy of the 38th, Scott of the 36th and Henson of the 55th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment of public school system personnel, so as to delete provisions which would allow a decrease in local salary supplements for certain public school personnel under certain circumstances if a public hearing is held on the sub ject.
Referred to the Committee on Education.

SB 226. By Senators Boshears of the 6th and Blitch of the 7th:
A bill to amend Code Section 36-1-11.1 of the Official Code of Georgia Anno tated, relating to expenditure of funds by counties for insurance and other employment benefits, so as to prohibit the payment or receipt of cash com pensation instead of the offered insurance or benefit.
Referred to the Committee on Insurance.

SB 272. By Senators Gillis of the 20th, Henson of the 55th and Starr of the 44th:
A bill to amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to delete pro visions relating to the disclosure of the dates of birth and social security numbers of witnesses.
Referred to the Committee on Judiciary.

SB 285. By Senators Gillis of the 20th, Isakson of the 21st, Harbison of the 15th and others:
A bill to amend Code Section 17-10-7 of the Official Code of Georgia Anno tated, relating to punishment of repeat offenders, so as to provide that per sons convicted of a second felony offense shall not be probated, assigned, or otherwise permitted to serve any portion of a period of confinement for the second felony offense in any type of boot camp or other alternative incarcer ation facility.
Referred to the Committee on State Institutions & Property.

SR 101. By Senator James of the 35th:
A resolution creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County.
Referred to the Committee on Rules.

MONDAY, FEBRUARY 27, 1995

1215

SR 164. By Senators Ray of the 19th, Hooks of the 14th, Walker of the 22nd and others:
A resolution creating the Georgia Child Abuse Study Committee.
Referred to the Committee on Rules.

The following communication was received:

Office of the Governor State Capitol, Atlanta, Georgia 30334
Memorandum

To:

House, Senate and Secretary of State

From: Vicki Snow

Subject: Line Item Vetoes in House Bill 201

Date: February 22, 1995

Please be advised that Governor Miller has line item vetoed the following Sections in House Bill 201:
Section 54, Page 38, Numbers "2.)" and "5.)" in the second paragraph of Section 54 Section 58, Page 42, seventh paragraph beginning, "Provided, that the Governor's Schol arship Program..." Section 66, Page 46 Section 71, Page 47, paragraph i.) Section 82, Page 50 VLS/clb Attachments
The following Resolution of the House, favorably reported by the Committee on Rules, was read and adopted:
HR 415. By Representatives Henson of the 65th and Teper of the 61st: A resolution commending the Georgia Commission on the Holocaust and inviting Sylvia Wygoda to appear before the House of Representatives.
The Speaker announced the House in recess until 1:30 o'clock this afternoon.

1216

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
Representative Coleman of the 142nd District, Chairman of the Committee on Appro priations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 202 Do Pass, by Substitute SB 263 Do Pass, by Substitute
Respectfully submitted, /s/ Coleman of the 142nd
Chairman
Representative Watts of the 26th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Res olution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 385 Do Pass
Respectfully submitted, /s/ Watts of the 26th
Chairman
Representative Godbee of the 145th District, Chairman of the Committee on Educa tion, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 129 Do Pass, by Substitute
Respectfully submitted, /s/ Godbee of the 145th
Chairman
Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:
Mr. Speaker:

MONDAY, FEBRUARY 27, 1995

1217

Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 514 Do Pass SB 279 Do Pass
Respectfully submitted, /a/ Chambless of the 163rd
Chairman

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

Mr. Speaker:

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

HR 235 Do Pass HR 382 Do Pass

HR 384 Do Pass SR 169 Do Pass

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

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 490 Do Pass, by Substitute HB 717 Do Pass SB 48 Do Pass SR 67 Do Pass

SR 85 Do Pass SR 132 Do Pass SR 214 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

The following Resolutions of the House were read and adopted:

HR 421. By Representative Stephenson of the 25th: A resolution honoring Youth Art Month.

HR 422. By Representatives Smyre of the 136th, Murphy of the 18th, Lucas of the 124th, Walker of the 141st, Buck of the 135th and others:
A resolution expressing regret at the passing of William P. "Daddy Bill" Randall.

1218

JOURNAL OF THE HOUSE,

HR 423. By Representatives Sinkfield of the 57th, Lucas of the 124th, Smyre of the 136th, Stanley of the 50th, McClinton of the 68th and others:
A resolution commending Mr. Robert L. Shipp, Jr., on the occasion of his retirement.

HR 425. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A resolution commending Catherine Sylvia Pittman as the 1995 Georgia Teacher of the Year.

HR 426. By Representatives Smith of the 174th, Tillman of the 173rd and Smith of the 169th:
A resolution commending Dr. Joseph lannicelli.

HR 429. 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 430. By Representatives McBee of the 88th, Murphy of the 18th, Hudson of the 156th, Stancil of the 91st, Heard of the 89th and others:
A resolution commending the designation of the Henry Massey Pavilion at the Poultry Research Center by the University of Georgia.

HR 431. By Representatives Mueller of the 152nd, Lane of the 146th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and others:
A resolution recognizing and commending 1994 National Outstanding Tree Farmers, Kirby and Lynda Beam from Savannah, Georgia.

HR 432. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A resolution welcoming and commending the Most Reverend John Kevin Boland, Bishop of Savannah.

HR 433. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A resolution commending the Most Reverend Raymond William Lessard, Bishop Emeritus of Savannah.

HR 434. By Representatives Brooks of the 103rd, Yates of the 106th, Epps of the 131st and Westmoreland of the 104th:
A resolution commending Murray Printing Company on its 150th Anniver sary.

HR 435. By Representatives Mueller of the 152nd, Lane of the 146th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and others:
A resolution declaring April 19, 1995, as "Johnny Mercer Day" in Georgia.

MONDAY, FEBRUARY 27, 1995

1219

Representative Joyce of the 1st arose to a point of personal privilege and addressed the House.

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

HR 235. By Representatives Reichert of the 126th, Falls of the 125th, Randall of the 127th, Ray of the 128th, Lucas of the 124th and others:
A resolution commending the Mayor and Council of the City of Macon, the members of the Bibb County Board of Commissioners, the Keep Macon-Bib Beautiful Commission, the Cherry Blossom Festival Board, and the Greater Macon Chamber of Commerce with respect to the annual Cherry Blossom Festival and inviting their representatives to appear before the House of Representatives.

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

HR 424. By Representatives Reichert of the 126th, Barnes of the 33rd and Sauder of the 29th:
A resolution commending the Georgia Junior Miss Scholarship Program; congratulating Georgia's Junior Miss for 1995, Miss Heidi Lynette Wells, and inviting her to appear before the House of Representatives.

HR 427. By Representatives Sauder of the 29th, Coker of the 31st, Wiles of the 34th, Barnes of the 33rd, Towery of the 30th and others:
A resolution commending Honorable Bill Atkins and inviting him to appear before the House of Representatives.

HR 428. By Representatives Evans of the 28th and Titus of the 180th:
A resolution recognizing William J. "Josh" Lewis III and inviting him to appear before the House of Representatives.

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

HB 229. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend Code Section 42-9-44 of the Official Code of Georgia Anno tated, relating to specification of terms and conditions of parole, so as to pro vide that certain parolees shall be required to obtain a general educational development (GED) equivalency diploma or other education as a condition of their parole.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 42-9-44 of the Official Code of Georgia Annotated, relating to specification of terms and conditions of parole, so as to provide that certain parolees shall be required to obtain a general educational development (GED) equivalency diploma or

1220

JOURNAL OF THE HOUSE,

other education as a condition of their parole; to provide that failure to comply with such requirement shall be grounds for revocation of parole; to provide for exceptions, rules and regulations, and 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. Code Section 42-9-44 of the Official Code of Georgia Annotated, relating to specification of terms and conditions of parole, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 42-9-44 to read as follows:
"42-9-44.
(a) The board, upon placing a person on parole, shall specify in writing the terms and conditions thereof. A certified copy of the conditions shall be given to the parolee. Thereafter, a copy shall be sent to the clerk of the court in which the person was con victed. The board shall adopt general rules concerning the terms and conditions of parole and concerning what shall constitute a violation thereof and shall make special rules to govern particular cases. The rules, both general and special, may include, among other things, a requirement that the parolee shall not leave this state or any definite area in this state without the consent of the board; that he the parolee shall contribute to the support of his or her dependents to the best of his the parolee's ability; that h the parolee shall make reparation or restitution for his or her crime; that he the parolee shall abandon evil associates and ways; and that h the parolee shall carry out the instructions of his or her parole supervisor, and, in general, so comport himself or herself as his the parolee's supervisor shall determine. A violation of the terms of parole may render the parolee liable to arrest and a return to a penal institution to serve out the term for which he the parolee was sentenced. (b) Each parolee who does not have a high school diploma or a general educational development equivalency diploma (GED) shall be required as a condition of parole to obtain a high school diploma or general educational development equivalency diploma (GED) or to pursue a trade at a vocational or technical school. Any such parolee who demonstrates to the satisfaction of the board an existing ability or skill which does in fact actually furnish the parolee a reliable, regular, and sufficient income shall not be subject to this provision. Any parolee who is determined by the Department of Correc tions or the board to be incapable of completing such requirements shall only be required to attempt to improve their basic educational skills. Failure of any parolee sub ject to this requirement to attend the necessary schools or courses or to make reasonable progress toward fulfillment of such requirement shall be grounds for revocation of parole. The board shall establish regulations regarding reasonable progress as required bjr this subsection. This subsection shall apply to paroles granted on or after July 1^ 1995."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd

Y Campbell Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B

Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

MONDAY, FEBRUARY 27, 1995

1221

Y Davis, M NDay Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris
Hart Heard Y Heckstall Y Hegstrom Y Hembree Henson

Y Holland Y Holmes
Howard Y Hudson Y Hugley
Irvin E James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Lucas Y Maddox YMann

Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A E Purcell, B Y Randall Y Randolph YRay Y Reaves

Y Reichert
Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Y Stanley, L

Stanley, P Y Stephenson
Streat Y Taylor Y Teague YTeper
Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 151, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Heard of the 89th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Walker of the 141st assumed the Chair.

HB 374. By Representatives Ashe of the 46th, Scoggins of the 24th, McBee of the 88th, Hegstrom of the 66th, Stanley of the 49th and others:
A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to amend Code Section 3-1-2, relating to defini tions, so as to add the definition of the term "brewpub"; to amend Code Sec tion 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, so as to provide for an occupational license tax for brewpub own-

The following Committee substitute was read and adopted:
A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, so as to amend Code Section 3-1-2, relating to definitions, so as to add the definition of the term "brewpub"; to amend Code Section 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, so as to provide for an occupational license tax for brewpub owners; to amend Article 2 of Chapter 5 of said title, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, so as to provide for declaration of purpose; to provide a limited exception to the prohibition against ownership and employment interests between the manufacture, dis tribution, and sale of beer and malt beverages for owners and operators of brewpubs; to provide for activities authorized by a brewpub license; to provide for duties of a brewpub licensee; to provide for promulgation of rules and regulations by the Department of Reve nue; to provide for related matters; to repeal conflicting laws; and for other purposes.

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JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking Code Section 3-1-2, relating to definitions, and inserting in lieu thereof a new Code Section 3-1-2 to read as follows:
"3-1-2.
As used in this title, the term: (1) 'Alcohol' means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (2) 'Alcoholic beverage' means and includes all alcohol, distilled spirits, beer, malt beverage, wine, or fortified wine. (3) 'Brewpub' means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in Code Section 3-5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term 'eating establishment' means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least 50 percent of its total annual gross food and beverage sales from the sale of prepared meals or food. {3}{4] 'Broker' means any person who purchases or obtains an alcoholic beverage from an importer, distillery, brewery, or winery and sells the alcoholic beverage to another broker, importer, or wholesaler without having custody of the alcoholic beverage or maintaining a stock of the alcoholic beverage. 'Commissioner' means the state revenue commissioner. 'County or municipality' means those political subdivisions of this state as defined by law and includes any form of political subdivision consolidating a county with one or more municipalities. 'Department' means the Department of Revenue. 'Distilled spirits' means any alcoholic beverage obtained by distillation or con taining more than 21 percent alcohol by volume, including, but not limited to, all for tified wines. {8}(9) 'Fortified wine' means any alcoholic beverage containing more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, brandy. {9)(10) 'Gallon* or 'wine gallon' means a United States gallon of liquid measure equiv alent to the volume of 231 cubic inches or the nearest equivalent metric measurement. {10K11) 'Importer' means any person who imports an alcoholic beverage into this state from a foreign country and sells the alcoholic beverage to another importer, bro ker, or wholesaler and who maintains a stock of the alcoholic beverage. 'Individual' means a natural person. 'Malt beverage' means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 6 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine. 4t3}(14) 'Manufacturer' means any maker, producer, or bottler of an alcoholic bever age. The term also means: (A) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; (B) In the case of malt beverages, any brewer; and (C) In the case of wine, any vintner. {t4)(15) 'Military reservation' means a duly commissioned post, camp, base, or station of a branch of the armed forces of the United States located on territory within this state which has been ceded to the United States. {t6}(16) 'Package' means a bottle, can, keg, barrel, or other original consumer con tainer.

MONDAY, FEBRUARY 27, 1995

1223

4i6}(17) 'Person' means any individual, firm, partnership, cooperative, nonprofit mem bership corporation, joint venture, association, company, corporation, agency, syndi cate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or qua si-public. ft?}(18) 'Retail consumption dealer' means any person who sells distilled spirits for consumption on the premises at retail only to consumers and not for resale. f!8}(19) 'Retailer' or 'retail dealer' means, except as to distilled spirits, any person who sells alcoholic beverages, either in unbroken packages or for consumption on the premises, at retail only to consumers and not for resale. With respect to distilled spir its, the term means any person who sells distilled spirits in unbroken packages at retail only to consumers and not for resale. (t9}(20) 'Shipper' means any person who ships an alcoholic beverage from outside this state. 430)(21) 'Standard case' means six containers of 1.75 liters, 12 containers of 750 milliliters, 12 containers of one liter, 24 containers of 500 milliliters, 24 containers of 375 milliliters, 48 containers of 200 milliliters, or 120 containers of 50 milliliters. {t)(22) 'Taxpayer' means any person made liable by law to file a return or to pay tax. {83K23) 'Tax stamp' means the official mark, stamp, or indicium of the department used to indicate the payment of taxes imposed by this title. 433)(24) 'Wholesaler' or 'wholesale dealer' means any person who sells alcoholic bever ages to other wholesale dealers, to retail dealers, or to retail consumption dealers. {84}(25) 'Wine' means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, spe cial natural wines, rectified wines, and like products. The term does not include cook ing wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to the definition of wine contained in this Code section."

SECTION 2. Said title is further amended by striking subsection (a) of Code Section 3-5-20, relating to the levy and amount of state occupational tax on malt beverages, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An annual occupational license tax is imposed upon each brewer, manufacturer, broker, importer, wholesaler, and retail dealer of beer in this state, as follows:

(1) Upon each brewer.................................................................................. $ (2) Upon each wholesale dealer................................................................. (3) Upon each importer.............................................................................. (4) Upon each broker.................................................................................. (5) Upon each retail dealer ........................................................................ (6) Upon each brewpub operator ..............................................................

1,000.00 500.00 500.00 50.00 50.00
1,000.00"

SECTION 3. Said title is further amended by adding at the end of Article 2 of Chapter 5, relating to state license requirements and regulations for the manufacture, distribution, and sale of malt beverages, new Code Sections 3-5-35, 3-5-36, and 3-5-37 to read as follows:
"3-5-35.
The General Assembly reaffirms the policy of this state of strict enforcement of laws and regulations applicable to the manufacture or sale of beer, including without limita tion those establishing the three-tier distribution system with prohibitions against own ership and employment interests between the three tiers but creates a limited exception for the operation of 'brewpubs' as such term is defined in Code Section 3-1-2.

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JOURNAL OF THE HOUSE,

3-5-36.
A limited exception to the provisions of Code Sections 3-5-29 through 3-5-32 providing a three-tier system for the distribution and sale of malt beverages shall exist for owners and operators of brewpubs, subject to the following terms and conditions:
(1) No individual shall be permitted to own or operate a brewpub without first obtaining a proper license from the commissioner in the manner provided in this title, and each brewpub licenseholder shall comply with all other applicable state and local license requirements; (2) A brewpub license authorizes the holder of such license to:
(A) Manufacture on the licensed premises not more than 5,000 barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form; and (B) Operate an eating establishment that shall be the sole retail outlet for such beer and may offer for sale any other alcoholic beverages produced by other manufactur ers which are authorized for retail sale under this title, including wine, distilled spir its, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers. (3) Possession of a brewpub license shall not prevent the holder of such license from obtaining a retail consumption dealer's license or a retailer's license for the same premises. (4) A brewpub license does not authorize the holder of such license to sell alcoholic beverages by the package for consumption off the premises. (5) A brewpub licensee shall not offer or permit any free sampling of beer by its cus tomers on the premises of a brewpub. (6) The commissioner shall not issue a brewpub license if the brewpub premises are located in a county or municipality in which the sale of alcoholic beverages is prohib ited. (7) A brewpub licensee shall: (A) Pay all state and local license fees and excise taxes applicable to individuals licensed by this state as manufacturers, retailers, and, where applicable, wholesalers under this title; (B) At the request of the commissioner, provide an irrevocable letter of credit or an Irrevocable Standby Financial Guarantee Bond in favor of the State of Georgia in an amount sufficient to guarantee such brewpub licensee's estimated tax liability for the first year of operation; and (C) Measure beer manufactured on the premises and otherwise comply with appli cable regulations respecting excise and enforcement tax determination of such beer as required by this title.
3-5-37.
The Department of Revenue shall be authorized to promulgate and enforce such rules and regulations as it may deem necessary to carry out or make effective the provisions of Code Sections 3-5-35 and 3-5-36."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 100, nays 22.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Lewis of the 14th stated that he would like to be recorded as voting "nay" on HB 374.

MONDAY, FEBRUARY 27, 1995

1225

HB 240. By Representatives Buckner of the 95th, Lee of the 94th, Ashe of the 46th, Felton of the 43rd and Bailey of the 93rd:
A bill to amend Article 2 of Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to definitions and applications of terms under the "Employment Security Law," so as to change provisions relating to tem porary help contracting firms and their employees; to provide that a tempo rary help contracting firm employee who does not report for reassignment after completion of an assignment shall be deemed to have left employment voluntarily without good cause.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to general eligibility considerations for benefits under the "Employment Security Law," so as to change provisions relating to temporary help contracting firms and their employees; to provide that a temporary help contracting firm employee who does not report for reassign ment after completion of an assignment shall be presumed to have left employment volun tarily without good cause; to provide that the foregoing shall not apply unless the employee has been advised of his or her obligation to contact the temporary help agency upon completion of assignments; 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 34-8-195 of the Official Code of Georgia Annotated, relating to general eligi bility considerations for benefits under the "Employment Security Law," is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An individual shall not be deemed to be unemployed in any week such individual refuses an intermittent or temporary assignment without good cause when the assign ment offered is comparable to previous work or assignments performed by the individual or meets the conditions of employment previously agreed to between the individual and the employer. Such individual may be considered unemployed with respect to any week an assignment or work is not offered by the employer; provided, however, an employee of a temporary help contracting firm will be presumed to have voluntarily left employ ment without good cause if the employee does not contact the temporary help contract ing firm for reassignment upon completion of an assignment; provided, further, that such failure to contact the firm will not be considered a voluntary departure from employment unless the employee has been advised in writing of the obligation to contact the firm upon completion of assignments and has been advised in writing that unem ployment benefits may be denied for failure to do so."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representative Connell of the 115th was excused from voting on HB 240.

Representative Canty of the 52nd moved that HB 240 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

Ashe Bailey Baker

N Bannister N Barfoot N Bargeron

N Barnard N Barnes
Bates

N Benefield E Birdsong N Bordeaux

N Bostick Breedlove Brooks, D

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JOURNAL OF THE HOUSE,

Y Brooks, T Brown, G
Y Brown, J
N Brush
NBuck
N Buckner
Y Bunn
N Burkhalter
NByrd Y Campbell Y Canty N Carter N Chambless
Channell N Childers N Coker N Coleman, B
Coleman, T Connell NCox Y Crawford Y Crews N Culbreth N Cummings Y Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G
Dix Dixon, H N Dixon, S N Dobbs

N Ehrhart Epps
N Evans N Falls N Felton
Floyd N Godbee
N Golden
Goodwin N Greene N Grindley
Hanner N Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree N Henson N Holland
Y Holmes Y Howard N Hudson Y Hugley
Irvin E James
Jamieson N Jenkins
Y Johnson, G
N Johnson, J
N Johnston Jones

N Joyce NKaye N Kinnamon N Klein
Ladd Y Lakly
NLane N Lawrence
NLee N Lewis N Lifsey NLord
Lucas Y Maddox YMann N Martin N McBee
McCall Y McClinton Y McKinney N Mills
Y Mobley, B N Mobley, J
N Mosley
Mueller N O'Neal Y Orrock E Parham
N Parrish
Parsons
Y Pelote
N Perry
Y Pinholster

N Polak
Porter N Poston N Powell N Purcell, A
N Purcell, B Y Randall Y Randolph
NRay Reaves
N Reichert Y Roberts N Rogers N Royal N Sanders
Sauder Y Scoggins
Shanahan NShaw
N Sherrill Shipp
N Simpson Sinkfield
N Skipper N Smith, C N Smith, C.W N Smith, L
Smith, P N Smith, T N Smith, V N Smith, W
Smyre
N Snelling

N Snow N Stallings N Stancil, F
Y Stancil, S
Y Stanley, L Stanley, P
N Stephenson N Streat Y Taylor
Y Teague Teper Thomas
Tillman
N Titus N Towery Y Trense Y Turnquest
Twiggs Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmorland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates Murphy, Spkr

On the motion, the ayes were 39, nays 98. The motion was lost.

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates Y Benei'ield
E Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D N Brooks, T N Brown, G N Brown, J Y Brush
YBuck Y Buckner Y Bunn Y Burkhalter
NByrd Y Campbell
N Canty Y Carter Y Chambless Y Channell
Y Childers

Y Coker Y Coleman, B
Coleman, T Connell
YCox Y Crawford Y Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix N Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin N Greene
Y Grindley
Hanner

Y Harbin Y Harris
Hart Y Heard N Heckstall
N Hegstrom Y Hembree Y Henson Y Holland Y Holmes N Howard Y Hudson N Hugley
Irvin
E James
Jamieson Y Jenkins
N Johnson, G
Johnson, J Y Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd N Lakly YLane Y Lawrence YLee

Y Lewis N Lifsey YLord Y Lucas N Maddox
Mann Martin Y McBee Y McCall N McClinton
Y McKinney Y Mills
Mobley, B
Y Mobley, J N Mosley
Mueller Y O'Neal N Orrock E Parham Y Parrish
Parsons N Pelote Y Perry
Y Pinholster
Y Polak
Porter
Y Poston Y Powell
Y Purcell, A Y Purcell, B

N Randall N Randolph YRay
Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders
Sauder N Scoggins
Shanahan YShaw Y Sherrill
Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
Smith, P N Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling YSnow Y Stallings Y Stancil, F

MONDAY, FEBRUARY 27, 1995

1227

Y Stancil, S N Stanley, L
Stanley, P Y Stephenson Y Streat N Taylor

Teague Teper
Thomas Tillman Y Titus Y Towery

N Trense N Turnquest
Y Twiggs Walker, L
Y Walker, R.L Y Wall

Y Watson Y Watts
N Westmorland Y Whitaker N White Y Wiles

Y Williams, B Y Williams, J
Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 111, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 240 was ordered immediately transmitted to the Senate.

HB 344. By Representatives Skipper of the 137th, Watson of the 139th and Powell of the 23rd:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifi cations; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, so as to change the provisions relating to fees for examination, acti vation, and renewal of appraiser classifications; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification; to pro vide conditions under which the Georgia Real Estate Appraisers Board may issue an appraiser classification after certain sanctions or a lapsing or surrender of the applicant's license or classification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, relating to real estate appraisers, is amended by striking in its entirety Code Section 43-39A-11, relating to fees for examination, activation, and renewal of appraiser classifications, and inserting in lieu thereof a new Code Section 43-39A-11 to read as follows:
"43-39A-11.
(a) To pay its share of the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the board shall establish reasonable fees in accordance with Code Section 43-39A-4 and in accordance with its rule-making authority. No fee or portion of a fee required under this chapter which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees. (b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another exami nation as soon as scheduling permits. (c) Prior to the issuance of an original appraiser classification, each applicant shall pay an activation fee in advance as established by the board. (d) All appraiser classifications shall be renewed periodically as determined by the board in its rules and regulations, and the board shall charge a fee for any such

1228

JOURNAL OF THE HOUSE,

appraiser classification renewed. The time for renewal of an appraiser classification and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such appraiser classification in accordance with this chapter. An appraiser classification not renewed in accordance with this subsection shall be lapsed. (e) Applications and fees must be filed personally in the board's offices during regular business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service. (f) Any resident appraiser whose appraiser classification lapses for failure to pay a renewal fee may reactivate that appraiser classification within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactivation fee. If any resident appraiser allows an appraiser classification to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the resident appraiser may have that appraiser classification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the appraiser classification was lapsed plus a reactivation fee and by successfully com
pleting any educational course or courses which the board may require. Any resident appraiser whose appraiser classification has lapsed for longer than ten years and who seeks to have that appraiser classification reinstated must requalify as an original appli cant as set forth in Code Section 43-39A-8. Any nonresident appraiser whose appraiser classification lapses for failure to pay a renewal fee may reactivate that appraiser classi
fication by paying the fee required of an original applicant if such nonresident appraiser has maintained an active classification in his or her state of residence during the period that his or her classification lapsed. The board may refuse to renew an appraiser classifi
cation if the appraiser has continued to perform real estate appraisal activities following the lapsing of that appraiser classification. (g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue an appraiser classification by making a written request within 14
days of ceasing work that the appraiser classification be placed on inactive status. Any appraiser whose appraiser classification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate an appraiser classification held on inactive status, an appraiser must make application to the board prior to resuming real
estate appraisal activity. Any appraiser who seeks to reactivate an appraiser classifica tion which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's appraiser classification was placed on inactive
status. The education requirement for activating an appraiser classification on inactive status shall not apply to an appraiser who meets the continuing education requirement of subsection (b) of Code Section 43-39A-8 in each renewal period that such appraiser is on inactive status nor to an appraiser who has maintained an active appraiser classifi
cation in another state that has continuing education requirements while such apprais er's classification was on inactive status in Georgia. (h) Any appraiser who places an appraiser classification on inactive status shall be
required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the appraiser classification shall be lapsed. If an appraiser on inactive status changes address, the
appraiser shall notify the board of the new address, in writing, within 14 days, (i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of an appraiser classification or for imposing any sanction permitted by this
chapter. (j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school may rein
state the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee.

MONDAY, FEBRUARY 27, 1995

1229

(k) A reasonable fee, not to exceed the renewal fee charged for an appraiser classifica tion, may be imposed by the board on any applicant or appraiser who:
(1) Fails to notify the board in writing within 14 days of a change of address; or (2) Fails to respond within 14 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the board. (1) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338 and to submit to the Appraisal Subcommittee, no less than annually, a roster list ing real estate appraisers who have appraiser classifications suitable for inclusion in the federal registry. (m) Whenever an appraiser who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such appraiser's residence or place of business, the board may extend such appraiser's renewal period for up to two years without further payment of any fee by the appraiser upon satisfactory proof of the appraiser's uninsured major damage or loss. The board is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for appli cations filed by applicants and appraisers located in counties designated as disaster areas by state or federal authorities."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (h) of Code Section 43-39A-14, relating to required conduct of applicants and grounds for refusal of appraiser classification, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Whenever any occupational licensing body of this state, any other state, or any for eign country has sanctioned any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classifica tion to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, Where as applicant fe* tot appraiser classification has been sanctioned by the beard fey a similar beard ef any ether state or any foreign country after that occupational licensing body has initiated an investigation or a disci plinary process regarding such applicant's licensure or classification, such sanction laps ing, or surrender in itself may be a sufficient ground for refusal of an appraiser classification. An applicant for a appraiser classification whe has had a occupational registration, license, ef certification revoked by Whenever any occupational licensing body of this state, any other state, or any foreign country has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license or classification, the board may be granted issue an appraiser classifi cation by the board only if:
(1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

1230

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 Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn
Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Y Floyd Y Godbee
Y Golden Good win
Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Irvin
E James Jamieson Jenkins
Y Johnson, G Y Johnson,J Y Johnston Y Jones Y Joyce
YKaye Kinnamon
Y Klein YLadd
Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock

E Parham Y Parrish
Y Parsons Y Pelote Y Perry
Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman Y Titus
Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 47. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment of high school students in postsecondary courses, so as to change the definition of the term "eligible institution" or "institution"; to thereby change the types of institutions in which such high school students may so enroll.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 338. By Representative Barnes of the 33rd:
A bill to amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage.

MONDAY, FEBRUARY 27, 1995

1231

The following Committee substitute was read and adopted:

A BILL
To amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, so as to change the provisions relating to witness fees and mileage; 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 10 of Title 24 of the Official Code of Georgia Annotated, relating to subpoenas and notices to produce in general, is amended by striking Code Sec tion 24-10-24, relating to witness fees and mileage, and inserting in lieu thereof a new Code Section 24-10-24 to read as follows:
"24-10-24. The witness fee shall be $10.00 per diem, and execution shall be issued by the clerk upon affidavit of the witness to enforce payment thereof. The payment of fees shall not be demanded as a condition precedent to attendance. Whent b% when a witness resides outside the county where the testimony is to be given, service of the subpoena, to be valid, must be accompanied by tender of the fee for one day's attendance plus mileage of 20* per mile for traveling expenses for going from and returning to his or her place of residence by the nearest practical route. Tender of fees and mileage may be made by United States currencVj e* postal money order2 e* by cashier's check, er certified checkz or the check of an attorney or law firm. When the subpoena is issued on behalf of the state, or an officer, agency, or political subdivision thereof, or a defendant in a criminal case, fees and mileage need not be tendered."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates
Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter
Y Byrd Y Campbell Y Canty

Y Carter
Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Y Evans Y Falls

Y Felton
Y Floyd Godbee
Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley
Irvin E James
Jamieson Y Jenkins Y Johnson, G

Y Johnson, J
Y Johnston Jones
Y Joyce Y Kaye Y Kinnamon Y Klein
Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann
Martin McBee Y McCall Y McClinton Y McKinney
Y Mills Y Mobley, B Y Mobley, J

Y Mosley
Y Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers
Y Royal Y Sanders
Sauder

1232

JOURNAL OF THE HOUSE,

Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson
Sinkfield
Y Skipper Y Smith, C Y Smith, C.W

Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F

Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman

Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts

Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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

SB 23. By Senators Isakson of the 21st and Walker of the 22nd:
A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Anno tated, relating to insurance generally, so as to allow the use of preexisting condition exclusions or limitations in group policies or contracts of disability income insurance; to provide for the definition of the term preexisting condi tion in group policies or contracts of disability income insurance.

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 Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker
Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin
Harris YHart
Y Heard Y Heckstall Y Hegstrom Y Hembree
Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Irvin
E James
Y Jamieson Y Jenkins
Y Johnson,G Y Johnson,J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann
Martin Y McBee
Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster
Polak Y Porter Y Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling
Snow Y Stallings Y Stancil, F
Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman
Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L
Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 160, nays 0. The Bill, having received the requisite constitutional majority, was

MONDAY, FEBRUARY 27, 1995

1233

HB 233. By Representatives Coleman of the 142nd and Smyre of the 136th:
A bill to amend Code Section 28-5-5 of the Official Code of Georgia Anno tated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, relating to the number of members of the committee; to change provisions relating to the time of appointment of members of the committee.

The following amendment was read:

Representatives Stancil of the 16th and Towery of the 30th move to amend HB 233 as follows:
Page 1 line 17 change "six" to seven,
Line 19 change "six" to "seven"
Line 24 after "appointed".
Add: The Minority Leader of House of Representatives and the Minority Leader of Senate shall be members of said Committee.

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

Ashe N Bailey N Baker Y Bannister
N Barfoot N Bargeron Y Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
N Canty N Carter N Chambless N Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox Y Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd
Godbee Golden Y Goodwin N Greene Y Grindley N Manner Y Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Irvin
E James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye
Kinnamon Y Klein
Ladd Y Lakly N Lane Y Lawrence NLee N Lewis Y Lifsey NLord
Lucas Y Maddox YMann
Martin N McBee N McCall N McClinton
McKinney Y Mills N Mobley, B
N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

E Parham N Parrish
Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter
Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts N Rogers N Royal
Y Sanders Y Sauder N Scoggins N Shanahan NShaw
N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

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

The following amendment was read:

Y Smith, W N Smyre Y Snelling NSnow
S tailings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor
N Teague NTeper
Thomas N Tillman
Y Titus Y Towery Y Trense N Turnquest N Twiggs
Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland Y Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates N Murphy, Spkr

1234

JOURNAL OF THE HOUSE,

Representative Woods of the 32nd moves to amend HB 233 as follows:
On page 1 line 18 after the word "Representatives" add the words "four of whom are", and on line 19 after the word "Representatives" add the words "and two of whom are appointed by the House Minority Leader;", and on line 20 after the word "Senate" add the words "four of whom are", and on line 21 after the word "Senate" add the words "and two of whom are appointed by the Senate Minority Leader".

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

Ashe N Bailey N Baker Y Bannister
Barfoot N Bargeron Y Barnard N Barnes N Bates N Benefield
E Birdsong
N Bordeaux
N Bostick Y Breedlove Y Brooks, D
N Brooks, T Brown, G
Y Brown, J Y Brush NBuck
N Buckner Y Bunn
Y Burkhalter
NByrd Y Campbell N Canty
N Carter N Chambless N Channel! N Childers
Coker Y Coleman, B N Coleman, T
N Connell NCox Y Crawford

Y Crews
N Culbreth
N Cummings
N Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G
YDix N Dixon, H
N Dixon, S N Dobbs
Y Ehrhart NEpps Y Evans Y Falls Y Felton N Floyd
God bee N Golden Y Goodwin N Greene Y Grindley N Hanner
Harbin Y Harris NHart N Heard N Heckstall N Hegstrom
Y Hembree
N Henson
N Holland N Holmes N Howard N Hudson

N Hugley
Irvin
E James N Jamieson
N Jenkins
Y Johnson, G
Johnson, J
Y Johnston
N Jones Y Joyce YKaye
Kinnamon Y Klein
Ladd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann
Martin
N McBee McCall
N McClinton
McKinney
Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal
N Orrock

E Parham N Parrish Y Parsons N Pelote N Perry
Y Pinholster N Polak
N Porter
Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray
N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw
N Sherrill Y Shipp
Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

Y Smith, W NSmyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor
N Teague N Teper
Thomas N Tillman Y Titus
Y Towery
Y Trense N Turnquest N Twiggs
Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmorland
Whitaker N White Y Wiles Y Williams, B
Y Williams, J Williams, R Woods
Y Yates N Murphy, Spkr

On the adoption of the amendment, the ayes were 57, nays 97. 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 Bailey Y Baker
Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
E Birdsong
Y Bordeaux Y Bostick

Y Breedlove Y Brooks, D Y Brooks, T
Brown, G
N Brown, J
Y Brush YBuck
Y Buckner
N Bunn Y Burkhalter YByrd Y Campbell Y Canty

Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings

Y Davis, G
N Davis, M YDay Y DeLoach, B N DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps N Evans N Falls

Felton Y Floyd
Godbee Y Golden
N Goodwin
Y Greene Y Grindley Y Hanner Y Harbin
Harris YHart Y Heard Y Heckstall

MONDAY, FEBRUARY 27, 1995

1235

Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley
Irvin
E James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J N Johnston Y Jones Y Joyce NKaye
Kinnamon Y Klein
Ladd N Lakly YLane

Y Lawrence YLee Y Lewis N Lifsey Y Lord Y Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons

Y Pelote Y Perry
Pinholster 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 Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill

Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W
Y Smyre N Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor Y Teague

Y Teper Thomas
Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmorland Y Whitaker Y White N Wiles Y Williams, B Y Williams, J Y Williams, R N Woods N Yates Murphy, Spkr

On the passage of the Bill, the ayes were 137, nays 23. The Bill, having received the requisite constitutional majority, was passed.
The Speaker assumed the Chair.
HR 368. By Representatives Murphy of the 18th, Coleman of the 14^nd, Walker of the 141st, Smyre of the 136th, Lee of the 94th and others: A resolution designating the Pete Hackney Parking Facility.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Y Bates Y Benetield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T

Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley
Irvin E James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein
Ladd Lakly YLane Y Lawrence YLee
Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall

Y McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan

Y Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W
Y Smyre Y Snelling YSnow Y Stallings 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

1236

JOURNAL OF THE HOUSE,

Y Walker, L Y Walker, R.L Y Wall

Y Watson Y Watts Y Westmoreland

Y Whitaker Y White Y Wiles

Y Williams, B Y Williams, J Y Williams, R

Woods Yates Y Murphy, Spkr

On the adoption of the Resolution, the ayes were 163, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HB 271. By Representative Orrock of the 56th:
A bill to amend Chapter 12 of Title 34 of the Official Code of Georgia Anno tated, known as the "Amusement Ride Safety Act," so as to define the term "certificate fee"; to change the provisions relating to waiver of ride inspection requirement; to change the provisions relating to the issuance of permits.

The following amendment was read and adopted:

The Committee on Industrial Relations moves to amend HB 271 by deleting the quotation marks at the end of line 41 of page 3 and inserting in lieu thereof the following:
"Nothing in this chapter preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48.'"
By deleting the quotation marks at the end of line 24 of page 5 and inserting in lieu thereof the following:
"Nothing in this chapter preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48.'"

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 Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick N Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter
Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell

Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M N Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps N Evans Y Falls
Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene

Y Grindley Y Manner Y Harbin N Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley
Irvin E James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
N Joyce N Kaye
Kinnamon Y Klein Y Ladd N Lakly

Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas N Maddox
Mann Y Martin Y McBee
McCall McClinton McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Y Orrock E Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster 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 N Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan N Shaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C
Y Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V N Smith, W

MONDAY, FEBRUARY 27, 1995

1237

Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L

Stanley, P Stephenson Y Streat Y Taylor Y Teague Y Teper Thomas

Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L

Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland N Whitaker Y White

Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 146, nays 16.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 356. By Representatives Walker of the 141st, Murphy of the 18th, Buck of the 135th, Parrish of the 144th, Twiggs of the 8th and others:
A resolution requesting the Governor to declare May 20, 1995, as a special day in recognition and support of Georgia citizens with Parkinson's Disease.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
YHart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Irvin
E James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders
Y Sauder Scoggins
Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson
Y Streat Y Taylor Y Teague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L
Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 159, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Reaves of the 178th District, Chairman of the Committee on Agricul ture & Consumer Affairs, submitted the following report:

1238

JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Agriculture & Consumer Affairs has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 367 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 610 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 202 Do Pass
Respectfully submitted, /a/ Hanner of the 159th
Chairman

Representative Royal of the 164th 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 49 Do Pass, as Amended
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

MONDAY, FEBRUARY 27, 1995

1239

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

1240

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, February 28, 1995

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 Baker Bannister
Bargeron
Barnard Barnes Benefield Bostick Brooks, D
Brooks, T
Brown, G Brown, J Brush Buck Bunn Burkhalter Byrd Campbell
Carter Chambless Channell Childers Coker Coleman, B Connell Crawford Crews Culbreth

Cummings Davis, M Day DeLoach, B DeLoach, G Dix Dixon, H Dixon,S Dobbs Ehrhart Epps Evans Felton
God bee Golden
Goodwin
Greene
Grindley
Harbin
Harris
Heard
Hegstrom
Hembree
Holland
Howard
Hudson
Hugley

James
Jamieson Jenkins
Johnson, J
Johnston
Jones
Joyce Kinnamon Klein Ladd Lakly Lane
Lawrence
Lewis Lifsey Lucas Maddox Mann McBee McCall McKinney Mills Mobley, J Mosley Mueller O'Neal Parsons

Pelote
Perry Polak Powell Purcell, A Purcell, B Randolph Reaves Reichert Roberts Rogers Royal Sanders
Sauder Shanahan
Sherrill
Shipp
Simpson
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T
Smith, V
Snelling
Snow

Stallings Stancil, F Stancil, S Stanley, L
Stanley, P
Stephenson Streat Taylor Teague Teper Thomas Tillman Titus Trense Wall
Watson
Watts Westmoreland
Whitaker
White
Wiles
Williams, B
Williams, J
Williams, R
Woods
Yates
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Poston of the 3rd, Cox of the 160th, Kaye of the 37th, Mobley of the 69th, Davis of the 48th, Hart of the 116th, Floyd of the 138th, Heckstall of the 55th, Ray of the 128th, Buckner of the 95th, Lee of the 94th, Shaw of the 176th, Bordeaux of the 151st, Barfoot of the 155th, Porter of the 143rd, Orrock of the 56th, Smith of the 174th, Scoggins of the 24th, McClinton of the 68th, Sinkfield of the 57th, Breedlove of the 85th, Twiggs of the 8th, Henson of the 65th, Towery of the 30th, Falls of the 125th, Bailey of the 93rd, Coleman of the 142nd, Bates of the 179th, Lord of the 121st, Smyre of the 136th and Hanner of the 159th.
They wish to be recorded as present.

Prayer was offered by the Reverend Roger R. Browher, Jr., Pastor, Rincon Baptist Temple, Rincon, Georgia.

The members pledged allegiance to the flag.

Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

TUESDAY, FEBRUARY 28, 1995

1241

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

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

HB 869. By Representatives Watson of the 139th, Walker of the 141st, Ray of the 128th and Floyd of the 138th:
A bill to provide a homestead exemption from all City of Warner Robins ad valorem taxes for any city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain persons who have been residents of the City of Warner Robins for at least the immediately preceding five years and who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 870. By Representatives Childers of the 13th and Perry of the llth:
A bill to amend Chapter 20 of Title 31 of the Official Code of Georgia Anno tated, relating to sterilization procedures, so as to change the provisions relating to physician's explanations regarding such procedures.
Referred to the Committee on Health & Ecology.

HB 871. By Representatives Childers of the 13th, Smith of the 12th and Perry of the llth:
A bill to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, so as to pro vide authorization with certain conditions for certain counties and municipal ities to levy such tax.
Referred to the Committee on Ways & Means.

HB 872. By Representative Smith of the 109th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Butts County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 873. By Representative Teper of the 61st:
A bill to amend Code Section 10-1-510 of the Official Code of Georgia Anno tated, relating to conveyance of rights in works of fine art, so as to change a certain condition upon which printers may agree to duplicate works of fine art.
Referred to the Committee on Industry.

1242

JOURNAL OF THE HOUSE,

HB 874. By Representatives Royal of the 164th and Greene of the 158th:
A bill to amend an Act providing for the compensation of the chairman and members of the Board of Education of Mitchell County, so as to change the compensation of the chairman and members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 875. By Representative Teper of the 61st:
A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congres sional districts of Georgia.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 876. By Representatives Dixon of the 150th and Mosley of the 171st:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relating to the Employees' Retirement System of Georgia, so as to pro vide that members of such retirement system may obtain creditable service for prior service as a temporary full time employee.
Referred to the Committee on Retirement.

HB 877. By Representative Smith of the 109th:
A bill to amend an Act making provisions for the Magistrate Court of Butts County, so as to change the provisions relating to the election of the chief magistrate of such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 878. By Representative Brown of the 130th:
A bill to amend Code Section 37-2-5.1 of the Official Code of Georgia Anno tated, relating to allocation of funds by the regional boards, so as to provide for fund allocations to community service boards and procedures regarding bids for services.
Referred to the Committee on Appropriations.

HB 879. By Representatives Harris of the 17th, Pinholster of the 15th and Stancil of the 16th:
A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," so as to change the qualifications of the chairman and mem bers; to change the provisions relating to compensation of the chairman and members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 880. By Representatives Cox of the 160th, Bates of the 179th and Royal of the 164th:
A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to revise and modernize the law relating to the Georgia Industries for the Blind.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 28, 1995

1243

HB 881. By Representative Smith of the 109th:
A bill to amend Chapter 11 of Title 51 of the Official Code of Georgia Anno tated, relating to defenses to tort actions, so as to provide for sovereign immunity for counties, municipalities, and school districts; to provide that the immunity of counties, municipalities, and school districts shall be waived as to the recovery of damages for any claim against a county, municipality or school district for which liability insurance protection has been provided, but only to the extent of the liability insurance provided.
Referred to the Committee on Judiciary.

HB 882. By Representative Smith of the 102nd:
A bill to create the Harris County Public Improvements Authority and to provide for the appointment of members of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 883. By Representative Smith of the 102nd:
A bill to create the Harris County Streets and Roads Authority and to pro vide for the appointment of members of the Authority.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 884. By Representative Byrd of the 170th:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide a plan for appor tioning and assigning rejected risks; to provide a name for such plan; to define three tiers of risks and the employers which shall be included in each tier.
Referred to the Committee on Industrial Relations.

HB 888. By Representatives Hart of the 116th and DeLoach of the 119th:
A bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge of such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 889. By Representatives McBee of the 88th, Heard of the 89th, Scoggins of the 24th and Stancil of the 91st:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that hospitals having more than a certain number of beds shall be exempt from the requirement of obtaining a certificate of need in order to offer home health care services.
Referred to the Committee on Health & Ecology.

HB 890. By Representatives Epps of the 131st, Brown of the 130th and Smith of the 102nd:
A bill to amend Code Section 12-3-3 of the Official Code of Georgia Anno tated, relating to powers of the Department of Natural Resources regarding parks and recreation projects, so as to provide that certain additional prop erty may be subleased for private development and operation of park facili ties.
Referred to the Committee on Game, Fish & Parks.

1244

JOURNAL OF THE HOUSE,

HB 891. By Representatives Culbreth of the 132nd, Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th, Royal of the 164th and others:
A bill to amend Article 2 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible personal property tax, so as to change the manner and method of payment of such tax; to change the provi sions relating to returns; to provide for filing of the return and payment of the tax.
Referred to the Committee on Ways & Means.

HB 892. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th, Taylor of the 134th, Hugley of the 133rd and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official honorary hostess of the state.
Referred to the Committee on Rules.

HB 893. By Representative Hudson of the 156th:
A bill to amend an Act incorporating the City of Ocilla, so as to provide for the election of the mayor and councilmembers from districts; to provide for such districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 894. By Representative Woods of the 32nd:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that an unsuccessful contestant shall be liable for attorney's fees; to provide for collection of such attorney's fees.
Referred to the Committee on Judiciary.

HB 895. By Representative Chambless of the 163rd:
A bill to amend Code Section 17-5-30 of the Official Code of Georgia Anno tated, relating to motions to suppress evidence, so as to provide for the admission of seized evidence under certain circumstances which provide indi cia of veracity and good faith; to comply with federal practice.
Referred to the Committee on Judiciary.

HB 899. By Representatives Lane of the 146th, Godbee of the 145th and Purcell of the 147th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to create a new third judgeship for the Ogeechee Judicial Circuit.
Referred to the Committee on Judiciary.

HB 900. By Representatives Sinkfield of the 57th and Lucas of the 124th:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions relating to revenue and taxation, so as to provide for statistical surveys regarding certain tax deductions, exemp tions, exclusions, and other tax and education benefits.
Referred to the Committee on Children and Youth.

TUESDAY, FEBRUARY 28, 1995

1245

HR 418. By Representative Stephenson of the 25th: A resolution designating the Trail of Tears Parkway.
Referred to the Committee on Transportation.

HR 419. By Representatives Cummings of the 27th, Childers of the 13th and Lewis of the 14th:
A resolution authorizing the conveyance of certain state owned real proper ties located in Bartow County.
Referred to the Committee on State Institutions & Property.

HR 420. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th, McClinton of the 68th, Polak of the 67th and others:
A resolution creating the Joint Study Committee on DeKalb County's Form of Government.
Referred to the Committee on Rules.

HR 436. By Representatives Hart of the 116th, Sinkfield of the 57th, Childers of the 13th and Godbee of the 145th:
A resolution creating the Joint Interagency Collaboration in Services to Youth 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 901. By Representative Poston of the 3rd:
A bill to amend Code Section 20-2-281 of the Official Code of Georgia Anno tated, relating to assessment of effectiveness of education programs, so as to suspend administration in grade 11 of the curriculum-based assessment for graduation purposes for four school years.
Referred to the Committee on Education.

HB 907. By Representative Crawford of the 129th:
A bill to amend Chapter 9 of Title 16 of the Official Code of Georgia Anno tated, relating to forgery and fraudulent practices, so as to provide for the crime of misrepresenting the origin of timber.
Referred to the Committee on Judiciary.

HB 911. By Representative Holland of the 157th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Anno tated, relating to licenses required of electrical, plumbing, and conditioned air contractors, so as to provide a period for applying for an unrestricted license by certain persons.

House of Representatives Atlanta, Georgia 30334

1246

JOURNAL OF THE HOUSE,

To: Clerk of the House Re: LC 21 3386, HB 911
Pursuant to Rule 52 this is to notify that I intend to move to engross the above named bill.
Sincerely, /s/ Ray Holland
Representative Dist 157
Referred to the Committee on Industry.

HB 912. By Representative Holland of the 157th:
A bill to amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to provide that the district attorney of every circuit shall provide each grand jury with certain presentments and recommendations of the immediately preceding grand jury; to provide that each grand jury shall have the right and duty to inquire into actions taken in response to such presentments and recommendations.
Referred to the Committee on Judiciary.

HB 915. By Representative Holland of the 157th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions relative to sales and use taxes, so as to provide that the routine repair of farm equipment, milling machinery, and farm related machinery shall not constitute a fabrication within the meaning of such Code section.

House of Representatives Atlanta, Georgia 30334
To: Clerk of the House Re: LC 18 6697, HB 915
Pursuant to Rule 52, this is notice that I intend to move at the appropriate time to engross the above bill.
Sincerely, /s/ Ray Holland
Dist 157
Referred to the Committee on Ways & Means.

HB 916. By Representatives Lord of the 121st and Dobbs of the 92nd:
A bill to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confine ment, so as to provide for the offense of riot in a penal institution.
Referred to the Committee on State Institutions & Property.

HB 921. By Representative Williams of the 83rd:
A bill to amend Code Section 40-8-20 of the Official Code of Georgia Anno tated, relating to when lighted headlights and other lights are required, so as to provide that headlights shall be required at all times.
Referred to the Committee on Motor Vehicles.

TUESDAY, FEBRUARY 28, 1995

1247

HB 924. By Representatives Holland of the 157th and Watson of the 139th:
A bill to amend Code Section 43-26-7 of the Official Code of Georgia Anno tated, relating to requirements for licensure as a registered professional nurse, so as to change certain provisions relating to reinstatement of such license.

House of Representatives Atlanta, Georgia 30334
To: Clerk of the House Re: HB 924
This is to notify you of my intention to move at the appropriate time to engross the above bill.
Sincerely, /s/ Ray Holland
Dist 157
Referred to the Committee on Industry.

HB 925. By Representatives Bailey of the 93rd and Benefield of the 96th:
A bill to amend Code Section 17-6-30 of the Official Code of Georgia Anno tated, relating to fees of sureties on criminal bonds, so as to increase the amount of compensation which may be charged or received with respect to such bonds.
Referred to the Committee on Judiciary.

HB 926. By Representatives Bailey of the 93rd and Benefield of the 96th:
A bill to amend Code Section 17-6-71 of the Official Code of Georgia Anno tated, relating to execution hearings upon failure of principals to appear in court, so as to change the time period during which a judge may order an execution hearing.
Referred to the Committee on Judiciary.

HB 927. By Representatives Bailey of the 93rd, Benefield of the 96th and Lee of the 94th:
A bill to amend Code Section 45-7-54 of the Official Code of Georgia Anno tated, relating to salary deductions of state employees for certain not-forprofit organizations, so as to change the provisions relating to the minimum number of such employees required to request such deductions.
Referred to the Committee on State Planning & Community Affairs.

HB 928. By Representative Byrd of the 170th:
A bill to amend Chapter 4 of Title 47 of the Official Code of Georgia Anno tated, the "Public School Employees Retirement System Act," so as to pro vide for service credit for prior military service; to provide for retirement ages; to repeal certain provisions relating to early retirement.
Referred to the Committee on Retirement.

1248

JOURNAL OF THE HOUSE,

HB 930. By Representatives Purcell of the 147th, Lane of the 146th and Godbee of the 145th:
A bill to amend Code Section 52-7-13 of the Official Code of Georgia Anno tated, relating to boating safety zones, so as to change a certain boating safety zone.
Referred to the Committee on Game, Fish & Parks.

HR 439. By Representatives Taylor of the 134th, Hugley of the 133rd, Culbreth of the 132nd, Smyre of the 136th, Buck of the 135th and others:
A resolution urging the State Board of Education and the State Superintend ent of Schools to authorize and encourage local school boards to adopt an official anti-litter pledge for elementary school programs.
Referred to the Committee on Education.

HR 440. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Greene of the 158th, Cox of the 160th and others:
A resolution creating the House Poultry Feed and Transportation Study Committee.
Referred to the Committee on Rules.

HR 448. By Representatives Bates of the 179th, Royal of the 164th, Murphy of the 18th, Bargeron of the 120th, Lord of the 121st and others:
A resolution honoring Walter E. Cox and designating a portion of Georgia Highway 1 and U.S. Highway 27 as the "Walter E. Cox Parkway".
Referred to the Committee on Transportation.

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

HB 843
HB 844 HB 845 HB 846
HB 847 HB 848 HB 849 HB 850

HR 8S2

HR III rrHtllirDnRs lB0a5uoz4oz

THtHHrTBBnoD

B88Oac55Co'O787b

HB 859

HB 860

HB 861

HB 862

HB 863

HB 864

HB 865
HB 866 HB 867 HB 868
HB 885 HB 886 HB 887 HB 896

HB 897

HB 898 HTHTTTKTTRJJ 44,,101, 180t

H "THJTK RKJ

44A4.11.i1.cZ 7,,7i

HR 437

HR 438

SB 133

SB 175

SB 218

SB 226

TUESDAY, FEBRUARY 28, 1995

1249

SB 272 SB 285

SR 101 SR 164

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 304 Do Pass, by Substitute HB 720 Do Pass, by Substitute HB 742 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 821 Do Pass HB 826 Do Pass HB 827 Do Pass

HB 829 Do Pass HB 830 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR TUESDAY, FEBRUARY 28, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 30th Legislative Day as enu merated below:
HB 116 Firefighters; amend provisions HB 148 Intergovernmental Solid Waste Coordinating Council; create HB 336 Income tax; mfg facilities; job tax credit; amend HB 406 Education; Professional Standards Commission; executive secretary HB 409 Police pursuit; death or injury to third party (Postponed) HB 415 Aggravated stalking; violation of peace bond HB 509 Aggravated assault by parolee or probationer; bond HB 561 Local boards of education; education required to hold office HB 596 Workers' comp; amend; Workers' Comp Truth in Advertising; enact HB 655 Accelerant detection dog; penalty for destroying or injuring HB 669 Health care corporations; delete nonprofit references

1250

JOURNAL OF THE HOUSE,

HB 694 Behavior inconsistent with laws of state; prohibit state funds HB 791 Disposition of unclaimed property; checks, drafts, etc; time limit
HR 231 Carroll County; convey property; accept property HR 323 Regional development centers; ratify boundaries
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 821. By Representatives Poston of the 3rd, Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A bill to amend an Act providing a salary for the court reporters of the Lookout Mountain Judicial Circuit, so as to change the method of setting the salary of the court reporters.

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

HB 827. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating a board of utilities commissioners for Catoosa County, so as to add a provision which permits the board of utilities commissioners to elect to participate in a group health insurance plan selected by the members of the board.

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

HB 829. By Representatives Bordeaux of the 151st, Dixon of the 150th, Pelote of the 149th, Thomas of the 148th, Mueller of the 152nd and others:
A bill to repeal an Act creating the Chatham County Recreation Authority and the Georgia International and Maritime Trade Center Authority.

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

HB 830. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th, Mueller of the 152nd and Day of the 153rd:
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.

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

TUESDAY, FEBRUARY 28, 1995

1251

HB 826. By Representative Whitaker of the 7th:
A bill to provide a homestead exemption from Lumpkin County School Dis trict ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previ ously read Bills.
On the passage of the Bills, the roll call was ordered and the vote was as follows:

Y Ashe Bailey Baker
Y Bannister Barfoot
Y Bargeron Barnard
Y Barnes Bates
Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush YBuck
Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless
Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland Holmes Y Howard Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd
Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal Y Orrock

E Parham Y Parrish
Y Parsons Y Pelote Y Perry E Pinholster
Polak Porter Y Poston Y Powell Purcell, A Purcell, B Randall Y Randolph YRay Y Reaves Reichert Roberts Y Rogers Y Royal
Y Sanders Y Sauder
Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling Snow
Y Stallings Stancil, F
Y Stancil, S Y Stanley, L
Y Stanley, P Stephenson
Y Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 138, 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:

HB 741. By Representative Barnard of the 154th: A bill to provide a new charter for the City of Hagan.

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HB 753. By Representative Shanahan of the 10th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Gordon County.
HB 761. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to authorize the City of Monroe to provide for telecommuni cations services both inside and outside the corporate limits of the city sub ject to certain laws.
HB 762. By Representative Walker of the 87th:
A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to change the provisions relating to the establishment of the government for the City of Monroe; to provide new election districts.

HB 674. By Representative Scoggins of the 24th:
A bill to amend an Act incorporating the City of Ila in the County of Madi son, so as to change the terms of office of the mayor and councilmembers.
SB 391. By Senators Land of the 16th and Langford of the 29th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Harris County and the judge of the Magistrate Court of Harris County; to provide for terms of office.

SB 281. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Anno tated, relating to the employment of teachers, principals, and other certified professional personnel, so as to provide requirements for the advertisement of teacher vacancies.

SB 294. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-797 of the Official Code of Georgia Anno tated, relating to Professional Practices Commission disciplinary recommen dations, so as to provide for findings of fact, conclusions of law, and recommendations by the Professional Practices Commission; to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hear ing procedures of the Office of State Administrative Hearings, so as to pro vide for findings of fact.

SB 332. By Senator Langford of the 29th:
A bill to amend Code Section 33-14-19 of the Official Code of Georgia Anno tated, relating to financial interests in and transactions with insurers by offi cers, directors, committee members, or employees who invest insurers' funds, so as to change certain provisions relating to insurance corporations; to authorize certain transactions with insurers by said officers, directors, com mittee members, or employees.

SB 351. By Senators Ray of the 19th and Gillis of the 20th:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Anno tated, relating to general powers and duties of the State Structural Pest Con trol Commission, so as to provide for appropriate examinations for applicants.

TUESDAY, FEBRUARY 28, 1995

1253

SB 353. By Senators Harbison of the 15th and Land of the 16th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical techni cians, so as to change the definition of the term "law enforcement officer"; to provide that certain members of the Georgia National Guard carrying out law enforcement duties shall be eligible for indemnification with respect to death or disability occurring in the line of duty.

SB 354. By Senator Harbison of the 15th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to the state militia, so as to provide that certain reemployment rights, privileges, and benefits granted to persons in the military service shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service.

SB 363. By Senators Hill of the 4th, Tysinger of the 41st and Turner of the 8th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to revise the legislative findings and statement of purpose of the Georgia Higher Edu cation Assistance Corporation and the Georgia Student Finance Authority; to change the definitions of certain terms; to authorize the Georgia Higher Edu cation Assistance Corporation to contract for the servicing of educational loans and for the administration of any portion of the Georgia Higher Educa tion Loan Program.

SB 377. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to preclude application of certain laws gov erning such apparatuses to single-seat, single-passenger chairlifts located in buildings owned and operated by certain nonprofit organizations.

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

SR 77. By Senators Marable of the 52nd, Oliver of the 42nd, Hill of the 4th and Thomas of the 10th:
A resolution creating the Joint Guardianship Study Committee.

SR 180. By Senators Marable of the 52nd, Cagle of the 49th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall by general law authorize the sharing of pro ceeds of special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal purposes by a municipality, or educational purposes by local school districts, including independent school districts, or any combination thereof; to provide for submission of this amendment for ratification or rejection.

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

SB 281. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-211 of the Official Code of Georgia Anno tated, relating to the employment of teachers, principals, and other certified professional personnel, so as to provide requirements for the advertisement of teacher vacancies.
Referred to the Committee on Education.

SB 294. By Senator Ragan of the llth:
A bill to amend Code Section 20-2-797 of the Official Code of Georgia Anno tated, relating to Professional Practices Commission disciplinary recommen dations, so as to provide for findings of fact, conclusions of law, and recommendations by the Professional Practices Commission; to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hear ing procedures of the Office of State Administrative Hearings, so as to pro vide for findings of fact.
Referred to the Committee on Education.

SB 332. By Senator Langford of the 29th:
A bill to amend Code Section 33-14-19 of the Official Code of Georgia Anno tated, relating to financial interests in and transactions with insurers by offi cers, directors, committee members, or employees who invest insurers' funds, so as to change certain provisions relating to insurance corporations; to authorize certain transactions with insurers by said officers, directors, com mittee members, or employees.
Referred to the Committee on Insurance.

SB 351. By Senators Ray of the 19th and Gillis of the 20th:
A bill to amend Code Section 43-45-8 of the Official Code of Georgia Anno tated, relating to general powers and duties of the State Structural Pest Con trol Commission, so as to provide for appropriate examinations for applicants.
Referred to the Committee on Industry.

SB 353. By Senators Harbison of the 15th and Land of the 16th:
A bill to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical techni cians, so as to change the definition of the term "law enforcement officer"; to provide that certain members of the Georgia National Guard carrying out law enforcement duties shall be eligible for indemnification with respect to death or disability occurring in the line of duty.
Referred to the Committee on Public Safety.

TUESDAY, FEBRUARY 28, 1995

1255

SB 354. By Senator Harbison of the 15th:
A bill to amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to rights, privileges, and prohibitions applicable to the state militia, so as to provide that certain reemployment rights, privileges, and benefits granted to persons in the military service shall be extended to and be applicable to any person who is a member of the Georgia National Guard and who is called into active state service.
Referred to the Committee on Defense & Veterans Affairs.

SB 363. By Senators Hill of the 4th, Tysinger of the 41st and Turner of the 8th:
A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to revise the legislative findings and statement of purpose of the Georgia Higher Edu cation Assistance Corporation and the Georgia Student Finance Authority; to change the definitions of certain terms; to authorize the Georgia Higher Edu cation Assistance Corporation to contract for the servicing of educational loans and for the administration of any portion of the Georgia Higher Educa tion Loan Program.
Referred to the Committee on University System of Georgia.

SB 377. By Senators Boshears of the 6th and Kemp of the 3rd:
A bill to amend Part 6 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, so as to preclude application of certain laws gov erning such apparatuses to single-seat, single-passenger chairlifts located in buildings owned and operated by certain nonprofit organizations.
Referred to the Committee on Industry.

SB 391. By Senators Land of the 16th and Langford of the 29th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Harris County and the judge of the Magistrate Court of Harris County; to provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 77. By Senators Marable of the 52nd, Oliver of the 42nd, Hill of the 4th and others:
A resolution creating the Joint Guardianship Study Committee.
Referred to the Committee on Rules.

SR 180. By Senators Marable of the 52nd, Cagle of the 49th, Dean of the 31st and others:
A resolution proposing an amendment to the Constitution so as to provide that the General Assembly shall by general law authorize the sharing of pro ceeds of special purpose county sales and use taxes for capital outlay projects for county purposes by a county, municipal purposes by a municipality, or educational purposes by local school districts, including independent school districts, or any combination thereof; to provide for submission of this amendment for ratification or rejection.
Referred to the Committee on Ways & Means.

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

HB 655. By Representative Watson of the 139th:
A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning offenses involving dangerous instrumentalities and practices, so as to change the defi nition of the offense of destroying or injuring a police dog; to make it unlaw ful to knowingly and intentionally destroy or cause serious or debilitating physical injury to an accelerant detection dog.

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 Bailey Y Baker Y Bannister Y Barfoot
Bargeron Barnard
Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G
Y Brown, J Brush
YBuck Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox
Y Crawford

Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton
Floyd Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Herobree Y Henson
Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Jamieson
Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Lucas Y Maddox
YMann Y Martin Y McBee Y McCall
McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal
Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry E Pinholster Y Polak Y Porter
Poston Y Powell
Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Reichert Roberta Y Rogers Royal Y Sanders Y Sauder Scoggins Y Shanahan
YShaw Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C
Smith, C.W
Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling Snow
Y Stallings Stancil, F
Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B
Y Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 148. By Representative Dobbs of the 92nd:
A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, relating to waste management, so as to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifica tions of landfills but shall not be considered vertical expansions; to create the Intergovernmental Solid Waste Coordinating Council and to provide for its membership and duties.

TUESDAY, FEBRUARY 28, 1995

1257

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to delete a certain definition; to amend the powers and duties of the board of natural resources so as to provide for grants to local governments using prisoners in recycling projects; to amend the powers and duties of the director of the Envi ronmental Protection Division of the Department of Natural Resources; to eliminate the requirement for a finding of necessity before the issuance of a permit for certain biomedical waste incinerators; to restrict the permitting or modification of certain landfills; to provide that certain landfills proposed for reuse shall be subject to provisions relating to major modifications of landfills but shall not be considered vertical expansions; to repeal certain provisions relative to the issuance of permits for certain landfills; to autho rize the expenditure of funds in the hazardous waste trust fund for certain purposes; to amend certain provisions relative to the issuance of a final judicial order based upon an administrative order; to amend certain provisions relative to the issuance of permits for private landfills; to create the Intergovernmental Solid Waste Coordinating Council and to provide for its membership and duties; to provide that certain funds appropriated to the solid waste trust fund be transferred to the Department of Community Affairs for certain purposes; to provide that regional solid waste management authorities shall register with the Secretary of State; to require the formulation of a plan by the Pollution Prevention Assistance Division of the Department of Natural Resources to achieve certain goals rela tive to pollution prevention; to amend Article 1 of Chapter 8 of Title 50, relating to gen eral provisions relative to the Department of Community Affairs, so as to provide for certain duties of the department relating to waste reduction, pollution prevention, and litter control; to create the Georgia Recycling, Solid Waste Reduction, and Environmental Education Council; to provide for membership and responsibilities of such council; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste manage ment, is amended by striking in its entirety paragraph (37) of Code Section 12-8-22, relat ing to definitions relative to solid waste management, which reads as follows:
"(37) 'Special solid waste' means any solid waste not otherwise regulated under Part 1 of Article 3 of this chapter, known as the 'Georgia Hazardous Waste Management Act,' and regulations promulgated under such part originating or produced from or by a source or generator not subject to regulation under Code Section 12-8-24.", and by designating paragraphs (38) through (42) as paragraphs (37) through (41), respec tively.
SECTION 2. Said chapter is further amended by striking in its entirety subparagraph (E) of paragraph (1) of Code Section 21-8-23, relating to powers and duties of the board of natural resources, and inserting in lieu thereof the following:
"(E) Rules and regulations governing and controlling the handling of special solid waste and biomedical waste;".
SECTION 3. Said chapter is further amended by striking the word "and" at the end of subparagraph (J) of paragraph (1) of Code Section 12-8-23, relating to the powers and duties of the board of natural resources and by inserting at the end of such paragraph the following:
"(L) Rules and regulations establishing criteria and a system of priorities for the distribution of any funds available for such purposes as grants to political subdivi sions for projects using state or county inmates in recycling endeavors; and".

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SECTION 4. Said chapter is further amended by striking in its entirety Code Section 12-8-24, relating to permits for solid waste or special solid waste handling or disposal, and inserting in lieu thereof the following:
"12-8-24.
(a) No person shall engage in solid waste ef special solid waste handling in Georgia or construct or operate a solid waste handling facility in Georgia, except those individuals exempted from this part under Code Section 12-8-30.10, without first obtaining a permit from the director authorizing such activity.
(b)(l) No permit for a biomcdical waste thermal treatment technology facility shall be issued by the director unlcsa the applicant tot such facility demonstrates te the dircctof tftflt A need exists TOT %iie iscility TOF wftste genepstcd MI Lieofis oy 8ftowing tftftt tftepe is not presently m ex191enee witnin tne stflte stiiiicient disposal iciciiities ior oiomcdiefti wflste oeing ^encPQtcd or expecteo to we gcncFQtcd witnin tnc 3tutc. JT or purposes ef this part, 'biomcdical waste thermal treatment technology facility' eas flny iftcility tn&t exists tot tne purpose of reducing trie flmount of Dlomcdiecu wftstc disposed ef through a process of combuation, with or without the process ef converting such waste te energy. (2) Paragraph 4t) ef this subsection shaH net apply te any biomcdical waste thermal treatment technology facility which is operated exclusively by a private biomcdical wflste gencrfltop OR property owned oy tne privste oiotnedicfti wflste enerfltOF IOP tne
generator se teng as the operation ef the biomcdical waste thermal treatment tcchnol egy facility dees set adversely affect the public health ef the environment. After eemcnccmcnt ef operation by a private biomcdical waste generator ef a biomcdical waste tnfifinfli trefttmeHT tccnnoioy iflcility wnicft ts pcPKIrtted oy out not iitciuded itt ft
solid wflste msnfl^ement pidn snctii i&e pecjuired TOT &ny oionnedicQi wsste wnicn "ts fte) lon^ep t0 DC disposed or Dy tnc pnvste tHomedicfti wsste enepfttop ift its own biomcdical waste thermal treatment technology facility prier te any substantial tedttetie in the amount ef- biomcdical waste produced by the private biomcdical waste generater ad accepted by its ewn biomcdical waste thermal treatment technology facility e* the closure ef- such facility. (b){e) On or after March 30, 1990, any permit for the transportation of municipal solid waste from a jurisdiction generating solid waste to a municipal solid waste disposal facil ity located in another county shall be conditioned upon the jurisdiction generating solid waste developing and being actively involved in, by July 1, 1992, a strategy for meeting the state-wide goal of waste reduction by July 1, 1996j provided, however, that this sub section shall not apply to any biomedical waste thermal treatment technology facility. (c){d) If the director determines that such activity will result in any violation of this part or any rule or regulation promulgated pursuant to this part, he or she shall deny the permit; otherwise, he or she shall issue the permit, specifying on the permit the con ditions under which such activity shall be conducted; provided, however, that a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste or special solid waste handling shall occur not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the proposed site and advertised in a newspaper of general circulation serving the county or counties in which the proposed activity will be con ducted at least 30 days prior to such hearing. ^d^eHl) The director may suspend, modify, or revoke any permit issued pursuant to this Code section if the holder of the permit is found to be in violation of any of the permit conditions? or any order of the directory or fails to perform solid waste handling in accordance with this part or rules promulgated under this part. The director may modify any permit issued pursuant to this Code section in accordance with rules promulgated by the board. All modifications of existing permits shall be classified by the board as either major or minor modifications. All modifications of existing permits to allow vertical or horizontal expansion of existing disposal facilities, except a facility

TUESDAY, FEBRUARY 28, 1995

1259

operated by a utility regulated by the Public Service Commission, shall be classified as major permit modifications and shall not be granted by the director sooner than three years from the date any such facility commenced operation; provided, however, that a permit may be modified by the director to allow a vertical or horizontal expan sion one time within three years from the date the facility commenced operation so long as the capacity of the facility is not increased more than 10 percent.
(2) Prior to the granting of any major modification of an existing solid waste handling permit by the director, a public hearing shall be held by the governing authority of the county or municipality in which the municipal solid waste facility or special solid waste handling facility requesting the modification is located not less than two weeks prior to the issuance of any permit under this Code section and notice of such hearing shall be posted at the site of such facility and advertised in a newspaper of general circulation serving the county or counties in which such facility is located at least 30 days prior to such hearing. (3) Except as otherwise provided in this part, major modifications shall meet the siting and design standards applicable to new permit applications in effect on the date the modification is approved by the director; provided, however, that a facility may
be granted a variance by the director from those standards when vertically expanded unless such variance is inconsistent with federal laws and regulations; provided, fur ther, that the director shall not grant a variance from the provisions of subparagraph
(B), (C), (D), or (E) of paragraph (4) of this subsection. (4) No vertical expansions shall be approved under this subsection unless:
(A) The owner or operator demonstrates compliance with all standards not varied
by the director; (B) The owner or operator has installed a surface and ground-water monitoring sys tem approved by the division under currently promulgated rules and has submitted
the initial sampling results to the division; (C) The owner or operator has implemented or installed a methane gas monitoring program or system approved by the division under currently promulgated rules and
has submitted the initial sampling results to the division; (D) The owner or operator has a closure and postclosure care plan approved by the division under currently promulgated rules; and (E) Where noncompliance with the standards for surface water, ground water, or
methane gas has been determined, the owner or operator has a schedule and correc tive action plan approved by the division for returning the site to compliance within six months of the director's approval of the corrective action plan. If the owner or
operator cannot demonstrate that the site can be returned to compliance within said six-month period, the director shall not issue a permit to expand the site vertically but shall order the facility to prepare a final closure plan, including the cessation
of waste receipt within six months of the final effective date of the order. (5) Modifications for vertical expansions issued under this Code section may be restricted in duration, but in no case shall be effective beyond July 1, 1998, for
landfills not having liners and leachate collection systems. (6) The owner or operator of any site not having a liner and leachate collection sys tem which is vertically expanded and which subsequently fails to demonstrate compli
ance with all applicable surface water, ground-water, or methane gas standards shall demonstrate to the satisfaction of the director, through a corrective action plan, that the site has been or can be returned to compliance within six months of the director's
approval of the corrective action plan. If the owner or operator fails to demonstrate to the satisfaction of the director that compliance has been attained or can be
attained, the director shall notify the owner or operator, ordering cessation of the acceptance of waste for disposal, remediation of noncompliance, and implementation of the final closure plan, to include a final date for closure.
(e)ffi In the event of the modification, suspension, amendment, or revocation of a per mit, the director shall serve written notice of such action on the permit holder and shall set forth in such notice the reason for such action. (fj{g} Prior to the issuance of any permit for a solid waste handling facility or the grant
ing of any major modification of an existing solid waste handling permit, the director

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shall require written verification to be furnished by the applicant that the proposed facility complies with local zoning or land use ordinances, if any; and after July 1, 1992, that the proposed facility is consistent with the local, multijurisdictional, or regional solid waste management plan developed in accordance with standards promulgated pur suant to this part subject to the provisions of Code Section 12-8-31.1] provided, however. that no biomedical waste thermal treatment technology facility shall be required to dem onstrate that it is consistent with a local, multijurisdictional, or regional solid waste plan and that the hest jurisdiction and all jurisdictions generating solid waste destined tot the applicants' facility ea demonstrate that they are part ef an approved seKd waste pte developed i accordance with standards promulgated pursuant te thfe part and are
tioii &y July x^ lyyo. .prior to trie issuflncc or ftny pcrmrt IOP ft solid wsstc ncuiciiiii idcilTM ity er the granting ef any ajer modification ef- a existing solid waste handling permit
waste generating jurisdictions shall provide documentation that they have a strategy for ojfici &P6 ftctivoiy invoivcQ ttt niceting pifiHDing rccjuiPGiwciits &nu d wflstc reduction O&1 that are substantially equivalent te the planning rcquircmcnto and waste reduction goal contfliricd tn tins pftft. (gffit No permit for a disposal facility shall be issued to any regional solid waste man agement authority created under Part 2 of this article, the 'Regional Solid Waste Man agement Authorities Act,' until local and regional solid waste management plans consistent with this part have been developed for all jurisdictions participating in such authority and such plans are found to be consistent with the state solid waste manage ment plan pursuant to subsection (d) of Code Section 12-8-31.1. (h){i) No permit shall be issued for a new solid waste thermal treatment technology facility unless the applicant meets or exceeds standards adopted by the board which shall be consistent with and at least as stringent as the Federal New Source Perform ance Standards for new municipal waste combustors outlined in regulations pursuant to the federal Clean Air Act, 42 U.S.C. Section 1857, et seq., as amended, and 42 U.S.C. Section 7401, et seq., as amended. (i^j) The director or his or her designee is authorized to inspect any generator in Geor gia to determine whether that generator's solid waste is acceptable for the intended han dling facility. The division may require any generator in Georgia to cease offering solid waste for handling if such solid waste is not acceptable under standards promulgated by the board, and the division may prohibit the handling of such solid waste until waste management procedures acceptable to the division are developed. Such prohibition shall continue in effect until the waste management procedure for handling is approved in writing by the division. Any generator or handler in Georgia which does not comply with a prohibition made under this subsection shall be in violation of this part. (j) Landfills or portions of landfills which have had all waste removed and which are subsequently proposed for reuse as lined landfills shall be subject to the requirements of this part relating to major modifications, but such reuse shall not be considered a ver tical expansion."
SECTION 5. Said chapter is further amended by striking in its entirety Code Section 12-8-25.2, relating to permits for landfills within two miles of a significant ground-water recharge area, and inserting in lieu thereof the following:
"12-8-25.2.
No permit or modification of an existing permit for a lateral expansion shall be issued for a municipal solid waste landfill having in excess of 10 million cubic yards of total capacity if any part of the site is within two miles of an area that has been designated by the director as a significant ground-water recharge area unless such municipal solid waste landfill will have a double composite liner and leachate collection system and meets any other requirements as may be established by rules and regulations of the board or pursuant to other geological considerations as may be determined appropriate by the director."

TUESDAY, FEBRUARY 28, 1995

1261

SECTION 6. Said chapter is further amended by striking in its entirety Code Section 21-8-25.3, relating to restrictions on sites within significant ground-water recharge areas, which reads as fol lows:
"12-8-25.3.
(a) Notwithstanding the provisions of Code Section 12-8-25.2, no permit shall be issued for a municipal solid waste landfill which accepts solid waste generated from outside the county in which such landfill is located or, in the case of a regional landfill, from outside any of the counties or special districts empowered to engage in solid waste management activities constituting such region if any part of such site is within any area that has been designated by the director as a significant ground-water recharge area. (b) In addition to the provisions of subsection (a) of this Code section, in the case of a regional municipal solid waste landfill where any part of such site is within any area that has been designated by the director as a significant ground-water recharge area, no permit shall be issued for such regional landfill unless the boundaries of the counties or special districts empowered to engage in solid waste management activities are contig uous and such counties or special districts have entered into a joint contract for the col lection and disposal of solid waste."
SECTION 7. Said chapter is further amended by striking the word "and" at the end of paragraph (3) of subsection (a) of Code Section 12-8-27.1, relating to the solid waste trust fund; by strik ing the symbol "." at the end of paragraph (4) of such subsection and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of such subsection the following:
"(5) To make grants to county and municipal governing authorities to facilitate and assist projects which involve using state and county inmates in recycling endeavors."
SECTION 8. Said chapter is further amended by striking in its entirety Code Section 12-8-30.3, relating to judgment in accordance with an order of the director of the Environmental Protection Division, and inserting in lieu thereof the following:
"12-8-30.3.
The director may file in the superior court of the county wherein the person under order resides or, if such person is a corporation, in the county wherein the corporation main tains its principal place of business or, in any case, in the county wherein the violation occurred or in which jurisdiction is appropriate a certified copy of an unappcalcd a final order of the director or of a final or unappealed order of the administrative law judge or an order of the administrative law judge affirmed on appeal director affirmed pe
allowed, whereupon such court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though such judgment had been rendered in an action duly heard and determined by such court."
SECTION 9. Said chapter is further amended by striking in their entirety subsections (e) and (f) of Code Section 12-8-31.1, relating to local, multijurisdictional, and regional solid waste plans, and inserting in lieu thereof, respectively, the following:
"(e) After July 1, 1992, no permit, grant, or loan shall be issued for any municipal solid waste disposal facility or any solid waste handling equipment or recycling equipment used in conjunction therewith in a county or region which is not consistent with a local, multijurisdictional, or regional solid waste management plan. Each application for a per mit, grant, or loan issued after July 1, 1992, shall include the following:
(1) For publicly owned or privately owned facilities, certification Certification that the facility for which a permit is sought complies with local land use and zoning require ments, if any;

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(2) For publicly owned or privately owned facilities, verification Verification that the facility for which a permit is sought meets the ten-year capacity needs identified in the local, multijurisdictional, or regional solid waste management plan; and (3) For publicly owned facilities only, demonstration Demonstration that the host jurisdiction and all jurisdictions generating solid waste destined for the applicant's facility are part of an approved solid waste management plan developed in accordance with standards promulgated pursuant to this part, and are actively involved in, and have a strategy for, meeting the state-wide goal for reduction of solid waste disposal by July 1, 1996. (f) This Code section shall not apply to: (1) Any solid waste disposal facility which is operated exclusively by a private solid waste generator on property owned by the private solid waste generator for the pur pose of accepting solid waste exclusively from the private solid waste generator so long as the operation of the solid waste disposal facility does not adversely affect the public health or the environment. After commencement of operation by a private solid waste generator of a solid waste disposal facility which is permitted but not included in a local or regional solid waste management plan, an amendment into a local or regional solid waste management plan shall be required for any solid waste which is to be no longer disposed of by the private solid waste generator in its own solid waste disposal facility prior to any substantial reduction in the amount of solid waste accepted by the solid waste disposal facility or its closure; e* (2) Effective September 1, 1994, any privately owned solid waste handling facility seeking a permit or major modification of an existing permit where the host local gov erning authority has failed either to submit or make a good faith effort, as determined by the Department of Community Affairs, to submit a local solid waste management plan or to be included in a multijurisdictional or regional solid waste management plan; provided, however, that the permit applicant continues to be obligated to pro vide the certification required by paragraph (1) of subsection (e) of this Code section dcmonatratc that ail generating jurisdictions frem which waste wiH be received re part ef a approved solid waste management pte developed in accordance wtth 9tandords promul^fited pursusnt to tins pspt find nflvc ft swfltc^y TO meet tnd sf ftciivciy 6fi^t^cd ift meeting tnc 9tstcwide ^ofli of reducing wflste oy && percent oy July tf iyyo^ or (3) Any biomedical waste thermal treatment technology facility; provided, however, that any such facility shall be required to obtain the certification required by para graph (1) of subsection (e) of this Code section.
SECTION 10. Said chapter is further amended by striking in its entirety Code Section 12-8-33, relating to the Recycling Market Development Council, which reads as follows:
"12-8-33.
(a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, alumi num, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling; (2) One member who is an elected or appointed municipal official to be appointed by the Governor; (3) One member who is an elected or appointed member of a county governing authority to be appointed by the Governor; (4) One member appointed by the Speaker of the House of Representatives; (5) One member appointed by the Lieutenant Governor; and (6) One representative each from the Department of Administrative Services; the Department of Industry, Trade, and Tourism; the Department of Community Affairs; and the Department of Natural Resources. (b) The council shall meet as necessary and shall determine what actions, if any, are needed to facilitate the development and expansion of markets for recovered materials

TUESDAY, FEBRUARY 28, 1995

1263

in Georgia and shall prepare an annual report with recommendations to the Governor and General Assembly. (c) The council shall function for a period of five years from its establishment, at which time it shall either be reauthorized or shall stand abolished.", and inserting in lieu thereof the following:
"12-8-33.
(a) There is created the Intergovernmental Solid Waste Coordinating Council to be chaired by the director or his or her designee and composed of representatives from departments and agencies within state government that have responsibilities or activities relating to solid waste as well as representatives from county and municipal governing authorities. The council shall be responsible for coordinating the activities of state and local governments responsible for implementing the provisions of this part and shall serve as a forum for sharing information and mobilizing the state's resources to achieve more effective solid waste management. The council shall meet upon the chairperson's call. (b) The Recycling Market Development Council created on July 1, 1990, shall stand abolished on July 1, 1995."
SECTION 11. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 12-8-37.1, relating to certain state grants, and inserting in lieu thereof the following:
"(c) The corpus of the solid waste trust fund established in Code Section 12-8-27.1 may be used to make grants and loans to cities and counties, any combination of cities and counties, authorities, and state agencies^ er the Georgia Recycling Market Development Council for the cleanup of solid waste disposal facilities, including those used for the dis posal of scrap tires; for the development and implementation of solid waste enforcement programs for the abatement of illegal dumping of solid waste; for the funding of grants or loans, in accordance with procedures developed by the division; for the implementa tion of innovative technologies for the recycling and reuse of solid waste, including with out limitation scrap tires; and for educational and other efforts to promote waste reduction, recycling, and recycling market development. Ten percent of the funds appro priated by the General Assembly for the solid waste trust fund on an annual basis shall be transferred to the Department of Community Affairs to assist that department in the implementation of solid waste education, recycling, and waste reduction efforts as pro vided by. Code Section 50-8-7.3."
SECTION 12. Said chapter is further amended by inserting at the end of Code Section 12-8-53, relating to the creation of certain authorities, a new subsection to read as follows:
"(c) Any authority created in accordance with this Code section shall be registered with the Secretary of State. Such registration shall be accomplished not later than August 1, 1995, or within 30 days of the formation of such authority, whichever date is later."
SECTION 13. Said chapter is further amended by inserting at the end of Code Section 12-8-182, relating to the duties and rules relative to the Pollution Prevention Assistance Division of the Department of Natural Resources, a new subsection to read as follows:
"(e) The division shall serve as the lead state entity for pollution prevention assistance activities in the state and shall incorporate into the plan developed pursuant to subsec tion (a) of Code Section 12-8-183 a strategy for state-wide coordination of such activi ties."
SECTION 14. Said chapter is further amended by striking in its entirety Code Section 12-8-183, relating to a pollution prevention assistance plan, and inserting in lieu thereof the following:
"12-8-183.
(a) Not later than October 1, 1904 1995, the division shall complete a pollution preven tion assistance plan to achieve voluntary participation by businesseSj awi industrieSj and

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the general public within the state in programs and activities designed to minimize waste and prevent the pollution of the environment by the productSj and by-productSj and waste of such businesses2 and industriesz and the general public. The plan shall establish the objectives of the division and address such matters as the division deems appropriate. (b) The division shall publish the plan developed pursuant to subsection (a) of this Code section for public comment and shall send a copy of the plan to the board, the Governor, the Speaker of the House of Representatives, and the President of the Senate for comment. The division shall seek and encourage public comment on the plan and shall document and consider such comments. (c) The division shall present a final plan to the commissioner within 60 days after pub lication for public comment. If the commissioner approves, the division shall implement the plan. The plan may be amended from time to time as required or appropriate, after public notice and comment."
SECTION 15. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the Department of Community Affairs, is amended by strik ing in its entirety Code Section 50-8-7.3, relating to the solid waste management education program, which reads as follows:
"50-8-7.3.
The department shall perform the duties, responsibilities, and functions and may exer cise the power and authority described in this Code section. The department shall estab lish a solid waste management education program in the state. Such program shall include, but not be limited to, the following:
(1)(A) The establishment of a Georgia Clean and Beautiful Advisory Committee that shall assist the department in developing, coordinating, and implementing efforts to educate the citizens of the state on methods of solid waste management. (B) The advisory committee shall consist of no more than 30 members, who shall be appointed by the Governor and be representative of state and local government; business and industry; community, environmental, and civic organizations; the news media; educators; and other areas as the Governor may deem appropriate. (C) Members of the advisory committee are authorized to receive reimbursement for actual expenses incurred in the performance of their duties from such funds as may be appropriated for such purposes and within such limits as may be established by the department; and (2) (A) The establishment of an Interagency Council on Solid Waste Management that shall be chaired by the commissioner and shall consist of representatives from departments and agencies within state government that have responsibilities or activities relating to solid waste. (B) The council shall serve as a forum for gathering and sharing information on solid waste management as well as for developing and initiating activities within state government relating to solid waste management and shall provide advice and assistance to the Georgia Clean and Beautiful Advisory Committee and its educa tional programs.", and inserting in lieu thereof the following:
"50-8-7.3.
(a) The department shall perform the duties, responsibilities, and functions and may exercise the power and authority described in this Code section. The department shall serve as the lead state agency for recycling and waste reduction education efforts in the state except with regard to small quantity hazardous waste. Such program shall include, but not be limited to, the following:
(1) Overseeing matters relating to education activities related to solid waste reduction; (2) Promoting activities and programs which will help the state achieve its solid waste reduction goal including, but not limited to, citizen education, recycling and composting education programs, recycling market development, intergovernmental and

TUESDAY, FEBRUARY 28, 1995

1265

regional cooperation, local government technical assistance, solid waste management training, solid waste planning, litter control, and implementing the Keep America Beautiful program; and (3) Implementing the 'Georgia Clean and Beautiful' program. (b)(l) There is created the Georgia Recycling, Solid Waste Reduction, and Environ mental Education Council to assist the department in developing, coordinating, and implementing efforts to promote effective solid waste education, recycling, and waste reduction, including the 'Keep America Beautiful' program and other activities pro vided in subsection (a) of this Code section. The council shall be staffed by the department. The council shall be composed of 21 members appointed by the commis sioner, each serving two-year terms. Council members shall be selected so as to repre sent a broad range of interests including, but not limited to, state agencies; local government; waste collection, handling, and disposal industries; the reuse and recycling industries; composting industries; waste exchange programs; the 'Keep Amer ica Beautiful' program; environmental groups; business; and private citizens. (2) There is created within the Georgia Recycling, Solid Waste, and Environmental Education Council the Recycling and Source Reduction Committee. The chairperson and the members of the committee shall be appointed by the commissioner from the membership of the council. The committee shall assist the department in developing, coordinating, and implementing efforts to promote effective solid waste education, recycling, and waste reduction and environmental education. (3) There is created within the Georgia Recycling, Solid Waste, and Environmental Education Council the Georgia Clean and Beautiful Committee. The chairperson and members of the committee shall be appointed by the commissioner from the member ship of the council. The committee shall assist the department and local programs in developing, coordinating, and implementing the Georgia Clean and Beautiful program. (c) Activities of the department relative to solid waste education, recycling of recovered materials, and waste reduction may be funded from the funds appropriated to the solid waste trust fund in accordance with Code Section 12-8-37.1. Such funds may be utilized by the department to cover staffing and operating expenses for solid waste education, recycling of recovered materials, and waste reduction efforts, including per diem and reimbursement of travel expenses for council members."
SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Dobbs of the 92nd moves to amend the Committee substitute to HB 148 by striking lines 1 and 2 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 clarify certain references to administrative law judges in such title; to make certain provisions relating to final orders and judicial review; to".
By inserting following the semicolon on line 1 of page 2 the following:
"to provide effective dates;".
By striking lines 5 and 6 on page 2 and inserting in lieu thereof the following:
"Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by inserting immediately following Code Section 12-1-1 a new Code section to read as follows:
'12-1-2. (a) Any reference in this title to an administrative law judge or hearing officer shall mean an administrative law judge appointed by the chief state administrative law judge. The decision of an administrative law judge shall constitute the final administrative

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decision in any matter, and any party to the matter, including without limitation the department, the director of the Environmental Protection Division, the Asbestos Licens ing Board, and the Shore Protection and Coastal Marshlands Protection Committees, shall have the right of judicial review in accordance with Chapter 13 of Title 50.
(b) Any reference in this title to a final decision of the Board of Natural Resources shall mean a final administrative decision by an administrative law judge.
(c) Any request for administrative review by an administrative law judge shall be filed with the decision maker or entity within the department whose decision is to be reviewed.'
SECTION 2.
Said title is further amended by".
By striking line 35 on page 2 and inserting in lieu thereof the following:
"inmates in recycling endeavors; provided, however, that no grant shall be given to support any project which is in direct competition with a preexisting commercial enterprise located within the political subdivision; and'".
By redesignating Sections 2 through 15 as Sections 3 through 16, respectively.
By striking the word "chapter" on lines 19, 26, and 37 on page 2; line 27 on page 8; lines 2, 28, and 40 on page 9; line 23 on page 10; line 9 on page 12; line 19 on page 13; and lines 4, 13, and 24 on page 14 and inserting in lieu thereof the word "title".
By striking line 38 on page 17 and inserting in lieu thereof the following:
"SECTION 17. Section 16 of this Act shall be come effective upon approval of this Act by the Governor or upon its becoming law without such approval. All other sections of this Act shall become effective on July 1, 1995.
SECTION 18."

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck
Buckner

Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Y Cox
Y Crawford Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day

Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart Y Epps
Evans Y Falls Y Felton
Floyd Y Godbee Y Golden
Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris
Hart

Y Heard Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
Hudson Y Hugley Y Irvin Y James Y Jamieson N Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye
Kinnamon

Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas
Maddox Y Mann Y Martin Y McBee
Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley

TUESDAY, FEBRUARY 28, 1995

1267

Mueller O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry E Pinholster Y Polak Y Porter Y Poston Y Powell
Purcell, A Y Purcell, B

Y Randall Randolph
YRay Y Reaves
Reichert Y Roberts Y Rogers Y Royal Y Sanders
Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp

Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Smyre Y Snelling
Snow Y Stallings
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
Turnquest Y Twiggs

Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmoreland Y Whitaker Y White Y Wiles
Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 145, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

HB 509. By Representative Wall of the 82nd:
A bill to amend Code Section 17-10-1 of the Official Code of Georgia Anno tated, relating to the fixing of criminal sentences and the suspension or pro bation of such sentences, so as to provide that a parolee or probationer charged with a new offense of aggravated assault shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation unless the judge of the superior court determines that the parolee or proba tioner does not constitute a threat to the community.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of criminal sentences and the suspension or probation of such sentences, so as to provide that a parolee or probationer charged with a misdemeanor involving physical injury or a new felony shall not be entitled to bond pending a hearing on the'revocation of his or her parole or probation unless the judge of the superior court determines that the parolee or probationer does not constitute a threat to the community; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of criminal sentences and the suspension or probation of such sentences, is amended by strik ing subparagraph (a)(3)(B) in its entirety and inserting in lieu thereof a new subparagraph (a)(3)(B) to read as follows:
"(B) A parolee or probationer charged with a ew felony or misdemeanor involving physical injury or terroristic threats with a new felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation, except by order of a judge of the superior court wherein the alleged ew offcnac occurred after a hearing and upon determination of the superior court that the parolee or proba tioner does not constitute a threat to the community."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Barnard Y Barnes Y Bates Y Benefield E Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush YBuck
Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd N Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard
Hecks tall Y Hegstrom
Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin
McBee Y McCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Mueller O'Neal YOrrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry E Pinholster Y Polak Y Porter YPoston Y Powell
Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves
Reichert N Roberts Y Rogers Y Royal Y Sanders
Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Smith, W YSmyre Y Snelling
Snow Y Stallings 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 Twiggs Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 142, nays 4.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative McBee of the 88th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 509 was ordered immediately transmitted to the Senate.

HB 406. By Representative Godbee of the 145th:
A bill to amend Code Section 20-2-987 of the Official Code of Georgia Anno tated, relating to the Professional Standards Commission, so as to change provisions relating to the executive secretary of the Professional Standards Commission.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 28, 1995

1269

HR 323. By Representative Jamieson of the 22nd:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.

The following amendment was read and ruled out of order:

The Committee on State Planning and Community Affairs moves to amend HR 323 by adding between lines 6 and 7 of page 3 the following:
"BE IT FURTHER RESOLVED that the adoption and approval of this resolution by the General Assembly and the Governor shall constitute full and complete ratification by the General Assembly for purposes of subsection (f) of Code Section 50-8-4 of the Official Code of Georgia Annotated; that no further action at any future session of the General Assembly shall be required in order for said change in boundaries to become effective on January 1, 1996; and that this clause of this resolution shall with respect to its subject matter have the force and effect of law and control over any other conflicting provision of any other law."

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, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Bailey Y Baker
N Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux
Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn N Burkhalter NByrd Y Campbell N Canty Y Carter N Chambless Y Channell Y Childers Y Coker N Coleman, B Y Coleman, T Y Connell YCox Y Crawford

N Crews Y Culbreth Y Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G NDix Y Dixon, H Y Dixon,S Y Dobbs N Ehrhart YEpps N Evans N Falls Y Felton N Floyd Y Godbee Y Golden N Goodwin Y Greene N Grindley N Hanner Y Harbin Y Harris
Hart Y Heard
N Heckstall Y Hegstrom Y Hembree Y Henson Y Holland N Holmes N Howard Y Hudson

Y Hugley Y Irvin N James Y Jamieson Y Jenkins Y Johnson, G N Johnson, J N Johnston
Jones Y Joyce NKaye N Kinnamon Y Klein NLadd N Lakly YLane N Lawrence YLee Y Lewis N Lifsey YLord N Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton N McKinney N Mills N Mobley, B Y Mobley, J N Mosley Y Mueller
O'Neal Y Orrock

E Parham Y Parrish Y Parsons
Pelote Y Perry E Pinholster Y Polak Y Porter Y Poston Y Powell N Purcell, A Y Purcell, B N Randall N Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders
Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkt'ield N Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V

N Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson N Streat Y Taylor N Teague Y Teper
Thomas N Tillman N Titus Y Towery Y Trense
Turnquest Y Twiggs N Walker, L Y Walker, R.L N Wall
Watson Y Watts N Westmoreland N Whitaker N White N Wiles N Williams, B N Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 105, nays 61. The Resolution, having received the requisite constitutional majority, was adopted.

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

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
Representative DeLoach of the 172nd gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HR 323.
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:
HR 420. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th, McClinton of the 68th, Polak of the 67th and others:
A resolution creating the Joint Study Committee on DeKalb County's Form of Government.
Representative Watts of the 26th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the follow ing recommendation:
HB 759 Do Pass
Respectfully submitted, /s/ Watts of the 26th
Chairman
Representative Sinkfield of the 57th District, Chairman of the Committee on Children and Youth, submitted the following report:
Mr. Speaker:
Your Committee on Children and Youth has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 324 Do Pass, by Substitute HB 783 Do Pass, by Substitute SB 256 Do Pass, by Substitute
Respectfully submitted, Is/ Sinkfield of the 57th
Chairman
Representative Lee of the 94th District, Chairman of the Committee on Rules, submit ted the following report:
Mr. Speaker:

TUESDAY, FEBRUARY 28, 1995

1271

Your Committee on Rules has had under consideration the following Resolution of the House and has instructed me to report the same back to the House with the following rec ommendation:
HR 428 Do Pass
Respectfully submitted, /s/ Lee of the 94th
Chairman

The following Resolutions of the House were read and adopted:

HR 441. By Representatives Ashe of the 46th, Sinkfield of the 57th, Stanley of the 50th, Stanley of the 49th and Davis of the 48th:
A resolution commending the Metropolitan Atlanta Chapters of The Links, Inc.

HR 442. By Representatives Bailey of the 93rd, Lee of the 94th, Murphy of the 18th, Benefield of the 96th and Johnson of the 97th:
A resolution commending Martha Miles.

HR 443. By Representative Lane of the 146th:
A resolution commending the Screven County High School Gamecocks football team.

HR 444. By Representatives Greene of the 158th, Cox of the 160th, Royal of the 164th, Hugley of the 133rd and Brown of the 130th:
A resolution recognizing and commending the Historic Chattahoochee Com mission on its twenty-fifth anniversary.

HR 445. By Representatives Buckner of the 95th, Benefield of the 96th, Bailey of the 93rd and Lee of the 94th:
A resolution commending Dr. Bob Livingston.

HR 446. By Representative Bostick of the 165th: A resolution commending Dr. W. Ches Smith III.

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

HR 428. By Representatives Evans of the 28th and Titus of the 180th:
A resolution recognizing William J. "Josh" Lewis III and inviting him to appear before the House of Representatives.

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

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HR 231. By Representatives Simpson of the 101st and Stallings of the 100th:
A resolution authorizing the conveyance of certain state owned real property located in Carroll County to the Carroll County Board of Education and the acceptance of certain real property owned by the Carroll County Board of Education located in Carroll County in consideration therefor.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck E Buckner
Bunn Y Burkhalter
Byrd Y Campbell Y Canty
Carter Y Chambless Y Channell
Childers Y Coker Y Coleman, B
Coleman, T Connell YCox Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
YEpps Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene
Grindley Y Hanner
Harbin Y Harris
Hart Y Heard
Heckstall Hegstrom Y Hembree Henson Y Holland Holmes Y Howard Hudson

Y Hugley Y Irvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Lifsey Lord
Lucas Y Maddox YMann Y Martin
McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal
Orrock

E Parham
Parrish
Y Parsons Pelote Perry
E Pinholster Y Polak
Porter Poston Powell Y Purcell, A Y Purcell, B Randall Y Randolph Ray Reaves Y Reichert Y Roberts E Rogers Royal Y Sanders Y Sauder Y Scoggins Shanahan Shaw Y Sherrill Y Shipp Y Simpson Sinkfield Skipper Y Smith, C Smith, C.W Y Smith, L Smith, P Y Smith, T Y Smith, V

Y Smith, W
Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S E Stanley, L E Stanley, P
Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus
Towery Y Trense
Turnquest Twiggs Walker, L Y Walker, R.L Y Wall Watson Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 115, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

HB 415. By Representative Mueller of the 152nd:
A bill to amend Code Section 16-5-91 of the Official Code of Georgia Anno tated, relating to aggravated stalking, so as to provide that certain conduct by a person who has given a bond to keep the peace shall constitute the offense of aggravated stalking.

The following Committee substitute was read and adopted:

A BILL
To amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to provide for definitions; to provide that certain conduct by a

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person who has given a bond to keep the peace pursuant to Code Section 17-6-110 or who is in violation of a temporary protective order shall constitute the offense of aggravated stalking; 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 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, is amended by striking Code Section 16-5-90, relating to stalking, and inserting in its place two new Code sections, to be designated Code Sections 16-5-90 and 16-5-90.1, to read as follows:
"16-5-90. As used in this article, the term:
(1) 'Harassing and intimidating' means a knowing and willful course of conduct directed at a specific person which causes emotional distress by placing such person in reasonable fear of death or bodily harm to himself or herself or to a member of his or her immediate family and which serves no legitimate purpose. (2) 'Place or places' shall include any public or private property occupied by the vic tim other than the residence of the defendant.
16-5-90.1. (a) A person commits the offense of stalking when he or she follows, places under sur veillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person. Fef me purpose Or triis flrticiCj tne terift piflce OP pisces 3110.11 include fttiy putrtie OP pnvftte property occupied by the victim other than th residence ef th defendant. Fef the pfposes of tins APTiciC) trie terrft ftflrQSSin^ find inttmidflting me&ns st Knowing tnct wiiitui eefs ef- conduct directed at a specific pe9e which causes emotional distress by placift sucii person iw PeftsORfttHe te&p of defltii OP bodily n&pm c ftiittsell OP rierselt OP v& a member ef-his ef hf immediate family, and which serves no legitimate purpose. (b) This Code section shall not be construed to require that an overt threat of death or bodily injury has been made. fb}(c) Except as provided in subsection {e) (d) of this Code section, a person who com mits the offense of stalking is guilty of a misdemeanor. {eKd) Upon the second conviction; and all subsequent convictions; for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years."
SECTION 2. Said article is further amended by striking subsection (a) of Code Section 16-5-91, relating to aggravated stalking, and inserting in its place a new subsection (a) to read as follows:
"(a) A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, preliminary injunction, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under sur veillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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

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On the passage of the Bill, by substitute, the ayes were 91, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 116. By Representative Twiggs of the 8th:
A bill to amend Chapter 4 of Title 25 of the Official Code of Georgia Anno tated, relating to firefighter standards and training, so as to change the pro visions relating to qualifications of firelighters generally.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

HB 336. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the eligibility requirements regard ing certain tax credits for manufacturing facilities; to change limitations applicable to such credits; to change certain provisions relating to tax credits for employers providing approved retraining programs; to change certain pro visions relating to tax credits for employers providing child care.

The following Committee substitute was read:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and tax ation, so as to change certain conditions applicable to certain job tax credits and authorize redesignation of counties which undergo sudden and severe economic distress; to change the eligibility requirements regarding certain tax credits for manufacturing facilities; to change limitations applicable to such credits; to authorize the simultaneous claiming of certain tax credits under certain circumstances; to change certain provisions relating to tax credits for employers providing approved retraining programs; to change certain provisions relating to tax credits for employers providing child care; to provide for income tax credits for certain qualified investment property or manufacturing facilities; to provide for defini tions, conditions, and limitations; to revise and change an exemption from sales and use taxation for sales of primary material handling equipment; to amend Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint development authori ties, so as to revise and change the limitations with respect to qualifying for job tax cred its; to provide for a temporary, optional credit election; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new subsection immediately following subsection (c) of Code Section 48-7-40, relating to tax credits for certain business enterprises, to be designated subsection (c.l), to read as follows:

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"(c.l) The commissioner of community affairs shall be authorized to include in the tier 1 designation provided for in subsection (b) of this Code section any tier 2 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 tier 1 county."
SECTION 2. Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing facilities in tier 1 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows:
"(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 facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph." "(b) In the case of a corporation ef pewen taxpayer which has operated for the immedi ately preceding three years an existing manufacturing facility or manufacturing support 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 this article 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 limi tations 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 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, 1995. The credit may be taken begin ning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $1 million $50,000.00 is pur chased 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 quali fied investment property was acquired, provided that such qualified investment prop erty remain 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 bank ruptcy 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^

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(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 prop erty having an aggregate cost in excess of $i million $50,000.00; (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 quali fied 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 (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)(l) No Except as otherwise provided in paragraph (2) of this subsection, no tax payer shall be authorized to claim on a tax return for a ta* year given project 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. (2) For taxable years beginning on or after January 1 1995, and ending on or prior to December 31, 1996, a taxpayer shall be authorized to claim on a tax return for a given project the credit provided for in this Code section and to claim, jf otherwise qualified under Code Section 48-7-40, the tax credit applicable to tier 1. counties under Code Section 48-7-40, subject to the following limitations:
(A) Not less than 500 new full-time employee jobs must be created in the first tax able year and maintained through the end of the second taxable year in which the taxpayer claims both credits as authorized under this paragraph; and (B) An otherwise qualified taxpayer shall not be entitled to receive the additional tax credit authorized under Code Section 36-62-5.1 in any taxable year in which that taxpayer claims both of the tax credits as authorized under this paragraph."
SECTION 3.
Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.3, relating to tax credits for existing manufacturing facilities in tier 2 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows:
"(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 facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph." "(b) In the case of a corporation or pefs taxpayer which has operated for the immedi ately preceding three years an existing manufacturing facility or manufacturing support 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 this article 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 limi tations 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:

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(1) In order to qualify as a basis for the credit, the investment in qualified investment property must occur no sooner than January 1, 1995. The credit may be taken begin ning with the tax year immediately following the tax year in which the qualified investment property having an aggregate cost in excess of $3 million $50,000.00 is pur chased 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 quali fied investment property was acquired, provided that such qualified investment prop erty 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 bank ruptcy 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 tax payer; (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 prop erty having an aggregate cost in excess of $3 million $50,000.00; (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 quali fied 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 (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 yea* given project 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."
SECTION 4. Said title is further amended by striking paragraph (2) of subsection (a) and by striking subsections (b), (c), and (d) of Code Section 48-7-40.4, relating to tax credits for existing manufacturing facilities in tier 3 counties, and inserting in their respective places a new paragraph (2) of subsection (a) and new subsections (b), (c), and (d) to read as follows:
"(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 facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph."

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"(b) In the case of a corporation ef person taxpayer which has operated for the immedi ately preceding three years an existing manufacturing facility or manufacturing support 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 this article 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 limi tations 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 investment property must occur no sooner than January 1, 1995. The credit may be taken begin ning with the tax year immediately following the tax year in which the qualified
investment property having an aggregate cost in excess of $6 million $50,000.00 is pur chased 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 quali
fied investment property was acquired, provided that such qualified investment prop erty 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 bank
ruptcy 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 tax payer;
(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 prop erty having an aggregate cost in excess of $6 million $50,000.00; (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 quali
fied 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 (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 ta* year given project 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."

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SECTION 5. Said title is further amended by striking subsection (b) of Code Section 48-7-40.5, relating to tax credits for employers providing approved retraining programs, and inserting in its place a new subsection (b) to read as follows:
"(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 employee, or $500.00 per full-time equivalent student employee, 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."
SECTION 6. Said title is further amended by striking subsection (c) of Code Section 48-7-40.6, relating to tax credits for employers providing child care, and inserting in its place a new subsec tion (c) to read as follows:
"(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 not 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."
SECTION 7. Said title is further amended by adding three new Code Sections, immediately following Code Section 48-7-40.6, to be designated Code Sections 48-7-40.7, 48-7-40.8, and 48-7-40.9, respectively, to read as follows:
"48-7-40.7.
(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 facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (3) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture products. (4) 'Manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any machinery and equipment used in the manufacturing process resulting in the manufacture of products, provided that up to 10 percent of any building that is a component of a manufacturing facility may be used for office space to house support staff for the operation.
(b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year a manufacturing facility or qualified invest ment property in this state in a tier 1 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the manufacturing facility or qualified investment property was first placed in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.2. The aggregate amount of the credit allowed under this Code section shall not exceed 10 percent of the cost of the manufacturing facility, manu facturing support facility, or all qualified investment property purchased or acquired by

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the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows:
(1) The taxable year in which such manufacturing facility is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The annual amount of the credit provided for under this Code section shall be in an amount not to exceed 90 percent of the difference between the base year average and the tax of the applicable taxable year as determined without regard to any cred its. (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 manufacturing facility or qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property or a man ufacturing facility having an aggregate cost in excess of $5 million. 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 manufacturing facility or qualified investment property; (B) The amount of tax credit claimed for the taxable year; (C) Any tax credit utilized by the taxpayer in prior taxable years; (D) The amount of tax credit carried over from prior years; (E) The amount of tax credit utilized by the taxpayer in the current taxable year; and (F) The amount of tax credit to be carried over to subsequent tax years; (2) 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 placing in service of qualified investment property or a manufacturing facility having an aggregate cost in excess of $5 million; (3) 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 quali fied 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 (4) 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.
48-7-40.8. (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

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facility to be located in this state or the expansion of an existing manufacturing facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (3) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture products. (4) 'Manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any machinery and equipment used in the manufacturing process resulting in the manufacture of products, provided that up to 10 percent of any building that is a component of a manufacturing facility may be used for office space to house support staff for the operation. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year a manufacturing facility or qualified invest ment property in this state in a tier 2 county designated pursuant to Code Section 48-7-40, there shall be allowed an optional credit against the tax imposed under this article for the ensuing ten taxable years following the taxable year the manufacturing facility or qualified investment property was first placed in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.3. The aggregate amount of the credit allowed under this Code section shall not exceed 8 percent of the cost of the manufacturing facility, manu facturing support facility, or all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows: (1) The taxable year in which such manufacturing facility is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The annual amount of the credit provided for under this Code section shall be in an amount not to exceed 90 percent of the difference between the base year average and the tax of the applicable taxable year as determined without regard to any cred its.
(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 manufacturing facility or qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property or a man ufacturing facility having an aggregate cost in excess of $10 million. 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 manufacturing facility or qualified investment property; (B) The amount of tax credit claimed for the taxable year;
(C) Any tax credit utilized by the taxpayer in prior taxable years;
(D) The amount of tax credit carried over from prior years;
(E) The amount of tax credit utilized by the taxpayer in the current taxable year; and
(F) The amount of tax credit to be carried over to subsequent tax years;
(2) 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 placing in service of qualified investment property or a manufacturing facility having an aggregate cost in excess of $10 million;

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(3) 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 quali fied 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 (4) 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.
48-7-40.9. (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 facil ity located in this state, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this paragraph. (3) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, to sort, store, prepare, convert, process, fabricate, or manufacture products. (4) 'Manufacturing facility' means any facility, including land, improvements to land, buildings, building improvements, and any machinery and equipment used in the manufacturing process resulting in the manufacture of products, provided that up to 10 percent of any building that is a component of a manufacturing facility may be used for office space to house support staff for the operation. (b) In the case of a taxpayer which has operated for the immediately preceding three years an existing manufacturing facility or manufacturing support facility and which first places in service during a taxable year a manufacturing facility or qualified invest ment property 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 this article for the ensuing ten taxable years following the taxable year the manufacturing facility or qualified investment property was first placed in service. Such optional credit shall be at the irrevocable election of the taxpayer and shall be in lieu of the credit under Code Section 48-7-40.4. The aggregate amount of the credit allowed under this Code section shall not exceed 6 percent of the cost of the manufacturing facility, manufacturing sup port facility, or all qualified investment property purchased or acquired by the taxpayer and first placed in service during a taxable year. The annual amount of such credit shall be computed as follows: (1) The taxable year in which such manufacturing facility is first placed in service shall be the base year for purposes of calculating the credit provided for by this Code section; (2) The amount of tax owed by the taxpayer for the base year and for each of the two immediately preceding taxable years shall be determined without regard to any credits and shall be added together and divided by three. The resulting figure shall be the base year average; and (3) The annual amount of the credit provided for under this Code section shall be in an amount not to exceed 90 percent of the difference between the base year average

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and the tax of the applicable taxable year as determined without regard to any cred its. (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 manufacturing facility or qualified investment property must be first placed in service no sooner than January 1, 1996. The credit may only be taken with respect to qualified investment property or a man ufacturing facility having an aggregate cost in excess of $20 million. 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 manufacturing facility or qualified investment property; (B) The amount of tax credit claimed for the taxable year; (C) Any tax credit utilized by the taxpayer in prior taxable years; (D) The amount of tax credit carried over from prior years; (E) The amount of tax credit utilized by the taxpayer in the current taxable year; and (F) The amount of tax credit to be carried over to subsequent tax years; (2) 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 placing in service of qualified investment property or a manufacturing facility having an aggregate cost in excess of $20 million; (3) 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 quali fied 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 (4) 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."
SECTION 8. Said title is further amended by striking paragraph (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new paragraph (34.1) to read as follows:
"(34.1) (A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property in a warehouse or dis tribution 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 where the total value of all real and personal property purchased or acquired by the taxpayer for use in the warehouse or distribution facility is worth $10 million or more;. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution center may not make retail sales to the gen eral public if the total of the retail sales equals or exceeds 15 percent of the total revenues of the warehouse or distribution center. If retail sales are made to the gen eral public by a warehouse or distribution center and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the tax payer will be disqualified from receiving such exemption and may be required to repay any tax benefits already received under subparagraph (A) of this paragraph plus penalty and interest as may be allowed by law."

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SECTION 9. Code Section 36-62-5.1 of the Official Code of Georgia Annotated, relating to joint devel opment authorities, is amended by striking subsection (e) and inserting in its place new subsections (e) and (e.l) to read as follows:
"(e) A business located within the jurisdiction ef a joint authority established by twe er mere contiguous counties wiH qualify for the greatest deHaf amount ef jeb ta* credits
physically located. An A joint authority created pursuant to this Code section must be an active, bona fide joint authority; must have a board of directors; must meet at least quarterly; and must develop an operational business plan. A county or municipality may belong to only one such joint authority. A business enterprise as defined under subsec tion (a) of Code Section 48-7-40 located within the jurisdiction of a joint authority established by two or more contiguous counties will qualify for an additional $500.00 tax credit for each new full-time employee position created is available for businesses engaged is manufacturing, warehousing, distributing, wholesaling, processing, research fluQ development, o? ftny other project pursuflnt to psrfl^rflpri \o/ ^* t/odc oectiOR
GH&6d IR &riy suen sctivity or ftctivities trie COPporftte nefldcjusrters ot wriicri is locflted within the jurisdiction ef 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. (f) Notwithstanding any provision of this Code section to the contrary, any business eli gible for a tax credit pursuant to subsection (e) of this Code section as applicable to tax years beginning on or after January 1. 1994, shall have the option of electing to utilize such tax credit for a given project in lieu of the tax credit otherwise available pursuant to this Code section. Such election shall be made for each committed project in writing on or before July 1^ 1995, to the Commissioner of community affairs. Such election shall not be effective unless approved in writing by the commissioner of community affairs. The board of community affairs shall promulgate regulations necessary for the imple mentation of this subsection."
SECTION 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and ruled not germane:

Representative Ehrhart of the 36th moves to amend the Committee substitute to HB 336 by inserting between "equipment;" and "to" on line 17 of page 1 the following:
"to provide for a phased-in exemption for certain food items from certain sales and use taxes; to provide for applicability with respect to certain local sales and use taxes;".
By inserting between lines 37 and 38 of page 20 the following:
"SECTION 8A.
Said title is further amended by striking 'or' at the end of paragraph (54), by striking the period at the end of paragraph (55) and inserting in its place '; or', and by adding a new paragraph immediately following paragraph (55) of Code Section 48-8-3, relating to exemp tions from the state sales and use tax, to be designated paragraph (56), to read as follows:
*(56)(A) For the purposes of this paragraph, "eligible foods and beverages" means the retail sale, use, or consumption of any food for domestic home consumption as defined by the federal food stamp program in Section 3 of the federal Food Stamp

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1285

Act of 1977, as amended, 7 U.S.C.A. 2012 (g) as such Act existed on January 1, 1995. Eligible foods and beverages shall not include retail sales or sales at retail of food transacted at any food service establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products, including restaurants; coffee shops; cafeterias; shortorder cafes; luncheonettes; tav erns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant res taurants; industrial cafeterias; catering establishments; food vending machines and vehicles and operations connected therewith; and similar facilities by whatever name called.
(B) On and after July 1, 1996, the retail sale for off-premises human consumption or use of eligible foods and beverages shall constitute a retail sale for purposes of this article as follows:
(i) For the period from July 1, 1996, through June 30, 1997, the rate of taxation required under this article shall be 3 percent;
(ii) For the period from July 1, 1997, through June 30, 1998, the rate of taxation required under this article shall be 2 percent;
(iii) For the period from July 1, 1998, through June 30, 1999, the rate of taxation required under this article shall be 1 percent; and
(iv) On and after July 1, 1999, such sales shall not constitute a retail sale for pur poses of this article and shall not be subject to taxation under this article.
(C) The exemption provided for in subparagraph (B) of this paragraph shall not apply to any local sales tax, local use tax, or local sales and use tax which is imposed before July 1, 1996. The exemption provided for in subparagraph (B) of this paragraph shall apply proportionally with respect to any local sales tax, local use tax, or local sales and use tax imposed on or after July 1, 1996. For the purposes of this subparagraph, the taxes affected are any 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 pur suant 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 this chapter; or by or pursuant to Article 3 of this chapter. In addition, only for pur poses of any reference to the state tax or this article in the laws imposing such local sales and use taxes, the state sales and use tax levied or imposed by this article shall be deemed to include proportionally the exemption provided for in subpara graph (B) of this paragraph with respect to any local sales tax, local use tax, or local sales and use tax imposed on or after July 1, 1996, notwithstanding any provision to the contrary in the laws imposing such taxes. The proportional application pro vided for in this paragraph shall be determined by successively reducing the other wise applicable local sales and use tax rate by one quarter during each of the three 12 month periods specified in divisions (i) through (iii) of subparagraph (B) of this paragraph. Thus, for example, a local tax otherwise levied at a 1 percent rate shall be levied at a .75 percent rate from July 1, 1996, to June 30, 1997; at a .50 percent rate from July 1, 1997, to June 30, 1998; and at a .25 percent rate from July 1, 1998, to June 30, 1999. Thereafter, exempted sales of eligible foods and beverages shall not be subject to such local taxes imposed on or after July 1, 1996.'"
By striking Section 10 from line 41 of page 21 through line 2 of page 22 and inserting in its place the following:
"SECTION 10. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995.

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(b) Section 8A of this Act shall become effective on July 1, 1995."

Representative Woods of the 32nd moved to overrule the Chair. On the motion, the roll call was ordered and the vote was as follows:

Ashe N Bailey N Baker
Bannister N Barfoot N Bargeron N Barnard N Barnes N Bates N Benefield E Birdsong N Bordeaux N Bostick
Breedlove Brooks, D N Brooks, T
N Brown, G Y Brown, J N Brush N Buck E Buckner Y Bunn N Burkhalter
Byrd Campbell
Canty N Carter N Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell
NCox E Crawford

N Crews N Culbreth N Cummings N Davis, G
Y Davis, M NDay N DeLoach, B
N DeLoach, G NDix
Dixon, H N Dixon,S
N Dobbs Y Ehrhart
N Epps Y Evans
Falls Y Felton N Floyd
Godbee N Golden Y Goodwin N Greene
Grindley N Manner N Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James Jamieson
N Jenkins N Johnson, G
Johnson, J
Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence
NLee N Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock

E Parham N Parrish N Parsons N Pelote N Perry E Pinholster 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 E Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan
Shaw N Sherrill
Shipp
N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

N Smith, W N Smyre Y Snelling NSnow
N Stallings N Stancil, F Y Stancil, S E Stanley, L E Stanley, P N Stephenson N Streat N Taylor
N Teague N Teper
N Thomas N Tillman N Titus
Towery N Trense
Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmoreland N Whitaker
White Y Wiles
Williams, B Williams, J N Williams, R Y Woods Yates Murphy, Spkr

On the motion, the ayes were 29, nays 120. The motion was lost.

The following amendment was read and withdrawn:

Representative Irvin of the 45th moves to amend the Committee substitute to HB 336 as follows:
Strike Sections 1, 2, 3, 4, 5, 6, 7, and 9.

The Committee substitute was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot

Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield

E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D

Y Brooks, T Y Brown, G Y Brown, J Y Brush Y Buck

E Buckner YBunn Y Burkhalter
YByrd Y Campbell

TUESDAY, FEBRUARY 28, 1995

1287

Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox E Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, 0 Y Dix Y Dixon, H Y Dixon, S
Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden

Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
YHart Y Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley
Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce Y Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly

YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann Y Martin
Y McBee Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry E Pinholster 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 E Rogers Y Royal N Sanders Y Sauder Y Scoggins
Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, VV
Y Smyre Y Snelling
Snow Y Stallings

Y Stancil, F Y Stancil, S E Stanley, L E 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 Walker, L
Walker, R.L Y Wall Y Watson
Y Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 2.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Irvin of the 45th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to HB 336.

The Speaker Pro Tern assumed the Chair.

HB 669. By Representatives Chambless of the 163rd, Culbreth of the 132nd, Williams of the 114th and Bostick of the 165th:
A bill to amend Chapter 20 of Title 33 of the Official Code of Georgia Anno tated, relating to health care plans, so as to permit health care plans to be operated by corporations organized under Chapter 2 of Title 14, the "Georgia Business Corporation Code".

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to permit health care plans to be operated by corporations organized under Chapter 2 of Title 14, the "Georgia Business Corporation Code"; to revise and provide definitions; to revise provisions relative to the formation of health care corpo rations; to provide for the applicability of Chapter 3 of Title 14, the "Georgia Nonprofit Corporation Code," or Chapter 2 of Title 14, the "Georgia Business Corporation Code"; to except surviving corporations from requirements relative to the approval by the Com missioner of contracts, plans of operation, and rates; to delete the tax exemption relative to health care corporations; to prohibit the payment or distribution of certain funds or fees as part of a plan of conversion of a nonprofit health care corporation to a for profit health

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care corporation; to provide requirements with respect to a health care corporation issuing shares in an initial public offering; to provide for the payment of fees, taxes, and assess ments; to provide for the conversion of a nonprofit health care corporation to a for profit health care corporation by merger or amendment of articles and procedures and require ments relative thereto; to provide for the authority of the Commissioner of Insurance and the Attorney General; to eliminate references to the nonprofit status of health care corpo rations; to provide for editorial revision; to provide for other matters relative to the forego ing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
SECTION 1.1. Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, is amended by striking paragraph (2) of Code Section 33-20-3, relating to definitions used in said chapter, and inserting in its place a new paragraph (2) to read as follows:
"(2) 'Health care corporation' means a nonprofit corporation established in accordance with the provisions of this chapter to administer one or more health care plans."
SECTION 1.2. Said chapter is further amended by adding to said Code section a new paragraph to be designated paragraph (12) to read as follows:
"(12) 'Surviving corporation' means a health care corporation which is: (A) The surviving corporation in a merger which includes one or more health care corporations; (B) A health care corporation which has amended its articles of incorporation to become a corporation governed by Chapter 2 of Title 14, the 'Georgia Business Cor poration Code'; or (C) The subsidiary of a corporation described in subparagraph (A) or (B) of this paragraph."
SECTION 1.3. Said chapter is further amended by striking in its entirety Code Section 33-20-4, relating to authorization of formation of health care corporations generally, and inserting in its place a new Code Section 33-20-4 to read as follows:
"33-20-4. Health care corporations may be incorporated for the purpose of establishing, maintain ing, and operating one or more nonprofit health care plans, providing administrative or other services to employers or others that offer plans furnishing or reimbursing for health care services, including without limitation establishing, administrating, promoting, and developing programs requested, desired, or sponsored by employers or other groups, and for the other purposes authorized by this chapter."
SECTION 1.4. Said chapter is further amended by striking Code Section 33-20-5, relating to the proce dure for formation of health care corporations and the regulation and supervision of corpo rations by the Commissioner generally, and inserting a new Code Section 33-20-5 to read as follows:
"33-20-5. (a) Any five or more persons, all of whom shall be residents of this state, upon filing a petition with the Secretary of State for a corporate charter as provided in Chapter 3 of Title 14, the 'Georgia Nonprofit Corporation Code,' which or, if the resulting health care corporation is to be a surviving corporation, Chapter 2 of Title 14, the 'Georgia Business Corporation Code.' Such petition shall also contain the information required by Chapter 14 of this title, may form a health care corporation under and in conformity with this chapter for the purpose of establishing, maintaining, and operating one or more voluntary nonprofit health care plans, whereby health care services are or may be

TUESDAY, FEBRUARY 28, 1995

1289

provided at the expense of the corporation. Other benefits including complete employee welfare and employee benefit programs may be added from time to time as the corpora tion may determine with the approval of the Commissioner. (b) A health care corporation shall be subject to regulation and supervision by the Com missioner in the same manner as life insurers are subject to such regulation and supervi sion and shall be governed by the nonprofit corporation laws of this state."
SECTION 1.5. Said chapter is further amended by striking subsection (a) of Code Section 33-20-8, relat ing to certificates of authority and their requirements and applications therefor, and inserting in its place a new subsection (a) to read as follows:
"(a) Except for corporations becoming subject to this chapter by reason ef being the which are surviving corporation in a merger er consolidation ef a hospital service corpo-
orgonizod ander Chapter 18 ef- this title corporations, a health care corporation may issue contracts only after the Commissioner has authorized it to do so."
SECTION 1.6. Said chapter is further amended by striking subsection (a) of Code Section 33-20-13, relat ing to management of corporations, their general powers, requirements as to reserves, min imum subscriber's surpluses, and charges, and inserting in its place a new subsection (a) to read as follows:
"(a) Health care corporations shall be governed and conducted as nonprofit organisa tions corporations and the necessary expenses of administering the affairs of the corpo rations shall may be paid from the payments collected from subscribers."
SECTION 1.7. Said chapter is further amended by striking in its entirety Code Section 33-20-20, relating to the submission to the Commissioner of operating plans, schedules or rates, and amounts of service and their approval by the Commissioner, and inserting in its place a new Code Section 33-20-20 to read as follows:
"33-20-20.
Except for corporations becoming subject to this chapter by reason ef- being the which are surviving corporation in a merger er consolidation ef a hospital service corporation opflnizCl under onftpier "ty ot *nis title dud ft mcdicfli service corpoffttion or[Q.niBed nde Chapter W ef this title corporations, health care corporations shall before accept ing applications from subscribers in a nonprofit health care plan submit to the Commis sioner a plan of operating and overhead expenses, operation cost, and salaries paid or to be paid during any current year together with a schedule of its rates to be charged and the amount of health care service contracted to be rendered, which plan, rates, and amount of service shall be first approved by the Commissioner as fair and reasonable before the corporation shall engage in business."
SECTION 1.8. Said chapter is further amended by striking in its entirety Code Section 33-20-21, relating to the approval of the Commissioner of rates to be paid to providers of services, and inserting in its place a new Code Section 33-20-21 to read as follows:
"33-20-21.
Except for corporations becoming subject to this chapter by reason ef- being the which are surviving corporation in a merger er conaolidation ef- a hospital service corporation opinizcft under \jftQptep ~t*j of tnis title AIM* ft Hiedicfti service corpOPStion or&nIECQ nde Chapter 18 ef tnis *itte corporations, the Commissioner shall first approve the rates of payment to be made by health care corporations to providers of health care ser vices on behalf of said corporation, its subscribers, beneficiaries, and covered dependents as being fair and reasonable before said corporation shall engage in business."

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SECTION 1.9. Said chapter is further amended by striking Code Section 33-20-25, relating to tax exempt status and payment of certain expenses, and inserting in its place a new Code Section 33-20-25 to read as follows:
"33-20-25.
\&)--JSiVCPy n6UTn CflPC COfpOPfltlOU IS CHJCiflPCQ T0 i&C ft CflflntflDIG ftttu DCHCVO1CHI lH8tltU~
ties ad shall be exempt from aH taxca ethef than those provided for ander this chapter as seh charitable el benevolent inatitutiona are new -or -may hereafter -be exempt -from
4bf-Any and all supervision, conservation, rehabilitation, liquidation, or examination of the affairs of any corporation by the Commissioner shall be at the expense of the corpo ration."
SECTION 1.10. Said chapter is further amended by striking in its entirety Code Section 33-20-31, relating to the applicability and construction of said chapter, and inserting in its place a new Code Section 33-20-31 to read as follows:
"33-20-31. Except for corporations subject to this chapter which are surviving corporations, this This chapter shall not apply to nor govern any corporation which is organized for profit or which contemplates any pecuniary gain to its shareholders or members. This chapter shall et authorize nef be construed te authorize, directly or indirectly, any corporation te operate a health eare pkm e a profit basis. A corporation subject to this chapter may organize subsidiary or affiliated corporations to engage in allied business ventures in accordance with Chapters 13 and 14 of this title."
SECTION 1.11. Said chapter is further amended by striking in its entirety Code Section 33-20-32, relating to the application of other provisions of the Code to health care corporations and other powers, and inserting in its place a new Code Section 33-20-32 to read as follows:
"33-20-32. Except where the context otherwise requires, aU the applicable provisions of Chapter 3 ef Title 14; the 'Georgia Nonprofit Corporation Code,' shall be applicable te any govern a health care corporation. A health care corporation shall not be considered to be a cor poration described in paragraph (2) of subsection (a) of Code Section 14-3-1302. All of the provisions of this title which are not in conflict with this chapter shall be applicable to any health care corporation subject to such modifications as the Commissioner may prescribe by order, directive, interpretation, guideline, or rule or regulation after any notice and hearing as may be required by this title."
SECTION 1.12. Said chapter is further amended by adding two new Code sections, to be designated Code Section 33-20-33 and 33-20-34, respectively, to read as follows:
"33-20-33. (a) No reserved funds as defined in subsection (b) of this Code section or surplus of such nonprofit health care corporation as increased pursuant to the charge required in subsection (e) of Code Section 33-20-13 shall be distributed or paid to any person as a part of any plan of conversion of a nonprofit health care corporation to a for profit health care corporation. (b) For the purposes of this Code section, 'reserved funds' means those funds as described and defined in subsection (c) of Code Section 33-20-13 and any unassigned funds. (c) A health care corporation which issues shares in connection with an initial public offering shall first offer such shares to its subscribers on similar terms as such shares are offered to the public consistent with applicable federal law and regulations.

TUESDAY, FEBRUARY 28, 1995

1291

(d) No options, warrants, or fees shall be paid to any officer, director, or trustee of a nonprofit health care corporation in connection with a conversion from a nonprofit to a for profit health care corporation or in regard to the initial public offering of a health care corporation. (e) A health care corporation shall be required to pay any and all fees, taxes, including premium taxes, and assessments, specifically excluding assessments with respect to the Georgia Life and Health Insurance Guaranty Association, as are required of other com panies which provide life and accident and sickness insurance under Georgia law.

33-20-34. (a)(l) Any corporation which is governed by Chapter 3 of Title 14, the 'Georgia Non profit Corporation Code,' and authorized under this chapter may merge with, or amend its articles of incorporation to become, a corporation governed by Chapter 2 of Title 14, the 'Georgia Business Corporation Code,' provided a detailed, written plan is submitted to the Commissioner for such conversion, written notice of such submis sion is given to the Attorney General, and, after a public hearing thereon, such plan is approved by the Commissioner after being found to be in the best interest of the company, its policyholders, and the general public. (2) In any such public hearing, the Attorney General may appear before the Commis sioner and make such presentation as he or she shall deem to be in the public's inter est. The Attorney General shall provide representation to the Commissioner in any other legal action relating thereto. Nothing in this Code section shall be construed as a limitation upon the Attorney General in providing legal representation to the Com missioner during the pendency of any decision concerning conversion.
(b) The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this Code section."

Part 2

SECTION 2.1. Code Section 31-7-280 of the Official Code of Georgia Annotated, relating to health care provider annual reports and the form of such reports, is amended by striking paragraph (3) of subsection (a) and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) 'Third-party payer' means any entity which provides health care insurance or a health care service plan, including but not limited to providers of major medical or comprehensive accident or health insurance, whether or not through a self-insurance plan, Medicaid, hospital service nonprofit corporation plans, e* nonprofit health care planSj or nonprofit medical service corporation plans, but does not mean a specified disease or supplemental hospital indemnity payer."

SECTION 2.2. Code Section 33-8-1 of the Official Code of Georgia Annotated, relating to fees and charges assessed by the Commissioner of Insurance, is amended by adding immediately following subparagraph (I) of paragraph (1) a new subparagraph, to be designated subparagraph (I.I), to read as follows:

"(I.I) Health care corporations: Original license or certificate.............................................................................. 600.00 Renewal license or certificate............................................................................. 500.00"

SECTION 2.3. Said Code section is further amended by striking subparagraph (U) of paragraph (1) and inserting in lieu thereof a new subparagraph (U) to read as follows:

"(U) Nonprofit organizations (medical service^ or hospital servicer-er health eare corporation): Original license or certificate.............................................................................. Renewal license or certificate.............................................................................

600.00 500.00"

1292

JOURNAL OF THE HOUSE,

SECTION 2.4. Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (7) of Code Section 33-21-1 and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) 'Insurer' means every insurer authorized under this title to issue contracts of accident and sickness insurance. Hospital service nonprofit corporations, nonprofit medical service corporations, nonprofit health care corporations, and health mainte nance organizations are included within such term."
SECTION 2.5. Said chapter is further amended by striking Code Section 33-21-25, relating to the organi zation and operation of health maintenance organizations by insurers or corporations, and inserting in lieu thereof a new Code Section 33-21-25 to read as follows:
"33-21-25.
Notwithstanding any other law which may be inconsistent with this Code section, an insurer, a hospital service nonprofit corporation, a nonprofit medical service corporation, or a nonprofit health care corporation licensed in this state may directly or through a subsidiary or affiliate organize and operate a health maintenance organization."
SECTION 2.6. Code Section 33-24-20 of the Official Code of Georgia Annotated, relating to provision in individual accident and sickness policies for termination of coverage of a surviving spouse, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) This Code section shall also apply to blanket accident and sickness insurance poli cies and to policies issued by a fraternal benefit society, a hospital service nonprofit cor poration, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
SECTION 2.7. Code Section 33-24-21 of the Official Code of Georgia Annotated, relating to provision in group accident and sickness policies for termination of coverage of a surviving spouse, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) This Code section shall also relate to blanket accident and sickness insurance poli cies and to policies issued by a fraternal benefit society, a hospital service nonprofit cor poration, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
SECTION 2.8. Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to required provi sions in individual accident and sickness policies, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The provisions of this Code section shall also apply to individual accident and sick ness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
SECTION 2.9. Code Section 33-30-6 of the Official Code of Georgia Annotated, relating to the authority to issue blanket accident and sickness policies, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The provisions of this Code section shall also apply to group and blanket accident and sickness insurance policies issued by a fraternal benefit society, a hospital service nonprofit corporation, a nonprofit medical service corporation, a nonprofit health care corporation, a health maintenance organization, or any other similar entity."
Part 3
SECTION 3.1. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, FEBRUARY 28, 1995

1293

Pursuant to Rule 134, Representative Towery of the 30th was excused from voting on HB 669.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 102, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
HB 561. By Representatives Hudson of the 156th, Godbee of the 145th, Floyd of the 138th, Cox of the 160th, Bailey of the 93rd and others:
A bill to amend Code Section 20-2-51 of the Official Code of Georgia Anno tated, relating to the election of local board of education members, so as to require that a person offering for election or holding office as a member of a local board of education must have obtained a high school diploma or gen eral education development (GED) equivalency diploma.
The following amendment was read and adopted:
The Committee on Education moves to amend HB 561 by adding at the end of line 35 on page 2 the following:
"This subsection shall not prevent any local legislative Act that imposes additional educational requirements for local school board members from being effective."

The following amendment was read and adopted:
Representative White of the 161st moves to amend HB 561 by adding on line 8 on page 1 immediately following the word and symbol "holder;" the following:
"to provide for an exception;".
By striking the quotation marks at the end of line 39 on page 2.
By adding between lines 39 and 40 on page 2 the following: "(3) The provisions of this subsection requiring a high school diploma or a general education development (GED) equivalency diploma shall not apply to any person who has successfully completed a home study program pursuant to Code Section 20-2-690.'"

The following amendment was read:

Representative Kaye of the 37th moves to amend HB 561 as follows: Page 2 line 24 before the word "no" insert "The General Assembly may require by local Act that" Change capital "N" to lower case "n" in the word "No" on same line.

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

Ashe Bailey N Baker

Y Bannister Barfoot
N Bargeron

Y Barnard N Barnes
Bates

N Benefield E Birdsong N Bordeaux

N Bostick Y Breedlove Y Brooks, D

1294

JOURNAL OF THE HOUSE,

Y Brooks, T N Brown, G Y Brown, J Y Brush N Buck E Buckner
Y Bunn Y Burkhalter NByrd Y Campbell Y Canty N Carter N Chambless N Channel! N Childers Y Coker Y Coleman, B
Coleman, T
Connell
NCox
E Crawford Y Crews N Culbreth
Cummings
Davis, G
Y Davis, M
YDay
DeLoach, B Y DeLoach, G
YDix N Dixon, H
N Dixon, S N Dobbs

Y Ehrhart
N Epps Y Evans Y Falls Y Felton N Floyd
Godbee N Golden Y Goodwin N Greene Y Grindley
N Manner Y Harbin N Harris
NHart N Heard
Heckstall Hegstrom Y Hembree N Henson N Holland Y Holmes N Howard
N Hudson Hugley
Y Irvin
Y James Jamieson
N Jenkins
Y Johnson, G Johnson, J
Y Johnston
N Jones

Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence
Lee Y Lewis Y Lifsey
Lord N Lucas Y Maddox
YMann
N Martin N McBee N McCall
N McClinton Y McKinney Y Mills Y Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal
N Orrock
E Parham
N Parrish
Y Parsons Pelote
Y Perry
E Pinholster

Y Polak N Porter N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph NRay
Reaves N Reichert Y Roberts E Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill
Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P
Smith, T Y Smith, V Y Smith, W NSmyre Y Snelling

On the adoption of the amendment, the ayes were 69, nays 77. The amendment was lost.

Snow
N Stallings N Stancil, F N Stancil, S E Stanley, L E Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas Y Tillman Y Titus Y Towery
Trense Turnquest N Twiggs Walker, L Y Walker, R.L Y Wall N Watson N Watts
Y Westmorland Y Whitaker Y White Y Wiles N Williams, B
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Kaye of the 37th moves to amend HB 561 as follows: Page 2 line 38 & 39 delete remainder of sentence after the word "office" on line 38 and insert "if subsequently reelected."
Representative Dobbs of the 92nd moved that HB 561 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

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

YByrd Y Campbell Y Canty N Carter N Chambless Y Channell N Childers Y Coker Y Coleman, B N Coleman, T
Connell NCox E Crawford Y Crews N Culbreth N Cummings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G NDix
N Dixon, H

N Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans Y Falls
Felton N Floyd
N Godbee
Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin N Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland

Y Holmes Y Howard N Hudson
Hugley Y Irvin
Y James Jamieson
N Jenkins Y Johnson, G N Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly
N Lane Y Lawrence YLee Y Lewis Y Lifsey

NLord Y Lucas Y Maddox YMann N Martin Y McBee N McCall
Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
N Orrock E Parham N Parrish Y Parsons
Y Pelote Y Perry E Pinholster
Y Polak

TUESDAY, FEBRUARY 28, 1995

1295

N Porter N Poston N Powell N Purcell, A N Purcell, B
Y Randall Y Randolph N Ray Y Reaves N Reichert Y Roberts E Rogers N Royal

N Sanders Sauder
Y Scoggins N Shanahan N Shaw
N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W Y Smith, L

N Smith, P Y Smith, T Y Smith, V Y Smith, W N Smyre
Y Snelling Snow
N Stallings N Stancil, F N Stancil, S E Stanley, L E Stanley, P N Stephenson

On the motion, the ayes were 105, nays 55. The motion prevailed.

Y Streat N Taylor Y Teague N Teper Y Thomas
Y Tillman Y Titus Y Towery Y Trense
Turnquest N Twiggs
Walker, L N Walker, R.L

Y Wall N Watson Y Watts Y Westmorland Y Whitaker
Y White Y Wiles N Williams, B Y Williams, J Y Williams, R Y Woods N Yates
Murphy, Spkr

HB 791. By Representatives Watts of the 26th, Smith of the 109th and Barnes of the 33rd:
A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to the disposition of unclaimed property, so as to allow the charging of service charges on an instrument on which a banking or financial organization is directly liable for a period of 12 months immedi ately following a two-year period of time in which the instrument is not pre sented for payment.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 107, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

HB 596. By Representatives Lane of the 146th, Kinnamon of the 4th, Dobbs of the 92nd, Lewis of the 14th, Mann of the 5th and others:
A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Anno tated, relating to workers' compensation, so as to provide guidelines and lim its on the number of corporate exemptions; to clarify the provisions related to subrogation; to increase the civil and criminal penalties for false and mis leading statements; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation.

The following amendment was read:

The Committee on Industrial Relations moves to amend HB 596 by striking lines 40 through 42 of page 2, lines 1 through 45 of page 3, and lines 1 through 4 of page 4 and inserting in lieu thereof the following:
"(c) Such action against such other person by the injured employee e* these te whom his right ef action survives must be instituted in all cases within ene year ftem the date of- ifljwy the applicable statute of limitations. Failure en the part ef the injured
ottC"ycQp period sfiflll operfltc && &R ftS9inixierrt to tiie employer of sucn employer 9 insurer of ftny cciuse of sction JR tort wriicn trie injures employee or tftose to wftofft 1119 rifht ef action survives may have against any ethef person fer saeh wjwry er death, and
cmployee of tR the ntmie or nflines of tiiosc to wftOEft tfte ri^nt ot ftction survives ror sucfi

1296

JOURNAL OF THE HOUSE,

CXC099 Of liMJ llUllc Or PC C OVCPy QllOWCQ UHQ.CF 8U DSCCT1OH \D^ Of til IS OOdC SGCtlOU, ftllu
tllOSC vQ WiiOIR EftC Pl^fll Or flCtlOU 8UPV1VC8. 1 TIC ClttplOyCP Of" 9UCfi CHlplOyCP 8 1HSUP61*1
vidcd, howcvcT, that if the cause ef action described i subsection {a} ef this Code see-
[1OH &F1SCS iR ft J UF1SQ 1C tlOH OtflCP tttftll LiCOfgift WillCtt flflS ft 9tfl*ttC Or 11IIIitftvlOI19 rOf

statute ef- limitation which provides the injured employee ef these te whom his right ef
action is not brought by the employee within one year after the date of injury, then the employer or such employer's insurer may assert the employee's cause of action in tort, either in its own name or in the name of the employee. The employer or its insurer shall immediately notify the employee of its assertion of such cause of action, and the employee shall have a right to intervene. If after one year from the date of injury the employee asserts his or her cause of action in tort, then the employee shall immediately notify the employer of its insurer of his or her assertion of such cause of action, and the employer or its insurer shall have a right to intervene. In any case, if the employer or insurer recovers more than the extent of its lien, then the amount in excess thereof shall be paid over to the employee. For purposes of this subsection only, 'employee' shall include not only the injured employee but also those persons in whom the cause of action in tort rests or survives for injuries to such employee."
By striking from line 5 of page 4 the following:

and inserting in lieu thereof the following: "(d)".
By striking the quotation mark at the end of line 19 of page 4 and by inserting between lines 19 and 20 of page 4 the following:
"(e) It is the express intent of the General Assembly that the provisions of this Code section be applied not only prospectively but also retroactively to injuries occurring on or after July 1^ 1992.'"
The following amendment was read and adopted:
Representative Lane of the 146th moves to amend the Committee amendment to HB 596 as follows:
By striking the word "of between the words "employers" and "its" on line 3, page 2 and inserting in lieu thereof the word "or".
The Committee amendment, as amended, was adopted.
The following amendments were read and adopted:
The Committee on Industrial Relations moves to amend HB 596 by inserting after the word and symbol "foregoing;" on line 19 of page 1 the following:
"to provide for severability; to provide for retroactivity;". By striking from lines 25 and 26 of page 5 the following:
"of a high and aggravated nature". By inserting immediately following line 18 on page 12 the following:

TUESDAY, FEBRUARY 28, 1995

1297

"Should any portion of this Act be found to be void for any reason, such portion shall be severed and the remaining portions of this Act shall remain in full force and effect.
SECTION 14."

Representative Lane of the 146th moves to amend HB 596 as follows: by striking on page 7, lines 13 & 14 the words "of a high and aggravated nature".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 114, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Smith of the 169th moved that HB 694 be postponed until tomorrow immediately following the period of unanimous consents.
On the motion, the ayes were 70, nays 26.
The motion prevailed.

HB 409. By Representative Twiggs of the 8th:
A bill to amend Code Section 40-6-6 of the Official Code of Georgia Anno tated, relating to the operation of authorized emergency vehicles and law enforcement vehicles, so as to provide when a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect and the suspect injures or kills a third party, a law enforcement officer, or himself or herself as a result of the pursuit, the law enforcement officer's pursuit shall be the proxi mate cause of any such injury.

The following substitute, offered by Representative Holland of the 157th, et al. 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 specify the conditions under which a pursuing law enforcement officer may be found to have contributed to the causation of damages, injury, or death caused by a fleeing suspect; to change certain penalty provisions applicable to the offense of flee ing or attempting to elude a police officer; to provide for the mandatory nature of certain penalty provisions; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety Code Section 40-6-6, relating to the operation of authorized emergency vehicles and law enforcement vehicles, and inserting in lieu thereof a new subsection (d) to read as follows:
"40-6-6. (a) The driver of an authorized emergency vehicle or law enforcement vehicle, when responding to an emergency call, ef when in the pursuit of an actual or suspected viola tor of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this Code section.

1298

JOURNAL OF THE HOUSE,

(b) The driver of an authorized emergency vehicle or law enforcement vehicle may: (1) Park or stand, irrespective of the provisions of this chapter; (2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation; (3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and (4) Disregard regulations governing direction of movement or turning in specified directions.
(c) The exceptions granted by this Code section to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal and use of a flash ing or revolving red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, except that a vehicle belonging to a federal, state, or local law enforcement agency and operated as such shall be making use of an audible signal and a flashing or revolving blue light with the same visibility to the front of the vehicle.
(d)l| The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons. (2) When a law enforcement officer in a law enforcement vehicle is pursuing a fleeing suspect in another vehicle and the fleeing suspect damages any property or injures or kills any person during the pursuit, the law enforcement officer's pursuit shall not be the proximate cause or a contributing proximate cause of the damage, injury, or death caused by the fleeing suspect unless the law enforcement officer acted with reckless disregard for proper law enforcement procedures in the officer's decision to initiate or continue the pursuit. Where such reckless disregard exists, the pursuit may be found to constitute a proximate cause of the damage, injury, or death caused by the fleeing suspect, but the existence of such reckless disregard shall not in and of itself establish causation. (3) The provisions of this subsection shall apply only to issues of causation and duty and shall not affect the existence or absence of immunity which shall be determined as otherwise provided by law. (e) It shall be unlawful for any person to operate an authorized emergency vehicle with flashing lights other than as authorized by subsection (c) of this Code section."
SECTION 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 40-6-395, relating to the offense of fleeing or attempting to elude a police officer, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a high and aggravated misdemeanor and:
(A) Upon conviction shall be fined not less than $300.00 $500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation er and imprisoned for p to 13 months, er both not less than ten days nor more than 12 months. Any period of such imprisonment in excess of ten days may, in the sole dis cretion of the judge, be suspended, stayed, or probated; (B) Upon the second conviction within a five-year ten-year period of time, as mea sured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 $1,000.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation e* and imprisoned for p te 12 months, er teeth not less than 30 days nor more than 12 months. Any period of such imprisonment in excess of 30 days may, in the sole discretion of the judge, be suspended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year ten-year period shall constitute convictions; and (C) Upon the third or subsequent conviction within a five year ten-year period of time, 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, shall be fined not less than $1,000.00 $2,500.00 nor more than $5,000.00, which fine shall not be subject to suspension, stay, or probation er and imprisoned for p te 12

TUESDAY, FEBRUARY 28, 1995

1299

months, or both not less than 90 days nor more than 12 months. Any period of such imprisonment in excess of 90 days may, in the sole discretion of the judge, be sus pended, stayed, or probated; and for purposes of this paragraph, previous pleas of nolo contendere accepted within such five-year ten-year period shall constitute con victions. (2) For the purpose of imposing a sentence under this subsection, a plea of nolo con tendere shall constitute a conviction. (3) If the payment of the fine required under paragraph (1) of this subsection will impose an economic hardship on the defendant, the judge, at his or her sole discre tion, 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 subsection. (4) 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 subsection upon a conviction of violating this subsection or upon conviction of violating any ordinance adopting the provisions of this subsection. (5)(A) Any person violating the provisions of subsection (a) of this Code section aftdr who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for a felony offense other than a violation of this chapter, operates his or her vehicle in excess of 30 miles an hour above the posted speed limitj strikes or collides with another vehicle or a pedestrian, flees in traffic conditions which place the general public at risk of receiving serious injuries, or leaves the state shall be guilty of a misdemeanor ef- a high and aggravated aatere felony punishable by a fine of $5,000.00 and imprisonment for not less than one year nor more than five years. (B) Following adjudication of guilt or imposition of sentence for a violation of subparagraph (A) of this paragraph, the sentence shall not be suspended, probated, deferred, or withheld, and the charge shall not be reduced to a lesser offense, merged with any other offense, or served concurrently with any other offense."
SECTION 3. This Act shall become effective on May 1, 1995.
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 ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker assumed the Chair.

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Ways and Means and referred to the Committee on Appropriations:

HB 733. By Representatives Coleman of the 142nd and Buck of the 135th:
A bill to amend Code Section 46-7-15 of the Official Code of Georgia Anno tated, relating to the requirement that motor carriers be registered and licensed, so as to prohibit a municipality or county from levying any excise, license, or occupation tax against a motor carrier of property or the equip ment or incidents of business of such carrier; to amend Title 48 of the Offi cial Code of Georgia Annotated, relating to revenue and taxation, so as to provide that certain trucks shall be subject to a flat-rate ad valorem tax.

1300

JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following rec ommendations:
HB 500 Do Pass, by Substitute HB 807 Do Pass, as Amended
Respectfully submitted, /s/ Godbee of the 145th
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 623 Do Pass HB 806 Do Pass HB 868 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:
Your Committee on Health & Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 285 Do Pass, by Substitute HB 528 Do Pass, by Substitute HR 305 Do Pass
Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

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

TUESDAY, FEBRUARY 28, 1995

1301

HB 214 Do Pass, by Substitute HB 580 Do Pass, by Substitute HB 769 Do Pass

Respectfully submitted, Is/ Chambless of the 163rd
Chairman

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

Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 745 Do Pass, by Substitute SB 208 Do Pass, by Substitute
Respectfully submitted, M Lord of the 121st
Chairman

Representative Powell of the 23rd District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

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

HB 146 Do Pass, by Substitute HB 227 Do Pass HB 582 Do Pass HB 601 Do Pass, by Substitute

HB 631 Do Pass SB 34 Do Pass SB 250 Do Pass SB 288 Do Pass

Respectfully submitted, M Powell of the 23rd
Vice-Chairman

Representative Hanner of the 159th District, Chairman of the Committee on Natural Resources and Environment, submitted the following report:

Mr. Speaker:
Your Committee on Natural Resources and Environment has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 768 Do Pass, by Substitute
Respectfully submitted, /s/ Hanner of the 159th
Chairman

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

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JOURNAL OF THE HOUSE,

Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 476 Do Pass, by Substitute HB 585 Do Not Pass HB 728 Do Pass
Respectfully submitted, /s/ Randall of the 127th
Chairman

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

Mr. Speaker:

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

HB 523 Do Pass, by Substitute HB 755 Do Pass HB 772 Do Pass, by Substitute HB 790 Do Pass, by Substitute

HB 797 Do Pass, by Substitute HB 816 Do Pass, by Substitute HR 408 Do Pass

Respectfully submitted, /s/ Buck of the 135th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 9:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 9:00 o'clock, tomorrow morning.

WEDNESDAY, MARCH 1, 1995

1303

Representative Hall, Atlanta, Georgia Wednesday, March 1, 1995

The House met pursuant to adjournment at 9:00 o'clock, A.M., this day and was called to order by the Speaker.
The roll was called and the following Representatives answered to their names:

Ashe
Barfoot Bargeron Barnard Barnes Brooks, T Brown, G Brown, J Brush
Bunn
Burkhalter Channel! Coker Coleman, B Crews Culbreth Cummings DeLoach, B
DeLoach, G Dix

Dixon, H Dixon, S Falls Felton Floyd Godbee Grindley Harbin
Heckstall Hegstrom Hembree Holland Howard
Hugley James Jamieson
Jenkins
Johnson, G
Johnson, J

Johnston
Joyce Kaye Kinnamon
Klein Ladd Lakly Lane Lewis Lord Maddox McBee McCall
McKinney
Mills Mobley, B Mobley, J Mosley O'Neal

Parsons Pelote
Perry Polak Powell
Purcell, B Randall Randolph Reaves Reichert Rogers
Sanders Sauder Shanahan Sherrill Simpson Smith, C Smith, C.W Smith, T

Smith, V Snelling
S tailings Stancil, F Taylor Teague Teper
Thomas
Tillman
Titus Trense Walker, R.L Westmoreland Whitaker White Wiles Williams, B Williams, R Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Breedlove of the 85th, Epps of the 131st, Bannister of the 77th, Rob erts of the 162nd, Skipper of the 137th, Hanner of the 159th, Towery of the 30th, Williams of the 83rd, Yates of the 106th, Golden of the 177th, Davis of the 48th, Harris of the 17th, Shipp of the 38th, Shaw of the 176th, Ray of the 128th, Sinkfield of the 57th, Heard of the 89th, Purcell of the 147th, Turnquest of the 73rd, Hart of the 116th, Brooks of the 103rd, Buck of the 135th, Wall of the 82nd, Mann of the 5th, Twiggs of the 8th, Henson of the 65th, Royal of the 164th, Stancil of the 16th, Day of the 153rd, Scoggins of the 24th, Lawrence of the 64th, Poston of the 3rd, Orrock of the 56th, Jones of the 71st, Lifsey of the 6th, Canty of the 52nd, Goodwin of the 79th, Lee of the 94th, Dobbs of the 92nd, Bai ley of the 93rd, Coleman of the 142nd, Parrish of the 144th, Bordeaux of the 151st, Cox of the 160th, Smyre of the 136th, Snow of the 2nd, Baker of the 70th, Benefield of the 96th, Byrd of the 170th, Chambless of the 163rd, Childers of the 13th, Connell of the 115th, Davis of the 60th, Ehrhart of the 36th, Holmes of the 53rd, Hudson of the 156th, Irvin of the 45th, Mueller of the 152nd, Parham of the 122nd, Smith of the 174th, Walker of the 141st, Watson of the 139th and Watts of the 26th.
They wish to be recorded as present.

Prayer was offered by the Reverend Van J. Malone, Sr., Pastor, Mt. Olive Baptist Church, Macon, Georgia.

The members pledged allegiance to the flag.

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

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

1304

JOURNAL OF THE HOUSE,

The Journal was confirmed.

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

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

HB 902. By Representatives Channell of the lllth and Parham of the 122nd:
A bill to amend an Act changing the method of electing members of the Board of Education of Putnam County, so as to change the compensation of such members.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 903. By Representatives Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st, Dixon of the 150th and Mueller of the 152nd:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that the chief magistrate of Chatham County shall appoint any part time magistrates.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 904. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to provide a homestead exemption from certain Henry County ad valo rem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 905. By Representative Hanner of the 159th:
A bill to abolish the elected office of treasurer of Webster County; to autho rize the Board of Commissioners of Webster County to designate an employee of the county or some other person or entity to perform the duties of treasurer and prescribe the powers and duties of such person or entity.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 906. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for Upson County, so as to provide for the appointment of a county administrator.
Referred to the Committee on State Planning & Community Affairs - Local.

WEDNESDAY, MARCH 1, 1995

1305

HB 908. By Representatives Ray of the 128th and James of the 140th:
A bill to provide a homestead exemption from Peach County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 65 years of age or over or disabled.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 909. By Representative Hanner of the 159th:
A bill to amend an Act providing a new charter for the City of Dawson, so as to change the penalty for contempt in the municipal court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 910. By Representative Crawford of the 129th: A bill to create the Pike County Livestock Facility Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 913. By Representatives Lee of the 94th, Buckner of the 95th and Bailey of the 93rd:
A bill to amend an Act establishing a new charter for the City of Forest Park, so as to authorize the City of Forest Park to have and to exercise any and all redevelopment and other powers authorized or granted to municipali ties pursuant to Chapter 44 of Title 36 of the Official Code of Georgia Anno tated, the "Redevelopment Powers Laws," as now or hereafter amended, and to provide for certain such powers.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 914. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th, Day of the 153rd, Mueller of the 152nd and others:
A bill to create the Georgia International and Maritime Trade Center Authority and to authorize such authority to acquire, construct, equip, main tain, 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.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 917. By Representatives Floyd of the 138th, Walker of the 141st and James of the 140th:
A bill to amend an Act creating a board of commissioners of Dooly County, so as to change the provisions relative to the compensation of the chairper son and other members of said board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 918. By Representative Purcell of the 9th:
A bill to amend an Act creating a new charter for the City of Cleveland, so as to provide for a city administrator.
Referred to the Committee on State Planning & Community Affairs - Local.

1306

JOURNAL OF THE HOUSE,

HB 919. By Representatives Sauder of the 29th, Coker of the 31st, Shipp of the 38th, Woods of the 32nd, Parsons of the 40th 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 Division 1 and the associate judges of Division 2 of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 920. By Representatives Holland of the 157th and Hanner of the 159th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Leesburg," so as to change the salary of the councilmembers and the mayor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 922. By Representatives Coker of the 31st, Sauder of the 29th, Shipp of the 38th, Wiles of the 34th, Parsons of the 40th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the deputy clerk of the superior court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 923. By Representatives Coker of the 31st, Sauder of the 29th, Shipp of the 38th, Wiles of the 34th, Parsons of the 40th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 929. By Representative Woods of the 32nd:
A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to provide that a person who commits a felony is not eligi ble for parole.
Referred to the Committee on Special Judiciary.

HB 931. By Representative Childers of the 13th:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Anno tated, relating to definitions relative to state health planning and develop ment, so as to change the definition of clinical health services.

February 28, 1995
Dear Mr. Clerk,
Pursuant to Rule 52 the undersigned gives notice of a motion to engross HB 931 (LC 11 8680).

WEDNESDAY, MARCH 1, 1995

1307

Sincerely, /s/ E.M. "Buddy" Childers
Representative 13th
Referred to the Committee on Health & Ecology.

HB 932. By Representatives Lucas of the 124th, Randall of the 127th, Ray of the 128th and Reichert of the 126th:
A bill to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," so as to revise the composition of the board of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 933. By Representative Smith of the 175th:
A bill to amend an Act creating the Board of Commissioners of Camden County, so as to repeal provisions relating to the clerk; to change the provi sions relating to the chairman and chairman pro tempore and their right to vote on matters before the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 447. By Representative Purcell of the 9th: A resolution compensating Mr. Edwin C. Chastain.
Referred to the Committee on Appropriations.

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

HB 943. By Representatives Watson of the 139th, Murphy of the 18th, Snow of the 2nd, Walker of the 141st, Ray of the 128th and others:
A bill to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the organization and members of the Georgia Public Service Commission, so as to provide for selection of a chairman of the commission; to provide for terms of office of the chair.
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 869 HB 870 HB 871 HB 872 HB 873
nnTTioT5J O oori/,of,-t UHHTBB3 8Q8'77Tb7C
HB 878 HB 879 HB 880
HB 881

HB 882 HB 883 HB 884 HB 888 HB 889
TU nTQ oTJ Q8QQ9Q10(\ rHWlB"R 8a&o9o2*
HB 893 HB 894 HB 895
HB 899

1308

JOURNAL OF THE HOUSE,

HB 900 HB 901 HB 907 HB 912 HB 916 HB 921 HB 925 HB 926 HB 927 HB 928 HB 930 HR 418 HR 419 HR 420 HR 436 HR 439

HR 440 HR 448 SB 281 SB 294 SB 332 SB 351 SB 353 SB 354 SB 363 SB 377 SB 391 SR 77 SR 180 HB 911 HB 915 HB 924

Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed:

HB 911. By Representative Holland of the 157th:
A bill to amend Code Section 43-14-8 of the Official Code of Georgia Anno tated, relating to licenses required of electrical, plumbing, and conditioned air contractors, so as to provide a period for applying for an unrestricted license by certain persons.

The motion prevailed.

Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed:

HB 915. By Representative Holland of the 157th:
A bill to amend Code Section 48-8-2 of the Official Code of Georgia Anno tated, relating to definitions relative to sales and use taxes, so as to provide that the routine repair of farm equipment, milling machinery, and farm related machinery shall not constitute a fabrication within the meaning of such Code section.

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

Ashe Bailey Y Baker Bannister Y Barfoot Y Bargeron N Barnard Y Barnes Bates Benefield E Birdsong Bordeaux Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J Y Brush

Buck E Buckner
Bunn Y Burkhalter
Byrd Y Campbell Y Canty
Carter Chambless Channel! Childers Coker Coleman, B Y Coleman, T Connell Cox E Crawford N Crews Y Culbreth

Y Cummings Y Davis, G
Davis, M Day N DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Dobbs Ehrhart Y Epps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden Goodwin

Y Greene Grindley
Y Manner Y Harbin N Harris N Hart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland
Holmes Y Howard
Hudson Y Hugley
Irvin Y James Y Jamieson

Y Jenkins Y Johnson, G Y Johnson, J N Johnston
Jones N Joyce N Kaye Y Kinnamon N Klein Y Ladd N Lakly Y Lane
Lawrence Lee Y Lewis N Lifsey Lord Lucas N Maddox

WEDNESDAY, MARCH 1, 1995

1309

N Mann Y Martin Y McBee Y McCall
McClinton McKinney N Mills Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Orrock E Parham Parrish Y Parsons Y Pelote

Y Perry N Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A
Purcell, B Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders

Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Smith, W Smyre

On the motion, the ayes were 90, nays 29. The motion prevailed.

N Snelling Snow
Y Stallings Y Stancil, F
Stancil, S E Stanley, L E Stanley, P
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus Y Towery
Trense

Y Turnquest Y Twiggs
Walker, L N Walker, R.L
Wall Watson Watts N Westmoreland Y Whitaker White N Wiles Williams, B Williams, J Y Williams, R N Woods N Yates Murphy, Spkr

Pursuant to Rule 52, Representative Holland of the 157th moved that the following Bill of the House be engrossed:

HB 924. By Representatives Holland of the 157th and Watson of the 139th:
A bill to amend Code Section 43-26-7 of the Official Code of Georgia Anno tated, relating to requirements for licensure as a registered professional nurse, so as to change certain provisions relating to reinstatement of such license.

The motion prevailed.

Representative Pelote of the 149th District, Vice-Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:
Your Committee on Game, Fish & Parks has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 890 Do Pass
Respectfully submitted, /s/ Pelote of the 149th
Vice-Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 17 Do Pass SB 326 Do Pass SB 331 Do Pass

1310

JOURNAL OF THE HOUSE,

Respectfully submitted, /a/ Lane of the 146th
Chairman

Representative Powell of the 23rd District, Vice-Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 205 Do Pass, by Substitute
Respectfully submitted, /s/ Powell of the 23rd
Vice-Chairman

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions & Property has had under consideration the following Bill and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 660 Do Pass, by Substitute HR 388 Do Pass

HR 419 Do Pass SR 131 Do Pass

Respectfully submitted, Is/ Dobbs of the 92nd
Chairman

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

Mr. Speaker:

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

HB 846 Do Pass HB 848 Do Pass HB 853 Do Pass HB 854 Do Pass HB 855 Do Pass

HB 856 Do Pass HB 857 Do Pass HB 858 Do Pass HB 867 Do Pass HB 898 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

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

Mr. Speaker:

WEDNESDAY, MARCH 1, 1995

1311

Your Committee on Ways & Means has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the follow ing recommendations:
HB 419 Do Pass, by Substitute HB 683 Do Pass, by Substitute
Respectfully submitted, /s/ Buck of the 135th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 1, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 31st Legislative Day as enu merated below:
HB 129 QBE; instructional programs; program weights HB 202 General appropriations; FY 1995-96 HB 677 Motor vehicles; self-insurance; cash deposits HB 678 Teachers; national certification; salary increase HB 680 Distilled spirits; sales by drink on prem; referendum upon resolution HB 704 Juries; amend provisions; divorce; alternative dispute resolution
HR 293 Eddie Eagle Gun Safety Program; urge school systems adopt HR 304 Wade R. Milam, Jr., Bridge; designate HR 351 Stephens County; convey property HR 376 Clay County; lease property; Ware County; lease property HR 384 Jt Study Comm on Pilot Projects in the Gwinnett Jud Circuit; create HR 385 State banks; federal regulatory exam fee; urge Congress reject
SR 119 Liberty Co. - conveyance of cert, state property SR 169 Martha Berry Day - declare October 7, 1995
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 846. By Representative Crawford of the 129th:
A bill to amend an Act increasing the compensation of the chairperson and members of the board of commissioners of Upson County, so as to provide for a range of compensation for the chairperson and members of the board of commissioners of Upson 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 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OF THE HOUSE,

HB 848. By Representative Crawford of the 129th:
A bill to amend an Act creating a board of commissioners of roads and reve nues for the County of Pike, so as to reapportion the board of commissioners.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 853. By Representative McCall of the 90th:
A bill to amend an Act creating a new charter for the City of Lexington, so as to change the terms of office of the mayor and members of the council.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 854. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act creating the Washington Wilkes Payroll Development Authority, so as to change the definition of the term "project" to include the acquisition of land for the construction and operation of utility systems and for transportation purposes in connection with industry, commerce, and agri culture; to authorize the authority to condemn property for the purpose of constructing roads, bridges, or rail lines.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 855. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act making provisions for the Magistrate Court of Wilkes County, so as to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Wilkes County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 856. By Representatives McCall of the 90th and Channell of the lllth:
A bill to amend an Act granting a new charter to the Town of Tignall, so as to change the punishment for misdemeanor offenses; to change the pun ishment for contempt in the municipal court.

WEDNESDAY, MARCH 1, 1995

1313

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 857. By Representatives McCall of the 90th and Channell of the lllth:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Wilkes County.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 858. By Representatives Bunn of the 74th and O'Neal of the 75th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 867. By Representative Lakly of the 105th:
A bill to recreate and reincorporate the Town of Woolsey in Fayette County and grant a new charter to that municipality under such corporate name and style.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 898. By Representative Jenkins of the 110th: A bill to provide a new charter for the City of Shady Dale.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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

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JOURNAL OF THE HOUSE,

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

SB 214. By Senator James of the 35th:
A bill to amend Code Section 20-2-250 of the Official Code of Georgia Anno tated, relating to education projects to improve efficiency, so as to provide for an additional grant program targeting at-risk students and the conditions and procedures relating thereto; to provide for an annual review; to require that a certain percent of certain grant funds be used for direct program expenditures at specific schools.

SB 215. By Senator James of the 35th:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Anno tated, relating to hearings on proposed zoning decisions, so as to provide that defeated zoning actions may not be reconsidered for at least 12 months.

SB 221. By Senator Farrow of the 54th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to des ignate the judgeship for which they are offering.

SB 251. By Senators Day of the 48th, Edge of the 28th and Cagle of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to prohibit centralized emission testing in Georgia; to promote competition among emission inspection stations; to provide that neither the board, the Department of Natural Resources, nor the Environ mental Protection Division shall have the authority to contract with any entity.

SB 264. By Senators Clay of the 37th, Tanksley of the 32nd, Isakson of the 21st and Thompson of the 33rd:
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 elec tion of such judge and of such judge's successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allow ances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit.

SB 341. By Senators Clay of the 37th, Land of the 16th and Edge of the 28th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to change the sentence for the third conviction of simple battery involving family violence.

WEDNESDAY, MARCH 1, 1995

1315

SB 369. By Senator Edge of the 28th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident insurance, so as to provide that in a claim arising out of a motor vehicle accident, it shall be unlawful for an attorney to give anything of value to a nonattorney for a referral; to provide that a health care provider may not give anything of value for a referral.

SB 374. By Senators Madden of the 47th, Middleton of the 50th, McGuire of the 30th and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Anno tated, relating to the Department of Agriculture, so as to authorize the Com missioner of Agriculture to solicit and to expend state funds for the solicitation of voluntary contributions to be used exclusively for the compila tion, publication, printing, and distribution of the Farmers and Consumers Market Bulletin.

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

HR 432. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A resolution welcoming and commending Bishop John Kevin Boland.

HR 433. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd and Mueller of the 152nd:
A resolution commending the Most Reverend Raymond William Lessard, Bishop of Savannah.
The Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 289. By Senators Ray of the 19th and Perdue of the 18th:
A resolution relative to adjournment.
The Senate has passed by the requisite constitutional majority the following bill of the Senate:

SB 313. By Senators Boshears of the 6th, Pollard of the 24th, Ragan of the llth and Blitch of the 7th:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, the "Capital Felony Expense Act," so as to change the basis, time, and manner for calculation of expenses which are eligible for reimbursement; to specify which expenses are eligible for reimbursement; to change the definition of a term and delete a defined term; to provide for related matters; to provide for an effective date and applicability.

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

1316

JOURNAL OF THE HOUSE,

SB 214. By Senator James of the 35th:
A bill to amend Code Section 20-2-250 of the Official Code of Georgia Anno tated, relating to education projects to improve efficiency, so as to provide for an additional grant program targeting at-risk students and the conditions and procedures relating thereto; to provide for an annual review; to require that a certain percent of certain grant funds be used for direct program expenditures at specific schools.
Referred to the Committee on Education.

SB 215. By Senator James of the 35th:
A bill to amend Code Section 36-66-4 of the Official Code of Georgia Anno tated, relating to hearings on proposed zoning decisions, so as to provide that defeated zoning actions may not be reconsidered for at least 12 months.
Referred to the Committee on State Planning & Community Affairs.

SB 221. By Senator Farrow of the 54th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of judges of the superior courts, so as to pro vide for a fourth judge of the superior courts of the Conasauga Judicial Circuit of Georgia; to provide for the appointment, subsequent election, and terms of office of said judge; to require candidates for such judgeship to des ignate the judgeship for which they are offering.
Referred to the Committee on Judiciary.

SB 251. By Senators Day of the 48th, Edge of the 28th and Cagle of the 49th:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to prohibit centralized emission testing in Georgia; to promote competition among emission inspection stations; to provide that neither the board, the Department of Natural Resources, nor the Environ mental Protection Division shall have the authority to contract with any entity.
Referred to the Committee on Natural Resources & Environment.

SB 264. By Senators Clay of the 37th, Tanksley of the 32nd, Isakson of the 21st and others:
A bill to provide for an additional judge of the superior court of the Cobb Judicial Circuit; to provide for the initial appointment and subsequent elec tion of such judge and of such judge's successors; to provide for terms; to prescribe the powers of said judge; to prescribe the compensation and allow ances of said judge; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit.
Referred to the Committee on Judiciary.

WEDNESDAY, MARCH 1, 1995

1317

SB 313. By Senators Boshears of the 6th, Pollard of the 24th, Ragan of the llth and others:
A bill to amend Article 2 of Chapter 11 of Title 17 of the Official Code of Georgia Annotated, the "Capital Felony Expense Act," so as to change the basis, time, and manner for calculation of expenses which are eligible for reimbursement; to specify which expenses are eligible for reimbursement; to change the definition of a term and delete a defined term; to provide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Judiciary.

SB 341. By Senators Clay of the 37th, Land of the 16th and Edge of the 28th:
A bill to amend Chapter 5 of Title 16 of the Official Code of Georgia Anno tated, relating to crimes against the person, so as to change the sentence for the third conviction of simple battery involving family violence.
Referred to the Committee on Special Judiciary.

SB 369. By Senator Edge of the 28th:
A bill to amend Chapter 34 of Title 33 of the Official Code of Georgia Anno tated, relating to motor vehicle accident insurance, so as to provide that in a claim arising out of a motor vehicle accident, it shall be unlawful for an attorney to give anything of value to a nonattorney for a referral; to provide that a health care provider may not give anything of value for a referral.
Referred to the Committee on Judiciary.

SB 374. By Senators Madden of the 47th, Middleton of the 50th, McGuire of the 30th and others:
A bill to amend Chapter 2 of Title 2 of the Official Code of Georgia Anno tated, relating to the Department of Agriculture, so as to authorize the Com missioner of Agriculture to solicit and to expend state funds for the solicitation of voluntary contributions to be used exclusively for the compila tion, publication, printing, and distribution of the Farmers and Consumers Market Bulletin.
Referred to the Committee on Agriculture & Consumer Affairs.

Representative DeLoach of the 172nd moved that the House reconsider its action in giving the requisite constitutional majority to the following Resolution of the House:

HR 323. By Representative Jamieson of the 22nd:
A resolution ratifying the change of regional development center boundaries established by the Board of Community Affairs.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Bailey N Baker Y Bannister N Barfoot
N Bargeron Y Barnard N Barnes
Bates

Benefield E Birdsong N Bordeaux N Bostick N Breedlove
N Brooks, D Y Brooks, T Y Brown, G Y Brown, J

Y Brush N Buck E Buckner
Bunn Y Burkhalter
N Byrd Y Campbell
Canty Carter

N Chambless N Channel! N Childers Y Coker Y Coleman, B
N Coleman, T N Connell N Cox E Crawford

Y Crews N Culbreth
Cummings Y Davis, G Y Davis, M
N Day Y DeLoach, B Y DeLoach, G Y Dix

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JOURNAL OF THE HOUSE,

N Dixon, H N Dixon, S
Dobbs Y Ehrhart Y Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden
Goodwin
N Greene Y Grindley N Hanner Y Harbin Y Harris
YHart N Heard Y Heckstall N Hegstrom N Hembree N Henson N Holland Y Holmes
Y Howard
N Hudson

N Hugley Y Irvin Y James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey
Lord Lucas Y Maddox YMann N Martin N McBee N McCall

Y McClinton Y McKinney Y Mills Y Mobley, B
N Mobley, J
N Mosley N Mueller N O'Neal N Orrock E Parham N Parrish Y Parsons N Pelote N Perry
Y Pinholster N Polak N Porter N Poston N Powell Y Purcell, A N Purcell, B Y Randall
Y Randolph
NRay
N Reaves Y Reichert Y Roberts

On the motion, the ayes were 84, nays 78. The motion prevailed.

N Rogers
N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson Y Sinkfield
Y Skipper
Y Smith, C N Smith, C.W N Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W N Smyre N Snelling N Snow N Stallings N Stancil, F Y Stancil, S Y Stanley, L
Stanley, P

Y Stephenson N Streat N Tayior Y Teague N Teper N Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Irvin of the 45th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 336. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the eligibility requirements regard ing certain tax credits for manufacturing facilities; to change limitations applicable to such credits; to change certain provisions relating to tax credits for employers providing approved retraining programs; to change certain pro visions relating to tax credits for employers providing child care.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey N Baker Y Bannister
N Barfoot
N Bargeron
Y Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck E Buckner YBunn Y Burkhalter
NByrd

Y Campbell
Canty
Carter N Chambless N Channell
N Childers
N Coker
Y Coleman, B N Coleman, T N Connell NCox
E Crawford
Y Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix N Dixon, H N Dixon, S
Dobbs

Y Ehrhart N Epps Y Evans Y Falls N Felton N Floyd N Godbee N Golden
Goodwin
N Greene Y Grindley N Hanner Y Harbin Y Harris
NHart Heard
N Heckstall
N Hegstrom
Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
Kaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox
YMann

N Martin
N McBee N McCall N McClinton N McKinney
Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock E Parham N Parrish Y Parsons
Pelote N Perry
Y Pinholster
N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B

WEDNESDAY, MARCH 1, 1995

1319

N Randall N Randolph N Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan

N Shaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V

Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor

N Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs N Walker, L Y Walker, R.L Y Wall

N Watson N Watts Y Westmoreland Y Whitaker
White Y Wiles
Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 58, nays 99. The motion was lost.

Representative Smith of the 174th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "nay"
thereon.

The following Resolutions of the House were read and adopted:

HR 449. By Representatives Connell of the 115th, DeLoach of the 119th, Hart of the 116th, Howard of the 118th and Harbin of the 113th:
A resolution commending Harold D. Kingsmore and the associates of the Graniteville Company for achieving 150 years in operation as a leading textile manufacturer.

HR 450. By Representative O'Neal of the 75th: A resolution commending Eric R. Mesimer.

HR 451. By Representatives Brown of the 130th, Smith of the 102nd and Epps of the 131st:
A resolution commending Glen O. Long.

HR 452. By Representative Whitaker of the 7th: A resolution commending Mrs. Jo Thurman.

HR 453. By Representative Coleman of the 80th:
A resolution commending the District #6910 Rotary Youth Leadership Award (RYLA) program.

HR 454. By Representative Bannister of the 77th: A resolution commending George Thompson.

HR 455. By Representative Bannister of the 77th: A resolution commending Vie Verdi.

HR 456. By Representatives Dixon of the 150th, Murphy of the 18th, Mueller of the 152nd, Pelote of the 149th, Bordeaux of the 151st and others:
A resolution commending Cheatham E. Hodges, Jr.

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JOURNAL OF THE HOUSE,

HR 457. By Representatives Shipp of the 38th, Klein of the 39th, Sauder of the 29th, Coker of the 31st and Wiles of the 34th:
A resolution commending and recognizing Jim Powell.

HR 459. By Representatives Ashe of the 46th, McBee of the 88th, Smith of the 175th, Hugley of the 133rd, Taylor of the 134th and others:
A resolution recognizing the 100th Year of Women in State Legislatures and commending past and present women legislators.

By unanimous consent, HB 694 was again postponed until Monday, March 6, 1995.

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

HB 202. 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, 1995 and ending June 30, 1996; to make and provide such appropriations for the operation of the State Government, its departments, boards, bureaus, commissions, institutions, and other agencies, and for the university system, common schools, counties, municipalities, and political subdivisions, and for all other governmental activities, projects and undertak ings authorized by law, and for all leases, contracts, agreements, and grants authorized by law; to provide for the control and administration of funds; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

That the total of $10,700,856,569 is hereinafter appropriated for the State Fiscal Year beginning July 1, 1995 and ending June 30, 1996, as prescribed hereinafter for such fiscal year, from the General Funds of the State, including unappropriated surplus and a reve nue estimated of $10,700,856,569 for State Fiscal Year 1996. (Includes $146,300,000 in Indigent Care Trust Fund receipts and $420,556,569 from Lottery proceeds.)

PARTI LEGISLATIVE BRANCH

Section 1. F.Y. 1996

LEGISLATIVE BRANCH. $24,378,976

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis lature and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Leg islative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any state-owned building other than the State Capitol, the committee shall measure the need for said space as compared to the space requirements for full-time state agencies and departments and shall, prior to

WEDNESDAY, MARCH 1, 1995

1321

approval of renovation or reconstruction of legislative office space, consider the most effi cient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst, and the Legislative Fiscal Office; for the operation of the House Research Office; for compiling, publishing and distribution the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code revision; for the annual report of the State Auditor to the General Assembly; for equipment, supplies, fur nishings, repairs, printing services, and other expenses of the Legislative Branch of Gov ernment; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.
The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs which are paid for from funds appropriated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid for from other appro priations.

Section 2. F.Y. 1996

Department of Audits. $18,582,859

PART II JUDICIAL BRANCH

Section 3. F.Y. 1996

Supreme Court. $5,671,506

Section 4. F.Y. 1996

Court of Appeals. $7,269,120

Section 5. F.Y. 1996

Superior Courts. $53,003,536

Section 6. F.Y. 1996

Juvenile Courts. $1,200,000

Section 7. F.Y. 1996

Institute of Continuing Judicial Education. $759,830

Section 8. F.Y. 1996

Judicial Council. $1,921,445

Section 9. F.Y. 1996

Judicial Qualifications Commission. $162,458

Section 10. F.Y. 1996

Indigent Defense Council. $4,700,000

Section 11. F.Y. 1996

Georgia Courts Automation Commission. $2,947,935

Section 12. F.Y. 1996

Georgia Office of Dispute Resolution. $252,430

PART III EXECUTIVE BRANCH

Section 13.

Department of Administrative Services.

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JOURNAL OF THE HOUSE,

F.Y. 1996

$37,791,968

Section 14. F.Y. 1996

Agency for Removal of Hazardous Materials. $114,727

Section 15. F.Y. 1996

Department of Agriculture. $40,339,829

Section 16. F.Y. 1996

Department of Banking and Finance. $8,898,240

Section 17. F.Y. 1996

Department of Children and Youth Services. $124,891,065

It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to utilize funds on the following programs in Fiscal Year 1996 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juve nile offenses or of becoming pregnant;
Community Mental Health Services for Children and Adolescents and alternatives to secure detention;
Child welfare services to include protective services, child care, and services needed to prevent unnecessary and inappropriate placement of children who are at risk of becoming wards of the state;
Foster Care Rates; and Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 18. F.Y. 1996

Department of Community Affairs. $27,841,561

Provided that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Atlanta

Public Access and Teacher Education Program at Clark Atlanta University

$134,000

Houston County

Expansion and Operation of Aviation Museum and Hall of Fame

$ 90,000

Houston County

Planning and Design of Education Facility

$180,000

Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for Loans shall be available for nominal or no interest loans to counties, munici palities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.

Section 19. F.Y. 1996

Department of Corrections. $704,107,472

Section 20. F.Y. 1996

Department of Defense. $4,131,066

Section 21.

State Board of Education.

WEDNESDAY, MARCH 1, 1995

1323

F.Y. 1996

$3,725,736,179

Provided, that the formula calculation for Quality Basic Education funding assumes a base unit cost of $1,650.22. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
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 staff and professional develop ment, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.
Provided that, of the above appropriation relative to staff and professional develop ment, the State Board of Education is authorized to designate up to five percent of the total appropriated for staff development to train teachers to teach Algebra, Environmental Education, and other State Board priorities.
Provided, that of the above appropriation relative to the 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, which meet criteria and standards prescribed by the State Board of Education for middle school programs.
It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to utilize funds on the following programs in Fiscal Year 1996 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:
Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 22. F.Y. 1996

Employees' Retirement System. $0

Section 23. F.Y. 1996

Forestry Commission. $35,696,298

Section 24. F.Y. 1996

Georgia Bureau of Investigation. $44,816,805

Section 25. F.Y. 1996

Office of the Governor. $31,174,939

Section 26. F.Y. 1996

Department of Human Resources. $1,195,320,692

It is the intent of this General Assembly that federal funds be utilized to expand selected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to utilize funds on the following programs in Fiscal Year 1996 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget.
Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juve nile offenses or of becoming pregnant. Community Mental Health Services for Children and Adolescents. Child Welfare services to include protective services, child care, and services needed to prevent unnecessary and inappropriate placement of children who are at risk of becom ing wards of the state. Foster Care Rates

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JOURNAL OF THE HOUSE,

Grants to Community Family Centers established as part of the Governor's Children's Initiative and Family Connection sites.

Section 27. F.Y. 1996

Department of Industry, Trade and Tourism. $27,367,139

Section 28. F.Y. 1996

Office of the Commissioner of Insurance. $15,016,856

Section 29. F.Y. 1996

Department of Labor. $17,925,959

Section 30. F.Y. 1996

Department of Law. $11,419,864

Section 31. F.Y. 1996

Department of Medical Assistance. $1,344,623,942

Section 32. F.Y. 1996

State Merit System of Personnel. $0

The Department is authorized to assess no more than $174.25 per merit system bud geted position for the cost of departmental operations.
It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for F.Y. 1996 shall not exceed 12.5 percent.
It is the intent of this General Assembly that the employer contribution rate for the teachers health benefit plan for F.Y. 1996 shall not exceed 8.66 percent.

Section 33. F.Y. 1996

Department of Natural Resources. $89,999,056

Provided, that no land shall be purchased for State park purposes from funds appro priated in this section or from any other funds without the approval of the State Proper ties Control Commission, except that land specifically provided for in this Section.
Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50% of the excess receipts to supplant State funds and
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 reve nues collected from a state parks parking pass implemented by the Department.
Provided that the funds appropriated in Per Diem, Fees, and Contracts for historic preservation technical assistance be distributed among qualified agencies for professional,
regional preservation planning services.

Section 34. F.Y. 1996

Department of Public Safety. $110,418,335

Section 35. F.Y. 1996

Public School Employees' Retirement System. $9,725,000

Section 36. F.Y. 1996

Public Service Commission. $8,599,239

Section 37. F.Y. 1996

Regents', University System of Georgia. $1,351,495,374

Provided, that of the above amount $2,250,000 is appropriated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholors Endowment Trust Fund.
The Board of Regents is authorized to transfer other object class surpluses to Capital Outlay and Equipment without approval of the Office of Planning and Budget or the Fis cal Affairs Subcommittees.

WEDNESDAY, MARCH 1, 1995

1325

The Board of Regents is authorized to transfer other object class surpluses to Personal Services for the sole purpose of establishing a health benefit reserve in the amount not to exceed twenty percent of total benefit payments for the fiscal year to which this appro priation act applies. Such transfers shall not require approval of either the Office of Plan ning and budget or the Fiscal Affairs Subcommittee.
Of the above Lottery Funds, $17,000,000 from the Equipment, Technology and Con struction Trust Fund shall be used to match public and private grants to public colleges and universities. The Board of Regents shall allocate a minimum of $3,000,000 for educa tional and agricultural purposes to activities that comprise Budget Unit "B" - Regents Central Office and Other Organized Activities.

Section 38. F.Y. 1996

Department of Revenue. $93,478,189

Section 39. F.Y. 1996

Secretary of State. $30,116,790

Section 40. F.Y. 1996

Soil and Water Conservation Commission. $2,173,265

No funds (general funds of bonds) shall be expended for repair and maintenance of Soil Conservation Service dams unless valid maintenance agreements are signed between the Commission and dam sponsors. In cases where state soil and water conservation dis tricts are sole sponsors, maintenance agreements must be signed between the county or city where the dams are located. All maintenance agreements must be approved by the Department of Law.

Section 41. F.Y. 1996

Georgia Student Finance Commission. $149,803,198

Section 42. F.Y. 1996

Teachers' Retirement System. $4,075,000

Section 43. F.Y. 1996

State Board of Technical and Adult Education. $196,174,914

Provided, that none of the State funds appropriated in this section may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education.

Section 44. F.Y. 1996

Department of Transportation. $456,274,006

For this and all future general appropriations acts, it is the intent that the following provisions apply:
(a) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
(b) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years subject to the approval by the Office of Planning and Budget.
(c) Interstate Rehabilitation Funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
(d) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in this Section in the event such

1326

JOURNAL OF THE HOUSE,

collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax appro priations.
(e) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, paragraph VI, Subsection (b) of the State Constitution.
(f) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
(g) State funds for any airport development project shall not exceed local funds for such project, except for airports owned by the State of Georgia.
It is the further intent of this General Assembly, that of the $515,000,000 of motor fuel tax appropriated in this Act, $38,641,836 is designated and committed for the Local Assistance Road Program.
It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt services on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and spe cific purpose of addressing the State's special need appropriation.

Section 45. F.Y. 1996

Department of Veterans Service. $23,672,934

Section 46. F.Y. 1996

State Board of Workers' Compensation. $10,210,220

Section 47. F.Y. 1996

State of Georgia General Obligation Debt Sinking Fund. $429,914,625

A. Budget Unit: State General Funds (Issued) Motor Fuel Tax Funds (Issued)

$ 297,757,565
70,000,000 $ 367,757,565

B. Budget Unit: State General Funds (New) Motor Fuel Tax Funds (Issued)

$ 62,157,060
0 $ 62,157,060

With regard to the appropriations in Section 46 to the "State of Georgia General Obli gation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agen cies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $12,294,590 is spe cifically appropriated for the purpose of providing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $125,455,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,081,920 is specif ically appropriated for the State Board of Education for the purpose of providing certain public library facilities for county and independent school systems, counties, municipali ties, or boards of trustees of public libraries or public library systems, through the issuance of not more than $11,040,000 in principal amount of General Obligation Debt, the instru ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $7,997,780 is specif ically appropriated for the purpose of financing projects for the Board of Regents of the

WEDNESDAY, MARCH 1, 1995

1327

University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $81,610,000 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)", $1,806,630 is specif ically appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $18,435,000 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)", $1,176,000 is specif ically appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $12,000,000 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)", $784,000 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the
University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec
tion therewith, through the issuance of not more than $8,000,000 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)", $343,000 is specifi
cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings,
structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $3,500,000 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)", $357,700 is specifi
cally appropriated for the purpose of financing facilities of the Department of Natural Resources for the project provided for by the Georgia Agricultural Exposition Authority
Act, specifically in connection with O.C.G.A. 12-3-470, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,650,000 in
principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $20,400 is specifi cally appropriated for the purpose of financing facilities of the Department of Natural
Resources for the project provided for by the Georgia Agricultural Exposition Authority Act, specifically in connection with O.C.G.A. 12-3-470, by means of the acquisition, con struction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary
or useful in connection therewith, through the issuance of not more than $85,000 in princi pal 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)", $1,960,000 is specif ically appropriated for the Georgia Environmental Facilities Authority for the purpose of

1328

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financing loans to local governments and local government entities for water or sewer facil ities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $999,600 is specifi cally appropriated for the purpose of financing a coastal Georgia maritime trade and con vention center for the Department of Industry, Trade and Tourism by means of the acquisition, construction, development, extension, enlargement, 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 $10,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $548,800 is specifi cally 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 $5,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $490,000 is specifi cally 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $147,000 is specifi cally 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 $1,500,000 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)", $128,400 is specifi cally 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 $535,000 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)", $62,230 is specifi cally 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 $635,000 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)", 49,000 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 $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)", $3,920,000 is specif ically appropriated for the purpose of financing projects for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or

WEDNESDAY, MARCH 1, 1995

1329

improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $40,000,000 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)", $692,400 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,885,000 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)", $236,670 is specifi cally appropriated for the purpose of financing projects for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connec tion therewith, through the issuance of not more than $2,415,000 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)", $229,810 is specifi cally appropriated for the purpose of financing projects for the State Soil and Water Con servation Commission, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highway, buildings, structures, equipment or facilities, both real and personal necessary or useful in connection therewith, through the issuance of not more than $2,345,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $12,250,000 is spe cifically appropriated for the purpose of financing projects for the Department of Trans portation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $125,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $6,860,000 is specif ically appropriated for the purpose of financing projects for the Department of Transpor tation, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $70,000,000 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)", $490,000 is specifi cally appropriated for the purpose of financing projects for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $89,180 is specifi cally appropriated for the purpose of financing projects for the Department of Transporta tion, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $910,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

1330

JOURNAL OF THE HOUSE,

From the appropriation designated "State General Funds (New)", $3,234,000 is specif ically 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 $33,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $240,000 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obliga tion Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $85,750 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $875,000 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)", $39,200 is specifi cally appropriated for the purpose of financing projects for the Department of Children and Youth Services, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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)", $686,000 is specifi cally appropriated for the purpose of financing projects for the Department of Human Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or
facilities, both real and personal, necessary or useful in connection therewith, through the
issuance of not more than $7,000,000 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)", $362,600 is specifi
cally appropriated for the purpose of financing projects for the Department of Corrections,
by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu
ance of not more than $3,700,000 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)", $313,600 is specifi
cally appropriated for the purpose of financing projects for the Department of Corrections
by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu
ance of not more than $3,200,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $196,000 is specifi
cally appropriated for the purpose of financing projects for the Department of Corrections
by means of the acquisition, construction, development, extension, enlargement, or
improvement of land, waters, property, highways, buildings, structures, equipment or facil
ities, both real and personal, necessary or useful in connection therewith, through the issu
ance of not more than $2,000,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months.

WEDNESDAY, MARCH 1, 1995

1331

From the appropriation designated "State General Funds (New)", $408,000 is cpecifically appropriated for the purpose of financing projects for the Department of Cor rections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $1,700,000 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)", $254,800 is specifi cally 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 facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $2,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $784,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $8,000,000 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)", $490,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Building Author ity, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facil ities, both real and personal, necessary or useful in connection therewith, through the issu ance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $48,000 is specifi cally appropriated for the purpose of financing projects for the Georgia Emergency Man agement Agency, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
Section 48. Appropriations to the object class "Authority Lease Rentals" shall be used entirely for payment to debt sinking funds, and no funds shall be withdrawn from debt sinking funds except for the purpose of paying principal, interest and trustees fees, or for transfer to another sinking fund.

Section 49. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefore.

Section 50. Each and every agency, board, commission, and authority receiving appropriations in the Act shall procure and utilize only the most economical and cost effective motor vehicles suitable for the purpose and shall develop and enforce stringent regulations relating to the use of motor vehicles owned, leased, or rented by the State, including provisions that employees authorized to utilize State vehicles for commuting to and from work shall not use State vehicles except for official State business. Except as otherwise specifically authorized by this body, utilization of State motor vehicles for com muting to and from work should only be authorized in rare and unusual circumstances requiring frequent and regular use of such State vehicles in official State business under conditions precluding obtaining a State vehicle from a State facility in a normal manner.

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The State Auditor shall make the utilization of State motor vehicles, xerographic equipment and telephone equipment a matter of special interest in future audits to insure strict compliance with the intent of this General Assembly.
Section 51. In accordance with the requirements of Article IX, Section VI, Para graph l(a) of the Constitution of the State of Georgia, as amended, there is hereby appro priated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under lease contracts now in exis tence or as provided for in the Appropriations Act between any department, agency, or institution of the State, and any authority created and activated at the time of the effec tive date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act, and for each and every fiscal year thereafter, until all payments required under lease contracts have been paid in full, and if for any reason any of the sums herein provided under any other provision of this Act are insuffi cient in any year to make the required payments in full, there shall be taken from other funds appropriated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.
Section 52. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effective matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
It is the further intent of this General Assembly that the Office of Planning and Bud get utilize its budgetary and fiscal authority so as to accomplish the above-stated intent to the greatest degree feasible; and that at the end of this fiscal year, said Office of Plan ning and Budget provide written notice to members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
Section 53. It is the intent of this General Assembly that each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine the expenditures as contemplated in this Appropriations Act.
Section 54. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law, which is required to make refund of taxes and other monies collected in error, farmers gasoline tax refund and any other refunds specifically authorized by law.
Section 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with federal funds.
Section 56. It is the intent of the General Assembly that for the purposes of this Act,
(1) Authorized motor vehicles are defined as sedans, pickup trucks, vans, station wag ons and other such vehicles for street and highway use; and
(2) The number of passenger-carrying motor vehicles indicated for each budget unit shall include leased vehicles and State-owned vehicles.
(3) The Departments are not authorized to accept vehicles from surplus property to increase the number authorized in this Act unless specifically approved by the Office of Planning and Budget.
Section 57. All expenditures and appropriations made and authorized under this Act shall be according to the programs and activities as specified in the Governor's recom mendations contained in the Budget Report submitted to the General Assembly for this

WEDNESDAY, MARCH 1, 1995

1333

state fiscal year, except as otherwise specified in this Act; provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit of the Execu tive Branch between objects, programs, activities and functions subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the Fiscal Year to which this Appropriations Act applies, and provided, further, that no funds whatsoever shall be trans ferred between objects without the prior approval of at least eleven (11) members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in the audit in which expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. In those cases in which the aforesaid Budget Report contains no recommendation by the Governor of expenditures as to objects, the Director of the Budget, except as to the Legislative and Judicial Branches of the Govern ment, is authorized to allocate as to object such funds as he deems proper, but he shall not approve any operating budget containing any such allocation until such shall be sub mitted and approved in the same manner and under the same conditions provided herein before for transfers.
(1) For the purpose of this Section, the term "common" object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Purchases, Publication and Printing, Equipment, Postage, Computer Charges, Real Estate Rentals and Telecommunications.
(2) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount of each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(3) It is the further intent that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget.

Section 58. 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 59. The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriations provided in the forego ing Section of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess, as determined by the Office of Planning and Budget, shall cease to be an obligation of the State.

Section 60. Salary Adjustment

$216,661,728

In addition to all other appropriations for the State Fiscal Year ending June 30, 1996,

there is hereby appropriated $216,661,728 for the purposes described herein; (1) for merit

increases of 5% for full-time employees of the executive, judicial and legislative branches

of government to be awarded on each employee's anniversary date based on a rating of

satisfactory or better on the employee's annual performance appraisal; (2) for a 5%

increase for each state official (excluding members of the General Assembly) whose salary

is set by Act 755 (H.B. 262) of the 1978 Regular Session of the Georgia General Assembly,

as amended, as authorized in said act, Code Section 45-7-4 effective July 1, 1995; (3) for

a 2.5% for members of the General Assembly effective July 1, 1995; (4) for a 6% increase

in state base salary on the teacher salary schedule for the State Board of Education and

the Department of Technical and Adult Education effective September 1, 1995; (5) for a

5% salary adjustment for State paid school bus drivers and lunchroom workers effective

July 1, 1995; (6) for job class upgrades, supplement increases and other salary adjustments

1334

JOURNAL OF THE HOUSE,

included in the Governor's F. Y. 1996 Budget Report; (7) $59,890,116 is included in Sec tion 37 for a 6% funding level for merit increases for Regents faculty and support person
nel to be awarded on July 1, 1995 for non-academic personnel and September 1, 1995 for academic personnel.

Section 61. F.Y. 1996

TOTAL STATE FUND APPROPRIATIONS $10,700,856,569

Section 62. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 63. All laws and parts of laws in conflict with this Act are repealed.

The following Committee substitute was read:

A BILL

To make and provide appropriations for the State Fiscal Year beginning July 1, 1995, and ending June 30, 1996; 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, 1995, and ending June 30, 1996, 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 $10,134,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1996.

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

24,378,976 12,892,417
3,693,265 2,612,366
86,500 7,000
0 222,000 538,000
5,000 667,000 93,970
2,333,658 95,000
1,132,800
24,378,976 24,378,976

Senate Functional Budgets

Total Funds

State Funds

WEDNESDAY, MARCH 1, 1995

1335

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

$

3,607,475

$

769,307

$

1,106,854

$

5,483,636

$

3,607,475

$

769,307

$

1,106,854

$

5,483,636

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

$

9,476,911

$

543,191

$

1,393,107

$

11,413,209

$

9,476,911

$

543,191

$

1,393,107

$

11,413,209

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office Legislative Budget Office Ancillary Activities Total

$

2,476,000

$

2,221,625

$

938,800

$

1,845,706

$

7,482,131

$

2,476,000

$

2,221,625

$

938,800

$

1,845,706

$

7,482,131

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legis latures and the National Conference of Insurance Legislators and other legislative organi zations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, 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 not withstanding, 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.

1336

JOURNAL OF THE HOUSE,

Section 2. Department of Audits. Budget Unit: Department of Audits...................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................! Telecommunications.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

17.939.253 14,995,953
438,520 521,450 137,535 39,800 869,790 69,850 728,230 138,125 17,939,253 17,939,253

PART II

JUDICIAL BRANCH

Section 3. Judicial Branch. Budget Unit: Judicial Branch..............................................................!
Personal Services.............................................................................! Other Operating..............................................................................! Prosecuting Attorney's Council.....................................................! Council of Superior Court Judges................................................! Judicial Administrative Districts..................................................! Georgia Magistrate Courts Training Council..............................! Georgia Municipal Courts Training Council...............................! 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.........................................................! Computerized Information Network............................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

72.124,268 10,564,758 59,882,371 1,985,093
333,282 1,236,394
148,098 14,450 76,500 136,281
25,835
20,450
12,050 31,040
300,000
683.800 75,450,402 72,124,268

Judicial Branch Functional Budgets

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court Juvenile Court Institute of Continuing Judicial
Education Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of
Dispute Resolution Total

5,891,923 6,921,101 54,568,328
938,297
698,379 1,709,843
151,654 3,000,000
1,350,228
220,649 75,450,402

5,294,630 6,871,101 51,954,487
938,297
698,379 1,644,843
151,654 3,000,000
1,350,228
220.649 72,124,268

WEDNESDAY, MARCH 1, 1995

1337

Section 4. Department of Administrative Services. A. Budget Unit: Department of
Administrative Services .........................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Rents and Maintenance Expense .................................................$ Utilities .............................................................................................$ Payments to DOAS Fiscal Administration .................................$ Direct Payments to Georgia Building
Authority for Capital Outlay .....................................................$ Direct Payments to Georgia Building
Authority for Operations............................................................! Telephone Billings ..........................................................................$ Radio Billings ..................................................................................$ Materials for Resale........................................................................! Public Safety Officers Indemnity Fund ......................................I Health Planning Review Board Operations................................! Aviation Hall of Fame....................................................................! Golf Hall of Fame ...........................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

49,511.966 43,693,167 12,822,918
369,633 322,960 1,747,682 17,025,849 3,273,100 2,825,869 2,242,890 11,737,750
0 2,750,000
11,400,000
565,000 56,559,700
896,550 22,000,000
250,000 35,000 48,500 75,000 190,641,568 49,511,966

Departmental 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 State Office of Administrative
Hearings Total

$

1,414,763

!

14,152,170

!

12,670,694

$

505,789

$

2,903,568

$

559,815

!

18,520,896

$

43,074,138

!

4,242,399

!

77,489,742

!

7,025,210

$

2,350,042

$

1,268,165

$

2,645,168

$

472,143

$

0

$

945,464

!

401,402

! 190,641,568

626,881 14,023,658 9,920,694
505,789 2,903,568
0 0 14,048,279 0 5,850,000 0 0 0 250,000 472,143
0 614,552
296.402 49,511,966

B. Budget Unit: Georgia Building Authority, Personal Services........................................... Regular Operating Expenses....................... Travel..............................................................

0 20,693,382 5,070,176
27,000

1338

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases .................. Equipment........................................... Computer Charges.............................. Real Estate Rentals ........................... Telecommunications.......................... Per Diem, Fees and Contracts......... Capital Outlay.................................... Utilities................................................ Contractual Expense.......................... Facilities Renovations and Repairs. Total Funds Budgeted....................... State Funds Budgeted.......................

359,000 321,850 124,100 15,071 188,513 255,000 11,400,000 9,000,000 80,000
0 47,534,092
0

Departmental Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,581,249

$

5,638,802

$

4,640,092

$

6,667,136

$

380,794

!

4,005,645

$

24,620,374

$

0

$

0

$

47,534,092

Section 5. 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 6. 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

36,690,415 31,244,822 4,530,070
959,114 626,192 447,575 450,000 814,475 412,585 990,107 946,000

WEDNESDAY, MARCH 1, 1995

1339

Veterinary Laboratories................................... Poultry Veterinary Diagnostic Laboratories
in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe........................................................ 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.........................................

2,591,940
2,535,464 412,000 100,000 175,000
690,000 250,000
0 0
40,000 0
48,215,344 36,690,415

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

8,076,365 15,290,275 6,658,092 6,348,759 3,311,215 7,948,423
582,215 48,215,344

7,295,365 12,342,283 2,983,092 6,079,259 3,181,515 4,808,901
0 36,690,415

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....................................................................!

0 851,650 173,980
5,500 12,700 35,150 5,000
0 7,500 9,500 140,000 109.500 1,350,480
0

Section 7. Department of Banking and Finance. Budget Unit: Department of Banking
and Finance .............................................................$ Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges........................................................................,..!

8,995,098 7,309,313
466,380 399,855 78,955
6,800 312,033

1340

JOURNAL OF THE HOUSE,

Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

327,850 78,912 15.000 8,995,098 8,995,098

Section 8. 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....................................................................!

122,950.139 71,841,395 5,874,098
888,410 293,990 366,816 252,275 1,665,965 900,584 5,245,100 2,200,294 562,330 3,490,495 20,183,332 13,168,930
0 126,934,014 122,950,139

Departmental Functional Budgets

Total Funds

State Funds

Regional Youth Development Cen ters 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

28,075,382 12,490,657 9,027,722 5,514,022 5,244,786 14,912,549 2,368,857
460,171 996,704 35,031,666
947,119 655,388 7,387,949 3,821,042 126,934,014

!

27,043,382

!

11,946,757

!

8,470,053

!

5,266,524

!

4,979,005

!

14,765,745

!

2,368,857

!

460,171

!

996,704

!

34,231,443

!

947,119

!

655,388

!

7,387,949

!

3,431.042

! 122,950,139

Section 9. Department of Community Affairs. Budget Unit: Department of Community Affairs........
Personal Services......................................................... Regular Operating Expenses..................................... Travel ............................................................................ Motor Vehicle Purchases ........................................... Equipment.................................................................... Computer Charges....................................................... Real Estate Rentals....................................................

31,809,193 5,812,448
334,240 170,205
0 7,180 120,005 513,430

WEDNESDAY, MARCH 1, 1995

1341

Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ ARC Revolving Loan Fund ...........................................................? 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.............................................................? Business Flood Disaster Recovery Program ...............................? E2/EC Administration....................................................................? Capital Felony Expenses................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

49,090 217,000
0
2,272,825 4,391,489
97,100
30,000,000
250,000
757,835 126,790 750,000 4,625,000
9,607,000
2,018,045
1,000,000
750,000
210,000 0
225,000 0
64,304,682 31,809,193

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

27,810,259
3,783,039
32,711.384 64,304,682

?

26,536,192

?

3,610,033

?

1,662,968

?

31,809,193

Section 10. Department of Corrections. A. Budget Unit: Administration, Institutions
and Probation..........................................................? Personal Services.............................................................................? Regular Operating Expenses............................................,............? Travel................................................................................................? Motor Vehicle Purchases...............................................................? Equipment........................................................................................? Computer Charges...........................................................................? Real Estate Rentals........................................................................? Telecommunications.......................................................................? Per Diem, Fees and Contracts......................................................? Capital Outlay.................................................................................? Utilities.............................................................................................?

665,661,068 459,181,696 56,132,672
2,119,500 3,086,200 2,859,645 5,530,990 7,560,201 6,930,550 7,906,429
234,450 22,530,660

1342

JOURNAL OF THE HOUSE,

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 - College
of Veterinary Medicine Contracts ............................................$ Minor Construction Fund ..............................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Funding.................................................................! Georgia Correctional Industries....................................................! State Funds Budgeted....................................................................!

1,100,000 16,893,100
5,370,000 0
1,152,000 4,059,700
1,376,000
461,160 1,300,000 67,106,416
63,420
352,357 734,000 674,041,146 450,000
0 665,661,068

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

76,816,331 488,845,157 108,379,658 674,041,146

75,061,921 485,587,664 105.011.483 665,661,068

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....................................................................!

40,128,123 31,827,315
1,560,147 587,000 190,000 271,000 313,200
2,634,111 951,700
1,118,650 650,000 25,000
40,128,123 40,128,123

Section 11. Department of Defense. Budget Unit: Department of Defense................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

4,778,403 9,105,695 6,794,215
29,375 15,791 28,840 11,125
24,400
40,825 456,000
0 16,506,266 4,778,403

WEDNESDAY, MARCH 1, 1995

1343

Departmental Functional Budgets

Total Funds

State Funds

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

1,389,548 5,069,956 10,046,762 16,506,266

1,255,944 323,773
3,198,686 4,778,403

Section 12. 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 Low-Income Families.........................................................................................? Retirement (H.B. 272 and H.B. 1321).........................................? Instructional Services for the Handicapped...............................? Tuition for the Multi-Handicapped.............................................? Severely Emotionally Disturbed...................................................? School Lunch (Federal)..................................................................? School Lunch (State)......................................................................? Supervision and Assessment of Students and

3,552,910.300
35,662,253 5,568,020 1,145,152
139,665 341,214 7,792,978 1,514,966 1,280,329 17,237,007 962,485
0
827,651,524 779,316,673 296,732,910 180,409,249 111,169,887 329,549,291 48,746,103 73,351,312
32,199,664 95,532,367 626,408,894 136,815,917 (658,824,689)
0 0
160,777,464 3,609,604 22,166,686 69,091,100 68,702,696 483,628
143,999,894 5,173,750 54,732,103 1,896,312 39,621,548
188,375,722 26,798,985

1344

JOURNAL OF THE HOUSE,

Beginning Teachers and Performance-Based Certification..............................................! Regional Education Service Agencies ..........................................$ Georgia Learning Resources System ............................................$ High School Program .....................................................................$ Special Education in State Institutions.......................................! Governor's Scholarships.................................................................! Counselors........................................................................................! Vocational Research and Curriculum ..........................................$ Even Start ........................................................................................$ Salaries and Travel of Public Librarians ....................................$ Public Library Materials................................................................! Talking Book Centers.....................................................................! Public Library M & O....................................................................! Child Care Lunch Program (Federal)..........................................! Chapter II - Block Grant Flow Through.....................................! Payment of Federal Funds to Board of Technical and Adult Education................................................! Education of Homeless Children/Youth......................................! Innovative Programs.......................................................................! Next Generation School Grants....................................................! Limited English-Speaking Students Program............................! Drug Free School (Federal) ...........................................................$ At Risk Summer School Program ................................................$ Emergency Immigrant Education Program ................................$ Title II Math/Science Grant (Federal)........................................! Robert C. Byrd Scholarship (Federal).........................................! Health Insurance - Non-Cert. Personnel and Retired Teachers...............................................! Pre-School Handicapped Program...............................................! Mentor Teachers.............................................................................! Nutrition Education.......................................................................! Advanced Placement Exams .........................................................$ Serve America Program .................................................................$ Family Connection Grants.............................................................! Youth Apprenticeship Grants.......................................................! Remedial Summer School..............................................................! Alternative Programs......................................................................! Superintendent's Base Salary.......................................................! Environmental Science Grants......................................................! Pay for Performance.......................................................................! Technology Specialist.....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

2,005,097 9,954,514 3,528,045 22,527,731 4,782,130 2,818,424 6,661,809
293,520 2,720,906 11,453,167 5,719,142
992,239 4,039,395 25,244,070 9,663,513
14,395,919 601,772
1,690,215 2,443,700 10,876,940 11,625,943 4,000,000
164,514 5,042,895
273,723
99,047,892 14,199,935 1,250,000
0 1,842,422
382,597 0
4,340,000 1,875,664 12,126,442
0 100,000 3,400,000 16,152,790 4,054,369,728 340,000 3,552,910,300

Departmental 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

6,356,614 22,634,931
1,243,947 17,497,955
6,436,607
902,314 3,983,075,659
5,192,239

5,554,591 17,988,704
1,159,121 13,257,344 3,062,640
902,314 3,495,552,205
4,949,611

WEDNESDAY, MARCH 1, 1995

1345

Georgia School for the Deaf Atlanta Area School for the Deaf Total

5,971,310 5,058,152 4,054,369,728

5,742,214 4,741.556 3,552,910,300

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 ............................................................$ Capital Outlay .................................................................................$ Post Secondary Options .................................................................$ Learning Logic Sites.......................................................................$ Media Center/Library Equipment................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

172,906.245 157,646,245
0 500,000
0 5,000,000
900,000 0 0
4,500,000 1,200,000 1,000,000 2,160.000 172,906,245 172,906,245

Section 13. Employees' Retirement System. Budget Unit: Employees' Retirement System ..................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Benefits to Retirees........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

0 1,707,266
342,000 20,500
0 20,608 564,140 302,000 24,714 1,167,000
0 4,148,228
0

Section 14. Forestry Commission. Budget Unit: Forestry Commission....................................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Ware County Grant ........................................................................$ Ware County Grant for Southern
Forest World................................................................................! Ware County Grant for Road Maintenance ...............................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

35.606,850 29,144,640 5,931,099
159,937 1,313,670 1,707,312
416,000 54,764 928,106 486,831 0
30,000 60,000 241.752 40,474,111 35,606,850

Departmental Functional Budgets

Total Funds

State Funds

Reforestation

1,750,884

1346

JOURNAL OF THE HOUSE,

Field Services General Administration and Sup port Total

34,623,292
4,099,935 40,474,111

31,675,070
3,931.780 35,606,850

Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ...........
Personal Services........................................................ Regular Operating Expenses ....................................
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges.......... .................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Evidence Purchased........................................................................! Capital Outlay.................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

43,798,260 32,343,020 3,944,901
516,500 785,252 1,250,813 753,500 1,982,948 884,380 827,946 509,000
0 43,798,260 43,798,260

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

3,733,556 23,614,253 7,049,171 9,401,280 43,798,260

3,733,556 23,614,253 7,049,171 9,401,280 43,798,260

Section 16. 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.....................................................! 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....................................................................!

30.882.123 14,722,143
974,107 296,284
0 100,946 672,827 1,019,100 372,318 5,086,177 3,466,700 40,000 3,500,000 165,000 4,000,000 372,960 130,600
0 290,975 1,189,700 100,000 684,400 1,085,968
0 60.000 38,330,205 30,882,123

WEDNESDAY, MARCH 1, 1995

Departmental Functional Budgets

Total Funds

Governor's Office Office of Fair Employment
Practices Office of Planning and Budget Council for the Arts Office of Consumer Affairs 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

7,171,700
963,622 7,614,164 5,326,599 2,681,431
354,823
571,906
1,339,319
1,895,338 310,281
4,734,513
5,149,536
216.973 38,330,205

Section 17. Department of Human Resources. A. Budget Unit: Departmental Operations.................... 1. General Administration and Support Budget:
Personal Services......................................................... Regular Operating Expenses..................................... Travel ............................................................................ Motor Vehicle Purchases ........................................... Equipment.................................................................... Real Estate Rentals.................................................... Per Diem, Fees and Contracts .................................. Computer Charges....................................................... Telecommunications ................................................... Special Purpose Contracts ......................................... Service Benefits for Children.................................... Purchase of Service Contracts .................................. Institutional Repairs and Maintenance ...................

Payments to DMA-Community CareTotal Funds Budgeted........................... Indirect DOAS Services Funding........ State Funds Budgeted...........................

Departmental Functional Budgets

Total Funds

Commissioner's Office Budget Administration Office of Children and Youth Administrative Support Services Facilities Management Administrative Appeals Regulatory Services - Program

6,407,445 2,041,784 46,878,658 20,141,084 5,590,794 1,994,877

1347

State Funds
7,171,700
805,622 7,614,164 4,540,499 2,681,431
87,397
571,906
400,000
542,338 310,281 4,734,513
1,205,299
216,973 30,882,123
699,526.189
50,993,423 2,271,923 1,372,316 1,691,555
96,548 4,878,258 6,366,179 1,381,559
691,236 244,000 46,878,658 35,867,143 73,440 1,002,368 16,639,637 170,448,243 412,600 108,675,091

State Funds

$

5,750,246

$

2,041,784

$

34,994,603

$

18,497,930

$

4,336,798

$

1,994,877

1348

JOURNAL OF THE HOUSE,

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

1,168,102 2,918,957 9,302,193 6,099,369 5,992,692 1,799,149 1,754,031
0 510,671 56,164,803 1.683,634 170,448,243

1,158,102 2,918,957 3,891,430 2,256,767 5,792,692 1,799,149 1,754,031 (8,182,760)
510,671 27,556,180 1,603.634 108,675,091

2. Public Health Budget: Personal Services............................................................................-! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Crippled Children's Benefits.........................................................! Kidney Disease Benefits ................................................................$ Cancer Control Benefits................................................................-! Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants........................................................................! Family Planning Benefits ..............................................................$ Crippled Children's Clinics............................................................! Special Purpose Contracts.............................................................! Purchase of Service Contracts ......................................................$ Grant-In-Aid to Counties...............................................................! Institutional Repairs and Maintenance.......................................! Postage..............................................................................................! Grants for Regional Maternal and Infant Care ...........................................................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

52,203,061 77,733,818
936,970 0
94,005 1,465,103 5,172,215
957,350 1,060,726
0 315,247 4,007,000
0 656,222
0 682,869 11,847,311 114,791,445 34,500 144,846
845.769 272,948,457
549,718 145,854,572

Departmental Functional Budgets

Total Funds

State Funds

District Health Administration Newborn Follow-Up Care Dental Health Stroke and Heart Attack Prevention Sickle Cell, Vision and Hearing High-Risk Pregnant Women
and Infants Sexually Transmitted Diseases Family Planning Malnutrition Grant in Aid to Counties Children's Medical Services Emergency Health

$

11,862,845

!

1,252,323

!

1,411,868

$

2,173,168

$

4,249,168

!

5,450,300

$

2,518,467

$

10,008,584

$

81,967,416

!

59,014,117

!

13,658,285

$

2,912,987

$

11,733,170

$

1,006,794

$

1,201,693

$

1,643,168

$

3,852,866

$

5,338,300

$

119,823

$

5,368,003

$

0

$

58,158,117

$

6,829,142

$

1,856,439

WEDNESDAY, MARCH 1, 1995

Primary Health Care Epidemiology Immunization Community Tuberculosis Control Maternal and Child Health
Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Drug and Clinic Supplies Adolescent Health Public Health - Planning Councils Early Intervention Public Health - Division
Indirect Cost Total

$

1,854,625

$

481,675

$

963,892

$

6,404,496

$

1,078,339

$

1,344,058

$

2,010,250

$

1,038,399

$

526,641

$

4,955,830

$

1,039,424

$

0

$

1,867,597

$

1,832,172

$

1,634,356

$

845,190

$

5,444,988

$

4,040,272

$

399,814

$

8,540,843

$

11,040,507

$

3,316,626

$

3,137,690

$

172,906

$

12,498,339

$

0

$ 272,948,457

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 ..............................

Departmental Functional Budgets

Total Funds

District Field Services Independent Living Sheltered Employment Community Facilities

$

46,510,207

$

929,449

$

1,699,671

$

8,619,483

1349

$

1,714,079

$

342,959

$

17,244

$

5,151,434

$$

755,243 497,471

$

868,047

$

1,038,399

$$

526,641 4,955,830

$

842,199

$

0

$

1,775,382

$

1,602,493

$

1,411,538

$

669,097

$

5,324,988

$

1,531,656

$

220,365

$

4,599,246

$

1,202,280

$

2,560,006

$

2,076,930

$

155,409

$

10,443,839

$ (1,535,718) $ 145,854,572

70,890,801 11,853,178 1,128,611
83,000 623,318 4,393,810 8,146,569 2,285,247 1,577,417 25,005,093 28,505 713,163 9,889,323 215,000 937,269 814,786 138,585,090 100,000 23,396,420

State Funds

$

10,023,969

$

633,144

$

813,808

$

3,431,010

1350

JOURNAL OF THE HOUSE,

State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

6,686,919 809,166
4,080,834 722,458
33,575,336 12,369,385 22,582,182 138,585,090

$

1,424,314

$

0

$

1,291,894

$

722,458

$

0

$

799,795

$

4.256.028

$

23,396,420

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....................................................................$
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 ....................

42,624,981 4,428,724
935,207 0
373,073
2,855,264 19,404,509 27,502,682 9,651,530 1,970,365 452,948,978 4,974,195 204,036,269 15,505,266 4,637,256
277.969,471 1,069,817,770
2,565,582 421,600,106

Departmental Functional Budgets

Total Funds

State Funds

Director's Office Social Services Administrative Support Quality Assurance Community Services Field Management Human Resources Management Public Assistance Child Support Recovery AFDC Payments SSI - Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations -
Eligibility County DFACS Operations -
Social Services Food Stamp Issuance County DFACS Operations -
Homemakers Services County DFACS Operations -
Joint and Administration County DFACS Operations -
Employability Program

$

512,448

4,149,900

6,439,452

3,752,470

12,152,899

1,120,918

2,030,684

31,590,706

58,981,222

441,109,858

100

2,799,420

9,893,600

110,943,023

85,849,280 3,190,752

7,820,835

60,646,168

12,710,165

$

512,448

$

3,754,707

$

5,215,078

$

3,752,470

$

916,674

$

1,120,918

$

1,841,062

$

13,952,280

$

4,587,089

$ 167,709,968

$

100

$

0

$

0

$

55,404,943

$

30,763,715

$

0

$

2,389,908

$

30,880,304

$

4,832,405

WEDNESDAY, MARCH 1, 1995

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 Indirect Cost Total

29,476,946 3,190,503 36,521,456 10,625,850 2,339,602 10,978,269 11,544,785 105,227,651
156,620 2,091,823 1,970,365
0 1,069,817,770

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.............................................................................! Operating Expenses........................................................................! Motor Vehicle Equipment Purchases..........................................! Utilities.............................................................................................!
Major Maintenance and Construction.........................................! Community Services.......................................................................! Total Funds Budgeted....................................................................!
Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

1351
11,949,177 2,420,990 24,435,295 8,329,504 2,117,103 8,237,408 7,408,642 32,696,098
156,620 2,067,591 1,970,365 (7,822.756) 421,600,106
216,712,266 96,287,643 4,373,104
1,774,555 1,186,944 13,592,435 39,089,472 32,126,838 12,980,909
0 315,247 4,007,000
0 656,222 25,005,093 28,505
0 1,970,365 452,948,978 6,614,227 250,914,927 73,109,043 114,791,445
322,940 937,269 6,599,256 16,639,637 845,769 277,969,471
488,859.039 358,901,915 61,001,240
847,000 12,292,571 1,996,190 266,233.554 701,272,470 2,404,100 488,859,039

1352

JOURNAL OF THE HOUSE,

Departmental 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 Regional Hospital Outdoor Therapeutic Programs Metro Drug Abuse Centers Community Mental Health Services Community Mental Retardation
Services Community Substance Abuse
Services State Administration Regional Administration Total

39,993,407 32,658,652 27,042,253
21,898,566
28,407,946
29,194,301 143,687,314
19,040,842
50,665,263 19,473,699 3,782,549 1,582,780 120,972,648
100,056,418
49,677,957 9,907,708 3,230,167 701,272,470

$

24,878,137

$

13,949,324

$

25,124,451

$

20,011,674

$

20,945,211

$

24,639,310

$

84,423,387

$

17,359,521

$

21,341,727

$

16,687,460

$

2,873,614

$

1,387,280

$ 114,738,681

$

63,741,512

$

27,004,469

$

6,523,114

$

3.230.167

$ 488,859,039

Section 18. Department of Industry, Trade and Tourism.
Budget Unit: Department of Industry, Trade and Tourism ................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment................ ........................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Local Welcome Center Contracts .................................................$ Marketing.............. ...........................................................................$ Georgia Ports Authority Lease Rentals.......................................$ Foreign Currency Reserve..............................................................$ Waterway Development in Georgia..............................................$ Lanier Regional Watershed Commission.....................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

25.759,657 9,266,284 1,669,045
375,000 59,978 156,572 166,710 1,053,415 310,000 1,263,178 176,600 10,859,580 1,240,000 43,095 50,000
0 26,689,457 25,759,657

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade

15,106,240 4,895,599 1,694,389

!

14,486,440

!

4,795,599

!

1,694,389

WEDNESDAY, MARCH 1, 1995

1353

Tourism Total

$

4.993,229

$

26,689,457

$

4,783.229

$

25,759,657

Section 19. 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....................................................................!

15,399,209 13,625,650
722,723 401,560 113,850 66,880 442,990 806,814 317,300 208,242
0 16,706,009 15,399,209

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and
Mobile Home Regulations Total

$

4,190,247

$

6,671,163

$

540,093

$

5,304,506

$

16,706,009

$

4,190,247

$

6,671,163

$

540,093

$

3,997,706

$

15,399,209

Section 20. Department of Labor. Budget Unit: Department of Labor....................................................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts (JTPA)........................................$ Per Diem, Fees and Contracts ......................................................$ W.I.N. Grants..................................................................................! Payments to State Treasury..........................................................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

7,925,959 68,138,958 7,424,929 1,346,137
0 844,965 7,151,101 2,150,518 1,343,288 66,500,000 3,164,280
0 1,774,079 3.685,000 163,523,255 7,925,959

Departmental Functional Budgets

Total Funds

State Funds

Executive Offices/Administrative Services
Employment and Training Services
Total

$

29,100,084

$ 134,423,171 $ 163,523,255

$

5,421,641

$

2,504,318

$

7,925,959

Section 21. Department of Law. Budget Unit: Department of Law.......................................................$
Personal Services.............................................................................!

11.165,735 10,061,003

1354

JOURNAL OF THE HOUSE,

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....................................................................!

609,477 129,250
0 55,000 375,633 492,626 141,686 60,000 147,000 12,071,675 11,165,735

Section 22. 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 1995 Medicaid Benefits, Penalties
and Disallowances.......................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

1,200,901,558 14,516,459 4,937,733 188,400 0 39,500 27,341,065 885,000 425,000 66,926,024
3,332,013,243 772,500
3,448,044,924 1,200,901,558

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Benefits, Penalties and
Disallowances Long Term Care Systems Management Professional Services Maternal and Child Health Financial and Hospital
Reimbursement Nursing Home Reimbursement Managed Care Legal and Regulatory Total

!

60,041,908

! 3,332,013,243

!

1,259,211

!

33,326,976

!

2,331,319

!

1,046,308

!

4,914,710

!

6,329,237

!

1,725,946

!

5.056.066

! 3,448,044,924

!

2,287,470

! 1,177,507,027

!

453,498

!

10,312,656

!

995,004

!

439,449

!

2,420,877

!

3,164,618

!

792,926

$

2,528.033

! 1,200,901,558

B. Budget Unit: Indigent Trust Fund................................................$ Per Diem, Fees and Contracts......................................................! Benefits.............................................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

146,300,000 7,860,216
377,139,784 385,000,000 146,300,000

Section 23. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel
Administration ........................................................$ Personal Services.............................................................................!

0 8,299,213

WEDNESDAY, MARCH 1, 1995

1355

Regular Operating Expenses .
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 Budgeted....................................................................!

1,885,130 88,512 14,161 921,758
159,320,065 3,275,673 419,923
858,178,798 1,032,403,233
138,587 11,689,697 1,020,423,427
151,522 0

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office Applicant Services Classification and Compensation Flexible Benefits Employee Training and
Development Health Insurance Administration Accounting and Audits Administration and Systems Total

3,002,794 2,542,136 1,326,730 1,296,882
1,292,742 1,019,519,765
904,709 2,517,475 1,032,403,233

Section 24. Department of Natural Resources. A. Budget Unit: Department of Natural
Resources..................................................................! Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel.................................................................,..............................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Authority Lease Rentals ................................................................$ Advertising and Promotion............................................................! Cost of Material for Resale ...........................................................$ Capital Outlay: New Construction.............................,..............................................! Repairs and Maintenance ..............................................................$ Land Acquisition Support .............................................................$ Wildlife Management Area Land Acquisition............................! Shop Stock - Parks.........................................................................! User Fee Enhancements.................................................................! Buoy Maintenance..........................................................................! Waterfowl Habitat..........................................................................! Paving at State Parks and Historic Sites....................................! Grants: Land and Water Conservation......................................................! Georgia Heritage 2000 Grants.......................................................! Recreation.........................................................................................!

89,699.317 70,264,138 15,180,717
533,933 2,469,914 2,519,711 2,478,106 3,135,758
860,763 1,241,524
40,000 200,000 2,645,300
703,810 2,669,500
225,000 800,000 350,000 1,300,000 35,000
0 500,000
800,000 270,000 500,000

1356

JOURNAL OF THE HOUSE,

Contracts: Paralympic Games ..........................................................................$ Technical Assistance Contract ......................................................$ Corps of Engineers (Cold Water Creek State Park)........................................................................$ Georgia State Games Commission................................................$ U. S. Geological Survey for Ground Water Resources ...........................................................$ U. S. Geological Survey for Topographic Mapping ................................................................$ Payments to Civil War Commission ............................................$ 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....................................................................!

100,000 106,513
170,047 277,259
300,000
0 31,000 11,512,235 5,276,344
2,236,324 100,000 7,000
129,839,896
888,185
3,809,517
2,663,931
1,422,256 200,000
89,699,317

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Program Support Historic Preservation Parks, Recreation and Historic
Sites Coastal Resources Wildlife Resources Environmental Protection Pollution Prevention Program Total

3,584,588 2,500,080 2,039,119
40,522,127 2,386,019 34,408,927 43,179,361 1,219,675 129,839,896

3,584,588 2,500,080 1,549,119
15,414,661 2,265,510 29,664,506 33,501,178 1.219.675 89,699,317

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 2,236,600 1,774,578
21,059 12,000 85,000 15,000
0 38,000 645,000
0 4,827,237
0

WEDNESDAY, MARCH 1, 1995

1357

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition

$

4,827,237

Section 25. 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 .................................................................................$ Conviction Reports ....................................................,....................$ Total Funds Budgeted....................................................................! Indirect DOAS Service Funding...................................................? State Funds Budgeted...................................................................-!

96,635,225
58,234,622
7,838,000
145,742 4,435,930
605,752 3,701,067
23,116 1,418,147
499,086 150,000
0 3,500 77,054,962 1,650,000 75,404,962

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

16,632,513 1,751,262
25,800 0
119,077 137,000 53,108 628,853 62,500
0 300,150
30,000 1,490.000 21,230,263
0 21,230,263

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,487,110 21,230,263 55,567,852 98,285,225

19,987,110 21,230,263 55,417.852 96,635,225

B. Budget Unit: Units Attached for Administrative Purposes Only...................................
Attached Units Budget: Personal Services....................................................... Regular Operating Expenses................................... Travel..........................................................................

14,378.379
9,998,360 2,971,186
132,300

1358

JOURNAL OF THE HOUSE,

Motor Vehicle Purchases ...............................................................$ Equipment......................... ...............................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Highway Safety Grants ..................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

72,536 227,278 210,962 329,001 204,071 730,260 2,623,660 932,505
0 18,432,119 14,378,379

Departmental 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

3,231,733
435,791 1,084,659 1,183,037
5,662,303
6,834,596 18,432,119

!

307,993

!

435,791

!

1,014,659

!

1,073,037

!

5,662,303

!

5,884,596

!

14,378,379

Section 26. 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....................................................................!

13,315,000
575,000 12,740,000 13,315,000 13,315,000

Section 27. 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....................................................................!

8,601,529 6,845,767
529,000 256,756 103,000 44,621 425,899 331,039 134,962 1,840.000 10,511,044 8,601,529

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

!

1,874,008

!

3,449,649

!

5,187,387

!

10,511,044

!

1,874,008

!

1,740,348

!

4,987,173

!

8,601,529

Section 28. Board of Regents, University

WEDNESDAY, MARCH 1, 1995
System of Georgia. A. Budget Unit: Resident Instruction ................................................$ Personal Services:
Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Operating Expenses: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................! Special Funding Initiative .............................................................$ Office of Minority Business Enterprise.......................................! Special Desegregation Programs...................................................! Forestry Research............................................................................! Research Consortium..........................................,...........................! Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!
B. Budget Unit: Regents Central Office and Other Organized Activities................................................!
Personal Services: Educ., Gen., and Dept. Svcs..........................................................$ Sponsored Operations.....................................................................!
Operating Expenses: Educ., Gen., and Dept. Svcs ..........................................................$ Sponsored Operations..................................................,..................! Fire Ant and Environmental Toxicology Research........................................................................................! Agricultural Research.....................................................................! Advanced Technology Development Center...............................! Capitation Contracts for Family Practice Residency......................................................................! Residency Capitation Grants.........................................................! Student Preceptorships ..................................................................$ Mercer Medical School Grant.......................................................! Morehouse School of Medicine Grant .........................................$ Capital Outlay.................................................................................! Center for Rehabilitation Technology .........................................$ SREB Payments..............................................................................! Medical Scholarships......................................................................! Regents Opportunity Grants.........................................................! Regents Scholarships............................................................,.........! Rental Payments to Georgia Military College............................! CRT Inc. Contract at Georgia Tech Research Institute.......................................................................! Direct Payments to the Georgia Public Telecommunications Commission for Operations..............................................................................! Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

1359
1,083.017,263
1,157,359,143 202,917,763
289,583,286 145,787,679 15,314,094
1,134,628 364,360 362,508
5,000,000 0
1,817,823,461 42,000,000 348,705,442 341,073,456 3,027,300
1,083,017,263
169,691,443
262,037,404 69,874,000
126,698,928 38,184,000
0 2,342,532 1,979,060
3,548,759 2,484,870
146,400 6,619,012 5,549,778
35,000 2,072,196 5,397,800 1,347,852
600,000 200,000 1,034,952
219,372
14,103.486 544,475,401
0 109,330,000 264,898,258
555,700 169,691,443

1360

JOURNAL OF THE HOUSE,

Regents Central Office and Other Organized Activities

Total Funds

State Funds

Marine Resources Extension Center Skidaway Institute of Oceanography Marine Institute Georgia Tech Research Institute Education Extension Services Agricultural Experiment Station Cooperative Extension Service Medical College of Georgia
Hospital and Clinics Veterinary Medicine Experiment
Station Veterinary Medicine Teaching
Hospital Joint Board of Family Practice Georgia Radiation Therapy Center Athens and Tifton Veterinary
Laboratories Regents Central Office Office of Technology Policy Total

1,962,984 3,923,849 1,388,994 116,646,291 10,733,002 57,036,775 47,836,216
245,207,899
2,731,531
2,746,641 24,340,701 2,920,000
3,121,122 23,524,796
354,600 544,475,401

1,345,184 I,532,120
988,994 13,623,799 2,547,910 36,448,122 30,023,899
31,697,885
2,731,531
512,595 24,340,701
0
121,122 23,422,981
354,600 169,691,443

C. Budget Unit: Georgia Public Telecommunications Commission..............................................................$
Personal Services.............................................................................! Operating Expenses ........................................................................$ Total Funds Budgeted....................................................................$ Other Funds.....................................................................................$ State Funds Budgeted....................................................................!

0 8,173,691 14,858,307 23,031,998 23,031,998
0

D. Budget Unit: Lottery for Education .............................................$ Equipment, Technology and Construction Trust Fund ...................................................................................$ Capital Outlay - Georgia Military College...........................................................................................!
Capital Outlay - Georgia College..................................................! Georgia Research Alliance .............................................................$ Capital Outlay - Albany State College ........................................$ Capital Outlay - State Library and Museum .............................$ Special Funding Initiatives............................................................! Mercer Medical School
Grant - Equipment.....................................................................! Morehouse School of Medicine
Grant - Equipment.....................................................................! Capital Outlay.................................................................................! Capital Outlay - Agricultural
Experiment Stations...................................................................! Total Funds Budgeted....................................................................! Lottery Funds Budgeted................................................................!

87,871,000
17,840,000
4,000,000 300,000
26,917,000 II,600,000 4,200,000 12,514,000
2,000,000
2,000,000 5,000,000
1.500.000 87,871,000 87,871,000

Section 29. Department of Revenue. Budget Unit: Department of Revenue...............................................!
Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Travel................................................................................................!

93.763,900 56,119,945 5,516,320 1,382,540

WEDNESDAY, MARCH 1, 1995

Motor Vehicle Purchases .................................. Equipment........................................................... Computer Charges.............................................. Real Estate Rentals........................................... Telecommunications .......................................... Per Diem, Fees and Contracts ......................... County Tax Officials/Retirement and FICA. Grants to Counties/Appraisal Staff................. Motor Vehicle Tags and Decals....................... Postage................................................................. Total Funds Budgeted....................................... Indirect DOAS Services Funding .................... State Funds Budgeted.......................................

Departmental Functional Budgets

Total 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

6,946,888 11,681,867 9,554,362 17,960,373 7,842,694 24,566,817 7,441,532 4,411,009 4,103,219
46,000 3,910,009 98,464,770

Section 30. 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.................

Departmental Functional Budgets

Total Funds

Internal Administration Archives and Records Business Services and Regulation Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission Total

3,575,623 5,032,974 4,937,476 4,075,610 1,114,223
376,628 9,913,872
70,000 29,096,406

1361
195,470 700,220 14,312,520 2,830,695 2,867,385 575,300 3,628,215
0 6,458,350 3,877,810 98,464,770 3,845,000 93,763,900
State Funds
6,946,888 11,481,867 8,739,162 17,660,373 7,142,694 23,266,817 7,441,532 3,355,139 3,773,419
46,000 3,910,009 93,763,900
28,051,406 16,826,671 3,973,431
243,800 105,510 93,840 2,423,793 2,462,246 957,367 1,309,748 700,000 29,096,406 28,051,406
State Funds
3,545,623 4,957,974 4,167,476 4,055,610 1,114,223
376,628 9,763,872
70,000 28,051,406

1362

JOURNAL OF THE HOUSE,

B. Budget Unit: Real Estate Commission .........................................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel ................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!
Departmental Functional Budgets

State Funds

Real Estate Commission

2,113,632

Section 31. 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....................................................................!

Section 32. 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....................................................................!

2,113,632 1,230,673
157,100 15,000 23,000 10,631 335,622 165,300 41,556 134,750 2,113,632 2,113,632
Cost of Operations
2,153,632
2.153,907 1,026,011
210,954 40,520 27,450 11,910 9,000 90,591 19,090 486,842 400,000 2,322,368 2,153,907
30.749.184 5,071,850
602,250 101,800
0 20,500 245,180 44,800 236,750 208,690
0 4,076,000 22,304,520 5,003,940
38,000 70,000 100,000 680,000 390,000 39,194,280 30,749,184

WEDNESDAY, MARCH 1, 1995

1363

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Higher Education Assistance
Corporation Georgia Student Finance Authority Georgia Nonpublic Postsecondary
Education Commission
Total

5,547,664
0 32,662,460
984,156 39,194,280

0 30,224,718
524,466 30,749,184

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 ..........................................................................$ Teacher Scholarships ......................................................................$ Promise Scholarships......................................................................$ Total Funds Budgeted.......................,............................................! Lottery Funds Budgeted................................................................!

120.530,611 53,645,561 14,417,200 7,906,850 31,125,000
336,000 100,000 10,000,000 3,000,000 120,530,611 120,530,611

Section 33. 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....................................................................!

4,075,000 4,178,685
392,000
30,000
0
13,100 1,045,542
469,750 91,617 401,000 3,650,000 425,000 10,696,694 4,075,000

Section 34. 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.............................................................................!

160,130,321 3,980,860 413,225 120,500 0 15,000 837,200 365,610 195,000 510,000
109,082,462 22,447,798
0 6,544,505 28,727,650 2,785,175

1364

JOURNAL OF THE HOUSE,

Adult Literacy Grants ....................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................!

17,685,945 193,710,930 160,130,321

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

$

6,437,395

$ 187,273.535

$ 193,710,930

!

4,508,718

! 155.621,603

! 160,130,321

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................................................................!

39,248,713
1,000,000
31,363,460 6,885,253
0 39,248,713

Section 35. 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.....................................................! Contracts with the Georgia Rail
Passenger Authority....................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

456,404,006 249,983,559 59,750,505
1,626,000 2,296,000 7,386,306 4,947,700 1,317,373 2,384,080 45,394,107 710,563,946
1,024,100 1,267,500 10,040,006
765,000
105,000 1,098,851,182
456,404,006

Departmental Functional Budgets

Motor Fuel Tax Budget

Total Funds

State Funds

Planning and Construction Maintenance and Betterments Facilities and Equipment Administration Total

! 801,224,056

! 237,740,337

!

14,953,830

!

24,250.996

! 1,078,169,219

! 180,579,837

! 226,400,337

!

14,393,830

!

23.625.996

! 445,000,000

General Funds Budget

Paving at State and Local Schools and State Institutions
Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal

0 1,424,384 18,492,579

0 1,037,384 9,601,622

WEDNESDAY, MARCH 1, 1995

1365

Waterways Activities Total

?

765,000

$

20,681,963

$

765,000

$

11,404,006

Section 36. 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....................................................................?

23.664.963 4,808,859
121,700 80,000 19,275 189,500 25,000 242,700 60,200 24,500
17,624,956
7,125,557
648,000 30,970,247 23,664,963

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing Home - Augusta Total

?

5,475,434

$

18,189,256

?

7,305.557

?

30,970,247

?

5,203,934

?

13,355,472

?

5,105,557

?

23,664,963

Section 37. 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....................................................................?

10,233.514 7,793,946
372,074 79,840
0 27,369 250,531 1,053,290 189,290 270,000 387,174 10,423,514 10,233,514

Section 38. 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).......................................................?

297,757,565 70,000,000 367,757,565
51,618,210 0

1366

JOURNAL OF THE HOUSE,

$

51,618,210

Section 39. Provisions Relative to Section 3, Judicial Branch. The appro priations in Section 3 (Judicial) 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 the 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; cost of operating the Court of
Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; 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; cost of operating the Council of Juvenile Court Judges created by Code Section 15-11-4; 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; cost of operating the Judicial Council of the State of Georgia, the Administrative Office of the
Courts, the Board of Court Reporting of the Judicial Council, the Georgia Courts Automa tion Commission and the Office of Dispute Resolution, and for payments to the Council of Magistrate Court Judges, the Council of Probate Court Judges and the Council of State Court Judges.

Section 40. Provisions Relative to Section 9, Department of Community
Affairs. Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by
the General Assembly or pursuant to the Constitution and laws of the state for emergencytype water and sewer projects.
Provided, that from the appropriation made above for "Local Assistance Grants", spe cific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows:

Recipient

Purpose

Amount

City of Vidalia Tift County Gwinnett County Board
of Education Muscogee County
City of Atlanta
Chattooga Valley Regional Library System
City of Columbus City of Graham

Operations of Tourism Program Construction of Mid-Step
Building Installation of Ballfield
Lights at North Gwinnett High School Furniture and Equipment for New Horizons Community Service Board Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University
Purchase of Bookmobile and Delivery Van
Repairs for Springer Opera House
Operations of City of Graham Detention Facility

$

5,000

$ 50,000

$ 50,000

$ 25,000

$ 134,000
$ 105,000 $ 50,000 $ 25,000

WEDNESDAY, MARCH 1, 1995

Berrien County
City of Union Point City of Rome
City of Cave Spring Cobb County
City of Milan
Laurens County Board of Education
Bleckley County Board of Education
Richmond County
Lamar County
City of Atlanta Board of Education
City of Garden City Ware County
City of Porterdale
City of LaGrange
Crisp County Board of Education
Bulloch County
Jenkins County
Lowndes County City of Westville
Worth County Board of Education
Turner County Board of Education
Turner County Board of Education
City of Atlanta
Mitchell County
Wayne County
Irwin County
Muscogee County
Dooly County
Macon County Board

Operations of Berrien County Jail
Law Enforcement Operations Operations of Sara Hightower
Regional Library Operations of Rolator Park Refurbishment and
Restoration of B-29 Operations of Milan
Arts Center Renovate and equip Computer
Room at S.W. Laurens Elementary School Construction of a Classroom Building Restoration and Rehabilitation of President Woodrow Wilson's home in Augusta Installation of Fire Hydrants and water lines Renovation to Capitol View Elementary School Purchase of Fire Truck Reimbursement for Legal Expenses Repairs to the Gym/Civic Center Renovations to Dawson Street School in LaGrange
Construction of Greenhouse Operation of Tree
Life Program Construction of Livestock
Facility Construction of Health Clinic Restoration to the Historic
Well's House Construction of Worth County
Agricultural Pavillion Operation of Turner
County Library
Construction of Bleachers Operations of Comprehensive
Youth Services Construction of High School
Green House Operation of Motherhood
and Beyond Construction of a Livestock
and Community Facility Construction of Tender
Love and Care - Home Byromville Water System
improvements Roof Repairs to

1367

25,000 22,500
5,000 40,000
30,000
25,000

10,000 75,000

$ 20,000 $ 20,000

$$

11,500 10,000

$ 50,000 $ 75,000

$ 25,000

$ 30,000

$

5,000

$ 75,000 $ 50,000

$ 35,000

$ 25,000

$

5,000

$ 20,000

$ 79,489 $ 25,000 $ 30,000 $ 75,000

$ 10,000

$ 10,000

1368
of Education Stephens County Board
of Education City of Lavonia Monroe County
City of Loganville
DeKalb County
City of Dalton
Clayton County Washington County
Washington County
Bibb County Clarke County
Wayne County
Wayne County Armstrong State College
Rockdale County
City of Atlanta Board of Education
City of Kite
Emanuel County Board of Education
City of Savannah
Chattooga County Water Authority
Chattooga County
Laurens County Board of Education
Laurens County Board of Education
Cattoosa County
Hart County
Effingham County Board of Education
Bibb County
Bibb County
Bibb County

JOURNAL OF THE HOUSE,
Industrial Art Building
Operation of Medical Station Water System Improvements Feasibility Study for
Bicycle Trail Purchase of Library
Materials Operations of Brown's Mill
Recreation and Youthbuild Operations of Northwest
Georgia Girl's Home Operation of Worktec Renovations to the T.J.
Elder Community Center Renovations to Technology
Training Facility Preservation of Hay House Renovation to Athens
Airport Terminal Construction of Additional
Facilities for the Recreational Department Renovation to the Courthouse To Operate the Troops to Teachers Program Purchase of Public Library Equipment Operations of Atlanta Writing Resource Center Renovation of City Hall Building Construction of Athletic Complex Repairs for Historic Railroad Shops Water Projects for Rural Chattooga County Purchase of Elderly Calling Equipment Renovation or Construction for Health Classroom Annex Construction of Annex at West Laurens High School Construction of Animal Shelter Construction of Recreational Complex Construction of Effingham Media Centers Operations of Booker T. Washington Community Center Operations of Ruth Hartley Mosley Center for Women Operations of Macon

15,000 25,000 25,000 10,000 15,000 40,000 50,000 125,000 10,000 40,000 75,000
40,000
10,000 15,000 25,000 25,000 20,000 5,000 75,000 40,000 25,000 6,000 75,000 10,000 25,000 45,000 75,000 15,000 50,000

Crawford County City of Quitman City of Quitman Brooks County
Bibb County Hall County Hall County Mitchell County Echols County Board
of Education Clinch County Board
of Education Lanier County Board
of Education Sumter County Brantley County Butts County Glynn County DeKalb County Bacon County City of Columbus Muscogee County
Muscogee County
Muscogee County Catoosa County Morgan County City of Atlanta Fulton County Fulton County

WEDNESDAY, MARCH 1, 1995
Little League Water and Sewer
Improvements Construction of
Recreational Center Historical Preservation of
Beulah Baptist Church Repairs for Simmon Hill
Community and Recreation Center Operations of Macon Museum of Arts and Science Operations of Mentoring Program Renovations to EE Butler Community Center Construction of Agri-Center Completion of Covered Walkway System Completion of Education Facility Expansion to Education Facility Construction of New Recreation Complex Prosecution of Capital Offense Case Courthouse Renovations Operations of SHARE Rehabilitation Program Operation of Center for Visually Impaired Prosecution of Capital Offense Case Operation of Columbus Youth Network Operation of Combined Communities of Southeast Columbus Operation of Community Connection and Intervention Operation of Two Thousand Opportunities, Inc. Operation of Northwest Georgia Crisis Center Operation of Madison/Morgan Culture Center Operations of the Atlanta Respite Services, Inc. Purchase of Van for Sr. Citizens Program Restorations at Life Holding House

1369 15,000 75,000 15,000 18,000
10,000 50,000
20,000
25,000 25,000 15,000 15,000 15,000 50,000 35,000 25,000 15,000 50,000 35,000
5,000
25,000
15,000 25,000 15,000 25,000 45,000 35,000 10,000

1370

JOURNAL OF THE HOUSE,

City of Broxton City of Columbus
Muscogee County DeKalb County
Fulton County
Clayton County Rabun County Board
of Education Union County City of Greenville Dooly County Houston County Board
of Education
City of Decatur
Richmond County Houston County Houston County

Renovations to the Fire House and Community Center
To Operate Play and Learn Together Program at Baker Village and Canty Homes
To Operate Columbus Community Center
Consulting Services for the Historic Preservation Division
To Operate Community of Care Delivery System for At-Risk Children
Operation of Securus House
Renovation of Old Gym Operation of Day Care Center Renovations Old
Greenville Depot Planning and Construction
of a Government Center Installation of Internet
at Perry High School Construction of a National
Memorial for Women in Military Service Contract for Services from Georgia School-age Care Association Purchase Property for Park in Atlanta Operation of Aviation Museum Planning and Designing of an Educational Facility

$ 40,000

$ 25,000 $ 25,000

$ 35,000

$ 150,000

$

10,000

$ 75,000 $ 40,000

$ 25,000

$ 100,000

$ 40,000

$ 25,000

$ 300,000 $ 40,000 $ 200,000 $ 180,000

Section 41. Provisions Relative to Section 12, State Board of Education Department of Education. The formula calculation for Quality Basic Education fund ing assumes a base unit cost of $1,650.26. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act.
Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time dur ing the student instructional day to each interdisciplinary team of teachers responsible for instruction in language arts, mathematics, science and social studies, and which meet crite ria and standards prescribed by the State Board of Education for middle school programs.

Section 42. Provisions Relative to Section 17, Department of Human Resources. The Department of Human Resources is authorized to calculate all Aid to Families with Dependent Children benefit payments utilizing a factor of 66.0% of the standards of need; such AFDC payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum stan dards of need shall apply:

WEDNESDAY, MARCH 1, 1995

1371

Number in Asst. Group
1 2 3 4 5 6 7 8 9 10 11

Standards of Need $ 235
356 424 500 573 621 672 713 751 804 860

Maximum Monthly Amount $ 155 235 280 330 378 410 444 470 496 530 568

Provided, the Department of Human Resources is authorized to transfer funds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each of the MH/MR/SA institutions as needed to insure coverage for physi cian, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

Section 43. Provisions Relative to Section 22, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appro priated for all of those purposes for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.

Section 44. Provisions Relative to Section 23, 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 1996 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 1996 shall not exceed 8.66%.

Section 45. Provisions Relative to Section 24, Department of Natural Resources. Provided, that to the extent State Parks and Historic Sites receipts are real ized in excess of the amount of such funds contemplated in this Act, the Office of Plan ning 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 46. Provisions Relative to Section 28, Board of Regents, Univer sity System of Georgia. Provided, that of the above amount, $2,250,000 is appropri ated for eminent scholar chairs and shall be placed in the Georgia Eminent Scholars Endowment Trust Fund.

Section 47. Provisions Relative to Section 35, Department of Transporta tion. For this and all future general appropriations acts, it is the intent of this General Assembly that the following provisions apply:
a.) In order to meet the requirements for projects on the Interstate System, the Office of Planning and Budget is hereby authorized and directed to give advanced budgetary authorization for letting and execution of Interstate Highway Contracts not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division of the Depart ment of Administrative Services.
b.) Objects for activities financed by Motor Fuel Tax Funds may be adjusted for addi tional appropriations or balances brought forward from previous years with prior approval by the Office of Planning and Budget.

1372

JOURNAL OF THE HOUSE,

c.) Interstate rehabilitation funds may be used for four-laning and passing lanes. Funds appropriated for on-system resurfacing, four-laning and passing lanes may be used to match additional Federal aid.
d.) The Fiscal Officers of the State are hereby directed as of July 1st of each fiscal year to determine the collection of Motor Fuel Tax in the immediately preceding year less refunds, rebates and collection costs and enter this amount as being the appropriation pay able in lieu of the Motor Fuel Tax Funds appropriated in Section 35 of this Bill, in the event such collections, less refunds, rebates and collection costs, exceed such Motor Fuel Tax Appropriation.
e.) Functions financed with General Fund appropriations shall be accounted for sepa rately and shall be in addition to appropriations of Motor Fuel Tax revenues required under Article III, Section IX, Paragraph VI, Subsection (b) of the State Constitution.
f.) Bus rental income may be retained to operate, maintain and upgrade departmentowned buses, and air transportation service income may be retained to maintain and upgrade the quality of air transportation equipment.
g.) Income derived from the sale of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at Charlie Brown Airport.
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 express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obli gation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Section 48. In addition to all other appropriations for the State fiscal year ending June 30, 1996, 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 $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit "A") and for State mental health/mental retardation institutions ($9,348,000 Budget Unit "B") in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of provid ing funds for the operation of the Employment Service and Unemployment Insurance Pro grams in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections.
Section 49. To the extent to which Federal funds become available in amounts in excess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible:
First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and
Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such supplanted State funds shall thereupon be removed from the annual operating budgets.
The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section.
A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20

WEDNESDAY, MARCH 1, 1995

1373

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 50. 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 51. 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 52. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 53. In accordance with the requirements of Article IX, Section VI, Para graph la of the Constitution of the State of Georgia, as amended, there is hereby appropri ated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insuffi cient to make the required payments in full, there shall be taken from other funds appro priated to the department, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appro priations.
Section 54. (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 1995 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropri ation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to con sider said transfers. This Section shall apply to all funds of each budget unit from what ever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commis sion, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.
(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.

1374

JOURNAL OF THE HOUSE,

(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

Section 55. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combination of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report.
For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 56. 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 57. Provisions Relative to Section 38, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and pur poses listed thereby.

A.) Maturities not to exceed two hundred forty months.

Principal Amount

Debt Service

Regular entitlements for 23 school systems
Regular advanced funding for 23 school systems
School consolidation for one system Advanced incentive funding to 9
school systems Construction of a health and physical
education facility at Albany State Construction of a science building
at Augusta College Construction of a classroom and
office building at Kennesaw State Construction of a College of Education
building and site development at Georgia Southern Construction of a classroom and office building, parking and site development at DeKalb College - North Campus Construction of a classroom, office building and a Law Enforcement Training Center at Armstrong State Provide funding for construction cost overruns at various Board of Regents facilities Construction of a student center at

64,295,000 28,770,000 5,535,000 26,855,000 13,460,000 15,015,000 13,660,000
15,160,000
15,670,000
8,645,000
18,435,000

6,300,910 2,819,460
542,430 2,631,790 1,319,080 1,471,470 1,338,680
1,485,680
1,535,660
847,210
1,806,630

WEDNESDAY, MARCH 1, 1995

Georgia State University (debt service will be repaid by Georgia State) Construction of addition to the student center at Kennesaw State College (debt service will be repaid by Kennesaw State) Construction of a multi-purpose livestock building for the Georgia Agricultural Exposition Authority Construction of a portion of the Georgia International Maritime Trade Center in Savannah Construction of cottages, trails, campsites and a marina at Richard B. Russell State Park and Phase I of construction of a golf course at George T. Bagby State Lodge Park Initial funding for the River Care 2000 program to acquire sensitive land along river corridors Completion of construction of the golf course at Laura S. Walker State Park Funding for a cabin, comfort station, infrastructure, visitor center renovation and other projects at the Smithgall Woods Dukes Creek Conservation Area Acquisition of Civil War sites on behalf of the Civil War Commission Construction of Container Berth 7 in Garden City (the Ports Authority will repay debt service) Purchase of equipment for the Governor's Traditional Industries Competitiveness Initiatives Major structural repairs of two Category I dams (Etowah River Dawson County and Racoon Creek Bartow County) Matching fund for the federal Surface Transportation Program Provide for dike construction at the Savannah Harbor Construction of a rail yard in Camilla Construction of two 100-bed YDCs in Mclntosh and Muscogee Counties and a 100-bed RYDC in Metropolitan Atlanta for Superior Court youth
Repairs and renovations at the
Atlanta Farmers' Market and other
markets statewide
Improvements to all state facilities
including Board of Regents'

12,000,000
8,000,000
3,650,000 10,200,000
5,600,000 5,000,000 1,500,000
635,000 500,000 34,000,000 2,415,000
2,345,000 70,000,000 5,000,000
910,000
33,000,000 2,600,000

1375
1,176,000
784,000
357,700 999,600
548,800 490,000 147,000
62,230 49,000 3,332,000 236,670
229,810 6,860,000
490,000 89,180
3,234,000 254,800

1376

JOURNAL OF THE HOUSE,

institutions to comply with the requirements of the Americans With Disabilities Act Initial program of closing, replacing and removing underground storage tanks at state-owned facilities Construction of 4-lane roads Construction of a grain facility on Colonel's Island Purchase and rehabilitation of railroad lines Construction of a youth detention center Land acquisition for future development of parking facilities Construction of 1,600 prison beds Land acquisition for future expansion of the World Congress Center

8,000,000
5,000,000
25,000,000
8,600,000 2,490,000 16,500,000 6,100,000 24,000,000 2,000,000

784,000
490,000 2,450,000
842,800 244,020 1,617,000 597,800 2,352,000 196,000

B.) Maturities not to exceed sixty months.

Planning and design of a multi-purpose sheep/swine building for the Georgia Agricultural Exposition Authority
Purchase of equipment for the golf course at Laura S. Walker State Park
Planning and design of two 1,000-bed prisons
Planning and design of an addition to the building housing the Georgia Emergency Management Agency

85,000 535,000 1,700,000 200,000

20,400 128,400 408,000
48,000

Section 58. Salary Adjustments. In addition to all other appropriations, there is hereby appropriated $216,661,728 for the following purposes: 1.) To provide a cost of living increase of 5%, or where applicable, ten increments on the Merit System General Pay Schedule for full-time 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 5% 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 shall receive a 2.5% cost of living increase, effective July 1, 1995. 3.) To provide for a 6% increase in state base salary on the teacher salary schedule for the State Board of Education and the Board of Technical and Adult Educa tion effective September 1, 1995 and provide a 5% increase for school bus drivers and lunchroom workers effective July 1, 1995. 4.) To provide a 6% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1995 for nonacademic personnel and on September 1, 1995 for academic personnel. 5.) To reassign the following job classes by one paygrade and provide a 6% increase to incumbents of all posi tions in these classes: Youth Development Worker and Senior Youth Development Worker. 6.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades. 7.) To increase the base hour rate for temporary employees in the Department of Revenue by 25 cents per hour. .) 8.) To provide for a 5% salary increase for incumbents in the Wildlife Technician job classes. 9.) To create and improve career ladders for affected Pardons and Paroles employees by: a.) establishing the Parole Investigator and Chief Parole Officer job classes, b.) reassignment of the Parole Review Officer job class by two paygrades and the Senior Parole Review Officer job class

WEDNESDAY, MARCH 1, 1995

1377

by three paygrades, c.) increasing the special supplement for parole officers with intensive supervision caseloads. 10.) To provide a 4% salary increase for incumbent scientists in the Georgia Bureau of Investigation's Forensic Science Division.

Section 59. TOTAL STATE FUND Appropriations State Fiscal Year 1996

$ 10,700,856,569

Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 61. All laws and parts of laws in conflict with this Act are repealed.

The Speaker resolved the House into a Committee of the Whole for the purpose of considering the Committee substitute to HB 202, designating Representative Coleman of the 142nd as Chairman thereof.

The Speaker called the House to order.

The Committee of the Whole arose and through its Chairman reported HB 202 back to the House with the recommendation that the same Do Pass, by the Appropriations
Committee substitute.

Upon the motion of the Chair that any and all language amendments be ruled out of order, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker N Bannister
Y Barfoot Y Bargeron
Barnard
Y Barnes Bates
Y Benefield E Birdsung Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J
Brush Y Buck Y Buckner N Bunn N Burkhalter YByrd N Campbell
Y Canty Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox E Crawford

N Crews Y Culbreth Y Cummings
Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart YEpps N Evans
Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin
Y Greene N Grindley Y Hanner Y Harbin
N Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley N Irvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence
YLee Y Lewis
N Lifsey YLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock

On the motion, the ayes were 117, nays 51. The motion prevailed.

The following amendment was read:

E Parham Y Parrish
N Parsons Y Pelote Y Perry N Pinholster
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 Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V

N Smith, W Y Smyre N Snelling Y Snow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L
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 Walker, L N Walker, R.L N Wall Y Watson Y Watts N Westmoreland Y Whitaker
Y White N Wiles N Williams, B
N Williams, J Y Williams, R N Woods
N Yates Murphy, Spkr

1378

JOURNAL OF THE HOUSE,

Representative Woods of the 32nd moves to amend the Committee substitute to H.B. 202 by (removing from) the state funds budgeted for the State Board of Education. Section 12, relating to State Fiscal Year 1996 the figure $2,660,836 and by (decreasing) the object classes as listed below:

Object Classes

RESA Total Funds State Funds

(2,660,836) (2,660,836) (2,660,836)

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

N Ashe N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T
N Brown, G Y Brown, J
Brush NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell N Canty
Carter N Chambless N Channel! N Childers N Coker N Coleman, B N Coleman, T N Connell
NCox E Crawford

Y Crews
N Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls
N Felton N Floyd
N Godbee N Golden Y Goodwin N Greene N Grindley N Manner N Harbin N Harris NHart N Heard N Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein NLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey N Lord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

E Parham N Parrish N Parsons N Pelote N Perry N Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B Y Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 31, nays 141. The amendment was lost.

N Smith, W N Smyre N Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall
N Watson N Watts Y Westmorland N Whitaker N White N Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Evans of the 28th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Office of the Governor, Section 16, relating to State Fiscal Year 1996 the figure $1,000,000 and by (decreasing) the object classes as listed below:

Object Classes

Art Grants - State Funds Total Funds State Funds

(300,000) (300,000) (300,000)

WEDNESDAY, MARCH 1, 1995

1379

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

N Ashe N Bailey N Baker
Bannister N Barfoot N Bargeron Y Barnard Y Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick Y Breedlove
N Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell
N Canty Carter
N Chambless N Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox E Crawford

Y Crews N Culbreth N Cummings N Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G
YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart NEpps Y Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin
N Greene Y Grindley N Hanner N Harbin Y Harris NHart N Heard N Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane Y Lawrence N Lee Y Lewis Y Lifsey NLord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills
N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

E Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster
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 Rogers
Royal Y Sanders
Y Sauder N Scoggins N Shanahan NShaw N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 59, nays 111. The amendment was lost.

N Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor
N Teague N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L Y Wall
N Watson N Watts
Y Westmorland Whitaker
N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Lawrence of the 64th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Salary Adjustments, Section 58, relating to State Fiscal Year 1996 the figure $80,000 and by (decreasing) the object classes
as listed below:

Salary Adjustments

(80,000)

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

Y Ashe N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnard Y Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick

N Breedlove N Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush N Buck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell
N Canty

Carter Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell NCox E Crawford Y Crews N Culbreth N Cummings

N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G
YDix N Dixon, H N Dixon, S
N Dobbs Y Ehrhart N Epps Y Evans Y Falls

Y Felton N Floyd
N Godbee N Golden Y Goodwin N Greene Y Grindley N Hanner Y Harbin Y Harris N Hart N Heard N Heckstall

1380

JOURNAL OF THE HOUSE,

N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley Y Irvin
Y James N Jamieson Y Jenkins N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd
Lakly NLane

Y Lawrence NLee Y Lewis
Y Lifsey N Lord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills
N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal N Orrock E Parham N Parrish
Y Parsons

N Pelote N Perry Y Pinholster 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 Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill

N Shipp N Simpson
N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague

On the adoption of the amendment, the ayes were 53, nays 116. The amendment was lost.

N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles
Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Bannister of the 77th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State of Georgia General Obliga tion Debt Sinking Fund, Section 38, relating to State Fiscal Year 1996 the figure $357,700 and by (decreasing) the object classes as listed below:

Object Classes
State General Fund (New) Total Funds State Funds

(357,700) (357,700) (357,700)

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

N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell

N Canty Carter
N Chambless N Channel! N Childers N Coker N Coleman, B N Coleman, T N Connell NCox E Crawford
Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps

Y Evans
Y Falls N Felton N Floyd
N Godbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley Y Irvin N James

N Jamieson N Jenkins Y Johnson, G N Johnson, J N Johnston
N Jones Y Joyce YKaye N Kinnamon N Klein NLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord N Lucas Y Maddox
YMann N Martin N McBee N McCall N McClinton

N McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock E Parham N Parrish N Parsons
N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves N Reichert

WEDNESDAY, MARCH 1, 1995

N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson

N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W N Smyre Y Snelling

N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson
N Streat N Taylor N Teague N Teper

N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson

On the adoption of the amendment, the ayes were 27, nays 145. The amendment was lost.

1381
N Watts Y Westmorland N Whitaker N White N Wiles N Williams, B Y Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

The following amendment was read:
Representative Davis of the 60th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund, Section 38, relating to State Fiscal Year 1996 the figure $20,400 and by (decreasing) the object classes as listed below:

Object Classes
State General Funds (New) Total Funds State Funds

(20,400) (20,400) (20,400)

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

N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush NBuck N Buckner Y Bunn N Burkhalter
N Byrd N Campbell
N Canty Carter
N Chambless N Channell
N Childers N Coker
N Coleman, B N Coleman, T N Connell NCox E Crawford

Crews N Culbreth N Cummings N Davis, G Y Davis, M
NDay Y DeLoach, B Y DeLoach, G N Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls
Felton
N Floyd N Godbee N Golden Y Goodwin N Greene N Grindley N Hanner N Harbin N Harris
NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein YLadd Y Lakly NLane Y Lawrence
NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton N McKinney
Y Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal N Orrock

E Parham N Parrish N Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan N Shaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T
Y Smith, V

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus Y Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmorland
N Whitaker White
N Wiles Williams, B
Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

1382

JOURNAL OF THE HOUSE,

On the adoption of the amendment, the ayes were 35, nays 133. The amendment was lost.

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Board of Regents, University System of Georgia, Section 28, relating to State Fiscal Year 1996 the figure $9,981,686 and by (decreasing) the object classes as listed below:

Object Classes
Personal Services Total Funds State Funds

(9,981,686) (9,981,686) (9,981,686)

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

N Ashe N Bailey N Baker N Bannister
N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush NBuck N Buckner
Bunn N Burkhalter NByrd N Campbell N Canty
Carter N Chambless N Channell N Childers N Coker
N Coleman, B N Coleman, T N Connell NCox E Crawford

N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Day N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Falls N Felton N Floyd N Godbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce NKaye N Kinnamon N Klein NLadd N Lakly NLane N Lawrence NLee Y Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin N McBee
N McCall N McClinton N McKinney Y Mills
Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock

E Parham N Parrish N Parsons N Pelote N Perry N Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 20, nays 148. The amendment was lost.

N Smith, W N Smyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor
N Teague NTeper
N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmoreland
Whitaker N White N Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Williams of the 83rd moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Department of Technical and

WEDNESDAY, MARCH 1, 1995

1383

Adult Education Section 34, relating to State Fiscal Year 1996 the figure $3,300,000 and by (decreasing) the object classes as listed below:

Object Classes
Area School Program Total Funds State Funds

$

(3,300,000)

$

(3,300,000)

$

(3,300,000)

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

N Ashe N Bailey N Baker
Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush N Buck N Buckner
Bunn N Burkhalter N Byrd N Campbell N Canty
Carter N Chambless N Channel! N Childers N Coker N Coleman, B N Coleman, T N Connell NCox
E Crawford

N Crews N Culbreth N Cummings N Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart
N Epps Y Evans N Falls N Felton N Floyd N Godbee N Golden N Goodwin N Greene N Grindley N Manner N Harbin N Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce NKaye N Kinnamon N Klein N Ladd Y Lakly N Lane N Lawrence
Lee Y Lewis Y Lifsey N Lord N Lucas Y Maddox YMann
N Martin N McBee
N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal
Orrock

E Parham
N Parrish N Parsons N Pelote N Perry
Pinholster N Polak
N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph N Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson
N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

N Smith, W
N Smyre Y Snelling N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmorland Y Whitaker N White N Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 23, nays 144. The amendment was lost.

The following amendment was read:

Representative Mills of the 21st moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Section 38, relating to State Fiscal Year 1996 the figure $128,400 and by (decreasing) the object classes as listed below:

Object Classes
State General Funds (New) Total Funds State Funds

(128,400) (128,400) (128,400)

1384

JOURNAL OF THE HOUSE,

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

N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck N Buckner Y Bunn N Burkhalter NByrd Y Campbell N Canty
Carter N Chambless N Channel! N Childers N Coker Y Coleman, B N Coleman, T N Connell NCox E Crawford

Y Crews
N Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin N Greene Y Grindley N Hanner N Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence NLee Y Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

E Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph NRay N Reaves N Reichert
N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 48, nays 122. The amendment was lost.

Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus Y Towery N Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L N Wall N Watson N Watts
N Westmoreland N Whitaker N White Y Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Woods of the 32nd moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Department of Corrections Section 10B relating to State Fiscal Year 1996 the figure $1,270,467 and by (decreasing) the object classes as listed below:

Object Classes
Austerity Reduction Total Funds State Funds

(1,270,467) (1,270,467) (1,270,467)

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

N Ashe N Bailey N Baker N Bannister N Barfoot N Bargeron N Barnard

N Barnes Bates
N Benefield E Birdsong N Bordeaux N Bostick N Breedlove

Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush NBuck N Buckner

Y Bunn N Burkhalter NByrd N Campbell N Canty
Carter N Chambless

N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell NCox

WEDNESDAY, MARCH 1, 1995

1385

E Crawford
N Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G
NDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps N Evans N Falls N Felton N Floyd N Godbee N Golden Y Goodwin
N Greene N Grindley N Hanner N Harbin N Harris NHart N Heard

N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley Y Irvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J
Y Johnston N Jones Y Joyce N Kaye N Kinnamon
N Klein N Ladd N Lakly N Lane N Lawrence
N Lee N Lewis Y Lifsey NLord

N Lucas Y Maddox NMann N Martin N McBee N McCall N McClinton N McKinney
Y Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal N Orrock E Parham N Parrish N Parsons N Pelote N Perry N Pinholster
N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph

NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders N Sauder
Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W
N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W
N Smyre N Snelling NSnow N Stallings N Stancil, F N Stancil, S

On the adoption of the amendment, the ayes were 16, nays 154. The amendment was lost.

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

The following amendment was read:
Representative Smith of the 19th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Section 38, relating to State Fiscal Year 1996 the figure $490,000 and by (decreasing) the object classes as listed below:

Object Classes
State General Funds (New) Total Funds State Funds

(490,000) (490,000) (490,000)

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

N Ashe N Bailey N Baker
Y Bannister N Barfoot N Bargeron
Y Barnard N Barnes
Bates N Beneiield
E Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D
Brooks, T N Brown, G Y Brown, J N Brush

N Buck N Buckner Y Bunn N Burkhalter N Byrd N Campbell
N Canty Carter
N Chambless N Channel! N Childers N Coker
Y Coleman, B N Coleman, T N Connell NCox E Crawford Y Crews N Culbreth

N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G
YDix N Dixon, H N Dixon, S
Dobbs Y Ehrhart N Epps Y Evans Y Falls N Felton N Floyd N God bee N Golden Y Goodwin

N Greene Y Grindley N Hanner N Harbin
N Harris N Hart N Heard N Heckstall N Hegstrom
Y Hembree N Henson N Holland N Holmes N Howard N Hudson
N Hugley Y Irvin N James N Jamieson

N Jenkins Y Johnson, G Y Johnson, J Y Johnston
N Jones Y Joyce YKaye N Kinnamon N Klein
YLadd Y Lakly
NLane Y Lawrence
NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox

1386

JOURNAL OF THE HOUSE,

YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock E Parham N Parrish Y Parsons N Pelote

N Perry Pinholster
N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders

Y Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W N Smyre

Y Snelling NSnow N Stallings N Stancil, F
Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus Y Towery N Trense

N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmorland N Whitaker N White Y Wiles
N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 45, nays 123. The amendment was lost.

The following amendment was read:

Representative Lakly of the 105th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Department of Administrative Ser vices, Section 4, relating to State Fiscal Year 1996 the figure $9,400,000 and by (decreas ing) the following object classes as listed below:

Object Classes
Direct Payments to Georgia Building Authority for Capital Outlay
Total Funds State Funds

(9,400,000) (9,400,000) (9,400,000)

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

N Ashe N Bailey N Baker N Bannister N Barfoot N Bargeron
N Barnard N Barnes
Bates N Benetield E Birdsong N Bordeaux
Bostick
N Breedlove Y Brooks, D N Brooks, T
N Brown, G Y Brown, J
N Brush NBuck N Buckner
Bunn N Burkhalter NByrd N Campbell N Canty
Carter N Chambless N Channel! N Childers

N Coker N Coleman, B N Coleman, T N Connell NCox E Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay N DeLoach, B N DeLoach, G N Dix N Dixon, H N Dixon, S N Dobbs N Ehrhart NEpps Y Evans Y Falls N Felton N Floyd
N Godbee N Golden N Goodwin N Greene N Grindley N Manner

N Harbin Harris Hart
N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley N Irvin
N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamun N Klein NLadd Y Lakly NLane N Lawrence NLee

Y Lewis
Y Lifsey NLord N Lucas Y Maddox Y Mann N Martin
N McBee N McCall N McClinton N McKinney N Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal N Orrock E Parham N Parrish N Parsons N Pelote N Perry N Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B

Randall N Randolph NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders N Sauder
Scoggins N Shanahan N Shaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W N Smyre N Snelling NSnow N Stallings N Stancil, F

WEDNESDAY, MARCH 1, 1995

1387

N Stancil, S N Stanley, L
Stanley, P
N Stephenson N Streat N Taylor

Teague N Teper N Thomas
N Tillman N Titus Y Towery

Trense N Turnquest N Twiggs
N Walker, L N Walker, R.L N Wall

N Watson N Watts Y Westmoreland
N Whitaker N White Y Wiles

N Williams, B N Williams, J N Williams, R
Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 22, nays 143. The amendment was lost.

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State Board of Education. Section 12, relating to State Fiscal Year 1996 the figure $17,472,398 and by (decreasing) the object classes as listed below:

Object Classes
Personal Services Regular Operating Expenses Travel Equipment Purchases Per Diem, Fees and Contracts Computer Charges Real Estate Rentals Telecommunications Utilities Total Funds State Funds

$

(9,517,041)

$

(816,097)

$

(154,117)

$

(24,171)

$

(3,871,788)

$

(2,395,430)

$

(368,885)

$

(320,653)

$

(4,216)

$ (17,472,398)

$ (17,472,398)

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

N Ashe N Bailey N Baker
N Bannister
N Barfoot
N Bargeron N Barnard Y Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove
Brooks, D N Brooks, T N Brown, G Y Brown, J N Brush N Buck N Buckner
Bunn
N Burkhalter
N Byrd
N Campbell N Canty
Carter N Chambless
N Channel! N Childers N Coker

N Coleman, B N Coleman, T N Connell
N Cox
E Crawford
N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Day N DeLoach, B N DeLoach, G N Dix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Falls
N Felton
N Floyd
N Godbee
N Golden Y Goodwin N Greene N Grindley
N Manner N Harbin N Harris

N Hart N Heard N Heckstall
N Hegstrom
N Hembree
N Henson N Holland N Holmes N Howard N Hudson N Hugley N Irvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston N Jones Y Joyce Y Kaye
N Kinnamon
N Klein
Y Ladd
Lakly N Lane N Lawrence N Lee
Y Lewis N Lifsey N Lord

N Lucas Y Maddox Y Mann
N Martin
N McBee
N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock E Parham N Parrish Y Parsons N Pelote N Perry N Pinholster
N Polak
N Porter
N Poston
N Powell N Purcell, A N Purcell, B
Randall
N Randolph N Ray N Reaves

N Reichert N Roberts Y Rogers
N Royal
Y Sanders
Y Sauder N Scoggins N Shanahan Y Shaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V N Smith, W
N Smyre
N Snelling
N Snow
N Stallings N Stancil, F N Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat

1388

JOURNAL OF THE HOUSE,

N Taylor N Teague N Teper N Thomas
N Tillman

N Titus Y Towery N Trense N Turnquest
N Twiggs

N Walker, L N Walker, R.L N Wall N Watson
N Watts

Y Westmorland N Whitaker N White Y Wiles
N Williams, B

N Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 23, nays 146. The amendment was lost.

The following amendment was read:

Representative Kaye of the 37th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State Board of Education. Section 12, relating to State Fiscal Year 1996 the figure $2,943,700 and by (decreasing) the object classes as listed below:

Budget Unit A:
Object Classes
Next Generation School Grants Total Funds State Funds
Budget Unit B Lottery for Education:
Object Classes
Next Generation School Total Funds Lottery Funds
Total Funds State Funds Lottery Funds

$

(2,443,700)

$

(2,443,700)

$

(2,443,700)

$

(500,000)

$

(500,000)

$

(500,000)

$

(2,943,700)

$

(2,443,700)

$

(500,000)

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

N Ashe
N Bailey N Baker
Y Bannister N Barfoot
N Bargeron
Y Barnard
N Barnes Bates
N Benetield E Birdsong N Bordeaux N Bostick N Breedlove
Brooks, D N Brooks, T N Brown, G
Y Brown, J Y Brush N Buck
N Buckner
Bunn Y Burkhalter N Byrd N Campbell N Canty

Carter
N Chambless N Channel!
N Childers Coker
Y Coleman, B
N Coleman, T
N Connell N Cox E Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B
N DeLoach, G Y Dix N Dixon, H
N Dixon, S
N Dobbs Y Ehrhart N Epps Y Evans Y Falls

Y Felton
N Floyd N Godbee
N Golden Y Goodwin
N Greene
Y Grindley
N Manner N Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland
N Holmes N Howard N Hudson
N Hugley
Y Irvin N James N Jamieson N Jenkins Y Johnson, G

Y Johnson, J
Y Johnston N Jones
Y Joyce Y Kaye
N Kinnamon
Y Klein
Y Ladd Y Lakly N Lane Y Lawrence N Lee Y Lewis Y Lifsey N Lord N Lucas Y Maddox
Y Mann N Martin N McBee
N McCall
N McClinton N McKinney Y Mills N Mobley, B N Mobley, J

N Mosley
Y Mueller N O'Neal
N Orrock E Parham
N Parrish
Y Parsons
N Pelote N Perry
Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall
N Randolph N Ray N Reaves
N Reichert
N Roberts N Rogers N Royal Y Sanders Y Sauder

WEDNESDAY, MARCH 1, 1995

1389

N Scoggins N Shanahan N Shaw N Sherrill N Shipp N Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W

N Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling
N Snow N Stallings N Stancil, F

Stancil, S Stanley, L 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 N Walker, L Y Walker, R.L
Y Wall N Watson N Watts

Y Westmorland N Whitaker N White Y Wiles
Williams, B Y Williams, J N Williams, R
Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 52, nays 113. The amendment was lost.

The following amendment was read:

Representative Klein of the 39th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Department of Natural Resources Section 24, relating to State Fiscal Year 1996 the figure $540,193 and by (decreasing) the following object classes as listed below:

Object Classes
Personal Services Regular Operating Expenses Travel Motor Vehicle Equipment Purchases Per Diem, Fees and Contracts Telecommunications Cost of Material for Resale Total Funds State Funds

$

(299,938)

$

(139,495)

$

(500)

$

(55,760)

$

(1,000)

$

(3,500)

$

(40,000)

$

(540,193)

$

(540,193)

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

N Ashe
N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux
N Bostick
N Breedlove
Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush N Buck N Buckner Y Bunn Y Burkhalter
N Byrd
Y Campbell N Canty
Carter
N Chambless N Channell N Childers

Y Coker
Y Coleman, B N Coleman, T N Connell N Cox E Crawford N Crews N Culbreth N Cummings N Davis, G Y Davis, M N Day
N DeLoach, B
N DeLoach, G
Y Dix N Dixon, H N Dixon, S
Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton
N Floyd
N Godbee N Golden Y Goodwin
N Greene Y Grindley N Hanner

Y Harbin
Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson
N Hugley
Y Irvin
N James N Jamieson N Jenkins N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce Y Kaye
N Kinnamon
Y Klein Y Ladd Y Lakly
N Lane Y Lawrence N Lee

Y Lewis
Y Lifsey N Lord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills
N Mobley, B
N Mobley, J
N Mosley N Mueller N O'Neal
Orrock E Parham N Parrish Y Parsons N Pelote N Perry
Y Pinholster
N Polak N Porter N Poston
N Powell N Purcell, A N Purcell, B

Randall
N Randolph N Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan
N Shaw
N Sherrill
N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T
Y Smith, V
N Smith, W N Smyre Y Snelling
Snow N Stallings N Stancil, F

1390

JOURNAL OF THE HOUSE,

Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor

N Teague N Teper N Thomas N Tillman N Titus Y Towery

Y Trense N Turnquest N Twiggs N Walker, L N Walker, R.I,
N Wall

N Watson N Watts N Westmorland N Whitaker N White Y Wiles

Y Williams, B Y Williams, J
N Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 48, nays 121. The amendment was lost.

The following amendment was read:

Representative Snelling of the 99th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Section 38, relating to State Fiscal Year 1996 the figure $147,000 and by (decreasing) the object classes as listed below:

Object Classes
State General Funds (New) Total Funds State Funds

(147,000) (147,000) (147,000)

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

N Ashe N Bailey N Baker Y Bannister
N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J
Brush NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell N Canty
Carter N Chambless N Channell N Childers
N Coker N Coleman, B N Coleman, T N Connell NCox E Crawford

Y Crews N Culbreth N Cummings
N Davis, G Y Davis, M YDay
N DeLoach, B N DeLoach, G YDix
N Dixon, H N Dixon,S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N God bee N Golden Y Goodwin N Greene Y Grindley N Manner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson
N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson N Jenkins N Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence
NLee Y Lewis Y Lifsey N Lord N Lucas Y Maddox YMann
N Martin N McBee N McCall N McClinton
N McKinney Y Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal
Orrock

E Parham N Parrish
Y Parsons N Pelote N Perry Y Pinholster N Polak
N Porter N Poston N Powell
N Purcell, A N Purcell, B
Randall
N Randolph NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield
N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 48, nays 121. The amendment was lost.

N Smith, W N Smyre Y Snelling NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor
N Teague N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles
Williams, B Y Williams, J N Williams, R
Y Woods Y Yates
Murphy, Spkr

WEDNESDAY, MARCH 1, 1995

1391

The following amendment was read:

Representative Smith of the 102nd moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the State of Georgia General Obligation Debt Sinking Fund Section 38, relating to State Fiscal Year 1996 the figure $548,800 and by (decreasing) the object classes as listed below:

Object Classes
State General Funds (New) Total Funds State Funds

(548,800) (548,800) (548,800)

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

N Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron Y Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick
Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J N Brush NBuck N Buckner
Y Bunn Y Burkhalter NByrd Y Campbell N Canty
Carter N Chambless N Channell
N Childers N Coker Y Coleman, B N Coleman, T N Connell NCox E Crawford

Y Crews
N Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon,S N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin
N Greene Y Grindley N Hanner Y Harbin
Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin
N James N Jamieson
N Jenkins Y Johnson, G
Johnson,J Y Johnston N Jones Y Joyce YKaye N Kinnamon
Y Klein YLadd Y Lakly NLane Y Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin
N McBee N McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal
N Orrock

E Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves N Rekhert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan
NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 52, nays 113. The amendment was lost.

N Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs N Walker, L
Y Walker, R.L N Wall N Watson N Watts Y Westmorland N Whitaker N White Y Wiles
Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Ehrhart of the 36th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Board of Regents, University System of Georgia Section 28A relating to State Fiscal Year 1996 the figure $1,134,628 and by (decreasing) the object classes as listed below:

Object Classes

1392

JOURNAL OF THE HOUSE,

Office of Minority Business Enterprise Total Funds State Funds

(1,134,628) (1,134,628) (1,134,628)

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

N Ashe N Bailey N Baker Y Bannister N Barfoot
N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick Y Breedlove N Brooks, D N Brooks, T N Brown, G Y Brown, J
Brush NBuck N Buckner
Bunn Y Burkhalter NByrd Y Campbell N Canty
Carter N Chambless N Channel! N Childers Y Coker
Coleman, B N Coleman, T N Connell NCox E Crawford

Y Crews N Culbreth
N Cummings N Davis, G Y Davis, M NDay
N DeLoach, B N DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls
N Felton N Floyd N Godbee N Golden Y Goodwin N Greene Y Grindley N Hanner N Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins N Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce
Kaye N Kinnamon N Klein YLadd N Lakly NLane N Lawrence NLee N Lewis
Y Lifsey NLord N Lucas Y Maddox N Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

E Parham N Parrish Y Parsons N Pelote N Perry
Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

On the adoption of the amendment, the ayes were 36, nays 129. The amendment was lost.

Y Smith, W N Smyre N Snelling NSnow N Stallings
N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Teper N Thomas N Tillman N Titus Y Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts N Westmorland Y Whitaker N White Y Wiles N Williams, B Y Williams, J
Williams, R N Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Ehrhart of the 36th moves to amend the Committee substitute to H.B. 202 by (removing from) the State funds budgeted for the Office of the Governor, Section 16, relating to State Fiscal Year 1996 the figure $500,000 and by (decreasing) the object classes as listed below:

Object Classes
Governor's Emergency Fund Total Funds State Funds

(500,000) (500,000) (500,000)

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

N Ashe N Bailey N Baker

N Bannister N Barfoot N Bargeron

N Barnard N Barnes
Bates

N Benefield E Birdsong N Bordeaux

N Bostick N Breedlove Y Brooks, D

WEDNESDAY, MARCH 1, 1995

1393

N Brooks, T N Brown, G Y Brown, J Y Brush
NBuck N Buckner
Bunn Y Burkhalter N Byrd Y Campbell N Canty
Carter N Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell N Cox E Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs

Y Ehrhart N Epps Y Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin
N Greene Y Grindley N Manner N Harbin Y Harris NHart N Heard N Heckstall
N Hegstrom Y Hembree N Henson
N Holland N Holmes N Howard N Hudson
N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones

Y Joyce YKaye N Kinnamon
Y Klein YLadd Y Lakly
NLane Y Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee N McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley N Mueller N O'Neal
Orrock E Parham N Parrish N Parsons N Pelote N Perry
Pinholster

N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall
N Randolph NRay N Reaves N Rekhert N Roberts N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw N Sherrill
N Shipp N Simpson N Sinkfield
N Skipper N Smith, C
Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V N Smith, W N Smyre Y Snelling

On the adoption of the amendment, the ayes were 39, nays 128. The amendment was lost.

N Snow N Stallings N Stand), F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor N Teague N Toper N Thomas N Tillman N Titus N Towery N Trense N Turnquest
N Twiggs N Walker, L N Walker, R.L N Wall N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Irvin of the 45th moves to amend Committee substitute to H.B. 202 by (removing from) total State fund appropriations relating to State Fiscal Year 1996, the fig ure $54,041,626 and decreasing State Funds as listed below:

Georgia General Assembly Department of Audits Judicial Branch Department of Administrative Services Agency for the Removal of Hazardous Materials Department of Agriculture Department of Banking and Finance Department of Children and Youth Services Department of Community Affairs Department of Corrections Department of Defense Department of Education Georgia Forestry Commission Georgia Bureau of Investigation Office of the Governor Department of Human Resources Department of Industry, Trade and Tourism Department of Insurance Department of Labor Department of Law Department of Medical Assistance Department of Natural Resources

(243,790) (172,634) (704,696) (371,832)
(1,147) (402,066) (89,951) (955,692) (243,731) (6,938,115) (42,784) (716,441) (355,319) (427,994) (288,355) (11,791,720) (191,741) (152,650)
(3,999) (109,157) (11,868,141) (869,800)

1394

JOURNAL OF THE HOUSE,

Department of Public Safety Public School Employees Retirement System Public Service Commission Board of Regents Department of Revenue Department of Secretary of State Soil and Water Conservation Commission Student Finance Commission Teachers Retirement System Department of Technical and Adult Education Department of Transportation Department of Veterans Service State Board of Worker's Compensation Total State Fund Reduction

(1,094,811) (97,250) (86,015)
(12,341,843) (878,279) (296,150) (19,539) (307,492) (40,750)
(1,488,329) (114,040) (236,650) (98,723)
(54,041,626)

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

Y Ashe N Bailey N Baker Y Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J
Y Brush NBuck N Buckner
Bunn Y Burkhalter
N Byrd . Y Campbell N Canty
Carter N Chambless N Channell N Childers Y Coker Y Coleman, B N Coleman, T N Connell
NCox E Crawford

Y Crews
N Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G
YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Falls
Felton N Floyd
N Godbee N Golden Y Goodwin N Greene Y Grindley N Hanner N Harbin Y Harris
Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein YLadd Y Lakly N Lane Y Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox
YMann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley
Mueller N O'Neal
Orrock

E Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak
N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph NRay N Reaves N Reichert N Roberts
N Rogers N Royal Y Sanders Y Sauder N Scoggins N Shanahan NShaw N Sherrill
N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T
Y Smith, V

N Smith, W NSmyre Y Snelling
NSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson N Streat N Taylor
Teague N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs N Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland N Whitaker N White Y Wiles N Williams, B Y Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 54, nays 112. The amendment was lost.

The following amendment was read:

Representative Irvin of the 45th moves to amend the Committee substitute to H.B. 202 by (removing from) the State Funds budgeted for the Department of Community Affairs Section 17, relating to State Fiscal Year 1996 the figure $3,877,489 and by (decreasing) the object classes as listed below:

WEDNESDAY, MARCH 1, 1995

1395

Object Classes
Local Assistance Grants Total Funds State Funds

(3,877,489) (3,877,489) (3,877,489)

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

N Ashe N Bailey N Baker N Bannister
N Barfoot N Bargeron
Barnard N Barnes
Bates N Benefield E Birdsong N Bordeaux
N Bostick N Breedlove Y Brooks, D N Brooks, T
N Brown, G Y Brown, J N Brush N Buck N Buckner
Bunn N Burkhalter N Byrd Y Campbell
N Canty Carter
N Chambless N Channell N Childers N Coker N Coleman, B N Coleman, T N Connell NCox E Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G
YDix N Dixon, H
N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans N Falls N Felton
N Floyd N Godbee N Golden Y Goodwin N Greene N Grindley N Hanner N Harbin Y Harris N Hart N Heard N Heckstall
N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins N Johnson, G N Johnson,J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly N Lane N Lawrence NLee Y Lewis Y Lifsey NLord N Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal
Orrock

E Parham N Parrish N Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves N Reichert N Roberts
N Rogers N Royal Y Sanders N Sauder N Scoggins N Shanahan N Shaw N Sherrill N Shipp N Simpson N Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L N Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 36, nays 133. The amendment was lost.

Y Smith, W N Smyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson
N Streat N Taylor
N Teague N Teper N Thomas N Tillman N Titus N Towery N Trense N Turnquest N Twiggs N Walker, L N Walker, R.L
N Wall N Watson N Watts Y Westmoreland N Whitaker
N White N Wiles N Williams, B Y Williams, J N Williams, R Y Woods
Y Yates Murphy, Spkr

The Committee substitute was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield E Birdsong

Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G N Brown, J Y Brush YBuck Y Buckner Y Bunn

Y Burkhalter YByrd Y Campbell Y Canty
Carter Y Chambless Y Channell Y Childers Y Coker
Y Coleman, B Y Coleman, T

Y Connell YCox
E Crawford Y Crews Y Culbreth Y Cummings
Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G

NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans Y Falls Y Felton Y Floyd Y Godbee

1396

JOURNAL OF THE HOUSE,

Y Golden Goodwin
Y Greene Grindley
Y Hanner Y Harbin N Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley N Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston

Y Jones
N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly
YLane N Lawrence
YLee Y Lewis N Lifsey YLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley

Y Mueller Y O'Neal Y Orrock E Parham Y Parrish
Y Parsons Y Pelote Y Perry N Pinholster 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 Rogers Y Royal N Sanders Y Sauder

Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat

Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmorland Y Whitaker Y White N Wiles Y Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 141, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Due to a mechanical malfunction, the vote of Representative Titus of the 180th was not recorded correctly. He wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 202 was ordered immediately transmitted to the Senate.

House of Representatives Atlanta, Georgia 30334

To: Clerk of the House:

Re: HB 202

The undersigned member of the House (Williams - 83rd) submitted two amendments to the above mentioned bill which was identified on its face as originating from another member. (Williams - 63rd)

Representative Williams - 63rd is in favor of the funding for the State takeover of DeKalb Technical Institute and supports the proposed pay increases for the Board of Regents.

I regret any problem resulting from this action upon either the Representative of the 63rd or the House.

M Jeff Williams

HB 202 - General Appropriations
The continuation portion of the budget should be scrutinized. Due to the fact that over 90% of this 10.7 billion dollar budget was never discussed by the General Assembly body it is my belief this is not budget review at its' best. This is not in the best interest of taxpayers. There are many good proposals in this budget; however, 90% was never ever discussed in the General Assembly. Many teachers deserve a raise and many state employ ees deserve a raise; however, this budget contains another raise for State Legislators (myself). It contains around 4 million in projects that should be funded by local govern ment and normally are. An example would be bleachers for a ballfield, refurbishing of a B-29 model airplane, water lines and fire hydrants, a little-league operations expense for

WEDNESDAY, MARCH 1, 1995

1397

only one county, a memorial that will be sent to Washington D.C., and numerous more. The final vote on the House version budget was taken with less than 48 hours to review this 10.7 billion document. We are going further in debt with 20 year bonds on roads, roofs and other projects that will not last beyond 13 to 15 years. This is not a good business approach in my opinion.
1st James Mills State Representative District 21

House of Representatives Legislative Office Building, Room 412
Atlanta, Georgia 30334
March 1, 1995
I respectfully desire to explain my affirmative vote on H.B. 202.
While it is true that a number of budget items can be considered ill-advised and unwar ranted, I cannot overlook or dismiss those items which are critical to the maintenance of the well-being of the citizens of our State.
I would prefer a perfect budget. However, with the full knowledge that my preference is an impossibility, I will cast my vote with the hopes that the good will transcend the bad.
M Len Walker 87th

House of Representatives Legislative Office Building, Room 411
Atlanta, Georgia 30334
March 1, 1995
I wish to respectfully explain my no vote on H.B. 202. While there are many worthwhile items, such as teacher pay increases in this budget, as well as the normal items to main tain our government; there also too much "pork" in this budget. We should have voted the budget down, remove enough expenditures to give a reasonable tax cut, and fund all needed items.
Sincerely, /&/ John Yates
House of Representatives District 106
JPY/bls

The following Resolution of the Senate was read:

SR 289. By Senators Ray of the 19th and Perdue 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 Wednesday, March 1, 1995, and reconvene on Monday, March 6, 1995.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 6 may be as ordered by the Senate; and the hour for con vening the House on March 6 may be as ordered by the House.

1398

JOURNAL OF THE HOUSE,

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G
Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty
Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
YCox E Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Y Godbee Y Golden
Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Y Jones Y Joyce YKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
YLord Y Lucas Y Maddox YMann Y Martin
McBee Y McCall Y McClinton
Y McKinney Y Mills Y Mobley, B Y Mobley, J
Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish
Y Parsons Y Pelote Y Perry
Pinholster 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 Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
YShaw Y Sherrill Y Shipp Y Simpson
Sinkiield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

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

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings 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 Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

By unanimous consent, the following Bill of the House was withdrawn from the Com mittee on Motor Vehicles and referred to the Committee on Natural Resources:

HB 478. By Representatives Evans of the 28th, Ladd of the 59th, Johnson of the 97th, Ehrhart of the 36th, Irvin of the 45th and others:
A bill to amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," so as to prohibit centralized emission testing in Georgia.

By unanimous consent, the following Resolution of the House was recommitted to the Committee on State Institutions and Property:

HR 376. By Representatives Greene of the 158th, Dixon of the 168th, Carter of the 166th and Dobbs of the 92nd:
A resolution authorizing the leasing of certain improved real property or por tions thereof owned by the State of Georgia in Clay County; to authorize the leasing of certain improved real property or portions thereof owned by the State of Georgia in Ware County.

WEDNESDAY, MARCH 1, 1995

1399

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

HR 351. By Representative Jamieson of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Stephens County.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 93, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 119. By Senator Kemp of the 3rd:
A resolution authorizing the conveyance of certain state owned real property located in Liberty County, Georgia.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 92, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

SR 169. By Senators Marable of the 52nd, Dean of the 31st and Ray of the 19th: A resolution declaring October 7, 1995 as Martha Berry Day.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 101, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 385. By Representatives Watts of the 26th, Smith of the 109th, Jamieson of the 22nd, Hart of the 116th and Barnes of the 33rd:
A resolution urging Congress to reject the proposed requirement that state chartered banks pay a fee to their federal regulators for examinations con ducted by such federal regulators.

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

HR 384. By Representatives Johnson of the 84th, Bannister of the 77th, Johnston of the 81st, Mobley of the 86th, Dix of the 76th and others:
A resolution creating the Joint Study Committee on Pilot Projects in the Gwinnett Judicial Circuit.

1400

JOURNAL OF THE HOUSE,

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes
Bates Benefield E Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush Buck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Y Canty Carter Chambless Channell
Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox E Crawf'ord

Y Crews Culbreth Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Dixon, S Dobbs Y Ehrhart Y Epps Y Evans Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene
Grindley Hanner Y Harbin Harris YHart Y Heard Y Heckstall
Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce YKaye
Kinnamon Y Klein
Ladd Lakly YLane Y Lawrence Y Lee Y Lewis Y Lifsey YLord Lucas Y Maddox YMann Y Martin Y McBee
Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Mobley, J Mosley Mueller Y O'Neal Y Orrock

E Parham Parrish
Parsons Y Pelote Y Perry
Pinholster Y Polak
Porter Y Poston
Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers
Royal Sanders Y Sauder Scoggins Y Shanahan Shaw Y Sherrill Y Shipp Y Simpson Sinktield Skipper Y Smith, C Smith, C.W Y Smith, L Y Smith, P Y Smith, T Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings
Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery
Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
Westmorland Whitaker White Y Wiles Y Williams, B Williams, J Y Williams, R Woods Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 116, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Ladd of the 59th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

HR 304. By Representatives Epps of the 131st, Murphy of the 18th, Buck of the 135th, Hugley of the 133rd, Smith of the 102nd and others:
A resolution designating the bridge on State Highway 109 over West Point Lake the Wade R. Milam, Jr., Bridge.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 105, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 293. By Representatives Streat of the 167th, Jenkins of the 110th, Day of the 153rd, Mobley of the 86th, Coker of the 31st and others:
A resolution encouraging school systems in Georgia to adopt the Eddie Eagle Gun Safety Program of the National Rifle Association and commending the National Rifle Association for its development of this program.

WEDNESDAY, MARCH 1, 1995

1401

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benet'ield E Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell N Canty
Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox E Crawford

Y Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G Y Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris NHart Y Heard N Heckstall
Y Hegstrom Y Hembree Y Henson
Y Holland Holmes
Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon Y Klein
YLadd Y Lakly
YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord N Lucas Y Maddox YMann Y Martin N McBee Y McCall
McClinton McKinney Y Mills N Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Parrish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell Y Purcell, A Y Purcell, B N Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat N Taylor Teague Teper
N Thomas Y Tillman Y Titus
Y Towery Y Trense N Turnquest
Y Twiggs Walker, L
Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 139, nays 12. The Resolution, having received the requisite constitutional majority, was adopted.

HB 129. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Code Section 20-2-161 of the Official Code of Georgia Anno tated, relating to the Quality Basic Education Formula, so as to change the program weights allotted to state authorized instructional programs.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality Basic Education Formula, so as to state legislative intent; to provide for a phased-in change in the program weights allotted to state authorized instructional pro grams; 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. The General Assembly finds and determines that certain changes should he made in the program weights allotted to state authorized instructional programs for purposes of the

1402

JOURNAL OF THE HOUSE,

Quality Basic Education Formula. The General Assembly finds and determines that such changes should be carried out through a phased-in implementation. This Act accordingly provides for such phased-in implementation through: (1) the assignment of certain pro gram weights which shall apply for the fiscal year beginning July 1, 1995, and ending June 30, 1996; and (2) the assignment of other program weights which shall apply for all future fiscal years beginning on and after July 1, 1996.

SECTION 2.

Code Section 20-2-161 of the Official Code of Georgia Annotated, relating to the Quality

Basic Education Formula, is amended by striking subsection (b) thereof in its entirety and

inserting in its place a new subsection (b) to read as follows:

"(b) As the cost of instructional programs varies depending upon the teacher-student

ratios and specific services typically required to address the special needs of students

enrolled, state authorized instructional programs shall have the following program

weights specified in this subsection:

(1) For the period from July 1^ 1995, through June 30, 1996, such

shall be as follows:

Kindergarten program ................................................................... ir338 1.340$

{2KB) Primary grades

program (1-3) ............................................................................................... r3W 1.253

{3KQ Upper elementary grades

program (4-5) ............................................................................................... tl 1.020

W(D) Middle grades

program (6-8) ............................................................................................... i^ew 1.024

{6)(E) High school general education

program (9-12).............................................................................................

1.000

{6}(F) High school nonvocational

laboratory program (9-12).......................................................................... ir333 1.240

ffl(G) Vocational laboratory

program (9-12) ............................................................................................. ir843 1.358

{#KH) Program for the handicapped:

Category I..................................................................................................... SrSTO 2.330

{&)(!) Program for the handicapped:

Category II.................................................................................................... &S12 2.700

fM))(J) Program for the handicapped:

Category III.................................................................................................. 3r3e? 3.430

{jrt)(K) Program for the handicapped:

Category IV .................................................................................................. &19 5.536

{J3>(L) Program for intellectually

gifted students: Category V....................................................................... Ir693 1.629

ft3)(M) Remedial education

program......................................................................................................... ^366 1.309

(2) On and after July 1^ 1996, such program weights shall be as fol-

lows:

(A) Kindergarten program ...........................................................................

1.330

(B) Primary grades program (1-3) ..............................................................

1.245

(C) Upper elementary grades program (4-5).............................................

1.020

(D) Middle grades program (6-8)................................................................

1.024

(E) High school general education program (9-12)..................................

1.000

(F) High school nonvocational laboratory program (9-12)......................

1.242

(G) Vocational laboratory program (9-12).................................................

1.356

(H) Program for the handicapped:

Category I........................................................................................................

2.340

(I) Program for the handicapped:

Category II.................................................................. ....................................

2.717

(J) Program for the handicapped:

Category III.....................................................................................................

3.454

(K) Program for the handicapped:

WEDNESDAY, MARCH 1, 1995

1403

Category IV..................................................................................................... (L) Program for intellectually gifted students: Category V.................... (M) Remedial education program...............................................................
SECTION 3. This Act shall become effective on July 1, 1995.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

5.576 1.636 1.300"

The following substitute, offered by Representative Murphy of the 18th, et al., was read and adopted:

A BILL

To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to state legislative intent; to provide for a change in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula; to change provisions relating to funding of salaries of superintendents, administrative personnel, and visiting teachers; 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.
The General Assembly finds and determines that certain changes should be made in the program weights allotted to state authorized instructional programs for purposes of the Quality Basic Education Formula. This Act accordingly provides for the assignment of cer tain program weights which shall apply beginning July 1, 1995.

SECTION 2.

Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality

Basic Education Act," is amended by striking subsection (b) of Code Section 20-2-161,

relating to the Quality Basic Education Formula, in its entirety and inserting in its place

a new subsection (b) to read as follows:

"(b) As the cost of instructional programs varies depending upon the teacher-student

ratios and specific services typically required to address the special needs of students

enrolled, state authorized instructional programs shall have the following program

weights:

(1) Kindergarten program............................................................................. t338 1.330

(2) Primary grades program (1-3)................................................................ ir3W 1.245

(3) Upper elementary grades program (4-5).............................................. tei6 1.020

(4) Middle grades program (6-8).................................................................. t619 1.024

(5) High school general education program (9-12)....................................

1.000

(6) High school nonvocational

laboratory program (9-12)..............................................................................

1.242

(7) Vocational laboratory program (9-12)................................................... ir343 1.356

(8) Program for the handicapped:

Category I......................................................................................................... SrSTO 2.340

(9) Program for the handicapped:

Category II....................................................................................................... 3r612 2.717

(10) Program for the handicapped:

Category III...................................................................................................... &3OT 3.454

(11) Program for the handicapped:

Category IV...................................................................................................... &3W 5.576

(12) Program for intellectually

gifted students: Category V........................................................................... !r693 1.636

(13) Remedial education

program............................................................................................................. ir366 1.300"

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JOURNAL OF THE HOUSE,

SECTION 3. Said article is further amended by striking Code Section 20-2-186, relating to program weights to reflect funds for salaries of superintendents, administrative personnel, and visit ing teachers, which reads as follows:
"20-2-186.
All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a superintendent regardless of system size, assistant superintendents, and a visiting teacher as well as the salaries of secretaries and an accountant essential for the efficient and effective management of all instructional and supportive educational programs of a base size local school system pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office for the local school system and for workers' compensation and employment security pay ments for personnel at the central office, school, and program levels, subject to appropri ation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership per sonnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly.", and inserting in its place a new Code section to read as follows:
"20-2-186.
Funds provided under this article shall include the following for local systems to pay the beginning salaries of superintendents, secretaries, and accountants, subject to appropria tion by the General Assembly:
(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 1,000, funds sufficient to pay the beginning salaries of a superin tendent, accountant, and one-half the salary of a secretary; and (2) For numbers of full-time equivalent students over 1,000 and less than 2,001, 80 percent of the amount obtained by multiplying the number of students over 1,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and (3) For numbers of full-time equivalent students over 2,000 and less than 3,001, 70 percent of the amount obtained by multiplying the number of students over 2,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and (4) For numbers of full-time equivalent students over 3,000 and less than 4,001, 60 percent of the amount obtained by multiplying the number of students over 3,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and (5) For numbers of full-time equivalent students over 4,000 and less than 10,001, 33 percent of the amount obtained by multiplying the number of students over 4,000 by the amount earned in paragraph (1) of this Code section divided by 1,000; and (6) For numbers of full-time equivalent students over 10,000, an amount equal to 25 percent of the amount obtained by multiplying the number of students over 10,000 by the amount earned in paragraph (1) of this Code section divided by 1,000. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher for a base size school system pursuant to Code Section 20-2-181 and for costs of operating an administrative office for the local school system and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the

WEDNESDAY, MARCH 1, 1995

1405

base amount, shall reflect sufficient funds to pay the beginning salaries of school psy chologists and psychometrists essential and necessary for the effective operation of such programs in a base size local school system, subject to appropriation by the General Assembly."
SECTION 4. This Act shall become effective on July 1, 1995.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Bailey
Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Y Canty Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell
YCox E Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon,S Y Dobbs Y Ehrhart YEpps Y Evans Y Palls Y Pelton Y Floyd Y Godbee Y Golden
Good win Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

E Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster 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 Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling Y Snow Y Stallings 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 Walker, L Y Walker, R.L
Wall Y Watson Y Watts Y Westmorland Y Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Hegstrom of the 66th and Stanley of the 50th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

By unanimous consent, HB 129 was ordered immediately transmitted to the Senate.

1406

JOURNAL OF THE HOUSE,

HB 680. By Representative Stancil of the 91st:
A bill to amend Chapter 4 of Title 3 of the Official Code of Georgia Anno tated, relating to distilled spirits, so as to provide procedures in counties or municipalities in which the sale of distilled spirits are not lawful for the call of a referendum on the question of the issuance of licenses for the sale of distilled spirits for beverage purposes by the drink for consumption on the premises upon the resolution of the governing 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 Bailey
Y Baker N Bannister
Barfoot Bargeron N Barnard
Y Barnes Bates
Y Benefield E Birdsong
Bordeaux Y Bostick Y Breedlove
N Brooks, D Y Brooks, T
Y Brown, G Y Brown, J
Brush YBuck Y Buckner
Bunn Y Burkhalter NByrd Y Campbell
Y Canty Carter
Y Chambless Y Channell Y Childers Y Coker
Coleman, B Coleman, T Y Connell
YCox E Crawford

N Crews Y Culbreth N Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon,S Y Dobbs N Ehrhart YEpps Y Evans Y Falls
N Felton Y Floyd
Y Godbee N Golden
Goodwin Y Greene
Grindley Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Y Irvin
Y James Y Jamieson N Jenkins Y Johnson, G
Johnson, J N Johnston
Jones N Joyce NKaye N Kinnamon Y Klein
YLadd N Lakly YLane Y Lawrence YLee N Lewis N Lifsey Y Lord Y Lucas N Maddox
Mann Y Martin Y McBee Y McCall Y McClinton
McKinney N Mills
Y Mobley, B N Mobley, J N Mosley
Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote N Perry Y Pinholster
Y Polak Y Porter
Y Poston Y Powell Y Purcell, A N Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers N Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw
Y Sherrill Y Shipp
Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T Y Smith, V

Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P N Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Towery Y Trense Y Turnquest Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson Watts N Westmoreland Whitaker White Wiles Y Williams, B N Williams, J Y Williams, R Y Woods N Yates Murphy, Spkr

On the passage of the Bill, the ayes were 114, nays 34. The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, HB 680 was ordered immediately transmitted to the Senate.

HB 704. By Representative Cox of the 160th:
A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Anno tated, relating to juries, so as to change the provisions relating to the punish ment of any person who is drawn and summoned as a juror and who neglects or refuses to appear or who absents himself or herself without leave of the court; to change the provisions relating to jury clerks and other personnel.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 1, 1995

1407

A BILL
To amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relating to the punishment of any person who is drawn and summoned as a juror and who neglects or refuses to appear or who absents himself or herself without leave of the court; to change the provisions relating to jury clerks and other personnel; to change the provisions relating to written questionnaires for prospective jurors and voir dire examination; to change the provisions relating to the com pensation of jury commissioners and the clerk of the board of jury commissioners; to change the provisions relating to the compilation, maintenance, and revision of jury lists and grand jury lists; to change the provisions relating to required jury panels in civil actions; to amend certain provisions relating to demand of a jury panel from which to strike a jury in civil actions; to change the provisions relating to the required panel from which to strike a jury in a misdemeanor trial; to change the provisions relating to the fur nishing of juries with refreshments and heat; to provide for the furnishing of heat and air conditioning, privacy, furnishings, facilities, food, and beverages; to provide for additional grounds for the challenge of a prospective juror for cause; to provide for other matters relating to juries and jurors; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for alternative dispute resolution in cases in which a party is seeking a divorce or permanent alimony; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by striking Code Section 15-12-10, which reads as follows:
"15-12-10.
If any person is drawn as a juror and duly summoned to appear as such at court or summoned as a tales juror and neglects or refuses to appear or if any juror absents him self without leave of the court, the court may fine such person in a sum of not more than $40.00 unless he shows good and sufficient cause or excuse on oath filed in the clerk's office of such court within 30 days after the opening of the court, the merits of which excuse shall be determined by the court at the next succeeding term. Upon the fine being levied by the court, the clerk of the court shall issue a writ of fieri facias and shall proceed to levy the fine, the proceeds of which shall be paid into the court.", and inserting in its place a new Code Section 15-12-10 to read as follows:
"15-12-10.
If any person is drawn as a juror and duly summoned to appear as such at court, or summoned as a tales juror, and neglects or refuses to appear, or if any juror absents himself or herself without leave of the court, said neglect, refusal, or absence may, after notice and hearing, be punished as contempt of court."
SECTION 2. Said chapter is further amended by striking Code Section 15-12-11, which reads as follows:
"15-12-11.
(a) In all counties having a population of 600,000 or more according to the United States decennial census of 1990 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dis patch the work of the court. The appointments to such positions and the compensation therefor shall be determined by the judges without regard to any other system or rules, such personnel to serve at the pleasure of the judges. The salaries and expenses of the personnel and any attendant expense of administration of the courts are determined to be contingent expense of court and shall be paid as provided by law for the payment of contingent expenses. The duties of the personnel shall be as prescribed by the judges.

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(b) All prospective jurors in counties described in subsection (a) of this Code section shall be required to answer questionnaires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors. (c) In the event any prospective juror fails or refuses to answer the questionnaire, the jury clerk shall report the failure or refusal to the court together with the facts concern ing the same, and the court shall have such jurisdiction as is provided by law for sub poena, attachment, and contempt powers. (d) This Code section shall be supplemental to other provisions of law, with a view toward efficient and orderly handling of jury selection and the administration of jus tice.", and inserting in its place a new Code Section 15-12-11 to read as follows:
"15-12-11.
(a) In all counties having a population of 30,000 or more according to the United States decennial census of 1990 or any future such census, the judges of the superior court of such counties, by a majority vote of all of them, shall have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court. The appointments to such positions and the compensation therefor shall be determined by the judges without regard to any other system or rules, such per sonnel to serve at the pleasure of the judges. The salaries and expenses of the personnel and any attendant expense of administration of the courts are determined to be contin gent expenses of court and shall be paid as provided by law for the payment of contin gent expenses. The duties of the personnel shall be as prescribed by the judges. (b) All prospective jurors in all counties may be required to answer written question naires, as may be determined and submitted by the judges of such counties, concerning their qualifications as jurors. In propounding the questions, the judges may consider the suggestions of counsel. In the questionnaire and during voir dire examination, judges should ensure that the privacy of prospective jurors is reasonably protected and that the questioning by counsel is consistent with the purpose of the voir dire process. (c) In the event any prospective juror fails or refuses to answer the questionnaire, the jury clerk shall report the failure or refusal to the court together with the facts concern ing the same, and the court shall have such jurisdiction as is provided by law for sub poena, attachment, and contempt powers. (d) This Code section shall be supplemental to other provisions of law, with a view toward efficient and orderly handling of jury selection and the administration of jus tice."
SECTION 3. Said chapter is further amended by striking Code Section 15-12-24, which reads as follows:
"15-12-24.
Jury commissioners shall receive $25.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $25.00 for each day's service, to be paid in like manner. The governing authorities of the respective counties shall have the right to increase the compensation provided for above for the commissioners and clerk in an amount not exceeding $10.00 for each day's service.", and inserting in its place a new Code Section 15-12-24 to read as follows:
"15-12-24.
Jury commissioners shall receive $50.00 for each day's service in revising the jury lists, to be paid from the county treasury. The clerk of the board shall receive $50.00 to be paid in like manner. The chief judge of the superior court of the judicial circuit in which the county lies shall have the right to increase the compensation provided by this Code section for the commissioners and clerk in an amount not exceeding $100.00 for each day's service, to be paid in like manner."
SECTION 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Sec tion 15-12-40, which reads as follows:

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"(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of intelligent and upright citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Such lists shall be composed from the official registered voters list of the county as most recently revised by the county board of registrars or other county election officials. If at any time it appears to the board of jury commis sioners that the trial jury list, so composed, is not a fairly representative cross section of the intelligent and upright citizens of the county or the grand jury list, so com posed, is not a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county, the board of jury commissioners shall supplement the lists by using other sources so as to assure the trial jury list is a fairly representa tive cross section of the intelligent and upright citizens of the county and the grand jury list is a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. Nothing in this article shall be construed to pro hibit a citizen who is otherwise qualified from being included in both the trial and grand jury lists of the county. However, when a name which has already been drawn as a grand juror is also drawn for the same term as a trial juror, such name shall be returned to the trial jury box and another name shall be drawn in its stead.", and inserting in its place a new paragraph (1) to read as follows: "(1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In composing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county."
SECTION 5. Said chapter is further amended by striking Code Section 15-12-122, relating to required jury panels for civil actions, and inserting in lieu thereof a new Code Section 15-12-122 to read as follows:
"15-12-122.
(a)(l) Except as provided in paragraph (2) of this Code section, in all civil actions in t/ri6 stfl.t-6 courts, tile jud.C) ftr often, tcpn^ stiEtii wiftKC' up irowi1 IRC flrffty two pflncis of six jttrers each from the trial jttrers which shall be known ad distinguished as panels
ether ef stieh panels if the parties afree upon a panel. K the parties A net agree pe a panel, the eWk- shaft furnish the parties er their attorneys a list ef both- panels- fre wnicn uiG portics of Midi? &ttomcys nifty striKc ftitcfftfl tciy uirtii tftcrc &PC only six jwers left; whe shall constitute the jery te try the ease each party may demand a full panel of 12 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. In all cases the plaintiff shall have the first strike. (2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00, 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

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judge shall follow the procedures for superior courts of subsection (b) of this Code sec tion, (b) In all civil actions in the superior courts, the judge, at each term, shall make p
And d191ingu19nod ss p&neis nutHI DCP one" find nuxnoGF two. All civil CQSCS HI tftc supe~ fter courts shall be tried by ene er the other ef the panete if- the parties shatt agree pe
their attorneys a Kst ef both panels, from which the parties or their attorneys may strike fliicPno.tcly until tnepc QPC only ~r& jurors lett, wno snflii consiitute inc jury to try ine ease each party may demand a full panel of 24 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 24 before requiring the parties or their counsel to strike a jury. In all cases the plain tiff shall have the first strike."
SECTION 6. Said chapter is further amended by striking Code Section 15-12-123, relating to demand of jury panels from which to strike a jury in a civil action, and inserting in lieu thereof a new Code Section 15-12-123 to read as follows:
"15-12-123. (a){t) Except as provided in paragraph {2} subsection (b) of this subsection Code sec tion, in all civil actions in the state courts, each party may only demand a panel of 12 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presiding judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the par ties or their counsel to strike a jury. (b){8) In all civil actions in the state courts in which a jury of 12 is demanded, the judge shall follow the procedures for superior courts ef subsection {b} ef this Code section as provided in subsection (b) of Code Section 15-12-122.

tnc rcuiflp ponci of trifli jurors 19 fluscnt OF Ior flny FCQSOH ts dISQufliified trie ppesidni
additional competent and impartial jarers te the number ef 24 befere requiring the par ties er the counsel te strike a jury."
SECTION 7. Said chapter is further amended by striking Code Section 15-12-125, relating to required jury panels for misdemeanor trials, and inserting in lieu thereof a new Code Section 15-12-125 to read as follows:
"15-12-125. For the trial of misdemeanors in all courts, the prosecuting attorney and the accused mfly select eitneT pcinci of six of me insi JUPOPS. if tney do not s^pee upon ft" psnci, trie court shall have a panel made p ef 12 jwers t attendance, ef which each party may demand a full panel of 12 competent and impartial jurors from which to strike a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqual ified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the accused shall have the right to challenge four peremptorily, and the state two. The remaining six shall consti tute the jury."
SECTION 8. Said chapter is further amended by striking Code Section 15-12-141, which reads as fol lows:

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"15-12-141.
When the jury is confined in the investigation of a case for a length of time which exposes them to hunger and cold, the court, on application from the jury, may direct them to be furnished with such refreshments as the presiding judge may deem proper. The judge shall draw his warrant on the officer whose duty it is to audit claims against the county in which the investigation is being held, who shall order the same paid out of any funds on hand. The judge may also allow the jury heat if the circumstances require it. This Code section shall not repeal any local law on this subject.", and inserting in its place a new Code Section 15-12-141 to read as follows:
"15-12-141.
The governing authority of each county shall provide facilities for the empaneling of juries and for their deliberations. Jury deliberation rooms shall ensure the privacy of the jurors and include space, furnishings, and facilities conducive to reaching a fair verdict. The deliberation rooms shall be safe and secure. To the extent feasible, juror facilities shall be arranged to minimize contact between jurors and parties, counsel, and the pub lic. While the jury is deliberating, the presiding judge may direct them to be furnished with such food and nonalcoholic beverages as the judge shall think proper."
SECTION 9. Said chapter is further amended by striking subsection (b) of Code Section 15-12-163, relating to challenges for cause, hearing of evidence, and when objection may be made, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The state or the accused may make any of the following objections to the juror: (1) That he the juror is not a citizen, resident in the county; (2) That he the juror is under 18 years of age; (3) That he the juror is incompetent to serve as a jwe* because of mental illness or mental retardation, or that fee the juror is intoxicated; er (4) That he the juror is so near of kin to the prosecutor, the accused, or the victim as to disqualify feim the juror by law from serving on the juryvj (5) That the juror has been convicted of a felony in a federal court or any court of a state of the United States and the juror's civil rights have not been restored; or (6) That the juror is unable to communicate in the English language."
SECTION 10. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-5-1, relating to authorization of total divorces, and inserting in lieu thereof a new Code Section 19-5-1 to read as follows:
"19-5-1.
(a) Total divorces may be granted in proper cases by the superior court. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and perma nent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings. (b) In any county in which there has been established an alternative dispute resolution program pursuant to Chapter 23 of Title 15, known as the 'Georgia Court-annexed Alternative Dispute Resolution Act,' the judge may, prior to trial, refer all contested petitions for divorce or permanent alimony to the appropriate alternative dispute resolu tion method. In counties in which an alternative dispute resolution program has not been established, a judge may nonetheless refer any disputed divorce case to an appro priate alternative dispute resolution method if a method is reasonably available without additional cost to the parties."
SECTION 11. This Act shall become effective July 1, 1995.
SECTION 12. 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 sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 112, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 678. By Representatives Baker of the 70th, Bordeaux of the 151st and Orrock of the 56th:
A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employ ment for teachers, so as to provide for a salary increase for those persons who have received certification from the National Board for Professional Teaching Standards.

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 Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield E Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner
Bunn Burkhalter
YByrd Campbell
Y Canty Carter
Y Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox E Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden
Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johns ton Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Martin Y McBee
Y McCall Y McClinton Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry
Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinklield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F
Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat
Taylor Y Teague YTeper Y Thomas Y Tillroan Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall Y Watson Y Watts Y Westmoreland Y Whitaker Y White
Y Wiles Y Williams, B
Y Williams, J Y Williams, R Y Woods
Y Yates Murphy, Spkr

On the passage of the Bill, the ayes were 154, nays 1. The Bill, having received the requisite constitutional majority, was passed.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

WEDNESDAY, MARCH 1, 1995

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HB 677. By Representative Barnes of the 33rd:
A bill to amend Code Section 40-9-101, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a cer tificate of self-insurance; to change the provisions relating to the transition period in which a person operating as a self-insurer must meet certain requirements concerning cash 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 Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield E Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G N Brown, J Y Brush
Buck Y Buckner
Bunn Burkhalter YByrd Campbell Y Canty Carter Y Chambless Y Channell Y Childers Coker Y Coleman, B Y Coleman, T Y Connell YCox E Crawford

Y Crews Culbreth
Y Cummings Davis, G
Y Davis, M
Day Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris
Hart Y Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Irvin
Y James Y Jamieson
Jenkins Johnson, G Y Johnson, J Y Johnston Jones
Y Joyce Kaye Kinnamon
Y Klein YLadd N Lakly
YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Maddox
YMann Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B
Mobley, J Y Mosley Y Mueller
O'Neal
Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry
Y Pinholster 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 Rogers Y Royal
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield
Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V

Smith, W Y Smyre Y Snelling
Snow Y Stallings Y Stancil, F
Stancil, S Stanley, L Stanley, P Y Stephenson
Y Streat Taylor Teague
Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson
Y Watts N Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 129, nays 3. The Bill, having received the requisite constitutional majority, was passed.

Representative Burkhalter of the 41st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

HR 462. By Representatives Dixon of the 150th, Bordeaux of the 151st, Pelote of the 149th, Day of the 153rd, Mueller of the 152nd and others:
A resolution recognizing and commending Chairman Tommy I. Brunson, Grand Marshal Thomas J. "Tom" Mahoney, Jr., and other representatives of the Savannah St. Patrick's Day Parade Committee and inviting them to appear before the House of Representatives.

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:
Your Committee on Education has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 866 Do Pass, by Substitute
Respectfully submitted, Is/ 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 of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 765 Do Pass, by Substitute SB 55 Do Pass, by Substitute SB 125 Do Pass

SB 188 Do Pass, by Substitute SB 271 Do Pass

Respectfully submitted, /s/ Childers of the 13th
Chairman

Representative Lane of the 146th District, Chairman of the Committee on Industrial Relations, submitted the following report:

Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 618 Do Pass, by Substitute
Respectfully submitted, /s/ Lane of the 146th
Chairman

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

Mr. Speaker:

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

HB 456 Do Pass, by Substitute HB 555 Do Pass, as Amended

HB 779 Do Pass HB 824 Do Pass

WEDNESDAY, MARCH 1, 1995

1415

Respectfully submitted, /a/ Watson of the 139th
Chairman

Representative Chambless of the 163rd District, Chairman of the Committee on Judi ciary, submitted the following report:

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following rec ommendation:
HB 793 Do Pass, by Substitute
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 634 Do Pass HB 713 Do Pass HB 813 Do Pass, as Amended
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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

Mr. Speaker:

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

HR 324 Do Pass HR 417 Do Pass

HR 424 Do Pass HR 427 Do Pass

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

Representative Dobbs of the 92nd District, Chairman of the Committee on State Insti tutions & Property, submitted the following report:

Mr. Speaker:

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Your Committee on State Institutions & Property 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 916 Do Pass HR 358 Do Pass
Respectfully submitted, /s/ Dobbs of the 92nd
Chairman

Representative Benefield of the 96th District, Chairman of the Committee on Trans portation, submitted the following report:

Mr. Speaker:

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

HB 777 Do Pass HR 418 Do Pass HR 437 Do Pass

HR 438 Do Pass HR 448 Do Pass SB 318 Do Pass

Respectfully submitted, /s/ Benefield of the 96th
Chairman

Pursuant to SR 289, adopted by the House and Senate, the House adjourned until 10:00 o'clock, A.M., Monday, March 6, 1995.