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 II

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 II
1995 Atlanta, Ga.

MONDAY, MARCH 6, 1995

1417

Representative Hall, Atlanta, Georgia Monday, March 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:

Baker
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 Carter Chambless Channell Childers Coker
Coleman, B

Cox
Crawford
Crews Culbreth
Cummings
Davis, M Day DeLoach, B DeLoach, G Dix
Dobbs Ehrhart Epps
Evans
Falls Felton Floyd Godbee Good win Greene Harbin Harris Heard
Hecks tall Hembree Holland Holmes Hudson Hugley

James Johnson, J Johnston Joyce Kaye Kinnamon Klein Ladd Lakly Lane
Lee Lewis
Lifsey Lord Lucas Maddox Mann Martin McBee McCall McClinton
Mills Mobley, J Mosley O'Neal
Orrock Parrish
Parsons Pelote

Perry Polak Poston Powell Purcell, A Purcell, B Randall
Randolph Ray Reaves 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 Snelling Snow S tailings Stancil, F Streat Taylor Teague Teper Thomas Tillman Titus 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 Lawrence of the 64th, Ashe of the 46th, Mobley of the 69th, Jamieson of the 22nd, Stephenson of the 25th, Golden of the 177th, Dixon of the 150th, Davis of the 48th, Grindley of the 35th, Turnquest of the 73rd, Hanner of the 159th, Howard of the 118th, Stanley of the 50th, Porter of the 143rd, Canty of the 52nd, Connell of the 115th, Johnson of the 97th, Reichert of the 126th, Towery of the 30th, Bailey of the 93rd, Henson of the 65th, Twiggs of the 8th, McKinney of the 51st, Coleman of the 142nd, and Mueller of the 152nd.
They wish to be recorded as present.

Prayer was offered by the Reverend John Davis Marshall, Pastor, Hillcrest Church of Christ, 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.

1418

JOURNAL OF THE HOUSE,

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

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

HB 934. By Representatives Dobbs of the 92nd, Walker of the 87th and Stancil of the 91st:
A bill to provide for an additional judge of the superior court of the Alcovy Judicial Circuit.
Referred to the Committee on Judiciary.

HB 935. By Representatives Polak of the 67th, Ladd of the 59th, Sherrill of the 62nd, Teper of the 61st, O'Neal of the 75th and others:
A bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of certain local sales and use taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 936. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to amend an Act incorporating the City of Lawrenceville, so as to deannex and exclude certain property from the corporate limits of such city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 937. By Representatives Mosley of the 171st and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Blackshear, so as to change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 938. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th, Ray of the 128th and Falls of the 125th:
A bill to amend an Act creating the Civil Court of Bibb County, so as to change the civil jurisdiction of such court.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 6, 1995

1419

HB 939. By Representative Godbee of the 145th:
A bill to amend Code Section 40-6-203 of the Official Code of Georgia Annotated, relating to stopping, standing, or parking in specified places, so as to prohibit standing or parking a vehicle in a school zone where parking is prohibited to pick up or discharge passengers.
Referred to the Committee on Motor Vehicles.
HB 940. By Representative Canty of the 52nd:
A bill to amend an Act creating a new charter for the City of Union City, so as to clarify the manner in which elections are held in the City of Union City; to provide for election by a plurality of the votes cast to fill the office of mayor and to fill council seats.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 941. By Representative Godbee of the 145th:
A bill to amend Code Section 20-2-210 of the Official Code of Georgia Annotated, relating to annual performance evaluations, so as to authorize the State Board of Education to develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission; to authorize local units of administration to use such models.
Referred to the Committee on Education.
HB 942. By Representative Campbell of the 42nd:
A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic areas, memorials, and recreation, so as to provide for definitions; to designate certain state owned areas as "dark sky preserves"; to provide for rules and regulations relating to outdoor lighting in dark sky preserves; to amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of maintenance and use of public roads generally, so as to provide for definitions.
Referred to the Committee on Game, Fish & Parks.
HB 944. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the provisions relating to the compensation of the chairman.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 945. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 946. 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 procedures for appeals from police court.
Referred to the Committee on State Planning & Community Affairs - Local.

1420

JOURNAL OF THE HOUSE,

HB 947. By Representative Barnard of the 154th:
A bill to amend an Act creating a board of commissioners for Evans County, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 948. By Representative Barnard of the 154th:
A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 949. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th, Shipp of the 38th, Sauder of the 29th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator, the investigators, the chief assistant district attorney, and the assistant district attorneys.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 950. By Representatives Watson of the 139th, Walker of the 141st and Floyd of the 138th:
A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 458. By Representatives Shipp of the 38th, Klein of the 39th, Sauder of the 29th, Coker of the 31st, Wiles of the 34th and others:
A resolution consenting to the annexation of certain state owned real property located in Cobb County into the corporate limits of the City of Acworth.
Referred to the Committee on State Institutions & Property.

HR 460. By Representatives Brown of the 117th, Hart of the 116th, Howard of the 118th and Williams of the 114th:
A resolution urging the governing authority of Richmond County to take official action to resolve the issue of relocation of residents of certain areas of Richmond County affected by exposure to dangerous levels of environmental contamination.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 461. By Representatives Brown of the 117th, Hart of the 116th, Howard of the 118th and Williams of the 114th:
A resolution urging certain governmental agencies to collaborate and to integrate their efforts under the coordination of the director of the East Central Health District with a focus on resolving certain public health issues posed by environmental contamination of certain areas of Richmond County.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 6, 1995

1421

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 970. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide that the judge of such court shall be elected at nonpartisan general elections without a prior nonpartisan primary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 971. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act relating to the board of education and school superintendent of the Carroll County School District, so as to provide that members of such board shall be elected at nonpartisan general elections without a prior nonpartisan primary.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 972. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Carroll County in nonpartisan primaries and elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 973. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act entitled "An Act to provide for a special election to determine whether the members of the board of education of the Carroll County School district shall be elected rather than appointed," so as to provide for new education districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 974. By Representative Simpson of the 101st: A bill to provide for the Magistrate Court of Carroll County.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HB 902 HB 903 HB 904 HB 905 HB 906 HB 908 HB 909 HB 910 HB 913 HB 914 HB 917 HB 918 HB 919

HB 920 HB 922 HB 923 HB 929 HB 932 HB 933 HB 943 HR 447 SB 214 SB 215 SB 221 SB 251 SB 264

1422

JOURNAL OF THE HOUSE,

SB 313 SB 341 SB 369

SB 374 HB 931

Pursuant to Rule 52, Representative Childers of the 13th moved that the following Bill of the House be engrossed:

HB 931. By Representative Childers of the 13th:
A bill to amend Code Section 31-6-2 of the Official Code of Georgia Annotated, relating to definitions relative to state health planning and development, so as to change the definition of clinical health services.

The motion prevailed.

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

HB 869 Do Pass HB 872 Do Pass HB 874 Do Pass HB 877 Do Pass
HB 879 Do Pass HB 882 Do Pass HB 883 Do Pass HB 888 Do Pass

HB 893 Do Pass HB 897 Do Pass HR 420 Do Pass SB 176 Do Pass
SB 177 Do Pass SB 357 Do Pass SB 358 Do Pass SB 371 Do Pass

Respectfully submitted, /s/ Royal of the 164th
Chairman

House of Representatives Legislative Office Building, Room 504
Atlanta, Georgia 30334
Robert E. Rivers, Jr. Clerk of the House Room 309 - State Capitol Atlanta, Georgia 30334
Dear Robby:
I was not able to report to session on March 6th, due to illness. Would you make the necessary record of my absence.
Thanks.
Sincerely, /a/ June Hegstrom
State Representative 66th District
JG:le

MONDAY, MARCH 6, 1995

1423

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

HOUSE RULES CALENDAR MONDAY, MARCH 6, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 32nd Legislative Day as enumerated below:
HB 468 Magistrates; minimum compensation; computation HB 474 State travel by personal vehicle; reimbursement of expenses HB 490 Vehicle loads; maximum gross weight; point of first delivery HB 492 Marriage license issuance at satellite courthouses; pop prov HB 493 Probate courts; additional locations; population provisions HB 523 Unpaid ad valorem taxes; waive certain interest HB 528 Public Health, Department and Board of; create HB 529 Deceased intestate depositors; release of funds HB 530 Torts; certain good faith actions; liability HB 570 AFDC recipients; Jobs First Program; employers' tax credit HB 579 Workers' comp; Self-insurers Guaranty Trust Fund; amend provisions HB 595 Insurers; data processing, etc., equipment; consider as assets HB 601 State and certain other vehicles; permanent license plates HB 609 Motor carriers of property or persons; amend provisions HB 610 DUI breath test; two sequential breath samples required HB 611 Reverse drug distributors and drug researchers; registration HB 636 Poll officers in certain counties; chief manager's compensation HB 641 Transportation, State Board; expenses incurred as representative HB 653 Handicapped accessible pub facilities; compliance/ADAAG standards HB 668 Labor organizations; nonmember rep; fair share agreement
HR 334 Milledgeville, City of; convey property HR 335 Pelham, City of; lease 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 and Resolution of the House and Senate were taken up for consideration and read the third time:

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.

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

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.

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

1424

JOURNAL OF THE HOUSE,

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.

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

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 members; to change the provisions relating to compensation of the chairman and members.

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

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.

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

HB 883. By Representative Smith of the 102nd:
A bill to create the Harris County Streets and Roads Authority and to provide for the appointment of members of the Authority.

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

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.

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

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.

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

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.

MONDAY, MARCH 6, 1995

1425

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

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 chairperson 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.

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

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.

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

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.

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

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.

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

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 members 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.

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

1426

JOURNAL OF THE HOUSE,

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.

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

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

Y Ashe 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 N Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter
Chambless Y Channell Y Childers Y Coker
Coleman, B Coleman, T Connell Cox Crawford

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
Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris EHart Y Heard Y Heckstall
Hegstrom Y Hembree
Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins
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
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley 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 YRandall 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
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 Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Stanley, L E Stanley, P Y Stephenson Y Streat Y Taylor Teague YTeper Thomas Y Tillman Y Titus Y Towery YTrense Turnquest Y Twiggs Walker, L 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 Bills, the ayes were 140, nays 1. The Bills, having received the requisite constitutional majority, were passed.

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

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.

MONDAY, MARCH 6, 1995

1427

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

Y Ashe 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 N Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter
Chambless Y Channell Y Childers Y Coker
Coleman, B Coleman, T Connell
Cox
Crawford

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
Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris EHart Y Heard Y Heckstall
Hegstrom Y Hembree
Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James Y Jamieson Y Jenkins
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
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal
Orrock

E 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
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, V

Smith, W Smyre Y Snelling YSnow
Y Stalling* Y Stancil, F
Y Stancil, S Stanley, L
E Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper
Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L 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 adoption of the Resolution, the ayes were 140, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.

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

The following 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 282. By Senators Hill of the 4th, Perdue of the 18th, Edge of the 28th 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.

1428

JOURNAL OF THE HOUSE,

SB 315. By Senators Henson of the 55th, Stokes of the 43rd and Thomas of the 10th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for a short title; to provide for legislative findings and purposes; to establish the Georgia Youthbuild Program within the Department of Children and Youth Services; to provide for the authority, duties, and powers of the Department of Children and Youth Services with respect to the Youthbuild Program; to provide for participation in the Youthbuild Program.
SB 367. By Senator Walker of the 22nd:
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 the terms and qualifications of members of the Georgia Board of Chiropractic Examiners; to change the provisions relating to meetings of said board; to change the provisions relating to qualifications for examinations; to provide for temporary licenses; to provide for legislative construction and exceptions.

The Senate has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 57. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others:
A resolution creating the Joint Study Committee on Use of "911" Ambulances.

SR 121. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th and others:
A resolution creating the Joint Elder Abuse Study Commission.

SR 226. By Senator Burton of the 5th:
A resolution authorizing the leasing of certain improved property owned by the State of Georgia in Gwinnett County, Georgia.

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

SB 282. By Senators Hill of the 4th, Perdue of the 18th, Edge of the 28th 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.

SB 315. By Senators Henson of the 55th, Stokes of the 43rd and Thomas of the 10th:
A bill to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide for a short title; to provide for legislative findings and purposes; to establish the Georgia Youthbuild Program within the Department of Children and Youth Services; to provide for the authority, duties, and powers of the Department of Children and Youth Services with respect to the Youthbuild Program; to provide for participation in the Youthbuild Program.
Referred to the Committee on Children and Youth.

MONDAY, MARCH 6, 1995

1429

SB 367. By Senator Walker of the 22nd:
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 the terms and qualifications of members of the Georgia Board of Chiropractic Examiners; to change the provisions relating to meetings of said board; to change the provisions relating to qualifications for examinations; to provide for temporary licenses; to provide for legislative construction and exceptions.
Referred to the Committee on Health & Ecology.

SR 57. By Senators Kemp of the 3rd, Hooks of the 14th, Taylor of the 12th and others:
A resolution creating the Joint Study Committee on Use of "911" Ambulances.
Referred to the Committee on Rules.

SR 121. By Senators Marable of the 52nd, Dean of the 31st, Hill of the 4th and others:
A resolution creating the Joint Elder Abuse Study Commission.
Referred to the Committee on Rules.

SR 226. By Senator Burton of the 5th:
A resolution authorizing the leasing of certain improved property owned by the State of Georgia in Gwinnett County, Georgia.
Referred to the Committee on State Institutions & Property.

Representative Irvin of the 45th 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 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.

The following Bill of the House, having been postponed from a previous day was taken up for consideration and read the third time:

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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 Annotated, 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.

The following amendments were read and adopted:

Representatives Smith of the 169th, Mosley of the 171st and Byrd of the 170th move to amend HB 694 by striking line 24 on page 1 and inserting in lieu thereof the following:
"inconsistent with the laws of this state; provided, however, that nothing in this Code section shall be construed to prohibit or discourage the teaching of the tradition of civil disobedience or the celebration of the civil rights movement in this country.'"

Representatives Polak of the 67th, Smith of the 169th, Mosley of the 171st, Byrd of the 170th and Crews of the 78th move to amend HB 694 by striking line 24 on page 1 and inserting the following:
"inconsistent with the laws of this state; provided, however, that this Code section shall not be interpreted to prohibit a good faith expenditure of state funds for purposes authorized by law. The House Committee on Intra-Governmental Coordination shall have the duty and authority to oversee the provisions of this Code section.".

Representative Kaye of the 37th moves to amend HB 694 as follows: Page 1 line 19 insert after the word "Georgia" the words: "or Teachers' Retirement System of Georgia".

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
Baker Y Bannister Y Barfoot
Bargeron Y Barnard YBames
Bates YBenefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G
Y Brown, J Brush
Y Buck Buckner
Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty

Y Carter Chambless
Y Channel! 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 Y Day Y DeLoach, B
Y DeLoach, G Y Dii Y 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 Y Manner Y Harbin Y Harris E Hart Y Heard Y Heckstall
Hegstrom Y Hembree
Henson Y 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 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 Y Lucas Y Maddox
Y Mann N Martin Y McBee Y McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J

Y Mosley Y Mueller Y O'Neal N Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster N Polak Y Porter Y Poston Y Powell
PurceU, A Y PurceU, B N Randall
Y Randolph Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder

MONDAY, MARCH 6, 1995

1431

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 YSmyre Y Snelling YSnow Y Stalling!: N Stancil, F

Y Stancil, S Y Stanley, L E Stanley, P Y Stephenson Y Streat Y Taylor
Teague NTeper N Thomas Y Tillman

Y Titus Y Towery Y Trense N Turnquest YTwiggs N 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 YYates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 144, nays 20.
The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 694 was ordered immediately transmitted to the Senate.

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

HR 463. By Representatives Day of the 153rd and Thomas of the 148th:
A resolution inviting Teri Gruendl to appear before the House of Representatives.

HR 464. By Representatives Twiggs of the 8th and Shanahan of the 10th:
A resolution commending Mrs. Renva Acree and inviting her to appear before the House of Representatives.

HR 465. By Representatives Falls of the 125th and Reichert of the 126th:
A resolution commending the Tattnall Square Academy softball team and inviting the team and its coaches to appear before the House of Representatives.

HR 466. By Representatives Purcell of the 9th, Murphy of the 18th, Pinholster of the 15th and Whitaker of the 7th:
A resolution commending the North Georgia College Blue Ridge Rifles and inviting them to appear before the House of Representatives.

HR 478. By Representatives Murphy of the 18th and Lee of the 94th:
A resolution commending Mr. John W. Cox, ST., and inviting him to appear before the House of Representatives.

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

Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 695 Do Pass SB 89 Do Pass SB 138 Do Pass

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Respectfully submitted, Is/ Chambless of the 163rd
Chairman

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

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 107, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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 Annotated, 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.

The following amendment was read and adopted:

The Committee on Health and Ecology moves to amend HB 611 on page 6, Section 6, line 33, change "shall" to read "may".

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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

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

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 Annotated, relating to ad valorem taxation of property, so as to authorize tax collectors, tax commissioners, and certain other tax officials to waive certain interest due on unpaid ad valorem taxes.

MONDAY, MARCH 6, 1995

1433

The following Committee substitute was read and adopted:

A BILL
To amend Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, so as to authorize tax collectors and tax commissioners to waive certain penalties due on unpaid ad valorem taxes; to provide for procedures and conditions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county taxation, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-5-242, to read as follows:
"48-5-242.
(a) Upon written approval by the governing authority of the county in accordance with subsection (c) of this Code section, the tax collector or tax commissioner may waive, in whole or in part, the collection of any amount due the taxing authorities for which taxes are collected, when such amount represents a penalty assessed for failure to comply with the laws governing the assessment and collection of ad valorem taxes, and when the tax collector or tax commissioner reasonably determines that the default giving rise to the penalty was due to reasonable cause and not due to gross or willful neglect or disregard of the law or of regulations or instructions issued pursuant to the law. (b) In the case of penalties arising from the failure of the taxpayer to comply with the terms, conditions, or covenants required with respect to properties receiving any type of preferential assessment, the tax collector or tax commissioner shall not be authorized to waive any portion of the penalty that represents a recovery by the taxing authorities of any amount by which taxes were reduced as a result of the granting of such preferential assessment. (c) The waiver of penalties in accordance with this Code section shall be subject to the written approval of the county governing authority either on a case by case basis or by a resolution delegating the authority to the tax collector or tax commissioner to make the final determinations. Such resolution may establish rules and regulations governing the administration of this Code section and establish guidelines to be followed by the tax collector or tax commissioner when granting the penalty waivers."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 106, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, 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, minimize, and repair injury and damage resulting from catastrophic acts of nature.

The following Committee substitute was read and adopted:

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A BILL
To amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for a limitation on the liability of persons acting in good faith to prevent, minimize, and repair injury and damage resulting from catastrophic acts of nature; 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 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, is amended by adding, following Code Section 51-1-29.1, a new Code Section 51-1-29.2 to read as follows:
"51-1-29.2. Any natural person who voluntarily and without the expectation or receipt of compensation provides services during a time of emergency and in a place of emergency as declared by the Governor for the benefit of any individual to prevent, minimize, and repair injury and damage to property resulting from catastrophic acts of nature, including fire, flood, earthquake, wind, storm, or wave action, shall not be liable to any individual receiving such assistance as a result of any act or omission in rendering such service if such person was acting in good faith and unless the damage or injury was caused by the willful or wanton negligence or misconduct of such person."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 108, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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 Annotated, 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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.

MONDAY, MARCH 6, 1995

1435

The following Committee substitute was read and adopted:

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; to provide for longevity increases and increases based upon increases for employees in the classified service; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, is amended by striking in its entirety Code Section 15-10-23, relating to mini mum compensation and annual salary for magistrates, and inserting in lieu thereof a new Code Section 15-10-23 to read as follows:

"15-10-23.

(a)(l) As used in this Code section, the term 'full-time cap

means a work week

of no less than 40 hours. Unless otherwise provided by local law and except as other

wise provided in paragraphs (2) and (3) of this subsection, the chief magistrate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount

fixed in the following schedule:

Population

Minimum Salary

6--------o.UUU........................................................................... IP 6006------H099............................................................................. 12006------19099............................................................................. 20,000------29099............................................................................. 36066------39099............................................................................. 46066------49099............................................................................. 60,000------00,090............................................................................. 100,000----199099............................................................................. 200,000----299099............................................................................. 300 000 or more
0 -- 5,999 ..............................................................l.Z...... $ 6.000 -- 11.889............................................................................. 11,890 -- 19.999............................................................................. 20.000 -- 28.999............................................................................. 29,000 -- 38,999............................................................................. 39.000 -- 49.999............................................................................. 50.000 -- 74.999............................................................................. 75.000 -- 99,999............................................................................. 100.000 -- 149.999 ............................................................................ 150.000 -- 199,999............................................................................. 200.000 -- 249.999............................................................................. 250.000 -- 299,999............................................................................. 300.000 or more...................................................................................

6,912.00 10,300.00 11,742.00 18,126.00 16,692.00 17,010.00 18,060.00 23,681.00 31,476.00 34 27fj 00
10J397.00 14.510.00 16.318.00 18,130.00 20.772.00 22,285.00 23.819.00 25.015.00 29.891.00 31,507.00 38,386.00 39,168.00 41,818.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1986 1990 or any future such census. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office.

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(2) Unless otherwise provided by local law, effective January 1^ 1997, the chief magis trate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5,999. 6.000 -- 11,889.. 11,890 -- 19,999.. 20.000 -- 28,999.. 29.000 -- 38.999.. 39,000 -- 49,999.. 60.000 -- 74,999.. 75.000 -- 99.999.. 100.000 -- 149.999.. 150,000 -- 199,999.. 200.000 -- 249,999.. 250.000 -- 299.999.. 300,000 or more ........

13.882.00 18.720.00 20.894.00 23.135.00 25.952.00 27.560.00 29.578.00 31.970.00 36.201.00 39.433.00 45.297.00 46.861.00 49.361.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such cen sus. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time; but no chief magistrate's compensation or supplement shall be decreased during any term of office (3) Unless otherwise provided by local law, effective January lj 1998, the chief magis trate of each county who serves in a full-time capacity other than those counties where the probate judge serves as chief magistrate shall receive a minimum annual salary of the amount fixed in the following schedule:

Population

Minimum Salary

0 -- 5.999....................................... ..................................... $ 6,000 -- 11,889 ....................................... ...................................... 11,890 -- 19,999............................................................................. 20,000 -- 28,999 ....................................... ...................................... 29,000 -- 38,999....................................... ...................................... 39,000 -- 49,999............................................................................. 50,000 -- 74,999....................................... ...................................... 75,000 -- 99,999............................................................................. 100,000 -- 149,999 ............................................................................. 150,000 -- 199,999....................................... ...................................... 200,000 -- 249,999.............................................................................
250,000 -- 299,999....................................... ...................................... 300.000 or more............................................. ......................................

17.366.00 22.930.00 25.471.00 28.139.00 31.131.00 32,836.00 35.337.00 38.924.00 42.511.00 47.359.00 52,207.00 54,555.00 56.903.00

The minimum salary for each affected chief magistrate shall be fixed from the above table according to the population of the county in which the chief magistrate serves as determined by the United States decennial census of 1990 or any future such cen sus. The county governing authority may supplement the minimum annual salary of the chief magistrate in such amount as it may fix from time to time: but no chief magistrate's compensation or supplement shall be decreased during any term of office. (b) All other chief magistrates shall receive a minimum monthly salary equal to the hourly rate which a full-time chief magistrate of the county would receive multiplied bj the number of actual working hours of the chief magistrate. {b}(c) Unless otherwise provided by local law, each magistrate who serves in a full-time capacity other than the chief magistrate shall receive a minimum monthly salary of

MONDAY, MARCH 6, 1995

1437

$260.00 $2,599.95 per month or 90 percent of the monthly salary of the chief magistrate, whichever is less. All other magistrates shall receive a minimum monthly salary of the lesser of $15.00 per hour or 90 percent of the monthly salary of the chief magistrate: provided, however, that notwithstanding any other provisions of this subsection, no mag istrate who serves in less than a full-time capacity shall receive a minimum monthly sal ary of less than $400.00. The salary of- each magistrate ether than the chief magiotratc may be supplemented by the county governing authority The county governing authority may supplement the minimum annual salary of each magistrate in such amount as it may fix from time to time; but no such magistrate's compensation or supplement shall be decreased during any term of office. {e)(d) Magistrates shall be compensated solely on a salary basis and not in whole or in part from fees; and the salaries and supplements of all magistrates shall be paid in equal monthly installments from county funds. {d)(e) The General Assembly may by local law fix the compensation of any or all of a county's magistrates.
{e)(f) Notwithstanding the provisions of subsection (a) of this Code section, unless oth erwise provided by local law, in any county in which more than 70 percent of the popu lation according to the United States decennial census of 4986 1990 or any future such census resides on property of the United States government which is exempt from taxa tion by this state, the minimum annual salary ef the chief magistrate shall fee $2,600.00, which minimum animal satey may fee supplemented fey the county governing authority as ether casesi and the salary ef each magistrate ether -than -the chief magistrate -shall fee feed fey the eewriy governing authority without regard te- the minimum specified fey this Code section, the population of the county for purposes of subsection (a) of this Code section shall be deemed to be the total population of the county minus the popula tion of the county which resides on property of the United States government,
ffi(g) During the term of office of any chief magistrate or magistrate whose salary is supplemented by the county governing authority, the chief magistrate or magistrate shall be entitled to the greater of the current salary, including any supplement by the county governing authority, or the minimum annual salary stated in subsection (a) of this Code section but in no event to both.
{g}(h) This Code section shall not apply to any chief magistrate who is also serving as a judge of a civil court which is provided for in Article VI, Section I, Paragraph I of the Constitution of the State of Georgia of 1983. In such case, the salary of such chief magistrate shall be as provided by the local governing authority of the county.
{h}(i) The salaries and supplements of senior magistrates shall be paid from county funds at a per diem rate equal to the compensation paid to the magistrate of the county; provided, however, that the minimum annual and monthly salaries provided for in this Code section shall not necessarily apply to senior magistrates.
(j) The amounts provided in subsections (a) and (c) of this Code section, as increased by subsection (k) of this Code section, shall be increased bjf multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any chief magistrate or magistrate where such terms have been completed after December 31, 1995, effective the first day of January following the com pletion of each such period of service.
(k) On and after January lj 1996, whenever the employees in the classified service of the state merit system receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts provided in subsec tions (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the appli cation of longevity increases pursuant to subsection (j) of this Code section shall be increased by a percentage or an amount not to exceed the average percentage or average

1438

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amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (j) of this Code section, as authorized by this subsection, shall become effective on the first day of January following the date that the cost-of-living increases or general performance based increases received by state employees become effective; provided, however, that if the cost-of-living increases received by state employees become effective on January 1^ such periodic changes in the amounts provided in subsections (a) and (c) of this Code section and the amounts derived by increasing each of said amounts through the appli cation of longevity increases pursuant to subsection (j) of this Code section, as autho rized by this subsection, shall become effective on the same date that the cost-of-living increases or general performances based increases received by state employees become effective."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

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

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

Y Smith, W YSmyre Y Snelling YSnow Y Stallings Y Stancil, F
Stancil, S Y Stanley, L E Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Towery YTrense
Turnquest YTwiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmorland Y Whitaker Y White Y Wiles
Williams, B Williams, J Y Williams, R -Y Woods Yates Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were. 119, nays 24.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

MONDAY, MARCH 6, 1995

1439

Representatives Bostick of the 165th, Coleman of the 142nd, Reaves of the 178th, Royal of the 164th, Smith of the 169th and Falls of the 125th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

The Speaker Pro Tern assumed the Chair.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, 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 subdivisions; to provide for exceptions; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registra tion and licensing of motor vehicles, is amended by striking in its entirety Code Section 40-2-37, relating to the registration and licensing of vehicles of state and political subdivi sions, and inserting in lieu thereof a new Code Section 40-2-37 to read as follows:
"40-2-37.
(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functionSj except those employed in secret investiga tory police functions to which regular Georgia license plates are issued^ shall be regis tered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the depart ment, agency, political subdivision, or branch thereof to which such vehicle is to be reg istered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed appli cation for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehiclesT Stteh license plates shall be replaced trt suoii time fts otiicr license picttcs ISSUCQ ior privfltc vcfiicics AFO FCQUIFcQ TO DC
PCp IfiCCQ *
(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue shall provide

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for permanent registration and shall issue permanent license plates for such vehicles. The permanent license plates issued pursuant to this subsection shall be of a distinctive color or design and shall bear thereon the word 'permanent.' Such plates may be trans ferred as provided for in subsection (d) of this Code section. Permanent license plates for new vehicles purchased and owned by the state or any municipality or other political subdivision of this state purchased after January 1^ 1996, shall be issued within 30 days of the purchase of such vehicle. Permanent license plates shall be issued for vehicles owned by the state or any municipality or other political subdivision of this state on January lj 1996, at such time as other license plates issued for private vehicles are required to be replaced. {b)(c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHOR ITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip. {eXd) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction or fcaaaign incut of re19trflwtott to fluotncp vehicle suojcct to rei9trfttioft under tnis oodc section* If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and fur nished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registra tion lists maintained by the Department of Revenue. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered. {dMe) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor. {e}(f) This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January 1; 1083 January lj 1996."
SECTION 2. This Act shall become effective on January 1, 1996.
SECTION 3. All laws and parts of laws in conflict .with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by 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 Bordeaui

Y Bostick Y Breedlove Y Brooks, D

MONDAY, MARCH 6, 1995

1441

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
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 Y Floyd
Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris E Hart Y Heard Y Heckstall
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
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 YOrrock EParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster

Y Polak Y Porter YPoston Y Powell Y Purcell, A
Y Pureell, B Randall
Y Randolph YRay
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins YShanahan YShaw 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 Y Smith, W Smyre Y Snelling

Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L E 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 YWall 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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

YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connelt YCox Y Crawford Y Crews Y Culbreth Cummings Y Davis, G Y Davis, M Day

Y DeLoach, B
Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart
YEpps Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin
Harris
EHart

Y Heard
Y Heckstall 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 Y Lakly
YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox - YMann Y Martin Y McBee YMcCall Y McClinton
McKinney
Y Mills Y Mobley, B
Mobley, J Y Mosley

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JOURNAL OF THE HOUSE,

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
Purcell, B

Randall Y Randolph
Ray Y Reaves
Reichert 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 Y Smith, L Y Smith, P
Smith, T Y Smith, V Y Smith, W YSrnyre Y Snelling YSnow Y Stallings
Stancil, F

Y Stancil, S Stanley, L
E Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest
Twiggs

Walker, L Y Walker, R.L YWall
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 143, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

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

The Speaker assumed the Chair.

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".

The following Committee substitute was read:

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 provide for conditions and procedures regard ing 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"; to provide for definitions; to provide for standards and eligibility for such program; to provide for functions of the Department of Human Resources; to provide for employer participation, duties, and reimbursement; to provide for supplemental payments; to provide for termina tion of program participants; to provide for suspension of assistance; to provide for

MONDAY, MARCH 6, 1995

1443

Medicaid eligibility; to provide for case management; to provide for reports; to provide for waivers and effective dates; to provide for automatic repeal; 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 imposition and rate of income taxes, is amended by adding at the end thereof the follow ing:
"48-7-42.
(a) As used in this Code section, the term: (1) 'AFDC recipient' means a person who receives assistance as defined in Code Sec tion 49-4-101. (2) 'Employer' means any employer upon whom an income tax is imposed by this chapter.
(b) A tax credit against the tax imposed by this chapter shall be granted to an employer who first employs an AFDC recipient after July 1, 1995. The amount of the credit shall be as follows:
(1) If the AFDC recipient is compensated at $4.00 or more above the hourly rate of the federal minimum wage, the credit shall be 40 percent of the first $7,000.00 in wages paid annually for such person; (2) If the AFDC recipient is compensated at less than $4.00, but more than $3.00 above the hourly rate of the federal minimum wage, the credit shall be 25 percent of the first $7,000.00 in wages paid annually for such person; and (3) If the AFDC recipient is compensated at $3.00 or less above the hourly rate of the federal minimum wage, the credit shall be 20 percent of the first $7,000.00 in wages paid annually for such person. (c) A tax credit under this Code section shall not exceed the amount of the employer's income tax liability for the taxable year as computed without regard to this Code sec tion. Any such excess credit may be carried over and claimed during the period of five years after the taxable year for which the credit is claimed until the credit is exhausted. (d) No credit may be claimed under this Code section for the employment of any AFDC recipient for whom a credit has been claimed by any one or more employers for a period of 36 months. (e) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee and provide written evidence of the employee's wages, which may include but not be limited to copies of the AFDC recipient's W-2 forms prepared by or for the employer, and evidence of the employee's receipt of AFDC assistance during the period for which the credit is claimed, which evi dence of receipt the employer may require of the employee as a condition of employ ment. (f) A credit cannot be claimed pursuant to this Code section for any job which could not be made available through the Jobs First Program under subsection (h) of Code Sec tion 49-4-118 because of Section 3304(a)(5) of the Federal Unemployment Tax Act. (g) This Code section shall be automatically repealed January 1, 2001."
SECTION 2. Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," is amended by adding at the end the following Code section:
"49-4-118.
(a) As used in this Code section, the term: (1) 'AFDC' means assistance under this article. (2) 'Cash assistance' means the money payment component of assistance. (3) 'Participant' means any person required to participate in the program. (4) 'Program' means the 'Jobs First Program.' (5) 'Recipient' means a person to whom cash assistance may be paid.

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JOURNAL OF THE HOUSE,

(b) The department shall conduct a program, in accordance with this Code section and any applicable federal waivers, which shall be known as the Jobs First Program. The program shall test the effects of replacing cash assistance with paid employment. During the test, cash assistance to persons employed through the program shall be reduced in ten counties, as designated by the commissioner of human resources with the approval of the Governor. Persons otherwise eligible for assistance shall participate in the pro gram unless exempted by this Code section. The program shall assign participants to wage-paying public and private sector jobs designed to increase their self-sufficiency and improve their competitive position in the work force. (c) The department shall amend the AFDC state plan to incorporate the program for the participating counties. The department shall administer the program and promul gate state regulations for operation of the program. In administering the program, the department shall actively encourage both public and private employers to utilize pro gram participants and ensure that, to the extent feasible, program job assignments match participant skills and experience with the needs of employers. (d) Any resident of the participating counties who is 18 years of age or older and is a recipient shall participate in the program unless exempted by this Code section. Noncustodial nonsupporting parents of AFDC children shall participate in the program in order to meet their child support obligations. Participating county residents between 16 and 18 years of age who are in high school shall be exempt from mandatory partici pation in the program, but shall be eligible for summer work in the program. Recipients of Supplemental Security Income shall be exempt from participation in the program. Any AFDC resident of a participating county who is working at least 30 hours per week in a job that is not subsidized under the program shall be exempt from participation in the program.
(e)(l) Participants in the program shall be entitled to employment in program jobs which, over a four-week period, average 40 hours per week. Employers shall pay the participant at least the federal or state minimum wage, whichever is higher, for every participant hour worked. (2) For each participant hour worked, the department shall reimburse the employer at an hourly rate determined by multiplying by one-half the monthly cash assistance for which the participant is otherwise eligible and dividing the result obtained by 175. An employer may not receive such reimbursement for more than 24 months for any participant. (3) For the first four weeks during which a participant works in a program job assign ment, the participant shall continue to receive the same cash assistance as was received immediately prior to beginning such work, after which time all cash assist ance to the recipient and dependents thereof shall cease for the duration of employ ment in such work assignment.
(4) Any participant may, with good cause as determined by the Department of Human Resources, choose to terminate participation in a program job assignment; and any participating employer may, at any time, choose to terminate the use of a partici pant in accordance with regulations of the department. The department shall endeavor to keep such terminations to a minimum and, when they occur, to provide expeditiously new jobs for the participants and new participants for the employers.
(5) Assignment of participants to available jobs shall be made on the basis of a prefer ence schedule developed by the department. A recipient required to participate in the program who, without good cause, does not accept a program job offered to the recipi ent, shall:
(1) For the first refusal be denied cash assistance for one month for the recipient;
(2) For the second refusal be denied cash assistance for three months for the recipi ent; and
(3) For the third refusal be denied cash assistance for 24 months for the recipient after the expiration of which 24 month period the recipient will be deemed to have no prior job refusal.
The department shall specify what constitutes good cause for purposes of this subsec tion, and this shall include, without being limited to, temporary illness of the recipient

MONDAY, MARCH 6, 1995

1445

or dependent child, any court mandated appearance, and temporary unavailability of transportation. The denial of cash assistance pursuant to this subsection shall be an action subject to notice, opportunity for hearing, and judicial review under Code Section 49-4-13.
(f) Program participants who are eligible for Medicaid at the time they enter the pro gram shall remain eligible for Medicaid so long as they continue to participate. Partici pants needing child care shall be provided child care through the program. (g) Every employer in this state shall be eligible for assignment of program participants, but no employer shall be required to utilize such participants. Employers shall provide on-the-job training to the degree necessary for the participants to perform their duties. Employers also shall recruit volunteer mentors from among their regular employees to assist the participants in becoming oriented to work and the workplace. Employers shall ensure that jobs made available to program participants are in conformity with Section 3304(a)(5) of the Federal Unemployment Tax Act, which requires that the job offered cannot be available as a result of a strike or labor dispute, that the job cannot require the employee to join nor prohibit the employee from joining a labor organization, and that program participants are not used to displace regular workers, nor to fill unfilled positions previously established. The job must also be one for which the program wage is not substantially less than the wage paid for similar jobs in the local community, (h) Case management services under the program in the participating counties shall actively assist persons eligible to participate in the program in finding unsubsidized employment first and, if unable to find unsubsidized employment within a reasonable time as determined by the Department of Human Resources for a participant, shall assign the participant to a subsidized job under the program. (i) Annually during the period of the program, the department shall report the status and progress of the program to the General Assembly and the Governor. Six months before the end of the period of the program, the department shall submit a written report to the General Assembly and the Governor containing a full and complete description and analysis of program operations and results. Such report shall include recommendations from the department as to the potential for state-wide implementation of the program. (j) A recipient whose employment earnings make such person ineligible for receiving cash assistance shall continue to be eligible for Medicaid for a period of 24 months from the date of such ineligibility. (k) This Code section shall be automatically repealed January 1, 2001."
SECTION 3. No later than July 1, 1995, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement Section 2 of this Act.
SECTION 4. Section 2 of this Act shall become effective only if the waivers required under Section 3 of this Act are obtained and in that event shall become effective upon the ninetieth day following receipt of such waivers. The remainder of 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:

Representatives Crews of the 78th and Irvin of the 45th move to amend the Committee substitute to HB 570 by striking "to provide for waivers" at the end of line 17 of page 1 and inserting in its place the following:
"to prohibit the denial of assistance under the Act to families wherein the principal wage earner is employed 100 hours a month or more; to provide for waivers".
By adding between lines 26 and 27 of page 6 the following:

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JOURNAL OF THE HOUSE,

"SECTION 2.1.
Said article is further amended by adding at the end a new Code section to read as fol lows:
'49-4-119.
In a home in which both parents of a child are living, assistance may not be denied solely upon the basis that the principal wage earner in the home is employed 100 hours a month or more."'
By striking "Section 2" and inserting "Sections 2 and 2.1" on lines 30 and 33 of page 6.

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

Y Ashe Y Bailey N Bakei Y Bannister N Barfoot N Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, G Y Brown, J Y Brush NBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty Y Carter
Chambless Y Channell Y 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 Y DeLoach, B Y DeLoach, G YDix N Dixon, H Y Dixon, S
Dobbs YEhrhart N Epps Y Evans
Y Falls Y Felton
Floyd
N Godbee Y Golden Y Goodwin Y Greene Y Grindley N Manner Y Harbin Y Harris EHart N Heard N Heckstall
Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N Hudson

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

E Parham N Parrish Y Parsons
Pelote Y Perry Y Pinholster YPolak Y Porter Y Poston
Powell
Y Pureell, A Y Pureell, B
NRandall N Randolph
YRay Y Reaves Y Reichert N Roberts N Rogers N Royal
Y Sanders Y Sauder N Scoggins Y Shanahan NShaw N Sherrill Y Shipp N Simpaon N Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Y Smith, P Y Smith, T N Smith, V

On the adoption of the amendment, the ayes were 106, nays 57. The amendment was adopted.

Y Smith, W N Smyre Y Snelling
Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L E Stanley, P N Stephenson Y Streat N Taylor
N Teague N Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest
YTwiggs 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

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read and adopted:

Representative Lucas of the 124th moves to amend the Committee substitute to HB 570 as follows:
On page 2, line 1, delete the word "after" and insert in lieu thereof the word "effective".

MONDAY, MARCH 6, 1995

1447

O"(ng)"p.age 2, line 38, after the word "subsection," delete "(h)" and insert in lieu thereof
On page 4, line 4, after the word "and" delete the number "18" and insert in lieu thereof the number "19".

The following amendment was read:

Representative Evans of the 28th moves to amend the Committee substitute to HB 570 by adding immediately following the semicolon on line 6 of page 1 the following:
"to amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, so as to change the provi sions relating to penalties; to provide a short title;".
By adding immediately following line 42 of page 2 the following:
"SECTION 1.1.
Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, is amended by inserting at the end thereof the following:
'(d)(l) This subsection shall be known and may be cited as the "Two Strikes and You're Off Act."
(2) Any person convicted of an offense stated in this Code section shall, upon the first such conviction, be ineligible to receive any form of public assistance or food stamps for a period of one year. For a second such conviction, such person shall be barred from receiving any form of public assistance or food stamps in this state for life; pro vided, however, that nothing in this subsection shall be construed so as to preempt any other law or regulation which would require an earlier denial of such benefits.'"
By striking "Section 2" and inserting "Sections 1.1 and 2" on lines 30 and 33 of page 6.

The following amendment was read and adopted:

Representative Ladd of the 59th moves to amend the Evans amendment to the Committee substitute to HB 570 as follows:
Delete line 8 the words "food stamps," Delete line 16, the words "food stamps," Delete line 22 and 23 the words "or food stamps" Delete line 25 the words "or food stamps".

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

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

N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush N Buck Y Buckner Y Bunn

Y Burkhalter Y Byrd Y Campbell N Canty Y Carter Y Chambtess Y Channell Y Childers Y Coker Y Coleman, B N Coleman, T

N Connell Y Cox Y Crawford Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G

Y Dix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee

1448

JOURNAL OF THE HOUSE,

Y Golden Y Goodwin
Greene Y Grindley N Hanner Y Harbin Y Harris EHart N Heard N Heckstall
Hegstrom Y Hembree N Henson Y 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 YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin
N McBee McCall
N McClinton 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 Y Perry Y Pinholster Y Polak N Porter Y Poston
Powell Y Purcell, A Y Purcell, B N Randall N Randolph
YRay N Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder

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

N Taylor N Teague N Teper N Thomas
Tillman N 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

On the adoption of the amendment, the ayes were 100, nays 67. The amendment was adopted.

Representative Lucas of the 124th moved that HB 570 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 44, nays 126. The motion was lost.

E Parham N Parrish N Parsons Y Pelote N Perry N Pinholster
N Polak N Porter N Postal N Powell N Purcell, A N Purcell, B Y Randall Y Randolph NRay N Reaves N Reichert Y Roberts N Rogers Y Royal N Sanders N Sauder N Scoggins
N Shanahan NShaw Y Sherrill N Shipp
Y Simpson Y 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 Y Smyre N Snelling
Snow N Stallings Y Stancil, F N Stancil, S Y Stanley, L E Stanley, P Y Stephenson N Streat Y Taylor Y Teague Y Teper
Y Thomas 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

MONDAY, MARCH 6, 1995

1449

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
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 N 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 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 YGodbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris EHart Y Heard Y Heckstall
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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann N Martin Y McBee Y McCall
McClinton McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
N Orrock

E 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 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 Y Smith, T Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L E Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y 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 163, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

By unanimous consent, HB 570 was ordered immediately transmitted to the Senate.

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

Mr. Speaker:

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

HR 78 Do Pass HR 80 Do Pass HR 100 Do Pass, as Amended HR 102 Do Pass

HR 172 Do Pass HR 277 Do Pass, as Amended HR 319 Do Pass

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JOURNAL OF THE HOUSE,

Respectfully submitted, /s/ Coleman of the 142nd
Chairman

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

MONDAY, MARCH 6, 1995

1451

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
The following Resolutions of the House were read and adopted:
HR 469. By Representatives Mueller of the 152nd, Coleman of the 142nd, Breedlove of the 85th, Coleman of the 80th, Smith of the 169th and others: A resolution commending the Atlanta Chapter of the National Railway His torical Society.
HR 470. By Representative Smith of the 109th: A resolution expressing regret at the passing of Malcolm R. Smith.
HR 471. By Representatives Day of the 153rd and Thomas of the 148th: A resolution commending Teri Gruendl.
HR 472. By Representative Poston of the 3rd: A resolution commending the band members of Collective Soul.
HR 473. By Representatives Poston of the 3rd and Snow of the 2nd: A resolution commending Randy Hale.
HR 474. By Representatives Childers of the 13th and Chambless of the 163rd: A resolution commending James G. Ledbetter.
HR 475. By Representative Reichert of the 126th: A resolution commending Gary E. Mann.
HR 476. By Representatives Coleman of the 80th, Breedlove of the 85th, Goodwin of the 79th, Johnson of the 84th, Johnston of the 81st and others: A resolution commending R. David McCleskey.
HR 477. By Representatives Lee of the 94th, Watson of the 139th, Buck of the 135th, Culbreth of the 132nd and Coleman of the 142nd: A resolution commending the GeorgiaNet Authority.
HR 479. By Representatives Brooks of the 54th, Teague of the 58th and Davis of the 48th: A resolution commending Mr. Horace Tribble.
HR 480. By Representatives Brooks of the 54th and McKinney of the 51st: A resolution in memory of Dovie Touchstone Patrick.

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JOURNAL OF THE HOUSE,

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

HB 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.

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 91, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of maintenance and use of public roads generally, so as to change the allowed weight limitation on vehicles hauling certain commodities; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the regulation of maintenance and use of public roads generally, is amended by striking in its entirety subsection (g) of Code Section 32-6-26, relating to the weight of vehicle and load, and inserting in lieu thereof a new subsection to read as follows:
"(g)(l) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a national highway, or when making a pickup or delivery on any public road of a county road system, without a permit when the load on any single axle does not exceed 23,000 pounds and the maximum total gross weight of the vehicle and load does not exceed 76,000 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the owner's place of busi ness, plant, plantation, or residence within the county where originally eat er the adjoining county; (B) Hauling live poultry or cotton from a farm to a processing plant located m th same or a adjoining county; (C) Hauling feed from a feed mill to a farm located kt the same county or a adjoining county; or (D) Hauling granite, either block or sawed for further processing, from the quarry to a processing plant located in the same or an adjoining county.

MONDAY, MARCH 6, 1995

1453

(2) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle."
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 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, HB 490 was ordered immediately transmitted to the Senate.

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.

The following Committee substitute was read and adopted:

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 addi tional terms; to provide considerations determining granting of a certificate generally with respect to motor common carriers of passengers or household goods; to provide for the issuance of a certificate to operate a motor common carrier or motor contract carrier with out a hearing under certain conditions; to change the provisions relating to requirement of applicants to obtain security bonds, indemnity insurance, or self-insurance before being issued a certificate to operate as a motor common carrier; to change the provisions relating to temporary emergency authority to operate as a motor common carrier; to change the provisions relating to motor carriers subject to registration and licensing; to change the provisions relating to registration and insurance for motor common carriers and motor con tract carriers engaged solely in interstate commerce; to change the provisions relating to the authority of the Public Service Commission to prescribe reasonable rates, fares, and charges for motor common carriers and motor contract carriers; to repeal certain provisions relating to the carrying of mail, parcels, and packages by motor carriers; to repeal certain provisions relating to railroad companies as motor carriers; to change the provisions relat ing to the authority of the Public Service Commission to promulgate rules for safety for motor carriers; to change the provisions relating to the authority of the Public Service Commission to employ and compensate enforcement personnel; to change the provisions relating to the effect of certificates for motor common carriers; to change the provisions relating to the applicability of certain laws pertaining to motor common carriers engaged in both interstate and intrastate commerce; to change the provisions relating to the certifi cate of public convenience and necessity requirement for motor contract carriers; to change the provisions relating to requirement as to obtaining security bonds or indemnity insur ance before issuance of a certificate to operate as a motor contract carrier; to provide for

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temporary emergency authority to operate as a motor contract carrier; to change the provi sions relating to registration permits of vehicles engaged in exempt commodity intrastate commerce; to change certain provisions relating to the applicability of certain laws pertain ing to motor contract carriers engaged in both interstate and intrastate commerce; to repeal certain provisions relating to motor vehicle safety inspections; to provide for the regulation of motor carriers of property; to provide for the authority of the Public Service Commission with respect to the regulation of motor carriers of property; to provide for permits for motor carriers of property; to provide for registration and insurance for motor carriers of property engaged in interstate commerce; to provide for fees for motor carrier of property permits for motor carriers of property; to provide for proceedings before the Public Service Commission and for judicial review; to provide for refusal or revocation of permits for motor carriers of property; to provide for requirements for obtaining security bonds, indemnity insurance, or self-insurance before issuance of permits for motor carriers of property; to provide that motor carriers of property shall be subject to vehicle registra tion and licensing; to provide for the designation and maintenance of agents for service on nonresident motor carriers of property; to authorize the Public Service Commission to examine the records of motor carriers of property; to require motor carriers of property to observe size, weight, and speed laws; to authorize the Public Service Commission to promulgate rules for safety for operators of motor vehicles; to authorize the Public Service Commission to adopt rules and orders to enforce the provisions of this Act relating to motor carriers of property; to provide for enforcement personnel to enforce the provisions of this Act relating to motor carriers of property; to provide for additional powers of the Public Service Commission and for the delegation of powers; to provide for hearings; to provide for enforcement; to provide for certain injunctive relief; to provide that certain actions shall be prima-facie evidence of a violation of laws and regulations applicable to motor carriers of property; to make it unlawful to violate the provisions of this Act relat ing to the regulation of motor carriers of property; to provide a penalty; to authorize the Public Service Commission to establish a collective rate-making procedure for all motor carriers of property; to authorize the Public Service Commission to issue certificates, per mits, and other required documentation in such form and manner, including electronic transmittal, as such commission by rule may prescribe; to change the provisions relating to limitation of actions against motor common carriers for recovery of overcharges; to pro vide procedures for the collection of charges by shippers; to change the provisions relating to adjustment and payment by motor common carriers of claims for loss of property or overcharge for freight; to repeal certain provisions relating to the transportation of live stock and domestic animals by motor common carriers; to repeal certain provisions relating to the transportation of gunpowder, dynamite, or other explosives; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in its entirety Code Section 46-1-1, relating to defi nitions applicable to said title, and inserting in lieu thereof a new Code Section 46-1-1 to read as follows:
"46-1-1.
As used in this title, the term: (1) 'Air carrier' means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation or a carrier affiliated with an air carrier through common controlling ownership when such carrier is transporting prop erty by aircraft or by motor vehicle, whether or not such property has had or will have prior or subsequent air movement. Any air carrier or operator of a vehicle operated b_ an air carrier shall, in addition to any other requirement of Georgia law, comply with Article 5 of Chapter 7 of this title. {1}(2) 'Carrier' means a person who undertakes the transporting of goods or passen gers for compensation.

MONDAY, MARCH 6, 1995

1455

'Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission pursuant to this title.
'Commission' means the Public Service Commission. 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. {&}{) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission.
{6)(7) 'For hire' means an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under com mon control with a motor carrier or motor carrier of property who shall offer to fur nish transportation for compensation. (8) 'Household goods' means:
(A) Personal effects and property used or to be used in a dwelling or residence and such other similar property as the commission may provide by regulation; provided, .owever, that this subparagraph shall not be construec to include property moving from a factory or store, except such property as the louseholder or occupant has purchased with intent to use in his or her dwelling and which is transported at the request of, and the transportation charges are paid to the carrier by, the house
holder or occupant; (B) Furniture, fixtures, equipment, and property of stores, offices, museums, insti tutions, hospitals, or other establishments when such items are a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments and such other similar property as the commission may pro vide by regulation; provided, however, that this subparagraph shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee,
other than used furniture and used fixtures, except when transported as incidental to moving of the establishment, or a portion thereof, from one location to another; and
(C) Articles, including objects of art, displays, and exhibits, which because of their unusual nature or value require the specialized handling and equipment usually employed in moving household goods and such other similar articles as the commis sion may provide by regulation; provided, however, that this subparagraph shall not
be construed to include any article, whether crated or uncrated, which does not, because of its unusual nature or value, require the specialized handling and equip ment usually employed in moving household goods. (9) 'Motor carrier' means every person and the lessees, receivers, or trustees of such person owning, controlling, operating, or managing any motor propelled vehicle used
in the business of transporting for hire persons or property, or both, otherwise than over permanent rail tracks, on the public highways of this state. (10) 'Motor carrier of property' means a for-hire motor carrier engaged in transporting property, except household goods. The term 'motor carrier of property' includes a
motor carrier of property's agents, officers, and representatives as well as employees responsible for hiring, supervising, training, assigning, or dispatching of driver and employees concerned with the installation, inspection, and maintenance of motor vehi cle equipment or accessories. The term also includes air carriers as defined in this
Code section. Except as otherwise provided in this subparagraph, the term 'motor car rier of property' shall not include:
(A) Trucks, drays, or other motor vehicles transporting property which operate within the corporate limits of municipalities and are subject to regulation by the
governing authorities of such municipalities. This exception shall apply to any dray, truck, or other motor vehicle which operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the com mission and which goes beyond the corporate limits of such city only for the pur pose of hauling chattels which have been seized under any court process; (B) Granite trucks where transportation from the quarry to the finishing plant
involves crossing not more than two counties;

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(C) Motor vehicles owned and operated exclusively by the United States govern ment or"b"y this state or any political subdivision thereof; (D) Motor vehicles engaged exclusively in the transportation of agricultural or dairy productsTor both, between farm and market, gin, warehouse, or mill, whether such motor vehicle is owned Ey the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this subparagraph, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this subpara graph, the term 'agricultural or dairy~products' includes fruit, livestock, meats, fer tilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy su >plies including products of grove or orchard, poultry and eggs, fish and oysters, am timber or logs being hauled by the owner thereof or the owner's agents or emp oyees between forest and mill or primary place of manufacture; provided, however, that motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commission only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (15) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transpor tation of unmanufactured forest products shall have two amber side marker reflec tors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted b^ the commission shall be subject to legislative review in accordance with the provisions of Code Sec tion 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the mean ing of Code Section 46-2-30; or (E) Motor trucks of railway companies which perform a pickup and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city. (11) 'Motor carrier of property permit' means a document issued by the commission to motor carriers of property and air carriers as set forth in Article 5 of Chapter 7 of this title. ffl(12) 'Motor contract carrier and motor common carrier' means as follows: (A) 'Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city. (B) 'Motor common earned means every person owning, controlling, operating, er managing ay mete* propelled vehicle, and the leaoocs, receivers, er trustees ef jeh person, used the business ef transporting for hwe ef persona er property, * both,
OW1CFW18G ulQXi OVd pCfWiflHCWt FB.ll trftCKSj Oft WIG pUDllC fllilWfly9 Or vjCOrglfl ft9 ft
common (B) 'Motor common carrier' means every person and the lessees, receivers, or trust ees of such person owning, controlling, operating, or managing any motor propelled vehicle holding itself out to the general public to provide motor vehicle transporta tion for compensation over regular or irregular routes, or both. (C) Except as otherwise provided in this subparagraph, the terms 'motor common carrier' and 'motor contract carrier' shall not include:
(i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs; drays, trucks, and buses; and ete* meter vehicles which operate solely within the corporate limits of municipalities and are subject to regulation

MONDAY, MARCH 6, 1995

1457

by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their reg ular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits] and te y dray ef track which operates within the corporate limits ef a city and is suDject/ to PCuiftiion oy trie jovcmin^f Qutnonty of sucn city or oy tftc commis sien and which gees beyond the corporate limits ely for the purpose ef hauling chattels which have been seized ander any court process; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and handicapped passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property dam age. For the purposes of this division, elderly and handicapped passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or dis ability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Granite trucks, where transportation frem qaarry te finishing plant involves net croaaing mere than twe counties;

shftH set cany passengers en a route ateng which another meter carrier ef- posscn-
^vuj--JViotOF (PUCKS of Ffliiwfly compctnies wriicri perform & picK~up find delivery service i connection with their freight train service, between their freight termi nate and points net mere than ten miles distant, when either the freight terminal er sttch points, er both, are outside the limits ef an incorporated eityj (viii) Motor vehicles owned and operated exclusively by the United States govcrnment er by this state er any subdivision thereof;
source ie&sin wiicrc Dy d I6tsin conipfliiy whose priniflpy Dusmess is
equipment and drivers in a single transaction te a private carrier. Saeh arrangemeirt ts pPC9umed to result tft pnvflte cflpfift^e oy tfte sftipp^f it tttc PCQUifemeRu^ enumerated below are met and subject enly te the commission's transportation aafcty rules:
\TT-- i ne iectse Bfiust DC Feuuced to wntm 6tDu ft copy mftititfimco. on trie ICQSGO vehicle at aH times daring the term ef the lease; (II) The peried fer which ttie lease applies must be ne less than 30 days; (III) The tease agreement mast provide, and the surrounding facts mast reflect^ that the leased equipment is oKcluaivcly committed te the lessee's ase fer the
wJFDft Or in.e leflSC}
(IV) The tease agreement must provide, and the surrounding facts mast reflect, uiox uurin^ wic repi& of tne leflse trie lessee flccepts, possesses, AHQ exerciscs exclusive uomimoR &DU COHWOI over trie icdseci CQUipuiein flnd Assumes com~ plctc responsibility fer the operation ef th equipment; (V) The lessee must maintain public liability insurance and accept rcsponaibil-
tation service conducted by the lessee with the equipment daring the terra- eftrie lecise^ (VI) The lessee shall display appropriate identification en aH equipment teased by it showing operation by the lessee daring the performance ef the transports-
tlOHJ

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L ne lessee must Accept Fosponsiointy IOF( fttid DCQF trie cost anee with safety regulations daring performance by the lessee of any swish transportation acrvices! and
right ef action the lessee ay have against the teaser fer the tatter's negligence; () Motor vchiclca engaged CKcluaivcly in the transportation ef agricultural er
SUCH DftOtOF VCnlClC iS OWnCd Dy tne OWneF OF pFOOXlCeF Or SUCn 8FlCUltUF/ftx OF
poses of tins division, tne term pFoduccF includes & iftndiopd wnere tne pel&tioiis of lojiuiOFd &nd tenftnt OF iAndlord &nd cropper &Fe involved. /vs used m tnis divi~
wood, lumber, cotton, and naval stores; household goods and aupplica transported
products of rove OF oFcn&Pd^ poultry And e^^sj iisft And oysters^ ftltd timoeF OF

eter vchiclca with a manufacturer's greas weight rated capacity ef 44,000 pounds er mere engaged aolcly in the transportation ef unmanufactured fereat products
nViflll hr gnhif^ft tn tVio f'! pfiTffiA T^Arpat T*rnHni~tg Tinwlri n if B,n1pg whii^ti gVtnll HP
adopted and promulgated by the commission ottfy for application te seh vehicles and vehicles defined in aubporagraph {A) ef paragraph {tt) ef this Code section;
gress weight rated capacity of 10,001 pounds er mere engaged aolcly in the transpOFtfltion Or uzimftnui&ctuped roFcst products stiftit tiflve two &mDeF side niflFHer
ftud *ne FCflFmost support tor trie loftd. AH sucri retiectors sii&ii oe not less tttftft few inehes in diameter. Seh jtea and any amendments thereto adopted by tiie commiaaion shall be subject te legislative review in accordance with the provisions ef Code Section 46' 2 30, and; fer the purposes ef such Kites and ny amendments wicrcto^ trie octiflte \jomni11tee on JN&tuFcu nesouFce9 &nd tne i louse OODSmittoe en Natural Resources and Environment shaH be the appropriate committees within the meaning ef said Code Seetien 46-2-30. !Fhe first aaeh ratea adopted by the commiasien shall be effective Jly 1; 1001; (xi) Motor vehicles engaged in the transportation ef unmanufactured agricultural products, dairy products, poultry and processed poultry, nuracry stock, sod gfass?

including ieedstuti inredientst pFOVIded tnflt sucn venicies do not ndui OF tFflnsTM
frem &e regulations ef the commission; meter vehicles commonly knewn as tew tracks er wreckers, designed and exclusively aed in the business ef tewing aban doned; disabled, and wrecked vehicles and replacement vehicles therefor er otherwise rendering fissistonce TO &ocindoner^ ctisft'Died, cind wrccKed veniciesj except tnftt ftny opeFQtOF of sucn d venicie is Fep^vnred o Fe^isteF tne exempt opeFfltion with the commission, register and identify any ef its vchiclea, and become subject te the commiaaion'a liability insurance and vehicle and hazardous materials safety
(xii) Motor vehicles engaged in compensated intercorporate hauling whereby tFftnspoFtfttion of property 18 provided oy ft person wno is ft memoer ot & COFPOTM rate famny fer ether members ef saeh corporate family, provided:
/T\ Thp nnrr nt cnTT\nrni"i nn Tintifipq tVif* pnTnrntq^irin nf itq intfTri' nr thn int/'nt
ef ene ef the subsidiaries te provide the transportation; (II) The notice containa a liat ef participating subsidiaries and an affidavit that tie parent corporation ewns directly er indirectly a 169 percent interest in eaeh ef the subsidiaries;
transportation; and

MONDAY, MARCH 6, 1995

1459

^Jl V /--i ftc trftttspoPtfltion entity of tiie coppop&te i&ixiiiy re19tePS tiie compenTM sated intercorporate hauling operation with the commission, registers and idcntitles Aiiy OT tt& vetticieSj dud Dccomes suujcct to tiie commission s iiQoility insurance and aeter carrier and hozardoua materials transportation ratesr Fer the purpose el this division, the term 'corporate family' means a g*eap ef- eerporations consisting ef a parent corporation and all subsidiaries in which the pareat corporation owns directly e* indirectly a 190 percent interest; (xiii) Vehicles, except limousines, transporting net mere than ten persons for hire, except tiiftt flny opePfitOP of sucii & venicie ts PCQUIPCQ to register tue exempt opcpTM
subject te the commission's liability insurance and vehicle safety rates; (xiv) Any damp truck er transit miser vehicle used exclusively in the tronaporta-
matcrials, plant mi* concrete, er read base materials; except that any operator ef sucfi t vehicle ts rcQuireci to register trie exempt opepfl11on witn tue commissiont
liability insurance and vehicle and hazardous materials safety rates; er tevKv) Ambulances; (vi) Motor vehicles owned and operated exclusively by the United States govern ment or by this state or any subdivision thereof; (vii) Vehicles, except limousines, extended limousines, sedans, and vans driven by commission permitted chauffeurs transporting not more than 15 persons for hire inclusive of the drivers, except that any operator of such a vehicle is required to register such exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehi cle safety rules; or (viii) Motor carriers of property; provided, however, that motor carriers of prop erty shall be considered to be common carriers under Chapter 9 of this title. {8K13) 'Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not neces sary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his vehicle by his permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger. {&H14) 'Permit' means a registration permit issued by the Public Service Commission authorizing interstate transportation for hire in Georgia ander authority granted by the Interstate Commerce Commission er interstate transportation for hire exempt from the jurisdiction of the Interstate Commerce Commission er intrastatc transportatien for hire exempt frera the jurisdiction ef the P-abKe Service Commission. {tOKIS) 'Person' means any individual, partnership, trust, private or public corpora tion, municipality, county, political subdivision, public authority, cooperative, associa tion, or public or private organization of any character. {H)(16) 'Private carrier' means every person except motor common carriers or motor contract carriers owning, controlling, operating, or managing any motor propelled vehi cle, and the lessees or trustees thereof or receivers appointed by any court whatsoever, used in the business of transporting persons or property in private transportation not for hire over any public highway in this state. The term 'private carrier' shall not include: (A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; provided, however, that motor vehicles not for hire with a manu facturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject only to the Geor gia Forest Products Trucking Rules provided for in division (7)(C)(x) subparagraph (D) of paragraph (9) of this Code section; (B) Motor vehicles not for hire engaged solely in the transportation of road-building materials;

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(C) Motor vehicles not for hire engaged solely in the transportation of unmanufac tured agricultural or dairy products between farm; and market, gin, warehouse, or mill whether such vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer; or (D) Except for the motor vehicles excluded under subparagraph (C) of this para graph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's gross vehicle weight rating of 10,000 pounds or less and which are transporting haz ardous materials, as the term 'hazardous materials' is defined in the Federal Haz ardous Materials Regulations contained in Title 49 C.F.R., Parts Wh 171-178, and 177-178 as amended, shall be included within the meaning of the term 'private car rier.' (t3}(17) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. {i3)(18) 'Railroad corporation' or 'railroad company' means all corporations, compa nies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of railroad in this state, as well as to railroad corporations and railroad compa nies as defined in this Code section. 14K19) 'Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. 4tf)(20) 'Utility' means any person who is subject in any way to the lawful jurisdic tion of the commission. {J6K21) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the Public Service Commission but does not include any vehicle, locomotive, or car operated exclusively on a rail or rails or any trolley bus operated by electric power derived from a fixed overhead wire furnishing local passenger transportation similar to street-railway service."
SECTION 2. Said title is further amended by striking in its entirety Code Section 46-7-7, relating to considerations determining granting of certificate generally with respect to motor common carriers, and inserting in lieu thereof a new Code Section 46-7-7 to read as follows:
"46-7-7.
(a) The commission shall issue a certificate of public convenience and necessity to a per son authorizing transportation as a motor common carrier of passengers or household goods subject to the jurisdiction of the commission if it finds that:
(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encom passes three factors:
(A) The applicant's financial ability to perform the service it seeks to provide; (B) The applicant's capability and willingness to perform properly and safely the proposed service; and (C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission; and (2) Based on evidence presented by the applicant supporting the issuance of the cer tificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need. (b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant. (c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity.

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(d) The commission shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application. (e) A protest of a motor carrier of property er ef- passengers or of household goods to an application will not be considered unless the protesting carrier:
(1) Possesses authority from the commission to handle, in whole or in part, the com modity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or (2) Has pending before the commission an application previously filed with the com mission for substantially the same authority; or (3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant. (f) The commission may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed."
SECTION 3. Said title is further amended by striking in its entirety Code Section 46-7-10, relating to hearing on application for certificate of public convenience and necessity with respect to motor common carriers, and inserting in lieu thereof a new Code Section 46-7-10 to read as follows:
"46-7-10.
The commission, upon the filing of a petition for a certificate of public convenience and necessity, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are published. T-he appli
CCUlv 3nnx 1VG Ait CO1HM1Of) CflFMdfS Dy Pftli Of HlOlOT Ift t/flC 1CTT1tOFy 9OUflt tO o 8CFVCt
at least te days' notice in writing and make proof thereof te the commission. If no pro test is filed with the commission or if the protest is subsequently withdrawn, the com mission may issue the certificate without a hearing."
SECTION 4. Said title is further amended by adding at the end of Code Section 46-7-12, relating to requirement of applicant to obtain security bond, indemnity insurance, or self-insurance before being issued a certificate to operate as a motor common carrier, a new subsection (f) to read as follows:
"(f) The form and manner of such bond or policy of insurance as provided in this Code section shall be as set forth in rules established by the commission."
SECTION 5. Said title is further amended by striking in its entirety Code Section 46-7-13, relating to temporary emergency authority to operate as a motor common carrier, and inserting in lieu thereof a new Code Section 46-7-13 to read as follows:
"46-7-13.
Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points; or within a territory; with respect to which there is no satisfactory motor common carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropri ate fee as fixed by statute, the commission, under the authority of this Code section, may, in its discretion and without a hearing or other prior proceeding, grant to any per son temporary motor common carrier authority fer to provide such service. The order granting such authority shall contain the commission's findings supporting its determi nation under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commission finds necessary with respect to such authority. Unless otherwise provided in this Code section, such emergency temporary motor common carrier authority, unless suspended or

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revoked for good cause within such period, shall be valid for such time as the commis sion shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor common carrier granted temporary emergency motor common carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common carrier authority corresponding to that authorized in its tem porary emergency authority, the temporary emergency motor common carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period: Ne 8eh emergency
general commodities (D where there exists certificated intrastatc general commodity motof COWMHOH courier service T flnu iFOHft tne points, or witnin tnc tcrritory, invoivcQ
if-; following notice te the intrastatc general commodity eter common carriers seh manner 8 *J*e commission by rate shall provide, any existing certificated general commoQrty motof comDIOR Cfli*FICF iilcs sppiicfttioH tor temporftry emeFency flutiionty T perform the service seeded and dcmonatratca that it is ready; willing, and able te previde seh service promptly, fe any gfaat ef emergency temporary meter common earner &utnofity) notice ot trie oi*cic? r the commis8ion sti&ir Q serves on trie ccr1111Cftter CftrTM er or carriers m seh manner s the commission by reile shall provide."
SECTION 6. Said title is further amended by striking in its entirety Code Section 46-7-15, relating to motor carriers subject to registration and licensing, and inserting in lieu thereof a new Code Section 46-7-15 to read as follows:
"46-7-15.
(a) Except as otherwise provided in this Code section, before any motor common carrier engaged in exempt commodity passenger intrastate commerce as provided for in subparagraph (C) of paragraph ?} (12) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commission by making application therefor on forms supplied by the commis sion and paying a $25.00 filing fee. The application shall show the commodities er opera tions claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commission on a form provided by the commission and payment of a $5.00 filing fee. (b) Every motor common carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the com mission for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such cer tificate or permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of Janu ary of the next succeeding year. (c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code sec tion, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common carrier operating such vehicle first having obtained the

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annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. (e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common carrier, or on the equipment of a motor common carrier, or on the right of a motor common carrier to operate such equipment, or on any incidents of the business of a motor common car rier."
SECTION 7. Said title is further amended by striking in its entirety Code Section 46-7-16, relating to registration and insurance for motor common carriers engaged solely in interstate com merce, and inserting in lieu thereof a new Code Section 46-7-16 to read as follows:
"46-7-16.
\&) Jjciorc jxccpt ts oIiicrwise pFOviucci tft tins fc>odc section, DCiore s.ny motor comHIon carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall first: obtain from the commission or from the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by fed eral law. (b) Before any motor carrier engaged solely in interstate operations exempt from regula tion by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia Public Service Commission by mak ing application therefor on forms supplied by the commission and paying a $25.00 fil ing fee. Applications for registration shall ahow every certificate er permit of authority
applicont'a interstate operations i tins state; otj the ease of motor common carriers exempt frem regulation by the Interstate Commerce Commission, the application shall shew the commodities or opcrationa claimed te be exempt and the routes or area ever which such carriers shall operate in this state. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by applica tion to the commission on forms supplied by the commission and payment of a $5.00 filing fee; (2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use dur ing the course of the year, before the vehicle is put into use, make application to the commission for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commission may by rule or regu lation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identifica tion and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the pro tection in respect to their own passengers and cargoes. {b)(c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements con tained in subsection {a} (b) of this Code section, register vehicles operated in Georgia

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as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered; and upon such payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. {e)(d) Where a carrier has not previously qualified with the commission to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for abeve in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commis sion as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle. {d>(e) Nothing in this Code section shall limit the authority of the Georgia Public Ser vice Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91. {eKf) It shall not be necessary for any motor common carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the public highways of this state."
SECTION 8. Said title is further amended by striking in its entirety Code Section 46-7-18, relating to authority of Public Service Commission to prescribe reasonable rates, fares, and charges for motor common carriers, and inserting in lieu thereof a new Code Section 46-7-18 to read as follows:
"46-7-18.
The commission shall prescribe just and reasonable rates, fares, and charges for trans portation by motor common carriers of passengers; baggage, and property household goods and for all services rendered by motor common carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such man ner and on such notice as the commission may prescribe. Such tariffs shall also be sub ject to change on such notice and in such manner as the commission may prescribe. In order to carry out the purposes of this Code section, including the publication and main tenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish a collective rate-making procedure for all tranaportatiea for which it has heretofore prescribed fates carriers of passengers and household goods. Failure on the part of any motor common carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancella tion of said carrier's operating authority by the commission."
SECTION 9. Said title is further amended by striking and repealing in its entirety Code Section 46-7-21, relating to the carrying of mail, parcels, and packages, which reads as follows:
"46-7-21.
Motor common carriers may, as an incident to their business, carry mail, parcels, and packages under such rules and regulations as may be prescribed by the commission.", and inserting in lieu thereof the following:
"46-7-21.
Reserved."
SECTION 10. Said title is further amended by striking and repealing in its entirety Code Section 46-7-25, relating to railroad companies as motor common carriers, which reads as follows:

MONDAY, MARCH 6, 1995

1465

"46-7-25.
Railroad companies operating in this state are authorized to operate motor vehicles for hire upon public highways in this state, provided that they obtain from the commission a certificate under this article. As to such motor vehicles, such railroad companies shall be considered motor common carriers under this article and shall be subject to all of the provisions of this article. Railroad companies operating in this state are also autho rized to own the whole or any part of the capital stock of a corporation or corporations organized or operating as a motor common carrier. No railroad company, and no com pany whose stock is owned by a railroad company, shall be granted a certificate of pub lic convenience and necessity under this article without such proof as would be required by an independent motor common carrier.", and inserting in lieu thereof the following:
"46-7-25.
Reserved."
SECTION 11. Said title is further amended by striking in its entirety Code Section 46-7-26, relating to the authority of the Public Service Commission to promulgate rules for safety for motor common carriers, and inserting in lieu thereof a new Code Section 46-7-26 to read as fol lows:
"46-7-26.
The commission shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materi als. Any such designed te promote safety, ad any sack safety rules and regulations promulgated or deemed necessary by sweh the commission shall include the following:
(1) Every motor writ vehicle and all parts thereof shall be maintained in a safe condi tion at all times; and the lights, brakes, and equipment shall meet such safety require ments as the commission shall from time to time promulgate; (2) Every driver employed by to operate a motor vehicle for a motor common carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common carri ers shall be reported to the commission in such detail and in such manner as the com mission may require; and (4) The commission shall require every motor common carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the com mission."
SECTION 12. Said title is further amended by striking in its entirety Code Section 46-7-28, relating to the authority of the Public Service Commission to employ and compensate enforcement personnel, and inserting in lieu thereof a new Code Section 46-7-28 to read as follows:
"46-7-28.
(a) The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this article, the salaries for such employees to be fixed by the commission. The traveling expenses of the commis sion and its employees incurred in the implementation of this article shall be paid out of the funds derived under this article. (b) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public high ways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicle common carriers, and to arrest all persons found in violation thereof. In addition and incidental to the powers of enforcement personnel to

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inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the public highways by motor contract carriers, such enforcement personnel shall have the responsibility and power to arrest any person who is commit ting an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Con
tArocltl.e"d' Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug

SECTION 13. Said title is further amended by striking in its entirety Code Section 46-7-34, relating to the effect of certificates for motor common carriers granted under prior laws, which reads as follows:
"46-7-34.
All certificates of public convenience and necessity granted under the 'Motor Carrier Act of 1929' or under Article 2 of this chapter, the 'Motor Carrier Act of 1931,' shall con tinue in force and effect until revoked by the commission or surrendered by the hold ers.", and inserting in lieu thereof a new Code Section 46-7-34 to read as follows:
"46-7-34.
(a) All certificates of public convenience and necessity to operate as a motor common carrier or motor contract carrier of passengers or household goods issued prior to Janu ary 1, 1995, shall continue in full force and effect until revoked by the commission or surrendered by the holder thereof. (b) All certificates of public convenience and necessity authorizing transportation of property, except household goods, and all registration permits for intrastate exempt commodity transportation that were in effect on December 31, 1994, shall be deemed null and void as of midnight December 31, 1994, and revoked by operation of law effec tive January 1, 1995. Persons holding certificates of public convenience and necessity authorizing transportation of property, except household goods, and persons holding reg istration permits for intrastate commodity transportation that were in good standing and in full compliance with the laws of Georgia and the rules and regulations of the commis sion on December 31, 1994, may continue to operate as motor carriers of property pend ing issuance of a motor carrier of property permit pursuant to Code Section 46-7-101, provided said carriers continue to comply with the laws of Georgia and the rules and regulations of the commission regarding insurance, registration of vehicles, and safety, including the transportation and handling of hazardous materials. (c) All persons holding certificates of public convenience and necessity authorizing transportation of property, except household goods, and all persons holding registration permits for intrastate exempt commodity transportation issued prior to January 1, 1995, who desire to continue to operate in Georgia as motor carriers of property shall make application to the commission for a motor carrier of property permit pursuant to the provisions of Code Section 46-7-101. The application shall be filed on or before July 15, 1995, on a form supplied by the commission. The commission shall issue a motor carrier of property permit if the application is complete and the applicant demonstrates compli ance with the laws of Georgia and the rules and regulations of the commission regarding insurance and safety, including the transportation and handling of hazardous materials. The permit shall be issued without fee and shall authorize operations through December 31, 1995. The permit shall thereafter be renewed annually by filing a renewal application on a form supplied by the commission and paying a renewal fee of $50.00. The commis sion may establish, by rule or order, staggered registration dates. (d) Any person holding a certificate of public convenience and necessity authorizing transportation of property issued prior to January 1, 1995, and any person holding a reg istration permit for intrastate exempt commodity transportation issued prior to January 1, 1995, who does not apply for a motor carrier of property permit on or before July 15, 1995, shall be deemed to have surrendered all rights to operate as a motor carrier for hire in this state and may not operate any motor vehicle as a motor carrier on or over any public highway of this state without first securing a motor carrier of property

MONDAY, MARCH 6, 1995

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permit from the commission upon application and payment of the required application fee."
SECTION 14. Said title is further amended by striking in its entirety Code Section 46-7-36, relating to applicability of certain laws pertaining to motor common carriers to carriers engaged in both interstate and intrastate commerce, and inserting in lieu thereof a new Code Section 46-7-36 to read as follows:
"46-7-36.
In circumstances where a motor common carrier is engaged in both interstate and intra state commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the Georgia Public Service Commission shall have the power of regulating the interstate commerce of such motor common carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-142 ad 46-7-18 through 46-7-21 46-7-20, and 46-7-23 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provi sions of this article so far as they separately relate to commerce carried on in this state."
SECTION 15. Said title is further amended by striking in its entirety Code Section 46-7-53, relating to certificate of public convenience and necessity requirement for motor contract carriers gen erally, and inserting in lieu thereof a new Code Section 46-7-53 to read as follows:
"46-7-53.
(a) No motor contract carrier of passengers or household goods shall operate without first obtaining from the commission, after a hearing under this article, a certificate of public convenience and necessity, pursuant to findings to the effect that the public interest requires such operation. (b) The commission may issue the certificate applied for or issue it for the partial exer cise of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in the judgment of the commission, the public interest may require. (c) The commission may at any time, after notice and opportunity to be heard, suspend, revoke, alter, or amend any certificate issued under this article, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the orders, rules, or regulations prescribed by the commission, any provision of this article, or any other law of this state regulating or taxing motor vehicles, or if, in the opinion of the commission, the holder of such certificate is not furnishing adequate ser vice, or if it is no longer compatible with the public interest to continue the certificate in force, or if the continuance of the certificate is not in conformity with the spirit and purpose of this article. (d) Any such certificate may be transferred or hypothecated upon application to and approval by the commission, and not otherwise, provided that no transfer under this article shall be permitted so as to destroy competition or create monopoly. (e) Nothing in this article is to be construed as requiring a private carrier to become a common carrier. (f) The commission shall issue a certificate of public convenience and necessity to a per son authorizing transportation as a motor contract carrier of passengers or household goods subject to the jurisdiction of the commission if it finds that:
(1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encom passes three factors:
(A) The applicant's financial ability to perform the service it seeks to provide; (B) The applicant's capability and willingness to perform properly and safely the proposed service; and

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(C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission; and (2) Based on evidence presented by the applicant supporting the issuance of the cer tificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need. (g) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant, (h) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity, (i) The commission shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application. (j) A protest of a motor carrier of property ef of passengers or household goods to an application will not be considered unless the protesting carrier: (1) Possesses authority from the commission to handle, in whole or in part, the com modity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or (2) Has pending before the commission an application filed with the commission for substantially the same authority; or (3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant. (k) The commission may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed."
SECTION 16. Said title is further amended by striking in its entirety Code Section 46-7-56, relating to hearing on application for certificate of public convenience and necessity with respect to motor contract carriers, and inserting in lieu thereof a new Code Section 46-7-56 to read as follows:
"46-7-56.
The commission, upon the filing of a petition for a certificate of public convenience and necessity, shall fix a time and place for a hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in the newspaper in Fulton County in which sheriffs' notices are published.
1 TIC COQftlfiiSSlOR Sllftll CLU36 ft COpy Or tn& pCtltlOtt tHQ ttOtlCC Or ul& ilCfl]flH tO wC
served, at least te days before th hearing, upon every earner ef- passengers or property (or htte; including railroads, operating d rendering service in the territory proposed te DC served Dy trie pctitionet OF ftpp11Cft111 IOF ft ccFtitico.te ot convcmoncc emu necessity te operate the same territory, ad- upon the State Transportation Beardr If no protest to an application for a certificate is filed with the commission, or if the protest is subse quently withdrawn, the commission may issue the certificate without a hearing."
SECTION 17. Said title is further amended by adding at the end of Code Section 46-7-58, relating to the requirement as to obtaining security bond or indemnity insurance before issuance of a certificate to operate as a motor contract carrier, a new subsection (f) to read as follows:
"(f) The form and manner of such bond or policy of insurance as provided in this Code section shall be as set forth in rules promulgated by the commission."
SECTION 18. Said title is further amended by adding between Code Sections 46-7-58 and 46-7-59 a new Code Section 46-7-58.1 to read as follows:
"46-7-58.1.
Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and

MONDAY, MARCH 6, 1995

1469

urgent need to a point or points or within a territory with respect to which there is no satisfactory motor contract carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by law, the commission, under the authority of this Code section, may, in its discretion and without a hearing or other prior proceeding, grant to any person tem porary motor contract carrier authority to provide such service. The order granting such authority shall contain the commission's findings supporting its determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commission finds necessary with respect to such authority. Unless otherwise provided in this Code section, such tempo rary emergency motor contract carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the commission shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor contract carrier granted temporary emergency motor contract carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for perma nent motor contract carrier authority corresponding to that authorized in its temporary authority, the temporary emergency motor contract carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period."
SECTION 19. Said title is further amended by striking in its entirety Code Section 46-7-60, relating to registration permit of vehicle engaged in exempt commodity intrastate commerce, and inserting in lieu thereof a new Code Section 46-7-60 to read as follows:
"46-7-60.
(a) Except as otherwise provided in this Code section, before any motor contract carrier engaged in exempt commodity passenger intrastate commerce as provided for in subparagraph (C) of paragraph {7} (12) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commission by making application therefor on forms supplied by the commis sion and paying a $25.00 filing fee. The application shall show the commodities or opera tions claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commission on a form provided by the commission and payment of a $5.00 filing fee. (b) Every motor contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the com mission for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such cer tificate or permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of Janu ary of the next succeeding year. (c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code sec tion, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor contract carrier operating such vehicle first having obtained such

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annual registration and license or temporary vehicle registration permit as provided in subsections (a), (b), and (c) of this Code section, the motor contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle."
SECTION 20. Said title is further amended by striking in its entirety Code Section 46-7-61, relating to requirements as to registration and insurance for motor contract carriers engaged in inter state commerce, and inserting in lieu thereof a new Code Section 46-7-61 to read as fol lows:
"46-7-61.
(a) Before Except as otherwise provided i this Code section, before any motor contract carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall first; obtain from the commission or from the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by fed eral law. (b) Before any motor carrier engaged solely in interstate operations exempt from regula tion by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first:
(1) Secure a registration permit from the Georgia Public Service Commission by mak ing application therefor on forms supplied by the commission and paying a $25.00 fil ing fee. Applications for registration shall show every certificate or permit ef- authority issued te the applicant by the Interstate Commerce Commission with regard te th applicant's interstate operations this state; or-, in the ease f interstate eter e-
application shall shew the commodities er operations claimed te be exempt d th *etes er a*e ever which such carriers shall operate this state. A carrier's registra tion shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commission on forms supplied by the commission and payment of a $5.00 filing fee; (2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use dur ing the course of the year, before the vehicle is put into use, make application to the commission for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commission may by rule or regu lation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identifica tion and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the pro tection in respect to their own passengers and cargoes. {b}(c) Motor contract carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other vehicle registration and identification provisions contained in subsection {a} (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered;

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and, upon such payment, the commission shall issue an emergency, temporary, or triplease vehicle registration permit. {e)(d) Where a carrier has not previously qualified with the commission to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and then has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection {b} (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commis sion as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor eetraet carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle regis tration permit provided for in this Code section, the motor contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identifi cation of such vehicle. {d)(e) Nothing in this Code section shall limit the authority of the Georgia Public Ser vice Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91. {e)(f) It shall not be necessary for any motor contract carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the public highways of this state."
SECTION 21. Said title is further amended by striking in its entirety Code Section 46-7-63, relating to authority of the Public Service Commission to prescribe reasonable rates, fares, and charges for motor contract carriers, and inserting in lieu thereof a new Code Section 46-7-63 to read as follows:
"46-7-63.
4a)-The commission shall prescribe just and reasonable rates, fares, and charges for transportation by motor contract carriers of passengers; baggage, and property household goods and for all services rendered by motor contract carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such man ner and on such notice as the commission may prescribe. Such tariffs shall also be sub ject to change on such notice and in such manner as the commission may prescribe. In order to carry out the purposes of this Code section, including the publication and main tenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish a collective rate-making procedure for all carriers of passengers and household goods. Ne motor contract carrier shall contract te carry at a greater er lesser

the commission Failure on the part of any motor carrier to comply with this Code sec tion or the rules and regulations promulgated under this Code section may result in the suspension or cancellation of said carrier's operating authority by the commission. \v)--1ft order to cflrry out inc purposcs of wiis oooc sectionr tnciuuin^ tnc puDUCQtion and maintenance ef jast; reasonable, totdt nondiacriminatory fates and charges, the eemmiasion shall catabliah a collective rate-making procedure for aH transportation for which it has heretofore prescribed rates. Failure e the part of any meter contract earfief te comply with this Code section er the rules and regulations promulgated nder tilt9 vjOClc section infly result tft suspension OP cflnceiiQtion of sflid cflmer s opefstin^f authority by the commisaion."
SECTION 22. Said title is further amended by striking and repealing in its entirety Code Section 46-7-65, relating to the carrying of mail, parcels, and packages, which reads as follows:
"46-7-65.

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Motor contract carriers may, as an incident to their business, carry mail, parcels, and packages under such rules and regulations as may be prescribed by the commission.", and inserting in lieu thereof the following:
"46-7-65.
Reserved."
SECTION 23. Said title is further amended by striking and repealing in its entirety Code Section 46-7-67, relating to railroad companies as motor contract carriers, which reads as follows:
"46-7-67.
Railroad companies operating in this state are authorized to operate motor vehicles for hire upon public highways in this state, provided that they obtain from the commission a certificate under this article. As to such motor vehicles, such railroad companies shall be considered motor contract carriers under this article and shall be subject to all of the provisions of this article. Railroad companies operating in this state are also authorized to own the whole or any part of the capital stock of a corporation or corporations organized or operating as a motor contract carrier. No railroad company, and no com pany whose stock is owned by a railroad company, shall be granted a certificate of pub lic convenience and necessity under this article without such proof as would be required by an independent motor contract carrier.", and inserting in lieu thereof the following:
"46-7-67.
Reserved."
SECTION 24. Said title is further amended by striking in its entirety Code Section 46-7-68, relating to the authority of the Public Service Commission to promulgate rules for safety for motor contract carriers, and inserting in lieu thereof a new Code Section 46-7-68 to read as fol lows:
"46-7-68.
The commission shall have the authority to promulgate rules designed te promote safety, and any and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such safety rules and regulations promulgated or deemed necessary by the commission shall include the following:
(1) Every motor writ vehicle and all parts thereof shall be maintained in a safe condi tion at all times; and the lights, brakes, and equipment shall meet such safety require ments as the commission shall from time to time promulgate; (2) Every driver employed by to operate a motor vehicle for a motor contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of the motor contract carriers shall be reported to the commission in such detail and in such manner as the commission may require; and (4) The commission shall require every motor contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the com mission."
SECTION 25. Said title is further amended by striking in its entirety Code Section 46-7-70, relating to employment and compensation of enforcement personnel, and inserting in lieu thereof a new Code Section 46-7-70 to read as follows:
"46-7-70.
(a) The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this article, the salaries of such employees to be fixed by the commission.

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(b) The traveling expenses of the commission and its employees incurred in the per formance of this article shall be paid out of the funds derived under this article. (c) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public high ways and determine whether such vehicles have complied and are complying with this article and all other laws regulating the use of the public highways by motor vehicle con tract carriers, and to arrest all persons found in violation of this article. In addition and incidental to the powers of enforcement personnel to inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the pub lic highways by motor contract carriers, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in vio lation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act.'"
SECTION 26. Said title is further amended by striking in its entirety Code Section 46-7-76, relating to applicability of certain laws pertaining to motor contract carriers to carriers engaged in both interstate and intrastate commerce, and inserting in lieu thereof a new Code Section 46-7-76 to read as follows:
"46-7-76.
In circumstances where a motor contract carrier is engaged in both interstate and intra state commerce, it shall nevertheless be subject to this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the Geor gia Public Service Commission shall have the power of regulating the interstate com merce of such motor carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-59i and 46-7-63z 46-7-64, and through 46-7-66 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this article so far as they separately relate to commerce carried on in this state."
SECTION 27. Said title is further amended by striking in its entirety Article 5 of Chapter 7, relating to motor vehicle safety inspections, which reads as follows:
"ARTICLE 5
46-7-100. (a) Any motor common carrier or motor contract carrier operating in intrastate or inter state commerce in this state under authority granted by the commission or the Inter state Commerce Commission may obtain a motor vehicle safety inspection of any of its vehicles domiciled in Georgia upon written request to the commission and upon pay ment of a $5.00 inspection fee per vehicle for which a safety inspection is performed. (b) The commission will arrange for inspection of any vehicle as expeditiously as possi ble. Inspections will be performed at a place or places and at times mutually agreed upon by the motor common carrier or motor contract carrier and the commission. (c) Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the motor common carrier or motor contract carrier a decal certifying that the vehicle was inspected by the commission and meets the motor carrier vehicle safety regulations of the commission. (d) Each decal issued shall be valid for 12 months and shall contain an expiration date.
46-7-101. (a) Any private carrier operating in this state may obtain a motor vehicle safety inspec tion of any of its vehicles domiciled in Georgia upon written request to the commission

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and upon payment of a $5.00 inspection fee per vehicle for which a safety inspection is performed. (b) The commission will arrange for inspection of any vehicle as expeditiously as possi ble. Inspections will be performed at a place or places and at times mutually agreed upon by the private carrier and the commission. In addition and incidental to the pow ers of enforcement personnel to inspect such motor vehicles of private carriers and to determine whether such vehicles are complying with safety requirements, such enforce ment personnel shall have the responsibility and power to arrest any person who is com mitting an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act.' (c) Upon completion of the vehicle safety inspection by the commission personnel or, in the case of deficiencies, upon completion of repairs of all deficiencies found during the inspection and noted on the inspection report, the commission shall issue to the private carrier a decal certifying that the vehicle was inspected by the commission and meets the same vehicle safety regulations required by the commission for motor common carri ers or motor contract carriers. (d) Each decal issued shall be valid for 12 months and shall contain an expiration date.", and inserting in lieu thereof a new Article 5 to read as follows:
"ARTICLE 5
46-7-100. The commission is vested with the power to regulate the business of any person engaged in transportation as a motor carrier of property on any public highway to the extent allowed by state and federal law.
46-7-101. (a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the commission by making application therefor on forms supplied by the commission and paying the required filing fee. The application shall be in writing and under oath and shall include such information as the commission may require including, but not limited to:
(1) Whether or not hazardous commodities will be transported; (2) The number and type of vehicles to be utilized; (3) The carrier's safety record and safety rating; and (4) Proof of compliance with applicable insurance or self-insurance requirements. Each motor carrier of property permit shall be issued for 12 months and shall be renewed annually by filing an application for renewal on forms supplied by the commis sion. (b) The commission shall issue an annual motor carrier of property permit if the appli cation is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations of the commission regarding insurance and safety, includ ing, if applicable, the handling of hazardous materials. The commission may establish, by rule or order, staggered registration dates. The commission may refuse to issue a per mit and shall issue a notice stating such denial where the applicant has failed to show compliance with the applicable laws of this state and the rules and regulations of the commission. In such instance, the applicant shall, upon request made within 30 days of the date of notice of denial, be entitled to a hearing to contest such denial. (c) The commission may, at any time after notice and the opportunity to be heard, sus pend, revoke, alter, or amend any permit issued under this article if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reason able orders, rules, or regulations prescribed by the commission, any of the applicable provisions of this title, or any other law of this state regulating or taxing motor vehicles.
46-7-102.

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1475

Before any motor carrier of property engaged in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate a motor vehicle on or over any public highway of this state, it shall obtain from the state designated as its base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law.
46-7-103. The commission shall collect a fee of $50.00 to accompany each application for a motor carrier of property permit.
46-7-104. In all respects in which the commission has power and authority under this article, pro ceedings may be instituted, complaints made and filed, process issued, hearings held, and opinions, orders, and decisions made and filed with the commission. Any final order of the commission may be reviewed by any court of competent jurisdiction of this state under the conditions and subject to the limitations prescribed by law which relate to the commission.
46-7-105. When an application for a motor carrier of property permit has been in whole or in part denied by the commission, the applicant may at any time submit a new application accompanied by the required filing fee and correcting the deficiencies on which the denial was based.
46-7-106. (a) No motor carrier of property permit shall be issued or continued in operation unless the applicant or holder shall give and maintain a bond with adequate security for the protection of the public against injury proximately caused by the negligence of such motor carrier of property, its servants, or its agents. (b) The commission shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby. (c) The commission may, in its discretion, allow the holder of such permit to file in lieu of such bond a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article and the rules of the commission relating to bonds. Such policy must also be approved by the commission. (d) The commission shall have the power to permit self-insurance in lieu of a bond or policy of indemnity insurance whenever in its opinion the financial ability of the motor carrier so warrants. (e) It shall be permissible under this article for any person having a cause of action aris ing under this article in tort or contract to join in the same action the motor carrier of property and its surety in the event a bond is given. If a policy of indemnity insur ance is given in lieu of bond, it shall be permissible to join the motor carrier of property and the insurance carrier in the same action whether such action arises in tort or con tract. (f) The form and manner of such bond or policy shall be as set forth in rules promul gated by the commission.
46-7-107. (a) Every motor carrier of property operating pursuant to a motor carrier of property permit shall annually, on or before December 31 of each calendar year but not earlier than the preceding October 1 or, for a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such permit in such manner and form as the commission may by rule or regulation prescribe, and pay to the commission

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a fee of $5.00 for the registration of each vehicle and issuance of identification and regis tration stamp to operate such vehicle. Each annual identification and registration stamp shall be valid for a period of 16 months extending from October 1 of any year through January 31 of the succeeding year. (b) Motor carriers of property operating pursuant to a motor carrier of property permit may, in lieu of other vehicle registration provisions contained in this Code section, regis ter a vehicle operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days upon application and payment to the commission of a fee of $8.00 for each vehicle. Upon such application and payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration. (c) Whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier of property operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor carrier of property operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. (d) When motor carriers of property are operating pursuant to a permit as provided for in this article, no political subdivision of this state including cities, townships, or coun ties shall levy any excise, license, or occupation tax of any nature on a motor carrier of property, the equipment of a motor carrier of property, the right of a motor carrier of property to operate such equipment, or any incidents of the business of a motor carrier of property.
46-7-108. (a) Each nonresident motor carrier of property shall, before any motor carrier of prop erty permit is issued to it, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceed ing against such nonresident motor carrier of property growing out of its carrier opera tions, and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commission. Upon failure of any nonresident motor carrier of property to file such designation with the commission or to maintain such an agent in this state at the address given, such nonresident motor carrier of property shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident car rier personally, provided that notice of such service and a copy of the process are imme diately sent by registered or certified mail by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00. (b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor carrier of property for damages by rea son of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other require ment established by the commission, may be brought in the county where the cause of action or some part thereof arose; and if the motor carrier of property or its agent shall not be found for service in the county where the action is instituted, a second original may be issued and service may be made in any other county where the service can be made upon the motor carrier of property or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.
46-7-109. The commission shall prescribe for those holding motor carrier of property permits recordkeeping requirements with regard to safety and insurance, which records shall be preserved for such reasonable time as may be prescribed by the commission. The books

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and records of every permit holder shall be at all times open to inspection by the com mission or any agent appointed by the commission for such purpose. The commission shall have the power to examine the records of all motor carriers of property to whom it has granted permits to operate under this article and to examine under oath the offi cers and agents of any motor carrier of property with respect thereto.
46-7-110. Motor carriers of property shall observe the laws of this state with respect to size, weight, and speed of their vehicles.
46-7-111. The commission shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materi als. Any such rules and regulations promulgated or deemed necessary by the commission shall include the following:
(1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety require ments as the commission may from time to time promulgate; (2) Every driver employed to operate a motor carrier of property shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of a motor carrier of property shall be reported to the commission in such detail and such manner as the commission may require; and (4) The commission shall require every motor carrier of property to have attached to each unit or motor vehicle such distinctive markings or tags as shall be adopted by the commission.
46-7-112. The commission is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Such rules and orders as approved by the commission shall have the same dignity and standing as if such rules and orders were specifically provided in this article.
46-7-113. (a) The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this article, the salaries for such employees to be fixed by the commission. The traveling expenses of the commis sion and its employees incurred in the implementation of this article shall be paid out of the funds derived under this article. (b) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public high ways for purposes of determining whether vehicles have complied with and are comply ing with the provision of this article and all other laws regulating the use of the public highways by motor carriers of property, and to arrest all persons found in violation thereof. In addition and incidental to the powers of enforcement personnel to inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the public highways by motor carriers of property, such enforcement per sonnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the 'Georgia Con trolled Substances Act,' or Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act.'
46-7-114. In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission, and decisions of such designated employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding

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who is aggrieved by a final decision of a designated employee of the commission shall have the right to appeal such decision, and any such appeal shall he considered by the commission. Any party who has appealed a final decision of a designated employee and has had such appeal determined by a designated employee instead of by the commission itself may further appeal such decision to the commission if a written appeal is filed no later than the tenth day after the decision of the designated employee, and the commis sion shall set the date for the hearing of the appeal.
46-7-115. The commission is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief.
46-7-116. Any motor carrier of property which operates on the public highways of this state with out the required motor carrier of property permit, after such permit has been canceled, without having registered its vehicle or vehicles as provided for in this article, in any manner other than a manner permitted by the terms of a permit issued by the commis sion or the laws of this state, or any combination thereof may be enjoined from operat ing on the public highways of this state upon the bringing of a civil action by the commission, by a competing motor carrier, or by any individual.
46-7-117. The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation which is transported or was transported over the public highways in this state without the authority of a motor carrier of property permit for such transporting issued by the commission under this article, shall be prima-facie evi dence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the pub lic highways in this state.
46-7-118. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article or any order, rule, or regulation of the commission or who procures, aids, or abets therein shall be guilty of a misdemeanor.
46-7-119. In order to provide for the publication and maintenance of just and reasonable joint line rates, routes, classifications, and mileage guides, the commission may establish a collec tive rate-making procedure for all motor carriers of property who elect to participate.
46-7-120. The commission may issue certificates, permits, motor carrier of property permits, regis tration permits, identification and registration stamps, registration receipts, and any other documentation required by this title in such form and manner, including electronic transmittal, as the commission may by rule prescribe."
SECTION 28. Said title is further amended by striking in its entirety Code Section 46-9-6, relating to limitation of actions against common carriers for recovery of overcharges, and inserting in lieu thereof a new Code Section 46-9-6 to read as follows:
"46-9-6. (a) All actions at law against common carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be initiated within a period of three years after the time the cause of action accrues, and not thereafter, pro vided that, if a claim for the overcharge is presented in writing to the carrier within the three-year period of limitation, the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part thereof.

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(b) A motor carrier of property may, upon notice to the commission, elect to be subject to the following requirements regarding rates, charges, and claims for loss or damage:
(1) A motor carrier of property shall provide to the shipper, upon request of the ship per, a written or electronic copy of the rate, classification, rules, and practices upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed bjr a car rier is challenged by the person paying the freight charges, the commission shall deter mine whether such rates and provisions are reasonable or applicable based on the record before it. In cases where a carrier other than a carrier providing transportation of household goods seeks to collect charges in addition to those billed and collected which are contested bjr the payor, the carrier may request that the commission deter mine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges; (2) If a shipper seeks to contest the charges originally billed by a motor carrier of property, the shipper may request that the commission determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges; and (3) Claims for loss of or damage to property for which any motor carrier of property may be liable must be filed within nine months after the delivery of the property, except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed. (c) The commission shall adopt rules regarding rates, charges, and claims for loss or damage applicable to carriers of household goods."
SECTION 29. Said title is further amended by striking in its entirety Code Section 46-9-48, relating to adjustment and payment by common carriers of claims for loss of property or overcharge for freight, and inserting in lieu thereof a new Code Section 46-9-48 to read as follows:
"46-9-48.
Every claim for loss of or damage to property, or for overcharge for freight, for which any common carrier may be liable shall be adjusted and paid by such common carrier within 60 days ia cases ef shipments wholly within this state and within 90 days eases ef- shipments between points without ad points within this state, after such claim, duly verified by the claimant or his or her agent, has been filed with the agent of the initial carrier or with the agent of the carrier upon whose line the loss, damage, or overcharge actually occurred. If such claim is not adjusted and paid within the time prescribed in this Code section, the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof, and shall also be liable for a civil penalty of $50.00 for every such failure to adjust and pay said claim, to be recovered by the party damaged, provided that unless such claimant in such action recovers the full amount claimed, no penalty shall be recovered, but the recovery shall be limited to the actual loss or damage or overcharge, with interest thereon from the date of filing said claim."
SECTION 30. Said title is further amended by striking and repealing in its entirety Part 2 of Article 3 of Chapter 9, relating to the transportation of livestock and domestic animals by common carrier, and inserting in lieu thereof the following:
"Part 2
46-9-70. Reserved.
46-9-71. Reserved.
46-9-72.

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Reserved."
SECTION 31. Said title is further amended by striking and repealing in its entirety Code Section 46-9-253, relating to the transportation of gunpowder, dynamite, or other explosives, which reads as follows:
"46-9-253.
Any person who causes more than five pounds of gunpowder, or any amount of dyna mite or other dangerous explosive, to be transported upon water, by railroad, or other wise shall have the word 'Gunpowder,' 'Dynamite,' or other name of the explosive marked in large letters upon each package so transported. Gunpowder, dynamite, or other dangerous explosive transported in violation of said provision shall be liable to sei zure and forfeiture by any officer who may execute a criminal warrant, under warrant for that purpose, issued by any officer who may issue such first-named warrants, onehalf of the same to go to the informer, the other half to go to the military fund of the state, after public sale by order of the officer issuing the warrant, or one of like author ity."
SECTION 32. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 33. All laws and parts 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 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following substitute, offered by Representative Poston of the 3rd, was read:

A BILL
To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such public facilities by persons with disabilities; to provide for policy and intent; to change certain definitions; to provide for rules and regulations of the Safety Fire Commissioner which shall meet the Americans with Disabilities Act Accessibility Guide lines for Buildings and Facilities; to require certain buildings and facilities receiving per mits for construction or renovation after July 1, 1995, to comply with such rules and regulations; to provide for editorial revisions; to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change certain definitions; to change a reference; to amend Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations, so as to change the provisions of the "Georgia Equal Employment for the Handicapped Code"; to change certain references to handicapped persons; to provide for persons with disabilities; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change

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the provisions relating to special license plates for disabled persons; to change the provi sions relating to handicapped indentification cards; to change certain references to handi capped persons; to provide for cards for persons with disabilities; to change the provisions of the "Handicapped Parking Law"; to change certain references to handicapped persons; to provide for parking places for persons with disabilities; to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the definition of certain terms; to change references to handicapped person; to provide for persons with disabilities; to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valo rem taxation of motor vehicles, so as to change the provisions relating to the exemption of motor vehicles used for transporting handicapped or disabled students to or from edu cational institutions; to amend Chapter 9 of Title 49 of the Official Code of Georgia Anno tated, relating to vocational rehabilitation services, so as to change certain definitions applicable to said chapter; to amend various sections of the Code to change references to "handicap," "handicaps," "handicapped," "the handicapped," "handicapped person," "handicapped persons," and "handicapping"; to provide for persons with disabilities; 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 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 3 to read as follows:
"CHAPTER 3
30-3-1.
The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable handicapped persons with disabilities or elderly persons to par ticipate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by handicapped persons with dis abilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public.
30-3-2.
As used in this chapter, the term: (1) 'ADAAG' means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities issued by the United States Architectural and Transportation Barriers Compliance Board as set forth in the Federal Register. {1}{2J 'Adaptable' is further explained as follows: (A) Adaptable refers to features provided for but not actually installed. Such adapt ability makes it possible for the feature required by ANSI A117.1 Standard ADAAG to be added for the occupant without major structural alteration; (B) Items not installed at the time of construction under the adaptable provisions of ANSI A117.1 Standard ADAAG, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a handicapped person with disabili ties, within 30 days after his or her application for occupancy is approved by the owner. {3}{3J 'American National Standards Institute specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by phyoicolly handicapped individuals with disabilities. (4) 'Commissioner' means the Safety Fire Commissioner provided for in Chapter 2 of Title 25.

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(2.1)(5) 'Covered multifamily dwelling' means a building which had first occupancy
after March 31, 1993, and consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator.
{3)^61 'Facilities' shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public. {4}7} 'Government buildings' means all buildings, structures, streets, sidewalks,
walkways, and access thereto, which are used by the public or in which handicapped persons with disabilities or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required
otherwise by federal law or regulations and not beyond the power of the state to regu late, all buildings and structures used by the public which are constructed or reno vated in whole or in part by use of federal funds. <&(8 'Public buildings' means all buildings, structures, streets, sidewalks, walkways,
and access thereto, which are used by the public or in which handicapped persons with disabilities or elderly persons may be employed, that are constructed or reno vated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, but excluding covered
multifamily dwellings; provided, however, that this chapter shall require fully accessi ble or adaptable units in only 2 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater; providedj further.
that this chapter shall not apply to a private single-family residence or to duplexes or any complex containing fewer than 20 units, or to residential condominiums. Fifty percent of the fully accessible or adaptable rental apartment units required by this
paragraph shall be adaptable for a roll-in shower stall. (9) 'Reasonable number' for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1^ 1995, as used in Code
Section 30-3-4, shall mean the minimum number as established by ADAAG. {6)(10) 'Reasonable number' for all government buildings, public buildings, and facili ties receiving permits for construction or renovation after July 1^ 1987, but before July
1^ 1995, as used in Code Section 30-3-4 shall be defined for each of the following stan dards to mean:
(A) 'Accessible parking spaces for persons with disabilities (ANSI 4.6.1) in a reason able number' shall be determined as follows:

Total number of parking spaces

Number of designated handicapped accessible
parking spaces

1-400

A minimum number of 1 space or 2 percent of
the total provided, whichever is greater

401 and greater

8 spaces plus 1 percent of the total provided provided above 401

(B) 'Accessible entrances (ANSI 4.14) in a reasonable number' means that all pri mary entrances usually considered as major points of pedestrian flow must be acces sible to and usable by handicapped persons with disabilities;? (C) 'Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI 4.22) in a reasonable number' means that for every floor which is to be made acces sible to and usable by handicapped persons with disabilities at least one toilet room, bathroom, bathing facility, and shower room at a reasonable location shall conform to ANSI 4.22; ani

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(D) 'Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable num ber' means the following:

Total number

Number of accessible spaces required

Up to 50

2 spaces for wheelchair users adjacent to each
other

51-400

4 spaces including 2 adjacent to each other

401 and above

An even number of spaces not less than 1
percent of the total number located
throughout all price ranges or locations,
or both

Renovation' means: (A) If any specific component of an elevator is replaced or moved from its existing location to a different location, then the specific component shall be required to meet the ANSI A117.1 Standard, as specified in this Code section, as it applies to that specific component, including an accessible route as defined in the ANSI A117.1 Standard; (B) Any component of a building, structure, or facility, which is replaced, except for the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Stan dard as specified in this Code section, including an accessible route as defined in the ANSI A117.1 Standard; or (C) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision.
30-3-3.
All government buildings, public buildings, and facilities receiving permits for construc tion or renovation after July l 1995, shall comply with the rules and regulations adopted by the Commissioner which meet ADAAG and establish the minimum state standards for accessibility. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people with disabilities except as otherwise provided in para graph {6} (10) of Code Section 30-3-2; and all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July lj 1995, shall comply with the American National Standards Institute speci fications A117. 1-1986 for making buildings and facilities accessible to and usable by physically handicapped people with disabilities except as otherwise provided in para graph <6> (10) or subparagraph (C) of paragraph f?) (11) of Code Section 30-3-2; pro vided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an acces sible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any govern ment building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical,

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whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in ques tion, setting forth the reasons why it is impractical for the person subject to this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted.
30-3-4. 36-3-3A
(a) Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31, 1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31, 1993. The burden of establishing impracticality because of terrain or unusual site char acteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430. (b) All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:
(1) In such a manner that: (A) The public and common use areas are readily accessible to and usable by handi capped persons with disabilities; (B) All the doors designed to allow passage into end within all premises are suffi ciently wide to allow passage by handicapped persons with disabilities in wheelchairs; and (C) All premises within covered multifamily dwelling units contain the following features of adaptable design: (i) An accessible route into and through the covered dwelling unit; (ii) Light switches, electrical outlets, thermostats, and other environmental con trols in accessible locations; (iii) Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where such facilities are pro vided; and (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or
(2) To conform to the appropriate standards and requirements of Code Sections 30-3-3 and 36-3-4 30-3-5.

All government buildings, public buildings, and facilities receiving permits for construc tion or renovation after July 1, 1987, but before July 1^ 1995, shall comply with the American National Standards Institute specifications A117!l-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals with dis abilities, except as otherwise provided in paragraph {) (10) and subparagraph (C) of paragraph ?} (11) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limit ing the generality of the foregoing, shall provide the following amenities for handicapped persons with disabilities, as appropriate:
(1) Accessible parking spaces in a reasonable number' of which not less than 30 per cent of or a minimum of one, whichever is greater, shalLhave an aisle width in compli ance with American National Standards Institute specifications A117.1-1986 (A4.6.2);

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(2) Accessible entrances in a reasonable number; (3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a rea sonable number; and (4) Accessible seating, tables, and work surfaces in a reasonable number.
30-3-6. 30-3-4.1.
(a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, but before July It 1995, shall include at least one parking space for handicapped persons with disabili ties accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unat tended fare gate mechanism which blocks access to or exit from such space unless gateopening mechanisms are provided at a height accessible to a van driver. (b) Compliance with this Code section may be waived under the same conditions as pro vided in Code Section 30-3-3.
30-3-7. ae-a-fe
(a)(l) Except for buildings under the jurisdiction of the Board of Regents of the Uni versity System of Georgia, all buildings subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for pur poses of enforcement of this chapter. (2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties:
(A) No such building shall be built in this state by any private person or corpora tion or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30-3 4 30-3-5 and its plans and specifications have been approved by the Com missioner as provided in this subparagraph. All plans and specifications shall iden tify the architect or engineer who prepared them in a manner acceptable to the Commissioner. The Commissioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 26-2-14 25-2-4.1. No local governing authority shall issue any building permit for any building subject to this subsection without proof of the approval required by this subparagraph; (B) In any case where the Commissioner denies approval under subparagraph (A) of this paragraph or an exemption under subparagraph (C) of this paragraph, the rights and remedies of the person submitting the same shall be those provided by Chapter 43 2 of Title 69 33T the 'Georgia Administrative Procedure Act1; (C) Upon a showing that full compliance with any particular requirement or requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements, (b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facilities under its jurisdiction. No con struction plans for any such building or facility shall be approved by the board of regents for any construction within the University System of Georgia unless the building or facility conforms to Code Sections 30-3-3 and 30-3-4 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, infor mation, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30 3 4 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner fol lowing said plans shall require an architect's or engineer's seal or a certificate of compli ance to be displayed on the plans before starting construction.

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(c) Local governing authorities shall be responsible for the administration and enforce ment of this chapter with regard to all government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of regents, pursuant to subsections (a) and (b) of this Code section and which are under the jurisdiction of such local governing authorities. No building permit for any such building or facility shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and speci fications conform to the requirements of Code Sections 30-3-3 and 30 3-4 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifica tions affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certificate of compli
ance on the plans before starting construction. All construction plans must display such a certificate of compliance, or a seal provided by the architect or engineer, for all con struction in local governing jurisdictions which do not require building permits. In all areas where local governing authority building permits are not required, the builder,
developer, contractor, or building owner following said plans shall require such an archi tect's or engineer's seal or a certificate of compliance to be displayed on the plans before starting construction. (d) In the performance of their responsibilities under this chapter, all state rehabilita
tion agencies and appropriate elective elected or appointive appointed officials shall be required to cooperate with and assist the Safety Fire Commissioner, the board of regents, and the appropriate local building code officials or local fire department, or both any combination thereof, having jurisdiction over the buildings in question.
(e) The Safety Fire Commissioner, the board of regents, and the local building code offi cials or the local fire department, or both any combination thereof, having jurisdiction over the buildings in question shall from time to time inform, in writing, professional organizations and others of this tew chapter and its application.
(f)(l) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifi cations thereof and substitutions therefor, including powers to institute and prosecute
proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings. (2) No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph ?} (11) of Code Section 30-3-2
unless 90 days have passed since such person, firm, or corporation has been notified by certified mail of the alleged violation of the provisions of subparagraph (C) of para graph f?) (11) of Code Section 30-3-2. Such notification shall include a warning of an impending complaint if the alleged violation is not corrected before the expiration of
the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to any part of this chapter other than subpara graph (C) of paragraph {3} (11) of Code Section 30-3-2.
(g) The Safety Fire Commissioner, the board of regents, and the local governing author ity having jurisdiction over the buildings in question, after consultation with state reha bilitation agencies and other sources as they might determine, are authorized to
promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this chapter. Such rules, regulations, and procedures shall not be less restrictive than those established by the Commissioner. (h) The Safety Fire Commissioner, the board of regents, and the local governing author
ity having jurisdiction over the buildings in question, after consultation with state reha bilitation agencies, are also authorized to waive any of the standards and specifications presently set forth in this chapter and to substitute in lieu thereof standards or specifi cations consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc.

MONDAY, MARCH 6, 1995

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30-3-8. 30-3-6.
Any person, firm, or corporation who violates this chapter, or who causes another per son, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor.
30-3-9. 30-3-7.
(a) Any provision of this chapter which affords handicapped persons with disabilities greater access than is required by federal law shall be fully effective. (b) Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guide lines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section."
SECTION 2. Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, is amended by striking in its entirety Code Section 8-3-201, relating to defini tions applicable to said article, and inserting in lieu thereof a new Code Section 8-3-201 to read as follows:
"8-3-201.
As used in this article, the term: (1) 'Administrator' means the administrator of the Commission on Equal Opportunity created under Article 2 of Chapter 19 of Title 45. (2) 'Aggrieved person' means any person who claims to have been injured by a dis criminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur. (2.1) 'Board of commissioners' means the Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23 or a panel of three members of said board. (3) 'Complainant' means the person, including the administrator, who files a com plaint under Code Section 8-3-208. (4) 'Conciliation' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the administrator. (5) 'Conciliation agreement' means a written agreement setting forth the resolution of the issues in conciliation. (6) 'Covered multifamily dwelling' means a building which consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator. (7) 'Disability' means, with respect to a person: (A) A physical or mental impairment which substantially limits one or more of such person's major life activities; (B) A record of having such an impairment; or (C) Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. WI8J 'Discriminatory housing practice' means an act that is unlawful under Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222. 48}{9J 'Dwelling' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. {9}(10) 'Familial status' means, with respect to a person: (A) That the person is a parent of or has legal custody of one or more individuals who have not attained the age of 18 years and such individuals are being domiciled with such parent or legal custodian; (B) That the person is the designee of a parent or other person having legal cus tody, with the written permission of the parent or other person, and that one or

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more individuals who have not attained the age of 18 years are being domiciled with such person; or (C) That the person is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. {M)(ll) 'Family' includes a single individual. (11) 'Handicap' means, with respect te person! (A) A physical e mental impairment which substantially limits ese or nwfe ef- 9eh person's major life activities; (B) A feeerel ef having sefc a impairment; er
F6U? QC u t9 flflVlllg SUCfl &D lUlpfllPIIlCIlt'^ DUt SUCn tCPITi QOCS WOt lH
current) IIICCLI use ot or &utic11on to d conwoucQ suDstflncc> (12) 'Person' means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries. (13) 'Respondent' means:
(A) The person or other entity or the state or local government or agency accused in a complaint of an unfair housing practice; and (B) Any other person or entity identified in the course of an investigation and noti fied as required with respect to respondents so identified under subsection (d) of Code Section 8-3-207. (14) 'State' means the State of Georgia. (15) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a consider ation the right to occupy premises not owned by the occupant."
SECTION 3. Said article is further amended by striking in its entirety Code Section 8-3-223, relating to compliance with the Fair Housing Amendments Act of 1988 (Pub. L. 100-430), and inserting in lieu thereof a new Code Section 8-3-223 to read as follows:
"8-3-223.
Compliance with the provisions of the Fair Housing Amendments Act of 1988 (Pub. L. 100-430) shall be deemed compliance with the provisions of paragraph (H) (7) of Code Section 8-3-201 and subparagraph (a)(7)(B) of Code Section 8-3-202. In addition, should any provision of this article relating to the treatment of handicapped persons with dis abilities be in conflict with any provision of the Fair Housing Amendments Act of 1988, then the provisions of the latter shall prevail."
SECTION 4. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial rela tions, is amended by striking in its entirety Chapter 6A, known as the "Georgia Equal Employment for the Handicapped Code," and inserting in lieu thereof a new Chapter 6A to read as follows:
"CHAPTER 6A
34-6A-1.
This chapter shall be known and may be cited as the 'Georgia Equal Employment for th Handicapped Persons With Disabilities Code.'
34-6A-2.
As used in this chapter, the term: {)(!) 'Disability' 'Handicap' means any condition or characteristic that renders a per son a handicapped an individual with disabilities but shall not include addiction to any drug or illegal or federally controlled substance nor addiction to the use of alco hol. {!%2j 'Employer' means a person or governmental unit or officer in this state having in hiSj her, or its employ 15 or more individuals or any person acting as an agent of an employer.

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(3) 'Individual with disabilities' 'Handicapped individual* means any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities^ and who has a record of such impairment. The term 'handicapped individual with disabilities' shall not include any person who is addicted to the use of any drug or illegal or federally controlled substance nor addiction to the use of alcohol. (4) 'Labor organization' means an organization of any kind; agents of such organiza tion; an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; or a conference, general commit tee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (5) 'Major life activities' means functions such as caring for oneself, performing man ual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (6) 'Persons' means one or more individuals, partnerships, this state, municipalities or other political subdivisions within the state, associations, labor organizations, or corpo rations. (7) 'Physical or mental impairment' means:
(A) Any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or (B) Mental retardation and specific learning disabilities. (8) 'Substantially limits' means that the impairment so affects a person as to create a likelihood that such person will experience difficulty in securing, retaining, or advancing in employment because of a handicap disability. (9) 'Unfair employment practice' means an act that is prohibited under this chapter.
34-6A-3.
(a) Nothing in this chapter shall be construed to prevent an employer from making any job related inquiry about the existence of the handicap disability of an applicant for employment and about the extent to which that handicap disability has been overcome by treatment, medication, appliances, or other rehabilitation. (b) Nothing in this chapter shall be construed to prohibit the rejection of an applicant for employment on the basis of:
(1) A handicap disability which interferes with a person's ability to perform assigned job duties adequately; or (2) Any communicable disease, either carried by or afflicting the applicant. (c) Nothing in this chapter shall be construed to prevent or otherwise make illegal any employment decision affecting any person where such decision is based upon an employ er's good faith reliance upon a professional opinion rendered by a licensed physician, rehabilitation specialist, psychologist, physical therapist, dentist, or other similar licensed health care professional concerning that person.
34-6A-4.
(a) No employer shall fail or refuse to hire nor shall any employer discharge or discrimi nate against any handicapped individual with disabilities with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person's handieap disability unless such handicap disability restricts that individual's ability to engage in the particular job or occupation for which he or she is eligible; nor shall any employer limit, segregate, or classify handicapped individuals with disabilities in any way which would deprive or tend to deprive any handicapped individual with disabilities of employ ment opportunities or otherwise affect employee status because of such person's handi cap disability, unless such handicap disability constitutes a bona fide and necessary reason for such limitation, segregation, or classification. This subsection shall not be construed to require any employer to modify his or her physical facilities or grounds in

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any way or exercise a higher degree of caution for ft handicapped an individual with dis abilities than for any person who is not ft handicapped an individual with disabilities. nor shall this subsection be construed to prohibit otherwise lawful employment practices or requirements merely because such practices or requirements affect a greater propor tion of handicapped individuals with disabilities than nonhandicapped individuals with out disabilities within the area from which the employer customarily hires his or her employees. (b) No employment agency, placement service, training school or center, or labor organi zation shall fail or refuse to refer for employment or otherwise discriminate against indi viduals because of their handicap disability. (c) No labor organization shall exclude or expel from its membership or otherwise dis criminate against individuals because of their handicap disability; nor shall a labor orga nization limit, segregate, or classify its membership or classify or fail or refuse to refer for employment any handicapped individual with disabilities in any way which would deprive or tend to deprive any handicapped individual with disabilities of employment opportunities, would otherwise affect such person's employee status or employment applicant status, or would adversely affect such person's wages, hours, or conditions of employment because of such person's handicap disability. (d) No employer, labor organization, or joint labor-management committee controlling apprenticeship programs or other training or retraining, including on-the-job training programs, shall discriminate against any individual because of such individual's handicap disability, in the admission to or the employment in any program established to provide apprenticeship or other training. (e) It is discrimination for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such employer, which advertisement or notice indicates any preference, limitation, specification, or discrimina tion based on handicap disability, except that such a notice or advertisement may indi cate a limitation or specification based upon handicap disability if the criteria is job related.
34-6A-5.
No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment because such person has opposed any practice made an unfair employment practice by this chapter or because he such person has filed a charge, testified, assisted, or participated in any manner in an investigation, action, pro ceeding, or hearing under this chapter; nor shall any employment agency discriminate against any person; nor shall a labor organization discriminate against any member or applicant for membership for such reasons.
34-6A-6.
(a) Any handicapped individual with disabilities who is aggrieved by an unfair employ ment practice against such individual may institute a civil action against the persons engaged in such prohibited conduct. Such action may be brought in any court of record in this state having jurisdiction over the defendant and shall be brought within 180 days after the alleged prohibited conduct occurred. However, no person shall be a party plain tiff to any such action unless fee such person gives his or her consent in writing and such consent is filed with the court in which the action is brought. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including but not limited to hir ing, reinstatement, or upgrading of employees; admission or restoration of the aggrieved individual to union membership; admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program; and the utilization of training related criteria in the admission of individuals to such training programs and job related criteria for employ ment. The court may award to the plaintiff back pay. The court may award court costs and reasonable attorneys' fees to the prevailing party."
SECTION 5. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in their entirety subsections (a) and (b) of Code Section 40-2-74,

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relating to special license plates for disabled persons, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon sub mitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any com bination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of a handi capped an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability. (b) A hearing impaired person otherwise qualified under this subsection shall be eligible to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired per son' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of a handi capped an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment."
SECTION 6. Said title is further amended by striking in its entirety Article 8 of Chapter 5, relating to handicapped indentification cards, and inserting in lieu thereof a new Article 8 to read as follows:
"ARTICLE 8
40-5-170. As used in this article, the term:
(1) 'Disability' means any physical, mental, or neurological impairment which severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity. (2) 'Identification Handicapped identification card for persons with disabilities' means an identification card issued as provided in this article. (3) 'Handicapped person' means ay person with a permanent or temporary disability. {4}{3J 'Permanent disability' means any disability which is permanent in nature or which is expected to continue for a period of at least five years. (4) 'Person with disabilities' means any person with a permanent or temporary dis ability. (5) 'Temporary disability' means any disability which is expected to continue for at least six months but less than five years.
40-5-171. (a) The Department of Public Safety shall issue personal identification cards to handi capped persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The handicapped identification card for persons with disabilities shall prominently display the interna tional handicapped symbol and, in addition to any other information required by this article, shall contain a recent color photograph of the applicant and the following infor mation:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex;

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(7) Height; (8) Weight; (9) Eye color; (10) Post where the identification card was issued; and (11) Signature of person identified. (b) The handicapped identification card for persons with disabilities shall bear the signatures of the commissioner of public safety and the Governor and shall bear an iden tification card number which shall be the same as the applicant's social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section.
40-5-172. (a) The handicapped identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four years and shall be renewable on the applicant's birthday in the fourth year following such issuance. Such identifica tion cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A cur rent affidavit shall be presented at each request for renewal. (b) The handicapped identification card for persons with disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such dis ability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be pre sented at each request for renewal thereafter.
40-5-173. The face of the handicapped identification card for persons with disabilities shall promi nently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' On the reverse side of the identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request.
40-5-174. The face of the handicapped identification card for persons with disabilities shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap dis ability creates mobility limitations which prevent him or her from climbing stairs or oth erwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the handicapped identification card for persons with disabilities shall serve as sufficient proof of the need for special handicap transportation services for persons with disabilities provided by any entity in this state.
40-5-175. The handicapped identification card for persons with disabilities shall bear the word 'SEATING* with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the handicapped identification card for persons with disabili ties shall be sufficient to admit the holder to handicapped seating for persons with dis abilities at public events in this state.
40-5-176. The Board of Public Safety shall promulgate rules and regulations under which this arti cle shall be implemented.
40-5-177.

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The department shall require an applicant for a handicapped an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
40-5-178. (a) The department shall collect a fee of $5.00 for the handicapped an identification card for persons with disabilities, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver's license fees. (b) The department shall not be authorized to collect a fee for a handicapped an identi fication card for persons with disabilities from those persons who meet the qualifications for a veteran's driver's license under the provisions of Code Section 40-5-36.
40-5-179. It is a misdemeanor for any person:
(1) To use a false or fictitious name in any application for a handicapped an identifi cation card for persons with disabilities or knowingly to make a false statement or conceal a material fact or otherwise commit a fraud in any such application; (2) To display or cause to be displayed or have in his or her possession any fictitious or fraudulently altered handicapped identification card for persons with disabilities; (3) To lend his or her handicapped identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and (4) To display or represent as his or her own any handicapped identification card for persons with disabilities not issued to him or her."
SECTION 7. Said title is further amended by striking in its entirety Part 2 of Article 10 of Chapter 6, known as the "Handicapped Parking Law," and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
40-6-220. This part shall be known and may be cited as the 'Handicapped Parking Law for Per sons with Disabilities.'
40-6-221. As used in this part, the term:
(1) 'Counterfeit' means any copy of any kind of handicapped parking permit for per sons with disabilities which is not authorized by and does not carry the official seal of the Department of Public Safety. Wii) 'Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31. {2}{3) 'Parking Handicapped parking place for persons with disabilities' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows:
(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: 'Per mit Parking Only,' 'Tow-Away Zone,' or the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations for persons with disabilities in this state; or (B) Where the parking place is on private property, is constructed solely from con crete, was used by the public or finished prior to July 1, 1987, and which is desig nated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' or 'Handicapped Parking Only for Persons with Disabil ities' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as

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that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this para graph. ^6)^4} 'Permanently handicapped disabled person' means a handicapped person with disabilities whose disability or incapacity can be expected to last for more than 180 days. {3}(S) 'Person with disabilities' 'Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (6) 'Ramp' shall mean, in addition to any other specified meanings: (A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and (B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted. (7) 'Temporarily handicapped disabled person' means a handicapped person with dis abilities whose disability or incapacity can be expected to last for not more than 180 days and shall include, but not be limited to, any woman who is pregnant and who presents a sworn affidavit of a medical doctor attesting to a medical need for handicap access to parking for persons with disabilities.
40-6-222. (a) The Department of Public Safety shall issue handicapped parking permits for per sons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue handicapped parking permits for persons with disabilities by mail and may by regulation require such proof of disability or inca pacity as may be necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport handicapped individuals with dis abilities. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport handicapped individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily handicapped dis abled person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily handicapped disabled person and stating a date until which such person is likely to remain handicapped disabled. The temporary permit shall be predom inantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the handicap disabil ity, which date shall not be more than 180 days after the date the permit is issued. (c) The department shall issue a permanent permit to any person who is obviously per manently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently hand! capped disabled person. The department shall also issue a permanent permit to an insti tution which operates vehicles used primarily for the transportation of handicapped individuals with disabilities, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. (d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which

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the specially designated license plate is attached in a handicapped parking place for per sons with disabilities without the necessity of obtaining a handicapped parking permit for persons with disabilities pursuant to this part, (e) The department shall issue a special permanent permit to any person who:
(1) Because of a physical handicap disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically handicapped disabled due to the loss of, or loss of use of, both upper extremities. This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relat ing to, other permanent handicapped parking permits for persons with disabilities and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit: 'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the selfservice price for the holder of this special permit when such holder requests such ser vice and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.'
40-6-223. The Department of Public Safety shall not charge or collect any fee for issuing handi capped parking permits for persons with disabilities under this part.
40-6-224. State and local authorities shall honor visitors' out-of-state handicapped license plates or persons with disabilities license plates and similar special parking permits on the same basis as handicapped license plates for persons with disabilities and special parking permits issued within this state.
40-6-225. Any business entity may elect to designate handicapped parking places for persons with disabilities for the nonambulatory. Such handicapped parking places for the nonambulatory shall be in addition to any handicapped parking places for persons with disabilities required by Chapter 3 of Title 30. Such handicapped parking places for the nonambulatory shall be clearly marked by a sign bearing the words 'Handicapped Park ing for Persons with Disabilities--nonambulatory persons only.' Such handicapped park ing places for the nonambulatory shall only be utilized for the purpose of allowing a nonambulatory permanently handicapped disabled person to enter or get out of a vehicle while in such parking place. A vehicle in a handicapped parking place for the nonambulatory shall be required to have a valid unexpired handicapped parking permit for persons with disabilities or a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222. For the purposes of this Code section, the term 'nonambulatory permanently handicapped disabled person' means a person who is permanently handicapped disabled as a result of the loss or loss of use of one or both legs and who is dependent upon crutches, a walker, or a wheelchair for locomotion.
40-6-226. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handi capped parking place for persons with disabilities unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222.
(b)(l) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place for persons with disabilities except for the purpose of

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allowing a handicapped disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place for persons with disabilities. (2) It shall be unlawful for any person to stop, stand, or park any vehicle in a handi capped parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently handicapped disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place for the nonambulatory. (3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a handicapped parking place for persons with disabilities which area is clearly designed and designated for access to such handicapped parking place for persons with disabilities. (c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit for persons with disabilities. (d) It shall be unlawful for any person or institution, other than the one to whom a handicapped parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a handicapped parking permit for persons with disabilities or specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued. (e) No person shall park a vehicle so as to block any entrance or exit ramp used by handicapped persons with disabilities on public or private property. (f)(l) Any person violating subsection (c) of this Code section shall be guilty of a mis demeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00.
(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place for persons with disabil ities which is marked by a sign bearing the words 'Tow-Away Zone' as described in para graph {2} (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement.
(h) A property owner who is required to provide handicapped parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph {2) (3) of Code Section 40-6-221 and upon failure so to designate each such handicapped parking place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the handicapped parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner.
40-6-227.
The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly autho rized to enforce the provisions of this part on private property as well as on public prop erty.

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40-6-228. (a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, has not previously been con victed of a felony, and is a handicapped person with disabilities as defined in paragraph {3} (5)_ of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-226 within the county or municipality in which the appointing law enforcement agency exer cises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the pro visions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsections (b) and (c) of this Code section. (b) No person appointed pursuant to subsection (a) of this Code section shall be deemed a peace officer under the laws of this state or:
(1) Be deemed an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality; (4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the handicapped parking laws for persons with disabilities; provided, how ever, that a person who possesses a valid license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or (5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the handicapped parking laws of the state for persons with disabilities. (c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipal ity, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connec tion with such person's enforcement of the provisions of Code Section 40-6-226. (d) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of Code Section 40-6-226 or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor."
SECTION 8. Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," is amended by striking in its entirety Code Section 45-19-22, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 45-19-22 to read as follows:
"45-19-22.
As used in this article, the term: (1) 'Administrator' means the administrator of the Commission on Equal Opportunity provided for by Code Section 45-19-24, which agency is comprised of an Equal Employment Division and a Fair Housing Division. (2) 'Board' means the Board of Commissioners of the Commission on Equal Opportu nity created by Code Section 45-19-23. (3) 'Disability' means a physical or mental impairment which substantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate reasonably to an employee's or prospective employee's disability without undue hardship on the conduct of the employer's operation.

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'Discrimination' means any direct or indirect act or practice of exclusion, dis tinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap, or age or the aiding, abetting, incit ing, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limi tation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to accommodate reasonably an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation. (4) 'Handicap' means a physical er mental impairment which substantially limits- ene-
employer is unable te accommodate reasonably te an cmploycc'a er prospective employee's handicap without undue hardship e the conduct of the employer's epera-
(5) 'Public employer' or 'employer' means any department, board, bureau, commis sion, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying for positions on such officer's personal staff or on the policy-making level or as immediate advisers with respect to the exercise of the consti tutional or legal powers of the office held by such officer. The term 'public employer' shall include the State Merit System of Personnel Administration whether or not such agency is the immediate employer of the party or parties claiming to be aggrieved. (6) 'Public employment' means employment by any department, board, bureau, com mission, authority, or other agency of the State of Georgia. (7) 'Religion' means all aspects of religious observance and practice as well as belief. (8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."
SECTION 9. Said article is further amended by striking in its entirety the term "handicap" wherever it shall occur in said article (Code Sections 45-19-21, 45-19-27, 45-19-29, 45-19-30, 45-19-31, 45-19-33, 45-19-35, and 45-19-38) and inserting in lieu thereof the word "disabil ity".
SECTION 10. Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking in its entirety Code Section 48-5-470.1, relating to the exemption of motor vehicles used for transporting handicapped or disabled students to or from educational institutions, and inserting in lieu thereof a new Code Section 48-5-470.1 to read as follows:
"48-5-470.1.
All motor vehicles owned by a school or educational institution and used principally for the purpose of transporting handicapped persons with disabilities or disabled students to or from such school or educational institution are exempted from any and all ad valo rem taxes imposed by any tax jurisdiction in this state. The exemption provided for in this Code section shall apply only when such school or educational institution is quali fied as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as such section exists on January 1, 1984."
SECTION 11. Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational rehabilitation services, is amended by striking in its entirety Code Section 49-9-1, relating

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to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 49-9-1 to read as follows:
"49-9-1.
As used in this article, the term or terms: (1) 'Blind person' means a person who has: (A) Not more than 20/200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field. (2) 'Director' means the official of the department who is charged with the adminis tration of its functions under this article. (3) 'Disability to employment' means a physical or mental condition which consti tutes, contributes tOj or^ if not corrected, will probably result in an impairment of occupational performance. (4) 'Disabled individual' means any person who has a substantial handicap disability to employment. {3}{5} 'Division' means the Division of Rehabilitation Services of the Department of Human Resources. ployment" meAftd ft pftysic&i OP mcnwii condition wnicii consti tutes, contributes to, OP, tr ttot COPrcctcd, will ppo Dft Diy result ttt QH impQirm^nt occupational performance. (6) 'Maintenance' means money payment not exceeding the estimated cost of subsist ence during the provision of vocational rehabilitation or rehabilitation services. It fur ther includes amounts, in cash or in kind, to cover the cost, if any, of short periods of medical care for acute conditions arising during the provision of vocational rehabili tation or rehabilitation services. (7) 'Occupational license' means any license, permit, or other written authority required by any governmental unit to be obtained in order to engage in an occupation. (8) 'Physical restoration' means any medical, surgical, or therapeutic treatment neces sary to correct or reduce substantially a disabled individual's handicap disability to employment within a reasonable length of time, including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing service, hospital care, drugs, medi cal and surgical supplies, and prosthetic appliances, but excluding curative treatment for any acute or transitory condition. (9) 'Prosthetic appliance' means any artificial device necessary to support or take the place of a part of the body or to increase the acuity of a sense organ. (10) 'Regulations' means regulations made by the director with the approval of the board and promulgated in the manner prescribed by law. (11) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of disabled persons which provides one or more of the following types of services:
(A) Testing, fitting, or training in the use of prosthetic devices; (B) Prevocational or conditioning therapy;
(C) Physical, corrective, or occupational therapy; or (D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of disabled persons and an integrated program of physical restoration and prevocational training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training' means all necessary training provided to a disabled indi vidual to compensate for his handicap or her disability to employment, including, but not limited to, manual preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities. (13) 'Vocational rehabilitation' and 'vocational rehabilitation services' mean any ser vice, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his handicap or her

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disability to employment and to enable hi such individual to engage in a remunera tive occupation, including, but not limited to, medical and vocational diagnosis; voca tional guidance; counseling and placement; rehabilitation training; physical restoration; transportation; occupational and business licenses; equipment; initial stocks and sup plies, including livestock; capital advances; maintenance; and training books and mate rials. (14) 'Workshop' means a place where any manufacture or handwork is carried on and which is operated for the primary purpose of providing therapeutic and rehabilitative activities, including the use of monetary rewards as an incentive therapeutic practice for severely disabled persons unable to engage in the competitive labor market. Per sons receiving therapy in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes."
SECTION 12. The Official Code of Georgia Annotated is amended by striking from the following Code sections the terms "handicap" and "handicaps" wherever the same shall occur and insert ing in lieu thereof the terms "disability" and "disabilities", respectively:
(1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings; (2) Code Section 8-3-203, relating to the unlawful denial of or discrimination in mem bership or participation in service or organization relating to selling or renting dwell
ings; (3) Code Section 12-5-248, relating to criminal violations under the "Shore Protection
Act"; (4) Code Section 16-15-2, relating to legislative findings and intent applicable to the "Georgia Street Gang Terrorism and Prevention Act"; (5) Code Section 20-2-153, relating to special instructional assistance program for stu dents with developmental deficiencies; (6) Code Section 20-2-165, relating to equalization grants and annual calculation; (7) Code Section 21-2-452, relating to admission of electors to enclosed space; (8) Code Section 21-2-470, relating to ballot procedures in general; (9) Code Section 21-3-362, relating to the admission of electors to enclosed space; (10) Code Section 21-3-380, relating to ballot procedures in general; (11) Code Section 31-1-3.1, relating to reporting handicapped newborn persons; (12) Code Section 33-9-4, relating to standards applicable to making and use of insur ance rates; (13) Code Section 33-24-28, relating to termination of hospital or medical expense insurance policy or hospital or medical service plan coverage for a dependent child upon attainment of specified age; (14) Code Section 34-9-283, relating to applicability to occupational diseases of provi sions of Code Section 34-9-263 regarding permanent partial industrial handicaps; (15) Code Section 36-87-2, relating to the authority of countries and municipal corpo rations to participate in federal programs; (16) Code Section 37-3-163, relating to recognition of patient's physical integrity; (17) Code Section 37-4-123, relating to recognition of clients' physical integrity with respect to mentally retarded; (18) Code Section 37-7-163, relating to recognition of alcoholics' and drug users' phys ical integrity when under treatment; (19) Code Section 40-5-35, relating to reports by physicians and vision specialists; (20) Code Section 43-3-8, relating to oral examinations for certified public accoun tants; (21) Code Section 43-3-15, relating to oral examinations for registered public accoun tants; (22) Code Section 43-12-2, relating to qualifications applicable to disabled veterans and blind persons engaging in certain businesses or practicing certain professions; (23) Code Section 43-39A-18, relating to penalties for violation of the "Real Estate Appraiser Classification and Regulation Act"; (24) Code Section 43-40-25, relating to violations under Chapter 40 of Title 43 regard ing real estate brokers and salespersons;

MONDAY, MARCH 6, 1995

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(25) Code Section 45-20-1, relating to purposes of Article 1 of Chapter 20 of Title 45 regarding the State Merit System of Personnel Administration; (26) Code Section 45-20-4, relating to creation of the position of commissioner of per sonnel administration; (27) Code Section 48-8-3, relating to exemptions form the state sales and use tax; (28) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act"; and (29) Code Section 50-5-136, relating to the powers and authority of the State Use Council.
SECTION 13. The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "handicapped" wherever the same shall occur and inserting in lieu thereof the term "disabled"; provided, however, that this section shall not apply in any case where the term "handicapped" is preceded by the word "the" and not followed by the word "person" or "persons", but Section 12 of this Act shall apply in any such case:
(1) Code Section 8-2-31, relating to the effect of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building plumbing, electrical, and other building codes; (2) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings; (3) Code Section 20-2-142, relating to prescribed courses and materials on the effect of alcohol in the competencies and core curriculum in elementary and secondary schools; (4) Code Section 20-2-151, relating to general and career education programs; (5) Code Section 20-2-152, relating to special education services; (6) Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs; (7) Code Section 20-2-188, relating to student transportation; (8) Code Section 20-2-281, relating to assessment of effectiveness of educational pro grams; (9) Code Section 20-2-301, relating to Coordinating Committee for Exceptional Indi viduals; (10) Code Section 20-2-305, relating to county and regional libraries; (11) Code Section 20-2-1160, relating to local boards as tribunals to determine school law controversies, except in subsection (f) with respect to the phrase "Education for All Handicapped Children Act of 1975"; (12) Code Section 20-13-8, relating to licensure under the Georgia Public Telecommu nications Commission Act; (13) Code Section 21-2-265, relating to polling places and handicapped facilities; (14) Code Section 21-2-409.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line; (15) Code Section 21-2-452, relating to admission of electors to enclosed space; (16) Code Section 21-2-470, relating to ballot procedures in general; (17) Code Section 21-3-318.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line; (18) Code Section 21-3-362, relating to admission of electors to enclosed space; (19) Code Section 21-3-380, relating to ballot procedures in general; (20) Code Section 30-1-2, relating to public employment of physically disabled per sons; (21) Code Section 30-4-2, relating to right to housing accomodations; (22) Code Section 31-1-3.1, relating to reporting handicapped newborn persons;
(23) Code Section 32-4-94, relating to standards for construction of curb ramps; (24) Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons;
(25) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chap ter 9 of Title 34 regarding the subsequent injury trust fund;
(26) Code Section 40-2-71, relating to the design of disabled veteran license plates; (27) Code Section 42-8-35.1, relating to special alternative incarceration;

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(28) Code Section 45-20-51, relating to definitions applicable to Article 3 of Chapter 20 of Title 45 regarding voluntary deductions from wages or salaries of state employ ees for benefit of charitable organizations; (29) Code Section 46-1-1, relating to definitions applicable to Title 46; (30) Code Section 48-5-41, relating to property exempt from taxation; (31) Code Section 48-8-3, relating to exemptions from the state sales and use tax; (32) Code Section 49-2-6, relating to the duties and powers of the Department of Human Resources; (33) Code Section 49-2-12, relating to the development and revision of transportation plan for programs of the Department of Human Resources; (34) Code Section 49-3-6, relating to functions of county departments of family and children services; (35) Code Section 49-9-10, relating to the authorization for the Division of Rehabilita tion Services of the Department of Human Resources to provide independent-living services; and (36) Code Section 50-5-136, relating to the powers and authority of the State Use Council.
SECTION 14. The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrase "the handicapped" and inserting in lieu thereof the phrase "persons with disabilities":
(1) Code Section 8-2-3, relating to building requirements for toilets, shower heads, and faucets; (2) Code Section 12-3-130, relating to the legislative purpose of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission; (3) Code Section 20-2-161, relating to the Quality Basic Education Formula; (4) Code Section 20-2-1074, relating to transportation for elderly, handicapped, and 4-H activities; (5) Code Section 20-4-15, relating to the establishment of adult literacy programs; (6) Code Section 21-2-265, relating to polling places and handicapped facilities; (7) Code Section 21-3-164, relating to polling places and access for the handicapped; (8) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chap ter 9 of Title 34 regarding the subsequent injury trust fund; (9) Code Section 43-28-3, relating to definitions applicable to the "Georgia State Occupational Therapy Licensing Act"; (10) Code Section 50-5-31, relating to definitions applicable under the "State Space Management Act of 1976"; (11) Code Section 50-5-161, relating to the definition of the term "telecommunications system" for purposes of the "Telecommunications Consolidation Act of 1973"; and (12) Code Section 50-8-36, relating to human service programs and the delivery of governmental services to consumers.
SECTION 15. The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrases "handicapped person" or "handicapped persons" wherever the same shall occur and inserting in lieu thereof the phrases "person with disabilities" and "per sons with disabilities", respectively:
(1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings: (2) Code Section 30-4-1, relating to right to equal public accomodations; (3) Code Section 34-4-4, relating to the authority of the Commissioner of Labor to grant exemptions from operation of the "Georgia Minimum Wage Law"; (4) Code Section 49-2-13, relating to indentifying the transportation needs of elderly and handicapped persons and alternatives to meet them; (5) Code Section 49-2-13.1, relating to financial assistance for transportation services for elderly and handicapped persons; and (6) Code Section 49-9-15, relating to retention of title to, use of, and sale or exchange of tools, equipment, or other items of value with respect to vocational services.

MONDAY, MARCH 6, 1995

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SECTION 16. The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "handicapping" wherever the same shall occur and inserting in lieu thereof the term "disabling":
(1) Code Section 20-2-152, relating to special education services; (2) Code Section 20-2-153, relating to special instructional assistance program for stu dents with developmental deficiencies; (3) Code Section 20-2-270, relating to establishment of state-wide network of regional educational service agencies; (4) Code Section 37-2-1, relating to purpose of Chapter 2 of Title 37 regarding the administration of mental health and mental retardation services generally; (5) Code Section 37-2-2, relating to definitions applicable to Chapter 2 of Title 37 regarding the administration of mental health and mental retardation services gener ally; and (6) Code Section 43-10A-3, relating to definitions applicable to the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law."
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Teper of the 61st and Watson of the 139th move to amend the Floor sub stitute to HB 653 as follows:
By adding in the title on line 11 of page 1 between the semicolon and the word "to" the following:
"to provide for certain standards and specifications in existence prior to July 1, 1995, which exceed certain federal requirements;"
By adding at the end of line 24 of page 13 the following:
"All standards, specifications, and scoping requirements of this chapter in existence prior to July 1, 1995, which exceed the federal ADAAG requirements shall be included in regulations promulgated under this chapter."

The Floor substitute, as amended, was adopted.

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

Y Ashe Bailey
Y Baker Bannister
Y Barfoot Y Bargeron Y Barnard
Barnes Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Breedlove Y Brooks, D Y Brooks, T Y Brown, G

Y Brown, J Y Brush Y Buck Y Buckner Y Bunn Y Burkhalter
Byrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell

Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Dobbs Y Ehrhart Epps Y Evans

Y Falls Y Felton Y Floyd Y Godbee
Golden Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris E Hart Heard Y Heckstall Hegstrom Y Hembree 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 Y Kinnamon Y Klein

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JOURNAL OF THE HOUSE,

YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox
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
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
Sauder Y Scoggins Y Shanahan YShaw
Sherrill 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 E Stanley, P Y Stephenson Y Streat
Taylor Teague Y Teper
Y Thomas Y Tillman
Y Titus

Y Towery Trense
Turnquest Twiggs Y Walker, L Y Walker, R.L YWall
Y Watson Y Watts Y Westmorland Y Whitaker
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 137, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read:

A BILL
To amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that an employee and a labor organization may enter into agreements authorizing self-representation, waiver of represen tation, and payment of representation fees for employees who are represented by a labor organization in an employee grievance but who are not members of the labor organization; to make coercion in such matters unlawful; to amend other provisions to conform to this Act; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organiza tions and labor relations, is amended by striking Code Section 34-6-22, relating to the pay ment to a labor organization of a fee or assessment as a condition of employment, and inserting in its place a new Code Section 34-6-22 to read as follows:
"34-6-22. (a) No individual shall be required as a condition of employment or continuance of employment to pay any fee, assessment, or other sum of money whatsoever to a labor organization. A labor organization which is certified or recognized as the exclusive bar gaining representative of employees may enter into an agreement with an employee

MONDAY, MARCH 6, 1995

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which provides that such employee who does not wish to become a member of the labor organization but who is represented by such labor organization may pay to the labor organization a service or representation charge in an amount equivalent to the dues paid by members of the labor organization. However, any employee who does not wish to be represented by the labor organization with respect to his or her grievances may waive such representation upon executing a written agreement, provided that, in the event the employee requests union representation with respect to a grievance, the employee may reimburse the union for the cost of handling the grievance; provided, further, that, in no event shall any such employee be required to pay during the term of any collective bargaining agreement an amount greater than what he or she would have paid as normal membership dues had he or she been a member of the labor organization for the entire period of his or her employment during the term of that agreement; and provided, fur ther, that, with the union's agreement, any such employee may be allowed to represent himself or herself with respect to a grievance through the contractual grievance proce dure. Any such payment or waiver shall only be done by the employee if it is_ knowing, willing, and not coerced in any way by the labor organization. (b) Any person who attempts to coerce, harass, intimidate, or retaliate against an employee with regard to such employee's decision to pay or not to pay a labor organiza tion for represention in a grievance shall be guilty of a misdemeanor."
SECTION 2. Said chapter is further amended by striking Code Section 34-6-23, relating to certain con tracts contrary to public policy, and inserting in its place a new Code Section 34-6-23 to read as follows:
"34-6-23.
Any provision in a contract between an employer and a labor organization which requires as a condition of employment or continuance of employment that any individ ual be or remain a member or an affiliate of a labor organization or2 except as provided in Code section 34-6-22, that any individual pay any fee, assessment, or other sum of money whatsoever to a labor organization is declared to be contrary to the public policy of this state; and any such provision in any such contract heretofore or hereafter made shall be absolutely void."
SECTION 3. Said chapter is further amended by striking Code Section 34-6-24, relating to contracts requiring membership in or payments to labor organizations as a condition of employment, and inserting in its place a new Code Section 34-6-24 to read as follows:
"34-6-24.
It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer so as to require as a condition of employment or continuance of employment that any individual be or remain a member of a labor organization or2 except as provided in Code Section 34-6-22, that any individ ual pay any fee, assessment, or other sum of money whatsoever to a labor organization."
SECTION 4. This Act shall become effective on January 1, 1996.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to HB 668 by striking from line 4 of page 1 the following:
"organization may enter into agreements authorizing",
and inserting in its place the following:

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JOURNAL OF THE HOUSE,

"organization may, but are not required to, enter into agreements authorizing". By striking from line 27 of page 1 the following:
"employees may enter into an agreement with an employee", and inserting in its place the following:
"employees may, but is not required to, enter into an agreement with an employee". By striking from line 30 of page 1 the following:
"represented by such labor organization may pay to the", and inserting in its place the following:
"represented by such labor organization may, but is not required to, pay to the". By striking from line 1 of page 2 the following:
"respect to his or her grievances may waive such", and inserting in its place the following:
"respect to his or her grievances may, but is not required to, waive such". By striking from line 5 of page 2 the following:
"may reimburse the union for the cost of handling the", and inserting in its place the following:
"may, but is not required to, reimburse the union for the cost of handling the". By striking from line 13 of page 2 the following:
"union's agreement, any such employee may be allowed to", and inserting in its place the following:
"union's agreement, any such employee may, but is not required to, be allowed to".

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 Y Barfoot Y Bargeron N Barnard N Barnes Y Bates N Benefield E Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T N Brown, G N Brown, J N Brush NBuck N Buckner
Bunn Y Burkhalter NByrd N Campbell

N Canty Y Carter N Chambless Y Channell N Childers N Coker N Coleman, B
Coleman, T Connell NCox Y Crawford N Crews N Culbreth Cummings N Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S Dobbs N Ehrhart Epps

N Evans N Falls N Felton N Floyd Y Godbee N Golden N Goodwin
N Greene N Grindley N Manner N Harbin
N Harris NHart N Heard N Heckstall
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 N Johnston N Jones N Joyce NKaye N Kinnamon Y Klein YLadd Y Lakly NLane N Lawrence NLee N Lewis Y Lifsey NLord
Lucas N Maddox NMann N Martin NMcBee N McCall N McClinton

N McKinney N Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock E Parham N Partish 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

MONDAY, MARCH 6, 1995

1507

N Roberta N Rogers N Royal
N Sanders N Sauder
Scoggins N Shanahan
NShaw N Sherrill N Shipp N Simpson

N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L Y Smith, P
N Smith, T N Smith, V N Smith, W
NSmyre N Snelling

N Snow N Stallings N Stancil, F N Stancil, S N Stanley, L E Stanley, P N Stephenson N Streat N Taylor N Teague N Teper

N Thomas N Tillman N Titus Y Towery N Trense N Turnquest Y Twiggs N Walker, L N Walker, R.L N Wall N Watson

On the adoption of the amendment, the ayes were 18, nays 149. The amendment was lost.

N Watts N Westmoreland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:

Representative Reichert of the 126th moves to amend the Committee substitute to HB 668 by striking lines 25 through 34 on page 1 and lines 1 through 23 on page 2 and inserting in lieu thereof the following:
"organization.
(b)(l) No individual shall be required to accept representation by a labor organization in a grievance procedure; an employee who is a member of the labor organization which is certified or recognized as the exclusive bargaining representative may waive the right to be represented by the labor organization during any grievance procedure by executing a written agreement to that effect; an employee who does not wish to become a member of the labor organization may decline representation by the labor organization during a grievance procedure by executing a written agreement to that effect.
(2) If an employee is not a member of the labor organization which is certified or rec ognized as the exclusive bargaining representative but nevertheless requests represen tation from that labor organization during a grievance procedure, the employee and the labor organization may enter an agreement which provides that the requested representation will be provided upon payment by the employee of a service or repre sentation charge in an amount necessary to reimburse the labor organization for the cost of providing the representation but in no event to exceed the amount of dues that the employee would have paid as normal membership dues had the employee been a member of the labor organization during the term of his or her employment or the current collective bargaining agreement, whichever is less. Payment of the representation or service charge shall not be deemed to create any continuing obligation on the part of the employee for payment of dues or other fees.
(c) Any person who attempts to coerce, harass, intimidate, or retaliate against an employee with regard to such employee's decision to join or not join a labor organization or to accept or reject representation by the labor organization during a grievance proce dure shall be guilty of a misdemeanor.'"

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

N Bates N Benefield E Birdsong N Bordeaux

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

N Brown, G N Brown, J N Brush NBuck

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JOURNAL OF THE HOUSE,

N Buckner Y Bunn N Burkhalter NByrd N Campbell
N Canty N Carter N Chambless N Channell N Childers N Coker N Coleman, B
Coleman, T Connell NCox N Crawford N Crews N Culbreth Cummings N Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G N Dix Dixon, H N Dixon, S Dobbs N Ehrhart Epps N 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
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 N Joyce NKaye N Kinnamon

N Klein
NLadd N Lakly N Lane N Lawrence NLee N Lewis N Lifsey
NLord Lucas
N Maddox N Mann N Martin NMcBee N McCall N McClinton Y McKinney N Mills N Mobley, B N Mobley, J
N Mosley N Mueller N O'Neal N Orrock E Parham N Parrish N Parsons Y Pelote N Perry N Pinholster N Polak N Porter

N Poston N Powell N Purcell, A N PurceU, B N Randall N Randolph NRay N Reaves Y Reichert N Roberts N Rogers N Royal N Sanders N Sauder
Scoggins N Shanahan NShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L
Smith, P N Smith, T N Smith, V N Smith, W
N Smyre N Snelling N Snow

On the adoption of the amendment, the ayes were 5, nays 161. The amendment was lost.

N Stallings N Stancil, F N Stancil, S N Stanley, L E 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 Westmoreland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following amendment was read:
Representative Childers of the 13th moves to amend the Committee substitute to HB 668 by striking in its entirety line 3 of page 1 and inserting in lieu thereof the following:
"relations, so as to provide that, with the consent of the employer, an employee and a labor". By striking in its entirety line 25 of page 1 and inserting in lieu thereof the following: "organization. With the consent of the employer, a labor organization which is certified

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

N Ashe Y Bailey
Baker Y Bannister N Barfoot N Bargeron N Barnard Y Barnes N Bates Y 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 Y Buckner
Bunn N Burkhalter
NByrd N Campbell Y Canty

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

Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart
Epps N Evans N Falls

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

MONDAY, MARCH 6, 1995

1509

Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson Y Hugley N Irvin N James N Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly NLane

N Lawrence YLee N Lewis N Lifsey NLord
Lucas N Maddox
NMann N Martin N McBee N McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J
Y Mosley N Mueller Y O'Neal Y Orrock E Parham N Parrish N Parsons

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

N Shipp Y Simpson N 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 NSmyre N Snelling NSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L E Stanley, P N Stephenson N Streat Y Taylor Y Teague

On the adoption of the amendment, the ayes were 50, nays 117. The amendment was lost.

Y Teper Y Thomas Y Tillman N Titus N Towery N Trense Y Turnquest N Twiggs N Walker, L N Walker, R.L Y Wall N Watson Y Watts N Westmoreland N Whitaker N White
N Wiles N Williams, B
N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following substitute, offered by Representative White of the 161st, was read:

A BILL
To amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that an employer and a labor orga nization may enter into agreements authorizing the establishment and collection of service and representation charges from employees who are represented by a labor organization in an employee grievance but who are not members of the labor organization; to provide for matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organiza tions and labor relations, is amended by striking Code Section 34-6-22, relating to the pay ment to a labor organization of a fee or assessment as a condition of employment, and inserting in its place a new Code Section 34-6-22 to read as follows:
"34-6-22.
No individual shall be required as a condition of employment or continuance of employ ment to pay any fee, assessment, or other sum of money whatsoever to a labor organiza tion. A labor organization which is certified or recognized as the exclusive bargaining representative of employees may enter into a fair share agreement with an employer which provides that employees who do not wish to become members of the labor organi zation but who are represented by such labor organization shall be required to pay to the labor organization a service or representation charge in an amount equivalent to the dues paid by members of the labor organization. However, any employee who does not wish to be represented by the labor organization with respect to his or her grievances shall not be required to pay such a charge upon executing a written agreement, provided that, in the event the employee requests union representation with respect to a griev ance, the employee shall reimburse the union for the cost of handling the grievance: pro vided, further, that, in no event shall any such employee be required to pay during the

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JOURNAL OF THE HOUSE,

term of any collective bargaining agreement an amount greater than what he or she would have paid as normal membership dues had he or she been a member of the labor organization for the entire period of his or her employment during the term of that agreement; and provided, further, that, with the union's agreement, any such employee may be allowed to represent himself or herself with respect to a grievance through the contractual grievance procedure."
SECTION 2. Said chapter is further amended by striking Code Section 34-6-23, relating to certain con tracts contrary to public policy, and inserting in its place a new Code Section 34-6-23 to read as follows:
"34-6-23. Any provision in a contract between an employer and a labor organization which requires as a condition of employment or continuance of employment that any individ ual be or remain a member or an affiliate of a labor organization e? that any individual pay any fee; assessment, e* other sam f money whatsoever te a tebe* organization is declared to be contrary to the public policy of this state; and any such provision in any such contract heretofore or hereafter made shall be absolutely void."
SECTION 3. Said chapter is further amended by striking Code Section 34-6-24, relating to contracts requiring membership in or payments to labor organizations as a condition of employment, and inserting in its place a new Code Section 34-6-24 to read as follows:
"34-6-24. It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer so as to require as a condition of employment or continuance of employment that any individual be or remain a member of a labor organization er that any individual pay any fee-, assessment, r ter am -ef money whatsoever te a labor organization."
SECTION 4. This Act shall become effective on January 1, 1996.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Childers of the 13th moves to amend the Floor substitute to HB 668 by striking in its entirety line 3 of page 1 and inserting in lieu thereof the following:
"relations, so as to provide that, with the consent of the employer, an employee and a labor".
By striking in its entirety line 25 of page 1 and inserting in lieu thereof the following:
"oor"r.ganization. With the consent of the employer, a labor organization which is certified

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

N Ashe Y Bailey
Baker Y Bannister
Barfoot N Bargeron N Barnard

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

N Brooks, D Y Brooks, T
Y Brown, G N Brown, J N Brush N Buck Y Buckner

Bunn N Burkhalter
N Byrd N Campbell Y Canty N Carter Y Chambless

N Channell Y Childers
N Coker N Coleman, B N Coleman, T
Connell N Cox

MONDAY, MARCH 6, 1995

1511

N Crawford N Crews N Culbreth
Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart N Epps N Evans N Falls N Felton N Floyd N Godbee N Golden N Goodwin
Greene N Grindley N Hanner N Harbin N Harris YHart N Heard

Y Heckstall Hegstrom
N Hembree Y Henson Y Holland Y Holmes Y Howard N 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 N Lawrence YLee N Lewis N Lifsey NLord

Lucas N Maddox NMann Y Martin N McBee N McCall Y McClinton Y McKinney
N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
Y Orrock
E Parham N Parrish N Parsons Y Pelote
Y Perry
N Pinholster N Polak N Porter Y Poston N Powell N Purcell, A N Purcell, B Y Randall Y Randolph

NRay
Reaves Y Reichert Y Roberts N Rogers N Royal N Sanders N Sauder
Scoggins 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 Y Smith, T N Smith, V N Smith, W N Smyre N Snelling N Snow Y Stallings Y Stancil, F N Stancil, S

On the adoption of the amendment, the ayes were 57, nays 106. The amendment was lost.

Y Stanley, L E 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
Walker, L N Walker, R.L Y Wall N Watson Y Watts N Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

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

Connell YCox Y Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon, S
Dobbs Y Ehrhart NEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin N Greene Y Grindley Y Hanner N Harbin
Y Harris NHart N Heard N Heckstall
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 N Johnston N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence NLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann N Martin
Y McBee N McCall

N McClinton Y McKinney
Y Mills N Mobley, B Y Mobley, J Y Mosley N Mueller N O'Neal N Orrock E Parham Y Parrish Y Parsons N Pelote N Perry Y Pinholster Y Polak Y Porter Y Poston N Powell
Y Purcell, A Y Purcell, B N Randall N Randolph YRay N Reaves Y Reichert Y Roberts N Rogers Y Royal N Sanders Y Sauder
Scoggins Y Shanahan

YShaw N Sherrill
N Shipp N Simpson N Sinkfield Y Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W
N Smyre Y Snelling
YSnow Y Stallings N Stancil, F Y Stancil, S N Stanley, L E Stanley, P N Stephenson Y Streat N Taylor N Teague Y Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs

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JOURNAL OF THE HOUSE,

Y Walker, L N Walker, R.L N Wall

Y Watson N Watts Y Westmorland

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 Committee substitute, the ayes were 104, nays 66. The Committee substitute was adopted.

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

Representative Childers of the 13th moved that HB 668 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey
Baker N Bannister N Barfoot N Bargeron
N Barnard Y Barnes N 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 NBuck Y Buckner N Bunn N Burkhalter YByrd N Campbell Y Canty N Carter N Chambless N Channell Y Childers N Coker N Coleman, B Y Coleman, T
Connell YCox N Crawford

N Crews
N Culbreth
Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G N Dix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart YEpps N Evans N Falls N Felton N Floyd N Godbee N Golden N Goodwin Y Greene N Grindley N Hanner N Harbin N Harris
YHart Y Heard Y Heckstall
Hegstrom N Hembree Y Henson N Holland Y Holmes Y Howard N 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 N Lawrence YLee N Lewis N Lifsey NLord
Lucas N Maddox N Mann Y Martin N McBee N McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
Y Orrock

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

N Smith, W
Y Smyre N Snelling
NSnow N Stallings Y Stancil, F Y Stancil, S Y Stanley, L E Stanley, P Y Stephenson
N Streat Y Taylor Y Teague N Teper Y Thomas Y Tillman N Titus Y Towery N Trense Y Turnquest
Twiggs Y Walker, L N Walker, R.L Y 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

On the motion, the ayes were 68, nays 100. The motion was lost.

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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

N Ashe N Bailey N Baker

N Bannister N Barfoot N Bargeron

N Barnard Y Barnes N Bates

N Benefield
E Birdsong N Bordeaux

N Bostick N Breedlove N Brooks, D

MONDAY, MARCH 6, 1995

1513

N Brooks, T N Brown, G N Brown, J N Brush NBuck N Buckner NBunn N Burkhalter NByrd N Campbell Y Canty N Carter N Chambless N Channell Y Childers N Coker N Coleman, B N Coleman, T
Connell NCox N Crawford N Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S N Dobbs

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

N Joyce NKaye N Kinnamon N Klein NLadd N Lakly N Lane N Lawrence YLee N Lewis N Lifsey NLord
Lucas N Maddox NMann N Martin N McBee N McCall Y McClinton Y McKinney N Mills N Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal NOrrock E Parham N Parrish N Parsons N Pelote N Perry N Pinholster

N Polak N Porter Y Poston N Powell N Purcell, A N Purcell, B Y Randall N Randolph NRay Y Reaves N Reichert Y Roberts N Rogers N Royal N Sanders N Sauder
Scoggins N Shanahan NShaw Y Sherrill N Shipp N Simpson N 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 N Smyre N Snelling

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

On the passage of the Bill, by substitute, the ayes were 29, nays 143. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Pelote of the 149th 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.

Representative Stephenson of the 25th moved that the following Bill of the House be recommitted to the Committee on Banks and Banking:

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.
On the motion, 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 E Birdsong N 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 Y Channell Y Childers N Coker N Coleman, B Y Coleman, T
Connell YCox N Crawford N Crews Y Culbreth Y Cummings

Davis, G N Davis, M NDay N DeLoach, B N D':Loach, G N Dix Y Dixon, H Y Dixon, S
Dobbs Ehrhart YEpps N Evans N Falls

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

1514

JOURNAL OF THE HOUSE,

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

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

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

N Shipp Y Simpson Y Sinkfield Y Skipper
Smith, C N Smith, C.W Y Smith, L N 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 E Stanley, P Y Stephenson
Y Streat Y Taylor
Teague

Y Teper Y Thomas Y Tillman N Titus N Towery
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

On the motion, the ayes were 93, nays 70. The motion prevailed.

Representative Pelton of the 43rd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

Representatives Mosley of the 171st and Powell of the 23rd stated that they inadvert ently voted "nay" on the preceding roll call. They wished to be recorded as voting "aye" thereon.

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.

The following Committee substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the method of determining whether a breath test used to determine whether a person was driving under the influence of alcohol or drugs was prop erly conducted; to provide for two breath samples to be taken in such testing; to provide for the admissibility of such breath samples; to provide for applicability of such method of testing; to provide for related matters; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking subsection (b) of Code Section 40-5-67.1, relating to administration of chemical tests to determine if a person is driving under the influence of alcohol or drugs, in their entirety and inserting in lieu thereof a new subsection (b) to read as fol lows:

MONDAY, MARCH 6, 1995

1515

"(b) At the time a chemical test er tests are requested, the perser* shall be informed fey the arresting effieer that: At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following:
\J-/ LiCOP^flft x8W FCQU1P69 1116 pCFSOfl vQ 911DmIt T fk t69c TO determine it tftC pOPSOR "19
nder the influence ef alcohol er other drags? Implied consent notice for suspects under age 18:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your driver's license or privilege to drive will be suspended for a period of one year or until age 18, whichever is greater. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate a blood alcohol concentration of 0.04 grams or more, your driver's license will be suspended for a minimum period of one year or until the age of 18, whichever is greater. Only after first submitting to the required state tests will you be entitled to any additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (desig nate which tests) under the implied consent law?'
\fi) XT lllC testing 19 FCIUSed) til6 pCPSOtt 3 driver S 1)06119& Of Plxlt tO QP1VC Will 06" SU9~
yea* er until the age ef 48; whichever is greater, er; if-the vehicle is a commercial vehi-
minimum period ef-ene yea*; Implied consent notice for commercial driver suspects: 'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evi dence against you at trial. If you submit to testing and the results indicate the pres ence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate a blood alcohol concentration of 0.04 grams or more, you will be disqualified from operating a com mercial motor vehicle for a minimum period of one year. Only after first submitting to the required state tests will you be entitled to any additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?'
(3) ff a test is performed and the results indicate a blood alcohol concentration
peried ef one year er; for a persert wtder the age ef- 48; ft bleed alcohol conccntratien ef &64 grams er mere; the person's driver's Weens* er right te drive w4H -be auspcndcd tor A inmimuift period of one yes? of until tfte fte f if?, wnicnever ts dfPCfttepj And tt tne venicie wfts d commerci&i motor venicie find tne test results mdicftcc tne prcsTM
hibitcd frem operating a meter vehicle for 24 hours, and if the results indicate a bleed afeehel concentration ef &4 grams ef mere? the person wiH fee disqualified frem- eperfttmg commercial meter vehicle for a minimum peried ef eue year; Implied consent notice for suspects with out-of-state drivers' licenses:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privi lege of driving a motor vehicle on the highways of this state will be suspended for a period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate a blood alcohol concentration of 0.10 grams or more, your privilege of driving a

1516

JOURNAL OF THE HOUSE,

motor vehicle on the highways of this state may be suspended for a minimum period of one year. Only after first submitting to the required state tests will you be entitled to any additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (desig nate which tests) under the implied consent law?'
additional teat ef testa at the expense ef- sack person; and- Implied consent notice for all other suspects:
'Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your driver's license or privilege to drive will be suspended for a period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate a blood alcohol concentra tion of 0.10 grams or more, your driver's license may be suspended for a minimum period of one year. Only after first submitting to the required state tests will you be entitled to any additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (desig nate which tests) under the implied consent law?' \o)--J. iic FCtusoi to suDmit T ft test nifty DC oitcpftci into GVid6ncc Q^Qinst tnc person
ftt tFlftrr
Failure to provide any notice required under this subsection shall not invalidate the sus pension pursuant to this Code section of any driver's license. If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the admin istration of chemical testing, such person shall be deemed to have been properly advised of his or her rights and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person."
SECTION 2. Said Code section is further amended by striking subparagraph (g)(2)(F) and inserting in lieu thereof a new subparagraph (g)(2)(F) to read as follows:
"(F) Whether the test or tests were properly administered by an individual possess ing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operat ing components prescribed by its manufacturer properly attached and in good work ing order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of machine instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph."
SECTION 3. Said Code section is further amended by adding at the end thereof a new subsection (j) to read as follows:
"(j) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language:
'This breath-testing instrument (serial no. _____________) was thoroughly inspected, tested, and standardized by the undersigned on (date _____________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admis sible in any court of law, and shall satisfy the pertinent requirements of paragraph (1)

MONDAY, MARCH 6, 1995

1517

of subsection (a) of Code Section 40-6-392 and subparagraph (g)(2)(F) of this Code sec tion."
SECTION 4. Said title is further amended by striking paragraph (1) of subsection (a) of Code Section 40-6-392, relating to chemical tests for alcohol or drugs in the blood, in its entirety and inserting in lieu thereof a new paragraph (1) and by adding at the end of said Code section a new subsection (f) to read as follows:
"(1)^A} Chemical analysis of the person's blood, urine, breath, or other bodily sub stance, to be considered valid under this Code section, shall have been performed according to methods approved by the Division of Forensic Sciences of the Georgia Bureau of Investigation on a machine which was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order and by an individual possessing a valid permit issued by the Division of Forensic Sciences for this purpose. The Division of Forensic Sciences of the Geor gia Bureau of Investigation is authorized te shall approve satisfactory techniques or methods to ascertain the qualifications and competence of individuals to conduct analyses and to issue permits, along with requirements for properly operating and maintaining any testing instruments, and to issue certificates certifying that instru ments have met those requirements, which certificates and permits shall be subject to termination or revocation at the discretion of the Division of Forensic Sciences}. (B) In all cases where the arrest is made on or after January lj 1995, and the state selects breath testing, two sequential breath samples shall be requested for the test ing of alcohol concentration. For either or both of these sequential samples to be admissible in the state's or plaintiffs case-in-chief, the readings shall not differ from each other by an alcohol concentration of greater than 0.020 grams and the lower erf the two results shall be determinative for accusation and indictment purposes and administrative license suspension purposes. No more than two sequential series of a total of two adequate breath samples each shall be requested by the state; pro vided, however, that after an initial test in which the instrument indicates an ade quate breath sample was given for analysis, any subsequent refusal to give additional breath samples shall not be construed as a refusal for purposes of suspen sion of a driver's license under Code Sections 40-5-55 and 40-5-67.1. Notwithstand ing the above, a refusal to give an adequate sample or samples on any subsequent breath, blood, urine, or other bodily substance test shall not affect the admissibility of the results of any prior samples. An adequate breath sample shall mean a breath sample sufficient to cause the breath-testing instrument to produce a printed alco hol concentration analysis." "(f) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: 'This breath-testing instrument (serial no. _____________) was thoroughly inspected, tested, and standardized by the undersigned on (date _____________) and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admis sible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (a) of this Code section and subparagraph (g)(2)(F) of Code Section 40-5-67.1."
SECTION 5. This Act shall apply to all cases pending at the time of its approval by the Governor or its becoming law without such approval, except that the provisions regarding the require ment for two breath samples set forth in subparagraph (a)(l)(B) of Code Section 40-6-392 shall not apply to arrests made prior to January 1, 1995.
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Chambless of the 163rd moves to amend the Committee substitute to HB 610 as follows:
On page 4 delete lines 22, 23 and 24 in their entirety and substitute in lieu thereof the following:
"If any such".

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 E 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 Y 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 Y Evans Y Falls
Felton Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
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
Lucas Y Maddox YMann Y Martin Y McBee
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
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 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 E Stanley, P Y Stephenson Y Streat Y Taylor
Teague YTeper 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 Westmorland 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, by substitute, as amended, the ayes were 158, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Irvin of the 45th moved that the House reconsider its action on recommitting HB 529 to the Committee on Banks and Banking.
On the motion, the roll call was ordered and the vote was as follows:

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Y Ashe N Bailey
Baker Y Bannister N Barfoot N Bargeron Y Barnard N Barnes N Bates N Benefield
E Birdsong Y Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush
Buck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless Y 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
Dix Dixon, H N Dixon, S Dobbs Y Ehrhart NEpps Y Evans Y Falls
Felton Floyd N Godbee Golden Y Goodwin N Greene Y Grindley N Manner Y Harbin Y Harris NHart N Heard N Heckstall Hegstrom Y Hembree Henson N Holland N Holmes N Howard N Hudson

N Hugley Ylrvin
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 N Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin N McBee
McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J
Mosley Y Mueller N O'Neal N Orrock

On the motion, the ayes were 68, nays 86. The motion was lost.

E Parham N Parrish Y Parsons Y Pelote N Perry Y Pinholster
N Polak N Porter
Poston N Powell N Purcell, A N Purcell, B NRandall N Randolph
NRay N Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins Y Shanahan NShaw N Sherrill Y Shipp Y Simpson N Sinkfield 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
Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L E Stanley, P N Stephenson N Streat
Taylor NTeague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense
Turnquest 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 Williams, R Y Woods Y Yates Murphy, Spkr

Representative Smith of the 169th 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 Bannister of the 77th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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.

The following Committee substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to create a new Department of Public Health and transfer to that department certain func tions and duties previously performed by the Department of Human Resources; to create a Board of Public Health and provide for the appointment, qualification, terms, organiza tion, and compensation and expenses of its members; to provide for vacancies on the board

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and for its powers, duties, and functions; to provide for the transfer of employees to the Department of Public Health and for retirement and other merit system and employment rights; to provide for additional personnel; to provide for rules, regulations, policies, and procedures of the Department of Public Health and for the transfers of contracts, agree ments, and transactions to that department; to provide for a commissioner of public health and the appointment, removal, powers, and duties thereof; to provide that certain entities previously attached to the board of regents will be attached to the Department of Public Health for administrative purposes; to provide that the Department of Natural Resources will perform certain additional functions and duties; to provide that the commissioner of public health will perform certain duties and functions previously performed by the com missioner of human resources and that the Board of Public Health will perform certain duties and functions previously performed by the Board of Human Resources; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated; to provide for related matters; to provide for effective dates; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provi sions regarding health, is amended by striking Code Section 31-1-1, relating to definitions, and inserting in its place the following:
"31-1-1.
As used in this title, the term: (1) 'Board' means the Board of Human Resources Public Health. (2) 'Commissioner' means the commissioner of human resources public health. (3) 'Department' means the Department of Human Resources Public Health."
SECTION 2. Said chapter is further amended by striking subsections (e) and (g) of Code Section 31-1-3.1, relating to reporting handicapped newborns, and inserting in their respective places the following:
"(e) The Division Department of Public Health ef the department shall: (1) Maintain records of reports, notifications, and referrals made under this chapter; and (2) Maintain and update rosters of public and private departments or agencies which provide services to persons who have handicaps like those of handicapped newborn persons and send copies of such rosters and an annual update thereof to each county board of health for those boards of health to make such rosters available to the pub lic."
"(g) Any person or entity with whom the department enters into a contract after June 30, 1987, for services shall, as a condition of that contract, register with the Division Department of Public Health the various services that person or entity is capable of or is already providing to handicapped newborn persons and persons having handicaps like those of handicapped newborn persons for purposes of the roster of services the division department maintains under paragraph (2) of subsection (e) of this Code section."
SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 31-1-5, relating to compensation of employees for damage to wearing apparel caused by patients, and inserting in its place the following:
"(b) When action by a patient in one of the institutions operated by the department Department of Human Resources or Department of Public Health results in damage to an item of wearing apparel of an employee of the institution under the jurisdiction of the respective department, the respective department shall compensate the employee for the loss in the amount of either the repair cost or the replacement value or the cost of the item of wearing apparel, whichever is less. Such losses shall be compensated only

MONDAY, MARCH 6, 1995

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in accordance with procedures to be established by the respective department, and no compensation shall be made by the department in excess of $500.00 per claim."
SECTION 4. Chapter 2 of said title, relating to the Department of Human Resources, is amended by striking Code Section 31-2-1, creating the Department of Human Resources, and inserting in its place the following Code sections:
"31-2-1.
(a) There is created the Board of Public Health which shall establish the general policy to be followed by the Department of Public Health. The board shall consist of 15 mem bers appointed by the Governor. (b) The Governor shall designate the initial terms of the members of the board as fol lows^ three members shall be appointed for one year; three members shall be appointed for two years; three members shall be appointed for three years; three members shall be appointed for four years; and three members shall be appointed for five years. There after, all succeeding appointments shall be for five-year terms from the expiration of the previous term. (c) Vacancies in office shall be filled by appointment by the Governor. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term. (d) There shall be a chairperson of the board elected by and from the membership of the board who shall be the presiding officer of the board. (e) The members of the board shall receive a per diem allowance and expenses as shall be set and approved by the Office of Planning and Budget in conformance with rates and allowances set for members of other state boards.
31-2-1.1. (a) The Department of Human Resources Public Health is created and established to safeguard and promote the health of the people of this state and is empowered to employ all legal means appropriate to that end. Illustrating, without limiting, the forego ing grant of authority, the department is empowered to:
(1) Provide epidemiological investigations and laboratory facilities and services in the detection and control of disease, disorders, and disabilities and to provide research, conduct investigations, and disseminate information concerning reduction in the inci dence and proper control of disease, disorders, and disabilities; (2) Forestall and correct physical, chemical, and biological conditions that, if left to run their course, could be injurious to health; (3) Regulate and require the use of sanitary facilities at construction sites and places of public assembly and to regulate persons, firms, and corporations engaged in the rental and service of portable chemical toilets; (4) Isolate and treat persons afflicted with a communicable disease who are either unable or unwilling to observe the department's rules and regulations for the suppres sion of such disease and to establish, to that end, complete or modified quarantine, surveillance, or isolation of persons and animals exposed to a disease communicable to man; (5) Manufacture drugs and biologicals which are not readily available on the market and not manufactured for commercial purposes, when expressly authorized and shown on the minutes of the department; to procure and distribute drugs and biologicals and purchase services from clinics, laboratories, hospitals, and other health facilities and, when authorized by law, to acquire and operate such facilities; (6) Cooperate with agencies and departments of the federal government and of the state by supplying consultant services in medical and hospital programs and in the health aspects of civil defense; (7) Detect and relieve physical defects and deformities and provide treatment fof mental ad emotional disorders and infirmities; (8) Promote the prevention, early detection, and control of problems affecting the dental health of the citizens of Georgia;

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(9) Contract with county boards of health to assist in the performance of services incumbent upon them under Chapter 3 of this title and, in the event of grave emer gencies of more than local peril, to employ whatever means may be at its disposal to overcome such emergencies; (10) Contract and execute releases for assistance in the performance of its functions and the exercise of its powers and to supply services which are within its purview to perform; (11) Enter into or upon public or private property at reasonable times for the purpose of inspecting same to determine the presence of disease and conditions deleterious to health or to determine compliance with health laws and rules, regulations, and stan dards thereunder; (11.1) Regulate child-placing and child-caring agencies, as defined in Code Section 49-6-12, by:
(A) Setting standards, providing consultation, and making recommendations con cerning the establishment and incorporation of such agencies; and (B) Licensing and inspecting regularly such agencies to ensure their adherence to established standards as prescribed by the department. (12) Promulgate and enforce rules and regulations for the licensing of medical facili ties wherein abortion procedures under subsections (b) and (c) of Code Section 16-12-141 are to be performed; and, further, to disseminate and distribute educational information and medical supplies and treatment in order to prevent unwanted preg nancy; and (13) Establish, by rule adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' a schedule of fees for laboratory services provided, schedules to be determined in a manner so as to help defray the costs incurred by the department, but in no event to exceed such costs, both direct and indirect, in pro viding such laboratory services, provided no person shall be denied services on the basis of his inability to pay. All fees paid thereunder shall be paid into the general funds of the State of Georgia. The individual who requests services authorized in this Code section shall pay the fee. As used in this Code section, the term 'individual' means a natural person.
(b) Effective on July l^ 1995, the Department of Public Health shall carry out all func tions and exercise all powers formerly held by the Division of Public Health and by the Office of Regulatory Services of the Department of Human Resources. To assist in the transition of functions, until July 1^ 1996, the Department of Human Resources shall perform payroll, accounting, and purchasing services and other general support services on behalf of the Department of Public Health.
(c) All persons employed in the Office of Regulatory Services and in the Division of Public Health of the Department of Human Resources on June 30, 1995, shall, on July lj 1995, become employees of the Department of Public Health. Such employees shall be subject to the employment practices and policies of the Department of Public Health on and after July 1^ 1995, but consistent with the compensation and benefits of other employees of the department holding positions substantially the same as the transferred employees, the compensation and benefits of such transferred employees shall not be reduced. Employees who are subject to the State Merit System of Personnel Administra tion and who are transferred to the Department of Public Health shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on July 1^ 1995, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1995. Accrued annual and sick leave possessed by said employees on June 30, 1995, shall be retained by said employees as employees of the department.
(d)(l) The department shall conform to federal standards for a merit system of per sonnel administration in the respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards.

MONDAY, MARCH 6, 1995

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(2) The department is authorized to employ, on a full-time or part-time basis, such medical, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such profes sional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, are continued and preserved, it being the inten tion of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. (e) The Department of Public Health shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Human Resources which are in effect on June 30, 1995, and which relate to the functions transferred to the Depart ment of Public Health. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by proper authority or as otherwise provided by law. (f) The rights, privileges, entitlements, and duties of parties to contracts, leases, agree ments, and other transactions entered into before July l 1995, by the Department of Human Resources and which pertain to the functions transferred to the Department of Public Health by this chapter shall continue to exist; and none of these rights, privi leges, entitlements, and duties are impaired or diminished by reason of the transfer of the functions to the Department of Public Health. In all such instances, the Department of Public Health shall be substituted for the Department of Human Resources, and the Department of Public Health shall succeed to the rights and duties under such con tracts, leases, agreements, and other transactions.
31-2-1.2. There is created the position of commissioner of public health. The commissioner shall be the chief administrative officer of the department, shall be licensed to practice medi cine in this state and trained and experienced in public health, and shall be subject to appointment and removal by the Governor. Subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, adminis ter, and execute the functions vested in the department."
SECTION 5. Said chapter is further amended by striking paragraph (4) of subsection (b) of Code Sec tion 31-2-4, relating to rules and regulations, and inserting in its place the following:
"(4) Waivers or variances which affect an entire class of facilities may only be approved by the Board of Human Resources Public Health and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of facilities shall be made in accordance with the require ments for notice of rule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or".
SECTION 6. Said chapter is further amended by striking subsection (b) of Code Section 31-2-7, relating to standards for individual sewage management systems, and inserting in its place the fol lowing:
"(b) The Department of Human Resources Public Health shall have the authority as it deems necessary and proper to adopt state-wide minimum standards for on-site, individ ual sewage management systems, including but not limited to standards for the size and construction of septic tanks. The department is authorized to require that any on-site, individual sewage management system be examined and approved prior to allowing the

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use of such system in the state. Any on-site, individual sewage management system which has been properly approved shall, by virtue of such approval and by operation of law, be approved for installation in every county of the state; provided, however, that such on-site, individual sewage management system shall be required to meet local regu lations authorized by law. Upon written request of three or more health districts, the department is authorized to require the reexamination of any such system or component thereof, provided that documentation is submitted indicating unsatisfactory service of such system or component thereof. Before any such examination or reexamination, the department may require the person, persons, or organization manufacturing or market ing the system to reimburse the department or its agent for the reasonable expenses of such examination."
SECTION 7. Chapter 3 of said title, relating to county boards of health, is amended by striking para graph (7) of subsection (a) of Code Section 31-3-4, relating to powers of such boards, and inserting in its place the following:
"(7) Contract with the Department of Human ResourceSj Department of Public Health, or other agencies for assistance in the performance of its functions and the exercise of its powers and for supplying services which are within its purview to per form, provided that such contracts and amendments thereto shall have first been approved by the department. In entering into any contracts to perform its functions and to exercise its powers, and for supplying services which are within its purview to perform, any county board of health or any health district created under the authority of Code Section 31-3-15 shall be considered an agency and such agency shall have the authority to contract with any other county board of health; combination of county boards of health; any other health district; public or private hospitals; hospital author ities; medical schools; training and educational institutions; departments and agencies of the state; county or municipal governments; persons, partnerships, corporations, and associations, public or private; the United States government or the government of any other state; or any other legal entity; and".
SECTION 8. Chapter 4 of said title, creating the Council on Maternal and Infant Health, is amended by striking the undesignated introductory paragraph of Code Section 31-4-2, setting forth the duties of the council, and inserting in its place the following:
"The council shall serve in an advisory capacity to the Board of Human Resources Pub lic Health, the Department of Human Resources Public Health, and any other state agency in all matters relating to maternal health, particularly:".
SECTION 9. Chapter 5 of said title, relating to administration and enforcement, is amended by striking Code Section 31-5-1, relating to adoption of rules, and inserting in its place the following:
"31-5-1.
All rules and regulations of the Department of Human Resources Public Health and any county board of health shall be adopted after due notice to and hearing by persons and parties affected thereby; and such rules and regulations shall be maintained in a book kept for that purpose, orderly arranged and indexed and subject to inspection by the public during regular business hours. The agency adopting such rules and regulations shall make copies thereof available for distribution to persons interested in or affected thereby. Such agencies are also authorized to provide for the mimeographing, printing, or other reproduction of their regulations and the distribution thereof. No rule or regula tion shall become effective as law until 30 days after its adoption, except in cases of emergencies constituting an imminent threat to the public, in which event such rules or regulations shall become effective upon adoption; but, in all such cases, the agency adopting same shall as a part thereof state the conditions found by it to justify such immediate effectiveness. Where deemed desirable by the agency, hearing and notice as provided in Code Section 31-5-2 may be conducted by it prior to adoption of any rule or regulation."

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SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 31-5-9, relating to injunctions, and inserting in its place the following:
"(a) The Department of Human Resources Public Health and all county boards of health are empowered to institute appropriate proceedings for injunction in the courts of competent jurisdiction in this state for the purpose of enjoining a violation of any provision of this title as now existing or as may be hereafter amended or of any regula tion or order duly issued by the department or any county board of health, provided that this Code section shall not apply to violations of the provisions of Chapter 20 of this title. The department and the county boards of health are also empowered to main tain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime and notwithstanding that other adequate reme dies at law exist. Such actions may be instituted in the name of the department or any county board, as the case may be, in the county in which a violation of any provision of this title occurs. For purposes of this Code section, the county boards of health are declared to be legal entities capable of maintaining actions in their respective names without naming the individuals constituting such board, or acting on behalf of the department, as the case may be."
SECTION 11. Said chapter is further amended by striking Code Section 31-5-20, relating to a definition regarding warrants, and inserting in its place the following:
"31-5-20.
As used in this chapter, the term 'inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the Department of Human Resources Public Health or a local agency thereof."
SECTION 12. Said chapter is further amended by striking Code Section 31-5-21, relating to inspection warrants, and inserting in its place the following:
"31-5-21.
The commissioner or his or her delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner or the director of any county board of health, or the agents of either, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Human Resources Public Health or a local agency thereof, provided that only the Commissioner of Agriculture shall have the authority to obtain an inspection warrant in connection with matters arising under Chapter 25 of this title."
SECTION 13. Chapter 6 of said title, relating to state health planning and development, is amended by striking paragraphs (3) and (16.1) of Code Section 31-6-2, relating to definitions, and inserting in their respective places the following:
"(3) 'Bed capacity' means space used exclusively for inpatient care, including space designed or remodeled for inpatient beds even though temporarily not used for such purposes. The number of beds to be counted in any patient room shall be the maxi mum number for which adequate square footage is provided as established by rules of the Department of Human Resources Public Health, except that single beds in sin gle rooms shall be counted even if the room contains inadequate square footage."

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"(16.1) 'Operating room environment' means an environment which meets the mini mum physical plant and operational standards specified on January 1, 1991, for ambu latory surgical treatment centers in Section 290-5-33-.10 of the rules of the Department of Human Resources Public Health."
SECTION 14. Said chapter is further amended by striking subsection (i) of Code Section 31-6-20, relat ing to the Health Strategies Council generally, and inserting in its place the following:
"(i) The council shall involve and coordinate functions with such state entities as neces sary to ensure the coordination of state health policies and programs, including but not limited to the State Health Planning Agency, the Department of Medical Assistance, the Department of Human ResourceSj the Department of Public Health, the Office of the Commissioner of Insurance, the Office of Planning and Budget, the House Health and Ecology Committee, the House Insurance Committee, the Senate Health and Human Services Committee, the Senate Insurance and Labor Committee, the board of regents, the Department of Education, and the Department of Community Affairs."
SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 31-6-21, relat ing to the Health Planning Agency generally, and inserting in its place the following:
"(a) There is created the Health Planning Agency which is authorized to administer the certificate of need program established under this chapter and, within the appropria tions made available to the planning agency by the General Assembly of Georgia and consistently with the laws of the State of Georgia, a state health plan adopted by the Health Strategies Council and approved by the Governor. The planning agency shall provide, by rule, for its own organization and procedures to administer its functions and shall be attached to the Department of Human Resources Public Health for administra tive purposes only, as set forth in Code Section 50-4-3."
SECTION 16. Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Sec tion 31-6-47, relating to exemptions from chapter, and inserting in its place the following:
"(11) Capital expenditures otherwise covered by this chapter required solely to elimi nate or prevent safety hazards as defined by federal, state, or local fire, building, envi ronmental, occupational health, or life safety codes or regulations, to comply with licensing requirements of the Department of Human Resources Public Health, or to comply with accreditation standards of the Joint Commission on Accreditation of Hos pitals;".
SECTION 17. Chapter 7 of said title, relating to health care facilities, is amended by striking subparagraph (F) of paragraph (1) of Code Section 31-7-1, relating to definitions, and inserting in its place the following subparagraphs:
"(F) Any building or facility where human births occur on a regular and ongoing basis and which is classified by the Department of Human Rcsourcca Public Health as a birthing center; e* (F.I) Any place in which any person, society, agency, corporation, or facility receives, treats, or cares for, within any six-month period, more than one pregnant woman whose child is to be born out of wedlock, either before, during, or within two weeks after childbirth. This shall not include women who receive maternity care in the home of a relative or in general or special hospitals, licensed according to law, in which maternity treatment and care is part of the medical services performed and the care of children is only brief and incidental; or"
SECTION 18. Said chapter is further amended by striking Code Section 31-7-29, relating to protection of rights and interests of bondholders, and inserting in its place the following:
"31-7-29.

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While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents or those of the Department of Human Rcaoufcca Public Health or of any other state agency or depart ment shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds; nor will the state itself so compete with the authority. This article shall be for the benefit of the state, the authority, and the holders of any such bonds and, upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds."
SECTION 19. Said chapter is further amended by striking the first undesignated paragraph of subsection (a) of Code Section 31-7-35, relating to fees, rentals, charges for use of projects; sinking fund for other revenues and earnings; and rules and regulations for operation of projects, and inserting in its place the following:
"The rentals contracted to be paid by the Department of Human Resources Public Health or other contracting or leasing department, agency, or institution of the state to the authority under leases entered upon pursuant to this article shall constitute obliga tions of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the Depart ment of Human Rcaourcca Public Health or other contracting or leasing department, agency, or institution of the state to see to the punctual payment of all such rentals."
SECTION 20. Said chapter is further amended by striking Code Section 31-7-94, relating to grants to hospital authorities, and inserting in its place the following:
"31-7-94.
The state is authorized to make grants, as funds are available, to hospital authorities for public health purposes, provided that any funds so granted shall be distributed to and among the various public hospital authorities in the state in proportion to the num ber of hospital beds operated by each such hospital authority at the end of the calendar year preceding the grant. Funds shall be distributed to public hospitals operated by con solidated governments in the same manner as to authority hospitals prescribed in this Code section. Grants made by the state pursuant to this Code section shall be adminis tered by the Department of Human Resources Public Health in accordance with such rules, regulations, and procedures as it shall deem necessary for effective administration of such grants."
SECTION 21. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Sec tion 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, and inserting in its place the following:
"(1) 'Designated teaching hospital' means a teaching hospital operated by other than a hospital authority, which hospital agrees to contract with the state to offer or con tinue to offer a residency program approved by the American Medical Association, which program has at least 50 residents and which hospital operates a 24 hour, sevenday-per-week emergency room open to the public and which hospital files a semian nual statistical report consistent with those filed by other state funded tertiary, neonatal, obstetrical centers with the Family Health Section of the Department of Human Resources Public Health."
SECTION 22. Said chapter is further amended by striking paragraph (2) of Code Section 31-7-172, relat ing to hospice care definitions, and inserting in its place the following:
"(2) 'Department' means the Department of Human Rcsourcca Public Health."

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SECTION 23. Said chapter is further amended by striking subsection (a) of Code Section 31-7-175, relat ing to administration of hospice care, and inserting in its place the following:
"(a) The administration of this article is vested in the Department of Human Rcoourcca Public Health which shall:
(1) Prepare and furnish all forms necessary under the provisions of this article in rela tion to the application for licensure or renewals thereof; (2) After consultation with appropriate public interest groups, adopt rules within the standards of this article necessary to effect the purposes of this article; and (3) Establish rules and regulations for the licensure of hospices."
SECTION 24. Said chapter is further amended by striking Code Section 31-7-176.1, relating to determi nation or pronouncement of death, and inserting in its place the following:
"31-7-176.1.
When a patient who is terminally ill or whose death is anticipated and who is receiving hospice care from a licensed hospice dies, a registered professional nurse licensed in this state and employed by such hospice at the time of apparent death of such person, in the absence of an attending physician, may make the determination and pronouncement of the death of said patient; provided, however, that, when a hospice patient is a regis tered organ donor, only a physician may make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the commissioner of human resources public health."
SECTION 25. Said chapter is further amended by striking paragraph (2) of Code Section 31-7-300, relat ing to definitions regarding private home care providers, and inserting in its place the fol lowing:
"(2) 'Department' means the Department of Human Resources Public Health."
SECTION 26. Said chapter is further amended by striking Code Section 31-7-304, relating to fees regard ing private home care providers, and inserting in its place the following:
"31-7-304.
The department is authorized to charge an application fee, a license fee, a license renewal fee, or a similar fee and the amount of such fees shall be established by the Board of Human Resources Public Health. Each fee so established shall be reasonable and shall be determined in such a manner that the total of the fees charged shall approximate the total of the direct and the indirect costs to the state of the operation of the licensing program. Fees may be refunded for good cause as determined by the department."
SECTION 27. Chapter 8 of said title, relating to the care and protection of indigent and elderly patients, is amended by striking Code Section 31-8-1, establishing the program for hospital care for the indigent, and inserting in its place the following:
"31-8-1.
In order to promote and preserve the health of the people of this state, there is estab lished a Hospital Care for the Indigent Program to be administered by the Department of Human Resources Public Health. The purpose of this program is to assist counties in the purchase of hospital care for persons who are ill or injured and who can be helped by treatment in a hospital but are financially unable to meet the full cost of hospital care from their own resources or from the resources of those upon whom they are legally dependent. The purchase of such hospital care shall be limited to the nonprofit basic cost of hospital care needed for the treatment of the ill or injured, as deemed necessary and ordered by the physician in charge of the case in accordance with this article and the rules, regulations, and standards adopted and promulgated pursuant to this article."

MONDAY, MARCH 6, 1995

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SECTION 28. Said chapter is further amended by striking subsection (a) of Code Section 31-8-32, relat ing to determinations of indigency, and inserting in its place the following:
"(a) The commissioner of human resources public health shall adopt state-wide stan dards to determine indigency for the purposes of this article. To the extent practicable, such standards shall be based on similar standards adopted for the purpose of determin ing the ability to pay of patients receiving services in state hospitals as authorized by state law, as now or hereafter enacted, governing responsibility for payment of cost of care for health care services rendered by state hospitals."
SECTION 29. Said chapter is further amended by striking subsection (a) of Code Section 31-8-36, relat ing to state appropriations for indigent health care, and inserting in its place the following:
"(a) For each fiscal year, beginning with the 1980-81 fiscal year, the commissioner shall make a request for appropriation of the amount determined under Code Section 31-8-34 as the state-wide cost of care for nonresident indigent patients in the budget of the Department of Human Resources Public Health under the category: 'Nonresident Indi gent Health Care Fund.' The budget shall cite this article as the authority for such request and shall make such additional explanation of the request as the commissioner deems appropriate."
SECTION 30. Said chapter is further amended by striking subsection (a) of Code Section 31-8-43, relat ing to determination of indigency, and inserting in its place the following:
"(a) The commissioner of human resources public health shall adopt state-wide stan dards to determine indigency for the purposes of this article, which standards shall be based upon and consistent with 125 percent of the federal poverty level as it exists on May 1, 1985. These standards shall further provide for legal liability, based upon ability to pay some reasonable percentage of cost of care, for patients and other persons legally liable for the patients' cost of care if those patients or other persons do not meet the indigency standards based upon less than 100 percent of the federal poverty level but do meet those standards based upon between 100 and 125 percent of the federal poverty level, as such level exists on May 1, 1985."
SECTION 31. Said chapter is further amended by striking subsections (c) and (d) of Code Section 31-8-46, relating to investigations, and inserting in their respective places the following:
"(c) Any hospital held to be in violation of Code Section 31-8-42 more than three times within any 12 month period shall be subject to suspension or revocation of license by the Department of Human Resources Public Health. (d) The Department of Human Resources Public Health is authorized and directed to promulgate appropriate rules and regulations for the enforcement of this article."
SECTION 32. Said chapter is further amended by striking paragraph (2) of Code Section 31-8-51, relat ing to definitions regarding the long-term care ombudsman program, and inserting in its place the following:
"(2) 'Long-term care facility' means any skilled nursing home, intermediate care home, or personal care home now or hereafter subject to regulation and licensure by the department Department of Public Health."
SECTION 33. Said chapter is further amended by striking Code Section 31-8-59, relating to notices regarding the long-term care ombudsman program, and inserting in its place the following:
"31-8-59.
The state ombudsman shall prepare and distribute to each long-term care facility in the state a written notice describing the long-term care ombudsman program and the proce dure to follow in making a complaint, including the address and telephone number of

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the state ombudsman and community ombudsman, if any. The administrator shall give the written notice required by this Code section to each resident and his legally appointed guardian, if any, upon admission. The administrator shall also post such writ ten notice in conspicuous public places in the facility in accordance with procedures pro vided by the state ombudsman and shall give such notice to any resident and his legally appointed guardian, if any, who did not receive it upon admission. The failure to pro vide the notices required by this Code section shall be a ground upon which the departmeat Department of Public Health may revoke any permit issued to a long-term care facility under Code Section 31-7-1."
SECTION 34. Said chapter is further amended by striking Code Section 31-8-63, relating to rules and regulations regarding the long-term care ombudsman program, and inserting in its place the following:
"31-8-63.
The department Department of Human Resources is authorized to adopt and promul gate rules and regulations to implement this article."
SECTION 35. Said chapter is further amended by striking paragraph (3) of Code Section 31-8-81, relat ing to definitions regarding reporting abuse or exploitation of residents in long-term care facilities, and inserting in its place the following:
"(3) 'Long-term care facility' or 'facility' means any skilled nursing home, intermedi ate care home, or personal care home now or hereafter subject to regulation and licensure by the department Department of Public Health."
SECTION 36. Said chapter is further amended by striking subsection (a) of Code Section 31-8-82, relat ing to the reporting of abuse or exploitation, and inserting in its place the following:
"(a) Any: (1) Administrator, manager, physician, nurse, nurse's aide, orderly, or other employee in a hospital or facility; (2) Medical examiner, dentist, osteopath, optometrist, chiropractor, podiatrist, social worker, coroner, clergyman, police officer, pharmacist, physical therapist, or psycholo gist; or (3) Employee of a public or private agency engaged in professional services to resi dents or responsible for inspection of long-term care facilities
who has knowledge that any resident or former resident has been abused or exploited while residing in a long-term care facility shall immediately make a report as described in subsection (c) of this Code section by telephone or in person to the department. In the event that an immediate report to the department is not possible, the person shall make the report to the appropriate law enforcement agency. Such person shall also make a written report to the Department of Human Rcsourcco Public Health within 24 hours after making the initial report."
SECTION 37. Said chapter is further amended by striking paragraph (3) of Code Section 31-8-102, relat ing to definitions regarding bill of rights for residents of long-term care facilities, and inserting in its place the following:
"(3) 'Long-term care facility' or 'facility' means any intermediate care home, skilled nursing home, or intermingled home subject to regulation and licensure by the depart ment Department of Public Health."
SECTION 38. Said chapter is further amended by striking Code Section 31-8-104, relating to explanation of rights for residents of long-term care facilities, and inserting in its place the following:
"31-8-104.

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1531

Each resident and his guardian or representative, if the resident does not have a guard ian, shall be given by the facility a written and oral explanation of the rights, grievance procedures, and enforcement provisions provided for by this article before or at the time of admission to a long-term care facility. Written acknowledgment of the receipt of such explanation by the resident and his guardian or representative shall be made a part of the resident's file. In addition, each facility shall post written notices of such rights in conspicuous locations in the facility. Such written notices shall be prepared by the deportment Department of Public Health. The notices shall be prepared in type and for mat which is easily readable by residents and shall describe residents' rights, grievance procedures, and enforcement provisions provided for by this article."
SECTION 39. Said chapter is further amended by striking subsection (g) of Code Section 31-8-116, relat ing to involuntary transfer of residents discharged from facility, and inserting in its place the following:
"(g) Each resident shall be discharged from a facility after the resident or guardian gives the administrator or person in charge of the facility notice of the resident's desire to be discharged and the date of the expected departure. Where the resident appears to be incapable of living independently of the facility, the facility shall notify the county department of family and children services in order to obtain social or protective assist ance for the resident immediately. The notice of the discharge by the resident or guard ian, the expected and actual date thereof, and notice to the county department, where required, shall be documented in the resident's records. Upon such discharge and, if required, notice to the department, the facility is relieved from any further responsibility for the resident's care, safety, or well-being."
SECTION 40. Said chapter is further amended by striking subsection (f) of Code Section 31-8-124, relat ing to grievances, and inserting in its place the following:
"(f) The facility shall maintain a central file of documents pertaining to grievances, such file to be confidential, except that any resident, guardian, or representative may review any document pertaining to the resident and all documents shall be available to the department Department of Human Resources for inspection. This subsection shall not apply to any documents protected by the attorney-client privilege."
SECTION 41. Said chapter is further amended by striking subsections (a), (b), (d), and (e) of Code Sec tion 31-8-125, relating to administrative hearings for violation of rights, and inserting in their respective places the following:
"(a) Any resident, guardian, or representative who believes his rights under Code Sec tion 31-8-107, paragraph (3) of subsection (b) of Code Section 31-8-108, Code Section 31-8-109, paragraphs (3) and (4) of Code Section 31-8-111, subsection (d) of Code Sec tion 31-8-112, Code Section 31-8-116, Code Section 31-8-117, or Code Section 31-8-120 have been violated or any complainant or facility dissatisfied with a decision of a referee shall have the right to request a hearing from the department pursuant te Chapter 13 ef Title 60; th 'Georgia Administrative Procedure Act.' he department is authorized te heW such hearings a*dr kt the ease ef- a appeal ef- a decision ef- a referee, the departfljeirt may held atieh hearings by review ef the reeerdr Department of Public Health. The Department of Public Health shall then refer said request to the Office of State Admin istrative Hearings which shall conduct said hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The hearing shall be conducted within 45 days of the receipt by the department Office of State Administrative Hearings of the request for a hearing. Except where the state or community ombudsman has already been involved in the matter at issue, the department Department of Public Health may refer the complaint to the state or com munity ombudsman for informal resolution pending the hearing." "(d) The deportment Office of State Administrative Hearings shall hold such hearings at the facility upon the resident's request or as necessary due to the resident's medical

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condition. Where residents of a facility allege a common complaint, the deportment Office of State Administrative Hearings may at the residents' request schedule a single hearing. (e) If the department finds e final administrative decision does not find violations of this article, the resident and facility will be so informed. If a violation has occurred, the department Department of Public Health shall order the facility to correct such viola tion; and, upon failure to correct such violation within a reasonable time, the dcportfirteet Department of Public Health may impose appropriate civil penalties as provided for in Code Section 31-8-126."
SECTION 42. Said chapter is further amended by striking subsections (b), (c), and (e) of Code Section 31-8-126, relating to cause of action against facility for violation of rights, and inserting in their respective places the following:
"(b) In addition to other penalties or remedies that may be imposed by this article or other law, the department Department of Public health is authorized to impose civil penalties as follows:
(1) If a violation has occurred, the department Department of Public Health shall order the facility to correct such violation. Upon failure to correct such violation within a reasonable period of time, the department Department of Public Health may order the facility to discontinue admitting residents until such violation is corrected; and (2) In cases of violations repeated by a facility under the same license within a 12 month period, the department Department of Public Health shall be authorized to assess a civil penalty not to exceed $75.00 per violation for each day in which the vio lation continues, except that the maximum civil penalty for each violation shall not exceed $2,500.00. In imposing such civil penalties the department Department of Pub lic Health shall consider all relevant factors including, but not limited to:
(A) The amount of assessment necessary to ensure immediate and continued com pliance; (B) The character and degree of impact of the violation of the health, safety, and welfare of any resident in the nursing home; (C) The conduct of the person or facility against whom the citation is issued in tak ing all feasible steps or procedures necessary or appropriate to comply or to correct the violations; and (D) Any prior violations by the facility of statutes, regulations, or orders adminis tered, adopted, or issued by the department Department of Public Health. (c) Any such civil penalty shall be imposed by the department Department of Public Health only after notice and hearing as provided in Article 1 of Chapter 5 of this title." "(e) All civil penalties recovered by the department Department of Public Health under this Code section shall be paid into the state treasury."
SECTION 43. Said chapter is further amended by striking Code Section 31-8-127, relating to rules and regulations regarding certain rights, and inserting in its place the following:
"31-8-127.
The department Department of Public Health is authorized to promulgate rules and reg ulations to implement this article."
SECTION 44. Said chapter is further amended by striking Code Section 31-8-133, relating to residents' rights, and inserting in its place the following:
"31-8-133.
Residents' rights shall include all rights enumerated in the Rules of the Department of Ha Resources Public Health Chapter 290-5-35, including, but not limited to, proce dural protections relating to admission, transfer, or discharge of residents."

MONDAY, MARCH 6, 1995

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SECTION 45.
Said chapter is further amended by striking subsections (a), (c), (e), and (f) of Code Sec tion 31-8-135, relating to hearing for personal care home residents, and inserting in their respective places the following:
"(a) Any resident, the representative or legal surrogate of the resident, if any, or the state or community ombudsman, who believes the resident's rights have been violated by a personal care home, its governing body, administrator, or employee, shall have the right to request a hearing from the department Department of Public Health pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
"(c)(l) Except as provided in paragraph (2) of this subsection, the hearing provided for in subsection (a) of this Code section shall be conducted within 45 days of the receipt by the department Office of State Administrative Hearings of the request for a hearing. Where the state or community ombudsman has not already been involved in the matter at issue, the department Department of Public Health may refer the request for a hearing to the state or community ombudsman for informal resolution pending the hearing. Such referral shall not extend the 45 day period in which the department Office of State Administrative Hearings shall conduct such hearing. (2) If a resident or a resident's legal surrogate or representative, if any, alleges that an action or failure to act by a personal care home or its governing body, administra tor, or employee is in retaliation for the exercise by that resident or his or her repre sentative or legal surrogate, if any, of a right conferred by state or federal law or court order, the hearing provided for in subsection (a) of this Code section shall be con ducted within 15 days of the receipt of the department Office of State Administrative Hearings of the request for a hearing. For such hearing, all pending requests for hear
ing by the resident or his or her legal surrogate or representative, if any, relating to such resident shall be consolidated." "(e) The department Office of State Administrative Hearings shall hold any hearing provided for in subsection (a) of this Code section at the personal care home upon the
resident's request or as necessary due to the resident's physical condition. Where two or more residents of a personal care home allege a common complaint, the deportment Office of State Administrative Hearings may at the residents' request schedule a single hearing.
(f) If the department finds ao final administrative decision does not find violations of this article, the resident and personal care home will be so informed. If a violation has
occurred: (1) The hearing officer shall so notify the staff within the department Department of Public Health responsible for the licensure of personal care homes;
(2) The department Department of Public Health shall order the personal care home to correct such violation; and (3) Upon failure of the personal care home to correct such violation within a reason able time, the deportment Department of Public Health may impose appropriate civil
penalties as provided for in Code Section 31-2-6."
SECTION 46.
Said chapter is further amended by striking subsections (a) and (d) of Code Section 31-8-136, relating to action for damages for violation of rights of personal care home resi dents, and inserting in their respective places the following:
"(a) Any resident or the representative or legal surrogate of the resident, if any, may bring an action in a court of competent jurisdiction to recover actual and punitive dam ages against a personal care home or its governing body, administrator, or employee for
any violation of the rights of a resident granted under this article. Upon referral and request by the department Department of Public Health, the Attorney General may bring such an action. Where a violation of a resident's rights has been found, the resi
dent shall be awarded the actual damages or $1,000.00, whichever is greater, and may be awarded punitive damages."
"(d) Any resident or the representative or legal surrogate of the resident, if any, may bring an action to recover damages for any action of a personal care home or its govern
ing body, administrator, or employee that adversely affects the resident's rights, privi leges, or living arrangement in retaliation for that resident or his or her representative

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or legal surrogate, if any, having exercised a right conferred by state or federal law or court order. Upon referral and request by the department Department of Public Health, the Attorney General may bring such an action. In any action brought under this Code section alleging retaliation, there shall be a presumption of retaliatory conduct, rebuttable by a showing of clear and convincing evidence, if an owner, licensee, administrator, or employee attempts to discharge, transfer, or relocate a resident involuntarily within six months after that resident or his or her representative or legal surrogate, if any, files an action for relief under this Code section, exercises a right to a hearing under this arti cle, or makes an oral or written grievance against the personal care home or its govern ing body, administrator, or employee to the personal care home, a state or community ombudsman, or a state government official or employee."
SECTION 47. Said chapter is further amended by striking Code Section 31-8-139, relating to mandamus regarding personal care homes, and inserting in its place the following:
"31-8-139.
A resident, the representative or legal surrogate of the resident, if any, the community ombudsman, the governing body of the personal care home, or any other interested party may bring an action in court for mandamus pursuant to Article 2 of Chapter 6 of Title 9 to order the department Department of Public Health to comply with any state or federal law relevant to the operation of a personal care home or the care of its residents."
SECTION 48. Chapter 10 of said title, relating to vital records, is amended by striking paragraphs (1) and (3) of Code Section 31-10-1, relating to definitions, and inserting in their respective places new paragraphs to read as follows:
"(1) 'Commissioner' means the commissioner of human resources public health." "(3) 'Department' means the Department of Human Resources Public Health."
SECTION 49. Chapter 11 of said title, relating to emergency medical services, is amended by striking paragraph (4) of subsection (a) of Code Section 31-11-1, relating to findings and declara tion of policy, and inserting in its place the following:
"(4) That the administration of an emergency medical systems communications pro gram should be the responsibility of the Department of Human Resources Public Health, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the '911' emergency telephone number;".
SECTION 50. Said chapter is further amended by striking paragraphs (3), (14), and (15) of subsection (a) of Code Section 31-11-2, relating to definitions, and inserting in their respective places the following:
"(3) 'Ambulance provider' means an agency or company providing ambulance service which is operating under a valid license from the Emergency Health Section ef the Division ef- PabHe Health ef the Department of Human Resources Public Health." "(14) 'License officer' means the commissioner of human resources public health or his or her designee. (15) 'Local coordinating entity' means the public or nonprofit private entity desig nated by the Board of Human Resources Public Health or its designee to administer and coordinate the EMSC Program in a health district established in accord with Code Section 31-3-15."
SECTION 51. Said chapter is further amended by striking subsection (a) of Code Section 31-11-3, relat ing to local coordinating entity recommendations, and inserting in its place the following:

MONDAY, MARCH 6, 1995

1535

"(a) The Board of Human Resources Public Health shall have the authority on behalf of the state to designate and contract with a public or nonprofit local entity to coordi nate and administer the EMSC Program for each health district designated by the Department of Human Resources Public Health. The local coordinating entity thus des ignated shall be responsible for recommending to the board or its designee the manner in which the EMSC Program is to be conducted. In making its recommendations, the local coordinating entity shall give priority to making the EMSC Program function as efficiently and economically as possible. Each licensed ambulance provider in the health district shall have the opportunity to participate in the EMSC Program."
SECTION 52. Said chapter is further amended by striking subsection (a) of Code Section 31-11-31.1, relating to license fee, and inserting in its place the following:
"(a) Every ambulance service, whether privately operated or operated by any political subdivision of the state or any municipality, as a condition of maintaining a valid license shall pay an annual license fee to the license officer in an amount to be determined by the Board of Human Resources Public Health. The amount of said license fee may be periodically revised by said board. Said license fee shall become due and payable upon the initial issuance of the license and each year thereafter on the anniversary date of the initial license issuance."
SECTION 53. Said chapter is further amended by striking subsection (c) of Code Section 31-11-36, relat ing to suspension or revocation of license and appeal to superior court, and inserting in its place the following:
"(c) Appeal to the superior court shall be by petition which shall be filed in the clerk's office of such court within 30 days after the final order or action of the department; the petition shall set forth the names of the parties taking the appeal, the order, rule, regu lation, or decision appealed from, and the reason it is claimed to be erroneous. The enforcement of the order or action appealed from shall be automatically stayed upon the filing of such petition unless the commissioner of human resources public health in his or her final order certifies that his or her decision if stayed will harm the public health and safety, in which case a reviewing court may order a stay only if the court makes a finding that the public health and safety will not be harmed by the issuance of the stay. Upon the filing of such petition, the petitioner shall serve on the commissioner a copy thereof in the manner prescribed by law for the service of process, unless such ser vice of process is waived. The appeal shall be an appeal de novo to the superior court and the appealing party shall have a right to a jury trial and all rights provided under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' The superior court shall render a decision approving, setting aside, or modifying the order or action appealed from."
SECTION 54. Said chapter is further amended by striking subsection (a) of Code Section 31-11-50, relat ing to medical advisers, and inserting in its place the following:
"(a) To enhance the provision of emergency medical care, each ambulance service shall be required to have a medical adviser. The adviser shall be a physician licensed to prac tice medicine in this state and subject to approval by the medical consultant ef- the
Cy f ICEurn OCCllOU Or unC IJl VlSlOtt Or rflVSlCfll TlCftirft Of tflC JJCpflTtlDGIlt OI
Human Resources Public Health. Ambulance services unable to obtain a medical adviser, due to unavailability or refusal of physicians to act as medical advisers, may request the district health director or his or her designee to act as medical adviser until the services of a physician are available."
SECTION 55. Chapter 12 of said title, relating to the control of hazardous conditions, preventable dis eases, and metabolic disorders, is amended by striking Code Section 31-12-1, relating to the power to conduct research and studies, and inserting in its place the following:
"31-12-1.

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The Department of Human Resources Public Health and county boards of health are empowered to conduct studies, research, and training appropriate to the prevention of diseases and accidents, the use and control of toxic materials, and the prevention of environmental conditions which, if permitted to develop or continue, would likely endan ger the health of individuals or communities."
SECTION 56. Chapter 13 of said title, relating to radiation control, is amended by striking paragraphs (3), (5), and (9.1) of Code Section 31-13-3, relating to definitions, and inserting in their respective places the following:
"(3) 'General license' means a license effective pursuant to applicable rules and regu lations promulgated by the Department of Human Resources Public Health or the Department of Natural Resources, without the filing of an application, to transfer, acquire, own, possess, or use quantities of by-product, source, or special nuclear mate rials, or other radioactive material occurring naturally or produced artificially or devices, radiation generating equipment, or equipment utilizing such materials." "(5) 'Permissible radiation exposure' means the maximum amount of radiation to which an individual may be exposed, as established in applicable standards adopted by the Department of Human Rcaourcca Public Health or the Department of Natural Resources." "(9.1) 'Registration' means registration with either the Department of Human Resources Public Health or the Department of Natural Resources in accordance with applicable rules and regulations adopted pursuant to this chapter."
SECTION 57. Said chapter is further amended by striking Code Section 31-13-4, relating to administra tion of state-wide radiation control program for radiation generating equipment, and inserting in its place the following:
"31-13-4.
The Department of HtHwm Resources Public Health is designated the state agency to administer a state-wide radiation control program for radiation generating equipment consistent with this chapter and any environmental laws, rules, regulations, standards, or limitations administered by the Department of Natural Resources. It is declared to be the intent of the General Assembly that no provision of this chapter shall be con strued so as to repeal, supersede, or preempt any of the functions, powers, authority, duties, or responsibilities assigned to the Environmental Protection Division of the Department of Natural Resources under this chapter or any other laws or statutes of this state."
SECTION 58. Said chapter is further amended by striking Code Section 31-13-5, relating to powers and duties of Department of Human Resources and Department of Natural Resources; enforce ment of chapter through inspection; and training programs, and inserting in its place the following:
"31-13-5.
(a) For the protection of the public health and safety, the Department of Htmttm Resources Public Health, with regard to radiation generating equipment, and the Department of Natural Resources, with regard to radioactive materials, are empowered to:
(1) Develop comprehensive policies and programs for the evaluation, determination, and amelioration of hazards associated with the use of radiation. Such policies and programs shall be developed with due regard for compatibility with federal programs; (2) Advise, consult, and cooperate with other public agencies and with affected groups and industries; (3) Encourage, participate in, or conduct studies, investigations, public hearings, train ing, research, and demonstrations relating to the control of sources of radiation, the effect upon public health and safety of exposure to radiation, and related problems;

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(4) Adopt, promulgate, amend, and repeal such rules, regulations, and standards which may provide for licensing or registration relating to the distribution, assembly, manufacture, production, transportation, use, handling, storage, disposal, sale, lease, or other disposition of radioactive material and radiation generating equipment as may be necessary to carry out this chapter, provided that prior to adoption of any regula tion or standard, or amendment or repeal thereof, the Department of Human Resources Public Health or the Department of Natural Resources, as is appropriate, shall afford interested parties an opportunity, at a public hearing conducted as pro vided in Article 1 of Chapter 5 of this title, to submit data or views orally or in writ ing. The recommendations of nationally recognized bodies in the field of radiation protection shall be taken into consideration when formulating standards relative to the permissible dosage of radiation;
(5) Issue, modify, or revoke orders, in connection with proceedings under this chapter, prohibiting or abating the discharge of radiation and radioactive material or waste into the ground, air, or waters of the state, except that the Department of Natural Resources shall not prohibit discharges expressly permitted by the federal Nuclear Regulatory Commission or any successor agency; (6) Require the submission of plans, specifications, and reports for new construction and material alterations on (A) the design and protective shielding of installations for radioactive material and radiation generating equipment; and (B) systems for the dis posal of radioactive waste materials and for the determination of any radiation hazard; and render opinions, approve, or disapprove such plans and specifications; (7) Require all sources of radiation to be shielded, transported, handled, used, stored, or disposed of in such a manner to provide compliance with this chapter and rules, regulations, and standards adopted pursuant to this chapter; (8) Collect and disseminate information relating to the control of sources of radiation, including but not limited to (A) maintenance of a file of all license applications, issu ances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations; and (B) maintenance of a file of registrants possessing sources of radia tion requiring registration under this chapter, regulations promulgated pursuant to this chapter, and any administrative or judicial action pertaining thereto; (9) Exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements set forth in this chapter when the Department of Human Resources Public Health or the Department of Natural Resources, as is applicable, determines that the exemption of such sources of radiation or kinds of uses or users will not constitute a significant risk to the health and safety of the public; (10) Adopt and promulgate rules and regulations pursuant to this chapter which may provide for recognition of other state and federal licenses as the Department of Human Resources Public Health or the Department of Natural Resources shall deem desirable, subject to such registration requirements as may be prescribed by the appli cable department; and
(11) Exercise all incidental powers necessary to administer this chapter. (b) The Department of Human Resources Public Health and the Department of Natural Resources are authorized to enter upon any public or private property at all reasonable
times for the purpose of determining compliance with applicable provisions of this chap ter and rules, regulations, and standards adopted pursuant to this chapter.
(c) The Department of Human Resources Public Health and the Department of Natural Resources are authorized to enter into appropriate agreements with the federal govern ment, other states, or interstate agencies, whereby this state will perform, on a coopera
tive basis with the federal government, other states, or interstate agencies, inspections and other functions related to the control of radiation. (d) The Department of Hamas Resources Public Health and the Department of Natural
Resources are authorized to institute appropriate training programs for the purpose of qualifying personnel to administer applicable provisions of this chapter and may make
such personnel available for participation in any programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter."

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SECTION 59. Said chapter is further amended by striking Code Section 31-13-8.2, relating to licensing of diagnostic and therapeutic medical uses of radioactive materials, and inserting in its place the following:
"31-13-8.2.
The Department of Human Resources Public Health is authorized to provide by rule or regulation for the registration and periodic renewal of registration of persons to sell, dis tribute, assemble, use, manufacture, produce, transport, transfer, receive, acquire, own, or possess radiation generating equipment. Such rule or regulation shall provide for sus pension or revocation of registration. Each application for registration shall be in writing on forms prescribed and furnished by the Department of Human Resources Public Health and shall state such information and be accompanied by such documents, includ ing, but not limited to, plans, specifications, and reports for new construction or material alterations, as the Department of Human Resources Public Health may determine to be reasonable and necessary to decide the qualifications of the applicant to protect the public health and safety. The Department of Human Rcaourcco Public Health may require any applications or statements to be made under oath or affirmation. No regis tration issued under the authority of this chapter and no right to possess or utilize radi ation generating equipment granted by any registration shall be assigned or in any manner disposed of without prior notification to the Department of Haawm Resources Public Health."
SECTION 60. Said chapter is further amended by striking Code Section 31-13-9, relating to records of use of radiation sources and exposure of employees to radiation, and inserting in its place the following:
"31-13-9.
(a) The Department of Human Resources Public Health and the Department of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, each person who possesses or uses a source of radiation (1) to maintain appro priate records relating to its receipt, storage, use, transfer, or disposal and to maintain such other records as the Department of HtHe Resources Public Health or the Depart ment of Natural Resources, as is applicable, may require, subject to such exemptions as may be provided by rules and regulations; and (2) to maintain appropriate records show ing the radiation exposure of all individuals for whom personnel monitoring may be required by the Department of Human Resources Public Health or the Department of Natural Resources, as is applicable, subject to such exemptions as may be provided by rules and regulations. Copies of all records required to be kept by this subsection shall be submitted to the Department of Human Resources Public Health or the Department of Natural Resources, as is appropriate, or the duly authorized agents of such depart ment upon request. (b) The Department of Human Resources Public Health and the Department of Natural Resources are authorized to require, in accordance with applicable provisions of this chapter, any person possessing or using a source of radiation to furnish, at the request of any employee for whom personnel monitoring is required, a copy of such employee's personal exposure record annually, upon termination of employment, and at any time such employee has received excessive exposure."
SECTION 61. Said chapter is further amended by striking Code Section 31-13-10, relating to suspension, revocation, and amendment of license or registration; emergency orders; and review, and inserting in its place the following:
"31-13-10.
(a) The Department of Natural Resources may refuse to grant a license as provided in Code Section 31-13-8 or 31-13-8.1 and the Department of Httnwm Resources Public

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Health may refuse to register radiation generating equipment as provided in Code Sec tion 31-13-8.2 to any applicant who does not possess the applicable requirements or qualifications which the Department of Natural Resources or the Department of Human Resources Public Health, as applicable, may prescribe in rules and regulations. The Department of Natural Resources or the Department of Human Resources Public Health may suspend, revoke, or amend any license or registration, respectively, in the event the person to whom such license or registration was granted violates any of the rules and regulations of the Department of Natural Resources or the Department of Human Resources Public Health, whichever is applicable, or ceases or fails to have the reasonable facilities prescribed by the Department of Natural Resources or the Depart ment of Human Resources Public Health, provided that, before any order is entered denying an application for a license or registration or suspending, revoking, or amending a license or registration previously granted, the applicant or person to whom such license or registration was granted shall be given notice and granted a hearing as provided in Article 1 of Chapter 5 of this title. (b) Whenever the Department of Natural Resources or the Department of Human Resources Public Health finds that an emergency exists involving any licensee or regis trant requiring immediate action to protect the public health and safety, the Depart ment of Natural Resources or the Department of Human Resources Public Health, as is appropriate, may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immedi ately but on application to the Department of Natural Resources or the Department of Human Resources Public Health, as is appropriate, shall be afforded a hearing within ten days. On the basis of such hearing, the emergency order shall be continued, modi fied, or revoked within 30 days after such hearing, as the Department of Natural Resources or the Department of }foma Resources Public Health, as is appropriate, may deem appropriate under the evidence. (c) Any applicant or person to whom a license or registration was granted who is aggrieved by any order of the Department of Natural Resources or the Department of Human Resources Public Health or the duly authorized agent of such department deny ing any such application or suspending, revoking, or amending such license or registra tion may file a hearing request with the appropriate agency to contest such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION 62. Said chapter is further amended by striking subsections (a) and (b) of Code Section 31-13-11, relating to impounding and condemnation of radiation generating equipment and radioactive materials, and inserting in their respective places the following:
"(a) In the event of an emergency, the Department of Human Resources Public Health shall have the authority to impound or order the impounding of radiation generating equipment in the possession of any person who is not equipped to observe or fails to observe the provisions of this chapter or any rules or regulations issued pursuant to this chapter. (b) The Department of Human Resources Public Health may release such radiation gen erating equipment to the owner thereof upon terms and conditions in accordance with this chapter and rules and regulations adopted pursuant to this chapter or may bring an action in the appropriate superior court for an order condemning such radiation gen erating equipment and providing for its destruction or other disposition so as to protect the public health and safety."
SECTION 63. Said chapter is further amended by striking Code Section 31-13-12, relating to license required, and inserting in its place the following:
"31-13-12.
It shall be unlawful for any person to use, manufacture, assemble, distribute, produce, transport, receive, acquire, own, or possess any source of radiation required to be

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licensed or registered under this chapter unless licensed by or registered with the Department of Natural Resources or the Department of Human Resources Public Health, respectively, in accordance with this chapter and rules and regulations adopted and promulgated pursuant to this chapter."
SECTION 64.
Said chapter is further amended by striking Code Section 31-13-13, relating to penalties, and inserting in its place the following:
"31-13-13.
(a) Any person who violates the provisions of Code Section 31-13-7 or any rule or regu lation promulgated pursuant to such Code section, or who violates the provisions of Code Section 31-13-12, or who hinders, obstructs, or otherwise interferes with any repre sentative of the Department of Human Resources Public Health or the Department of Natural Resources in the discharge of his or her official duties in making inspections as provided in Code Section 31-13-5 or in impounding materials as provided in Code Sec tion 31-13-11 shall be guilty of a misdemeanor.
(b)(l) Any person who: (A) Violates any licensing or registration provision of this chapter or any rule, regu lation, or order issued under this chapter or any term, condition, or limitation of any license or registration certificate under this chapter; or (B) Commits any violation for which a license or registration certificate may be revoked under rules or regulations issued pursuant to this chapter
may be subject to a civil penalty, to be imposed by the Department of Natural Resources or the Department of Human Resources Public Health, as is applicable, not to exceed $10,000.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the Department of Human Resources Public Health proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing:
(A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provision or provisions of the Code sec tion, rule, regulation, order, license, or registration certificate involved in the viola tion; and (C) Advising of each penalty which the Department of Human Resources Public Health proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Department of Human Resources Public Health to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such rea sonable period as the Department of Human Resources Public Health shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty, if any, subsequently determined by the Department of Human Resources Public Health, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may contest such action in an administrative hearing pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) On the request of the Department of Human Rcaourccs Public Health, the Attor ney General is authorized to institute a civil action to collect a penalty imposed pursu ant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him or her for collection. (4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund."
SECTION 65.
Said chapter is further amended by striking Code Section 31-13-23, relating to transfer of powers and duties between Department of Natural Resources and Department of Human Resources, and inserting in its place the following:

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1541

"31-13-23.
The Governor shall have the authority to transfer powers and duties enumerated in this chapter between the Department of Natural Resources and the Department of Human Resources Public Health as he or she deems appropriate by executive order."
SECTION 66. Chapter 14 of said title, relating to hospitalization for tuberculosis, is amended by striking Code Section 31-14-2, relating to petition for commitment, and inserting in its place the following:
"31-14-2.
When it is brought to the attention of any county board of health or the Department of Human Resources Public Health that any person known to have or suspected of hav ing contagious tuberculosis is violating the rules, regulations, or orders promulgated by the department and is thereby conducting himself so as to expose other persons to dan ger of infection, after having been directed by the county board of health or the depart ment to comply with such rules, regulations, or orders, the county board of health or the department shall institute proceedings by petition for commitment, returnable to the superior court of the county wherein such person resides or, if such person is a nonresi dent or has no fixed place of abode, in the county wherein such person may be found. Strictness of pleading shall not be required; a general allegation stating that the public health requires commitment of the person named therein and including the name of the disease shall be sufficient."
SECTION 67. Chapter 15 of said title, relating to the care and treatment of cancer patients, is amended by striking Code Section 31-15-2, relating to establishment of the program, and inserting in its place the following:
"31-15-2.
The Department of Human Resources Public Health shall establish a program for pre vention, control, and treatment of cancer which shall include the care of cancer patients who require lifesaving therapy but are unable to pay for such services."
SECTION 68. Said chapter is further amended by striking Code Section 31-15-4, relating to the cancer control officer, and inserting in its place the following:
"31-15-4. The commissioner shall appoint a cancer control officer. The cancer control officer shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and must be knowledgeable in the field of medicine covered by this chapter. He or she shall adminis ter the cancer program for the Division ef Physical Health ef the Department of Human Resources Public Health in compliance with this chapter. He or she shall be provided an office with clerical and administrative assistance to carry out this program."
SECTION 69. Said chapter is further amended by striking paragraph (3) of Code Section 31-15-5, relat ing to the commissioner's duties, and inserting in its place the following:
"(3) Extend financial aid to persons suffering from cancer to enable them to obtain the medical, nursing, pharmaceutical, and technical services necessary in caring for such disease. Criteria and procedures for financial aid will be developed by the Divisiea ef- Physical Health Department of Public Health in accordance with the principle that pauperization of a functional family unit will subvert the rehabilitative purposes of this program and will be more costly to the state in the long run;".
SECTION 70. Chapter 16 of said title, relating to the care and treatment of chronic renal disease patients, is amended by striking Code Section 31-16-2, relating to establishment of the program, and inserting in its place the following:

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"31-16-2. The Department of Human Resources Public Health shall establish a program for the prevention, control, and treatment of kidney disease which shall include the care of patients suffering from chronic kidney failure who require lifesaving therapy but are unable to pay for such services on a continuing basis."
SECTION 70.1. Said chapter is further amended by striking subsection (a) of Code Section 31-16-3, relat ing to functions of the Kidney Disease Advisory Committee, and inserting in its place the following:
"(a) The commissioner of human resources public health shall appoint a Kidney Disease Advisory Committee, hereinafter referred to as KDAC, to advise the department in the administration of this chapter. The KDAC shall recommend priorities and relative bud gets for the various purposes of this chapter as described below."
SECTION 71. Chapter 17 of said title, relating to the control of venereal disease, is amended by striking Code Section 31-17-2, relating to reports to health authorities, and inserting in its place the following:
"31-17-2. Any physician or other person who makes a diagnosis of or treats a case of venereal dis ease and any superintendent or manager of a hospital, dispensary, or charitable or penal institution in which there is discovered a case of venereal disease shall make report of such case to the health authorities in such form and manner as the Department of Human Resources Public Health shall direct."
SECTION 72. Said chapter is further amended by striking Code Section 31-17-3, relating to examination by health authorities, and inserting in its place the following:
"31-17-3. The authorized agent or agents of the Department of Human Resources Public Health and county boards of health are directed and empowered, when in their judgment it is necessary to protect the public health, to make examination of persons infected or sus pected of being infected with venereal diseases disease; to require persons infected with venereal disease to report for treatment to a physician licensed to practice medicine under Chapter 34 of Title 43 and to continue treatment until cured, or to submit to treatment provided at public expense; and to isolate persons infected or reasonably sus pected of being infected with venereal disease. Law enforcement authorities of the juris diction wherein any such person so infected or suspected of being infected is located shall offer such assistance, including restraint and arrest, as shall be necessary to assure examination and treatment in accordance with this chapter."
SECTION 73. Chapter 17A of said title, relating to the control of HIV, is amended by striking Code Sec tion 31-17A-2, relating to examination of infected persons, and inserting in its place the following:
"31-17A-2. The authorized agent or agents of the Department of Human Resources Public Health are directed and empowered, when in their judgment it is necessary to protect the public health, to make examinations of persons infected or suspected of being infected with HIV and to administer an HIV test with the consent of the person being tested. In the event the person infected or suspected of being infected with HIV refuses to consent to the administration of an HIV test, the authorized agent or agents of the Department of Human Resources Public Health are authorized to petition the court for an order autho rizing the administration of an HIV test pursuant to the procedure set forth in Code Section 31-17A-3."

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1543

SECTION 74. Said chapter is further amended by striking subsection (a) of Code Section 31-17A-3, relat ing to refusal to consent to testing, and inserting in its place the following:
"(a) If a person refuses to consent to an HIV test, as provided in Code Section 31-17A-2, the Department of Human Resources Public Health may file a civil complaint with the superior court of the county of the residence of the person refusing the test. The complaint shall allege with specificity the basis for the allegations which the depart ment believes support the conclusion that the person is infected with HIV, as well as the scope, nature, and threat to the public health created thereby, and the proposed plan to be adopted to protect the public health in the event the court orders the admin istration of the HIV test and the person is found to be an HIV infected person. The person against whom the complaint is filed shall be represented by counsel, and, in the event the person against whom the complaint is filed cannot afford counsel, counsel shall be appointed by the court."
SECTION 75. Chapter 18 of said title, relating to the treatment and rehabilitation of spinal cord disabled and head-injured persons, is amended by striking subsection (b) of Code Section 31-18-4, relating to department duties regarding spinal cord disabled and head-injured persons, and inserting in its place the following:
"(b) The Division of Rehabilitation Services of the Department of Human Resources shall maintain records of reports, notifications, and referrals made under this chapter. The Division of Rehabilitation Services shall submit quarterly reports of its notifications and referrals to the Division Department of Physical Public Health."
SECTION 76. Chapter 20 of said title, relating to the performance of sterilization procedures, is amended by striking paragraph (1) of Code Section 31-20-1, relating to definitions, and inserting in its place the following:
"(1) 'Accredited hospital' means a hospital licensed by the Department of Human Resources Public Health and accredited by the Joint Commission on the Accreditation of Hospitals."
SECTION 77. Chapter 21 of said title, relating to dead bodies, is amended by striking subsection (a) of Code Section 31-21-5, relating to incineration or cremation of dead body or parts thereof, and inserting in its place the following:
"(a) It shall be unlawful for any person to incinerate or cremate a dead body or parts thereof; provided, however, that the provisions of this subsection shall not apply to a crematory licensed by the State Board of Funeral Service pursuant to Chapter 18 of Title 43 or to a hospital, clinic, laboratory, or other facility authorized by the Depart ment of Human Resources Public Health and in a manner approved by the commis sioner of human resources public health."
SECTION 78. Chapter 22 of said title, relating to clinical laboratories, is amended by striking paragraph (1) of Code Section 31-22-1, relating to definitions, and inserting in its place a new para graph to read as follows:
"(1) 'Board' means the Board of Human Resources Public Health."
SECTION 79. Said chapter is further amended by striking subsection (b) of Code Section 31-22-2, relat ing to licenses, and inserting in its place the following:
"(b) Application for licenses shall be made to the Department of Human Resources Public Health on forms prescribed by it. The application shall indicate the categories of procedures to be performed and shall contain such additional information as the department may require. Each application shall be accompanied by a nonrefundable fee prescribed by the department."

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SECTION 80. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Sec tion 31-22-9.1, relating to definitions, and inserting in its place the following:
"(6) 'Counseling' means providing the person with information and explanations med ically appropriate for that person which may include all or part of the following: accu rate information regarding AIDS and HIV; an explanation of behaviors that reduce the risk of transmitting AIDS and HIV; an explanation of the confidentiality of infor mation relating to AIDS diagnoses and HIV tests; an explanation of information regarding both social and medical implications of HIV tests; and disclosure of com monly recognized treatment or treatments for AIDS and HIV. The Department of Human Resources Public Health shall develop brochures or other documents which meet the requirements of this paragraph and, upon delivery of such a brochure or doc ument or of another brochure or document approved by the Department of Human Rcaoufccs Public Health to the person and referral of that person to the Department of Human Resources Public Health for further information and explanations, counsel ing shall be deemed to have been provided within the meaning of this paragraph."
SECTION 81. Said chapter is further amended by striking subsection (f) of Code Section 31-22-9.2, relat ing to reports of test results, and inserting in its place the following:
"(f) The provisions of this Code section shall not apply to situations in which an HIV test is ordered or required in connection with insurance coverage, provided that the per son to be tested or the appropriate representative of that person has agreed to have the test administered under such procedures as may be established by the Commissioner of Insurance after consultation with the Department of Human Resources Public Health."
SECTION 82. Chapter 23 of said title, relating to eye banks, is amended by striking Code Section 31-23-3, relating to who may operate eye banks, and inserting in its place the following:
"31-23-3.
Any hospital or any medical school in conjunction with the department or school of ophthalmology of such medical school, alone or in further conjunction with other chari table organizations, may establish and maintain an eye bank in or under such hospital or medical school upon approval for the establishment of the eye bank by the Depart ment of Human Resources Public Health, if the eye bank meets the medical standards approved by the Eye Bank Association of America. Upon the establishment of any eye bank as authorized in this Code section, the extraction, removal, care, preservation, stor age, and use of human eyes or parts thereof for any of the purposes for which eye banks may be established may begin in such facility or as authorized by such facility. The eye bank shall have the right to receive gifts, donations, and bequests for the purposes stated in this Code section."
SECTION 83. Chapter 24 of said title, "The Blood Labeling Act," is amended by striking subparagraph (a) of Code Section 31-24-4, relating to labeling of containers of blood, and inserting in its place the following:
"(a) Every person who withdraws blood from an individual or separates blood into com ponents by physical processes shall affix to each container of such blood or components a label in a form specified by the Department of Human Resources Public Health which shall include an indication of whether the blood was obtained by purchase or donation."
SECTION 84. Chapter 26 of said title, relating to the practice of midwifery, is amended by striking sub section (a) of Code Section 31-26-2, relating to requirements for a certificate, and inserting in its place the following:
"(a) No person shall practice midwifery without first receiving from the Department of Human Resources Public Health a certificate of authority as provided in this Code sec tion and registering his or her name, address, and occupation with the county board of

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1545

health and the local registrar, as defined in Code Section 31-10-2, of vital statistics in the county and district in which he or she lives."
SECTION 85. Chapter 27 of said title, relating to the control of mass gatherings, is amended by striking Code Section 31-27-2, relating to permit requirements, and inserting in its place the fol lowing:
"31-27-2.
No person shall hold or promote, by advertising or otherwise, a mass gathering unless a permit has been issued for the gathering. Such permits shall be issued by the Depart ment of Human Resources Public Health, shall be in writing, shall specify the conditions under which issued, and shall remain in effect until suspended or revoked or until the mass gathering is terminated. The permit shall not be transferable or assignable, and a separate permit shall be required for each mass gathering."
SECTION 86. Said chapter is further amended by striking Code Section 31-27-7, relating to emergency powers of Governor and authority of director of Civil Defense Division, and inserting in its place the following:
"31-27-7.
In the event the commissioner of human resources public health determines that the various facilities appropriate for security of life or health are inadequate due to the unprecedented size of the mass gathering, failure of the person or persons responsible for providing facilities, services, and other requirements of this chapter, or for any other reason, the commissioner shall immediately inform the Governor who shall have general direction and control of the Civil Defense Division of the Department of Defense and may take whatever immediate action he or she deems necessary under the authority of Articles 1 through 3 of Chapter 3 of Title 38, as amended. Upon order of the Governor, the director of the Civil Defense Division shall, subject to the direction and control of the Governor, coordinate the activities of all organizations, agencies, and persons required to protect the health, safety, and general welfare of the public in the manner prescribed by Articles 1 through 3 of Chapter 3 of Title 38, as amended."
SECTION 87. Chapter 28 of said title, relating to tourist courts, is amended by striking Code Section 31-28-2, relating to permit requirements, and inserting in its place the following:
"31-28-2.
It shall be unlawful for any person, firm, or corporation to operate a tourist court with out having first obtained a valid permit therefor. Such permits permit shall be issued by the county board of health or its duly authorized representative, subject to supervi sion and direction by the Department of Human Resources Public Health but, where the county board of health is not functioning, the permit shall be issued by the department. A permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location."
SECTION 88. Said chapter is further amended by striking subsection (a) of Code Section 31-28-5, relat ing to standards, and inserting in its place the following:
"(a) The Department of Human Resources Public Health and county boards of health shall have the power to adopt and promulgate rules and regulations to ensure the pro tection of the public health. Such rules and regulations shall prescribe reasonable stan dards for health, sanitation, and safety of tourist courts with regard to:
(1) Location, drainage, and maintenance of grounds; (2) Size, ventilation, and maintenance of sleeping rooms, toilet and washrooms, and laundry rooms, where provided; (3) Installation of all electrical equipment and exposed electrical wiring; (4) Heating appliances and equipment; and installation thereof;

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(5) Water supply, plumbing fixtures and installations; (6) Sewage disposal; (7) Garbage and refuse disposal; (8) Control of vermin; (9) Accident prevention; and (10) Spacing of trailer coaches and lighting of trailer parks."
SECTION 89. Said chapter is further amended by striking Code Section 31-28-6, relating to inspection of premises, and inserting in its place the following:
"31-28-6.
The Department of Human Resources Public Health and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of a tourist court at any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title."
SECTION 90. Chapter 30 of said title, relating to reports on veterans exposed to Agent Orange, is amended by striking Code Section 31-30-9, relating to effective date, and inserting in its place a new section to read as follows:
"31-30-9.
This chapter shall become effective when and to the extent that funds are appropriated and available to the Department of Human Resources Public Health under an appropri ation which specifically refers to this chapter and provides that it is intended for the implementation of this chapter."
SECTION 91. Chapter 34 of said title, the "Physicians for Rural Areas Assistance Act," is amended by striking subsection (c) of Code Section 31-34-5, relating to loans, and inserting in its place the following:
"(c) In making a determination of physician underserved rural areas of Georgia, the board shall seek the advice and assistance of the Department of Human Resources Pub lic Health, the Joint Board of Family Practice, the University of Georgia Cooperative Extension Service, the Department of Community Affairs, and such other public or pri vate associations or organizations as the board determines to be of assistance in making such determinations. Criteria to determine physician underserved rural areas shall include, but shall not be limited to, relevant statistical data related to the following:
(1) The ratio of physicians to population in the area; (2) Indications of the health status of the population in the area; (3) The poverty level and dependent age groups of the population in the area; (4) Indications of community support for more physicians in the area; and (5) Indications that access to the physician's services is available to every person in the underserved area regardless of ability to pay."
SECTION 92. Chapter 40 of said title, relating to tattoo studios, is amended by striking Code Section 31-40-2, relating to issuance of permits, and inserting in its place the following:
"31-40-2.
It shall be unlawful for any person to operate a tattoo studio without having first obtained a valid permit for such studio. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direc tion by the Department of Human Resources Public Health but, where the county board of health is not functioning, the permit shall be issued by the department. A permit shall be valid until suspended or revoked and shall not be transferable with respect to person or location."

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SECTION 93. Said chapter is further amended by striking subsection (a) of Code Section 31-40-5, relat ing to rules and regulations, and inserting in its place the following:
"(a) The Department of Human Rcaourcca Public Health and county boards of health shall have the power to adopt and promulgate rules and regulations to ensure the pro tection of the public health. Such rules and regulations shall prescribe reasonable stan dards for health and safety of tattoo studios with regard to:
(1) Location and cleanliness of facilities; (2) Sterilization and Occupational Safety and Health Administration guidelines for the prevention and spread of infectious diseases by all personnel; (3) Informed consent by the person receiving a tattoo; (4) Procedures for ensuring adequate explanation to consumers of the proper subse quent care of a tattoo; and (5) Proper use and maintenance of tattoo equipment, including dyes and pigments."
SECTION 94. Said chapter is further amended by striking Code Section 31-40-6, relating to enforcement, and inserting in in its place the following:
"31-40-6.
The Department of Human Resources Public Health and the county boards of health and their duly authorized agents are authorized and empowered to enforce compliance with this chapter and the rules and regulations adopted and promulgated under this chapter and, in connection therewith, to enter upon and inspect the premises of a tattoo studio at any reasonable time and in a reasonable manner, as provided in Article 2 of Chapter 5 of this title."
SECTION 95. Said chapter is further amended by striking Code Section 31-40-8, relating to public edu cation programs, and inserting in its place the following:
"31-40-8.
The Department of Human Resources Public Health is authorized and directed to develop and institute a program of public education for the purpose of alerting the pub lic to the possible side effects and exposure risks of tattooing."
SECTION 96. Title 8 of the Official Code of Georgia Annotated, relating to buildings, is amended by striking subsection (a) of Code Section 8-2-24, relating to appointment of advisory commit tee, and inserting in its place the following:
"(a) For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be composed of 24 22 members as follows:
(1) The Georgia Safety Fire Commissioner or his or her designee as an ex officio member with full voting privileges; (2) The commissioner of human resources or his or her designee as an ex officio mem ber with full voting privileges; (2.1) The commissioner of public health or his or her designee as an ex officio mem ber with full voting privileges; (3) The commissioner of community affairs or his or her designee as an ex officio member with full voting privileges; (4) One representative of the home building industry; (5) One representative of the industrialized building industry; (6) One representative of the general contracting industry; (7) One representative of the profession of mechanical engineering; (8) One licensed architect; (9) One licensed electrical engineer; (10) One representative of the manufactured homes industry; (11) One licensed electrical contractor;

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(12) One building material dealer; (13) One licensed plumbing contractor; (14) One licensed conditioned-air contractor; (15) One licensed structural engineer; (16) Four municipal or county code enforcement officials; and (17) Two local fire officials."
SECTION 97. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-10-152, relating to continuance for attendance at meeting of Board of Human Resources, and inserting in its place the following:
"9-10-152.
Should any member of the Board of Human Resources or the Board of Public Health be engaged, at the time of any meeting of the such board, as counsel or party in any case pending in the courts of this state and should the case be called for trial during the regular session of the such board, the absence of the member to attend the session shall be good ground for a postponement or a continuance of the case until the session of the such board has come to an end."
SECTION 98. Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to trial, is amended by striking Code Section 17-8-30, relating to continuances for certain board members, and inserting in its place the following:
"17-8-30.
Should any member of the Board of Human Resources or the Board of Public Health be engaged at the time of any meeting of the such board as counsel or party in any case pending in the courts of this state and should the case be called for trial during the reg ular session of the such board, his the member's absence to attend the session shall be good ground for a postponement or a continuance of the case until the session of the such board has ended."
SECTION 99. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage gen erally, is amended by striking subsection (b) of Code Section 19-3-35.1, relating to AIDS brochures, and inserting in its place the following:
"(b) The Department of Human Resources Public Health shall prepare a brochure describing AIDS, HIV, and the dangers, populations at risk, risk behaviors, and preven tion measures relating thereto. That department shall also prepare a listing of sites at which confidential and anonymous HIV tests are provided without charge. That depart ment shall further prepare a form for acknowledging that the brochures and listings have been received, as required by subsection (c) of this Code section T-he brochures, listings, ad fensts prepared fey the Department ef Human Resources tmder this subacction snciii T&C prcpQFCQ tnct iiifs19ricd to tnc otticc of cflcn judge of t-iic prouQIC court no later than October ^ 1988."
SECTION 100. Chapter 13 of said title, relating to family violence, is amended by striking paragraph (1) of subsection (a) of Code Section 19-13-32, relating to the State Commission on Family Violence, and inserting in its place the following:
"(1) Three ex officio members shall be the director of the Division of Family and Children Services in the Department of Human Resources, the director ef Women's
^nTcntnulju-tii Q ocorTvfiiru*ncas i:t_i 4t.iVicO urliiivriinsiirutini tw* rjjnuiTuinlioc ViiicnnnilLtViii w f\f tmVien T ue^^omnQ rir<friim icoiinTt f\ntf 1ii1u1 Ii1u11nI'm ii
Rcsourcca commissioner of public health or the designee thereof, and the Attorney General;".
SECTION 101. Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by striking subparagraph (b)(l)(C) of Code Section 20-3-374, relat ing to service cancelable loans, and inserting in its place the following:

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"(C) The authority is authorized to make service cancelable educational loans to residents of this state enrolled in a course of study leading to a baccalaureate or advanced nursing degree to practice as a registered professional nurse for the Department of Human ResourceSj the Department of Public Health, or any county board of health, it being found by the General Assembly that a shortage exists of such personnel. The maximum loan amount under this subparagraph for full-time students shall not exceed $10,000.00 per academic year. Such loans shall be condi tioned upon the student's understanding and agreement that the educational loan is to be repaid by the student, if the student completes the approved program of study, by practicing as a registered professional nurse as an employee of the Depart ment of Human ResourceSj the Department of Public Health, or a county board of health for a period of two years for each academic year of study or its equivalent for which a loan is made to the student under this paragraph, or otherwise in cash with interest thereon in accordance with the terms of the promissory note executed by the student."
SECTION 102. Said chapter is further amended by striking subsection (e) of Code Section 20-3-476, relat ing to cancellation of loans by practices in medically underserved areas, and inserting in its place a new subsection to read as follows:
"(e) Loans made pursuant to this subpart shall be conditioned upon the recipients' agreements in writing to repay the loans in services to the public through the practice of primary care medicine in an area of the state that is approved by the authority for purposes of this subpart as being a medically underserved area or in a hospital or facil ity operated by or under the jurisdiction of the Department of Human Resources2 the Department of Public Health, or the Department of Corrections. Loans shall bear inter est at the rate of 12 percent per annum from each date of disbursement of loan proceeds by the authority. For each year of practice by a loan recipient of primary care medicine in an authority approved area, hospital, or facility, the loan recipient shall be given credit for repayment of loan amounts received by the recipient under this subpart for one academic year of study or its equivalent as a full-time student. To the extent that loans made under this subpart are repaid in approved services rendered, all interest due the authority on such loans shall likewise be canceled. Loans made under this subpart that are not repaid in approved services rendered shall, together with interest thereon, be repaid to the authority in cash at times prescribed by the authority. Each applicant shall, before receiving the proceeds of a loan, enter into a written agreement with the authority, execute a promissory note, or sign such other documents as may be required by the authority, the terms and conditions of which shall be in accordance with and designed to accomplish the purposes of this subpart."
SECTION 103. Said chapter is further amended by striking Code Section 20-3-513, relating to determina tion of loan amounts by the State Medical Education Board, and inserting in its place the following:
"20-3-513.
Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liai son Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a pro gram in medical education designed to qualify the graduate for licensure by the Compos ite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant; all of which shall be under such terms and conditions as

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may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved community in Georgia of 15,000 population or less according to the United States decennial census of 1980 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources or the Department of Public Health or at any facility operated by or under the jurisdiction of the Department of Corrections. For each year of practicing his or her profession in such State Medical Education Board approved location, the appli cant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount."

Reserved.

SECTION 104.

SECTION 105. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by striking paragraph (4) of Code Section 26-4-131, relating to definitions regarding nuclear pharmacies, and inserting in its place the following:
"(4) 'Department' means the Department of Human Natural Resources."

SECTION 106.
Said chapter is further amended by striking subsections (a) and (c) of Code Section 26-4-132, relating to entities required to obtain nuclear pharmacist licenses, and inserting in their respective places the following:
"(a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals shall be licensed in accordance with the provisions of this part. No person may receive, acquire, possess, compound, or dis pense any radiopharmaceutical except in accordance with the provisions of this part and the conditions of rules and regulations promulgated by the Board of Human Natural Resources for radioactive materials and administered by the department. The require ments of this part are in addition to, and not in substitution of, other applicable statutes and regulations administered by the State Board of Pharmacy or the department." "(c) Nothing in this part shall be construed so as to require a licensed clinical labora tory which is also licensed by the Department of Public Health which is also licensed by the department to handle radioactive materials to obtain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals."

SECTION 107. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking subsection (a) of Code Section 28-5-60, relating to creation of the Claims Advisory Board, and inserting in its place the following:
"(a) There is created the Claims Advisory Board, hereinafter called the board, to be composed of the Secretary of State, who shall be the chairman, the commissioner of human resources, the commissioner of public health, the commissioner of corrections, and the commissioner of transportation. Whenever the board takes any official action authorized under the law or duly promulgated rules and regulations, three of the mem bers shall constitute a quorum; however, any of those individuals named above may be represented by a deputy or other designated employee; and any such action shall be valid if any two of the remaining three individuals are present during such action."

SECTION 108. Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provi sions relating to handicapped persons, is amended by striking paragraph (1) of subsection (a) of Code Section 30-1-4, relating to the Council on the Deaf, and inserting in its place
the following:

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"(1) Three Fer members shall be appointed from the Department of Human Resources in the following manner:
(A) One member from the Division of Mental Health, Mental Retardation, and Substance Abuse; (B) Reserved One member fi-em the Division ef Physical Health; (C) One member from the Division of Family and Children Services; and (D) One member from the Division of Rehabilitation Services; (1.1) One member appointed from the Department of Public Health;".
SECTION 109. Chapter 2 of Title 37 of the Official Code of Georgia Annotated, relating to administration of mental health services, is amended by striking Code Section 37-2-11.2, relating to access to records of certain programs, and inserting in its place the following:
"37-2-11.2.
(a) Notwithstanding any other law to the contrary, to ensure the quality and integrity of patient and client care, any program receiving any public funds from, or subject to licensing, certification, or facility approval by, the Department of Human ResourceSj the Department of Public Health, or a regional board shall be required to provide the respective department or the appropriate regional board or both, upon request, complete access to, including but not limited to authorization to examine and reproduce, any records required to be maintained in accordance with contracts, standards, or rules and regulations of the Department of Human Resources respective department or pursuant to the provisions of this title. (b) Records obtained pursuant to subsection (a) of this Code section shall not be consid ered public records and shall not be released by the department Department of Human Resources or the Department of Public Health or any regional board unless otherwise specifically authorized by law."
SECTION 110. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (c) of Code Section 42-5-52.1, relating to submission to HIV test, and inserting in its place the following:
"(c) No later than December 31, 1991, the department shall require to submit to an HIV test each person who has been committed to the custody of the commissioner to serve time in a penal institution of this state and who remains in such custody, or who would be in such custody but for having been transferred to the custody of the Depart ment of Human Resources or Department of Public Health under Code Section 42-5-52, if that person has not submitted to an HIV test following that person's most recent commitment to the custody of the commissioner and unless that person is in such cus tody because of having committed an AIDS transmitting crime and has already submit ted to an HIV test pursuant to Code Section 17-10-15."
SECTION 111. Said title is further amended by striking subsection (a) of Code Section 42-9-12, relating to incapacity upon the State Board of Pardons and Paroles, and inserting in its place the following:
"(a) Whenever the Governor has personal knowledge or receives information deemed by him to be reliable that any member of the board, by reason of illness or other providen tial cause, is unable to perform the duties of his office, he shall call a council to be com posed of the president of the Medical Association of Georgia, the president of the State Bar of Georgia, the commissioner of public health, and the commissioner of human resources for the purpose of ascertaining whether or not any member of the board is in fact unable to perform the duties of his office. In the event the president of the Medical Association of Georgia is disqualified or unable for any cause to serve on the council, he shall appoint some other member of the Medical Association of Georgia, preferably an elected officer therein, to serve in his place and stead; and he shall notify the Gover nor of his appointee. In the event the president of the State Bar of Georgia is disquali fied or unable for any cause to serve on the council, he shall appoint some other member

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of the State Bar of Georgia, preferably an elected officer therein, to serve in his place and stead; and he shall notify the Governor of his appointee. In the event the commis sioner of human resources or the commissioner of public health is disqualified or unable for any cause to serve on the council, the chairman of the Beafd of Human Resources board for the department for which that person is commissioner, if he is a physician licensed to practice under Chapter 34 of Title 43, shall serve in place of the such com missioner. If both the commissioner such department's commissioner and the board chairman are both disqualified or unable for any cause to serve on the council, the that chairman shall designate a member of the Beatd ef Human Resources such board who is a physician licensed to practice under Chapter 34 of Title 43 to serve on the council. The chairman shall notify the Governor of his appointee."
SECTION 112. Said title is further amended by striking subsection (b) of Code Section 42-9-41, relating to duty of the State Board of Pardons and Paroles, and inserting in its place the following:
"(b) The board in its discretion may also obtain and place in its permanent records sim ilar information on each person who may be placed on probation. The board shall imme diately examine such records and any other records obtained and make such other investigation as it may deem necessary. It shall be the duty of the court and of all pro bation officers and other appropriate officers to furnish to the board, upon its request, such information as may be in their possession or under their control. The Department of Human Resourcest Department of Public Health, and all other state, county, and city agencies, all sheriffs and their deputies, and all peace officers shall cooperate with the board and shall aid and assist it in the performance of its duties. The board may make such rules as to the privacy or privilege of such information and as to its use by persons other than the board and its staff as may be deemed expedient in the performance of its duties."
SECTION 113. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (b) of Code Section 43-1A-4, relating to creation of Occupational Regulation Review Council, and inserting in its place the following:
"(b) The council shall consist of tee 11 members: (1) The Comptroller General or his or her designee; (2) The Secretary of State or his or her designee; (3) The commissioner of human resources or his or her designee; (3.1) The commissioner of public health or his or her designee; (4) The director of the Office of Planning and Budget or his or her designee; (5) The commissioner of natural resources or his or her designee; (6) The state revenue commissioner or his or her designee; (7) The Commissioner of Agriculture or his or her designee; (8) The administrator of the 'Fair Business Practices Act of 1975' or his or her desig nee; (9) The chairperson of the legislative committee of reference or that person's designee from that committee, but only when legislation referred by such committee is being considered by the council; and (10) The chairperson of that standing committee of the General Assembly appointed by the presiding officer thereof pursuant to subsection (b) of Code Section 43-1A-5 or that chairperson's designee from that committee, but only when legislation of which that presiding officer was notified under subsection (b) of Code Section 43-1A-5 is being considered by the council."
SECTION 114. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 43-27-5, relating to powers of the State Board of Nursing Home Administrators, and inserting in its place the following:
"(4) To initiate investigations for the purpose of discovering violations by a nursing home administrator of the rules, regulations, or statutes of the Department of Medical

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1553

Assistancej or the Department of Human Resources2 or the Department of Public Health, provided that the board shall investigate those violations only after revocation, limitation, or restriction of participation of the nursing home of which such individual is the administrator in the medical assistance program or the license issued by the Department of Human Resources Public Health and make written findings as to the causes of the alleged violations;".
SECTION 115. Said title is further amended by striking division (b)(2)(A)(i) of Code Section 43-34-26.1, relating to delegation of certain authority, and inserting in its place the following:
"(i) The Division Department of Public Health ef- the Department ef Human

SECTION 116. Said title is further amended by striking subsection (f) of Code Section 43-34-103, relating to utilization of physicians' assistants, and inserting in its place the following:
"(f) A physician employed by the Department of Human ResourceSj the Department of Public Health, or by any institution thereof or by a local health department whose duties are administrative in nature and who does not normally provide health care to patients as such employee shall not be authorized to apply for or utilize the services of any physician's assistant employed by the Department of Human ResourceSj the Depart ment of Public Health, or by any institution thereof or by a local health department."
SECTION 117. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by striking paragraph (b) of Code Section 44-5-151, relating to HIV tests of body parts, and inserting in its place the following:
"(b) Each health care facility, health care provider, blood bank, tissue bank, sperm bank, or other similar legal entity which procures, processes, distributes, or uses any human body part determined by the Department of Hamem Resources Public Health to have a reasonable probability of transmitting HIV shall subject or have subjected such part, or the donor of such part, to an HIV test prior to making that body part available for use in the body of another human being. Any such body part thus determined to be infected with HIV and any body part the donor of which has thus been determined to be infected with HIV shall not be used in the body of another human being but shall be safely and promptly disposed of or made available for medical research, as provided in the regulations of the Department of Human Resources Public Health."
SECTION 118. 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 45-9-1, relating to general provi sions regarding such personnel, and inserting in its place the following:
"(c) For the purpose of this article, the term 'agency' shall specifically include, but shall not be limited to, public retirement systems of state-wide application established by the laws of this state, but shall not include counties or municipalities; provided, however, that the employees of community service boards, county departments of health, and county departments of family and children services as well as the members of the boards of said departments shall be considered to be state employees or officials for the purpose of this article. In order to facilitate the administration of liability coverage or other insurance coverages provided the community service boards, county departments of health, and county departments of family and children services, the Department of Human Resources and the Department of Public Health must designate a central office which will be responsible for obtaining, submitting, and collecting all underwriting infor mation and insurance premiums requested and assessed by the Department of Adminis trative Services."
SECTION 119. Said title is further amended by striking subsection (d) of Code Section 45-9-110, relating to authorization for consolidation of unemployment compensation claims, and inserting in its place the following:

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"(d) The commissioner of administrative services shall have the authority to provide unemployment compensation benefits insurance to all of the county departments of health, county departments of family and children services, and community service boards. The commissioner of human resources and the commissioner of public health shall establish a procedure to provide the Department of Administrative Services all of the underwriting information required including but not limited to payroll data each quarter for the service centers, and shall collect the unemployment premium from such boards and departments and remit the premium to the Department of Administrative Services. All of the county departments of health, county departments of family and children services, and community service boards shall participate in such unemployment compensation benefit insurance program."
SECTION 120. Said title is further amended by adding after paragraph (12) of subsection (d) of Code Section 45-13-22, relating to distribution of Georgia Laws, the following paragraph:
"(12.1) Department of Public Health -- one set;".
SECTION 121. Said title is further amended by striking subparagraphs (H) and (I) of paragraph (2) of Code Section 45-18-1, relating to definitions regarding state employees' health insurance plan, and inserting in their respective places the following:
"(H) A person who works full time and receives his compensation in a direct pay ment from a county board of health or the county boards of health comprising a health district or the county boards of health receiving financial assistance from the Department of Human Resources or the Department of Public Health; (I) An annuitant who at the time of his retirement worked full time and received hfe compensation in a direct payment from a county board of health or the county boards of health comprising a health district or the county boards of health receiv ing financial assistance from the Department of Human Resources or the Depart ment of Public Health;".
SECTION 122. Said title is further amended by striking Code Section 45-18-32, relating to administration of deferred compensation plans, and inserting in its place the following:
"45-18-32.
The State Personnel Board shall administer any deferred compensation plan provided for the employees of the state. Employees of the county boards of health receiving finan cial assistance from the Department of Human Resources or the Department of Public Health may, with the approval of the State Personnel Board and the approval of such organizations, participate in the state plan. The State Personnel Board shall investigate and approve a deferred compensation plan which gives the employees of the state income tax benefits in connection with plans authorized by the United States Internal Revenue Code, so that compensation deferred under such plan shall not be included for purposes of computation of any federal income tax withheld on behalf of any such employee or payable by such employee before any deferred payment date. All contribu tions to the deferred compensation plan shall also be exempt from state withholding tax as long as such contributions are not includable in gross income for federal income tax purposes. The governing body of a city, county, or other political subdivision may appoint an administrator for all deferred compensation plans, whose duties shall include the administration of the plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits for the respective employees in a man ner similar to that of the plan for state employees."
SECTION 123. Said title is further amended by striking paragraph (8.1) of Code Section 45-20-2, relating to definitions regarding the state merit system, and inserting in its place the following:
"(8.1) 'Interdepartmental transfer' means a transfer from a classified position in one department to a classified position in another department at the same or a higher or

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lower pay grade. A transfer between units of the Department of Human Resources, including county departments ef health *4 county departments of family and chil dren services, or between units of the Department of Public Health, including county departments of health, shall not be deemed to be an interdepartmental transfer."
SECTION 124. Said title is further amended by striking subsection (c) of Code Section 45-20-17, relating to interdepartmental transfers, and inserting in its place the following:
"(c) Notwithstanding any other provision of this Code section, a transfer between units of the Department of Human Resources, including county departments ef hWt and county departments of family and children services, or between units of the Department of Public Health, including county departments of health, shall not be deemed to be an interdepartmental transfer subject to the provisions of this Code section."
SECTION 125. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking subsection (1) of Code Section 46-11-4, relating to regulation of transportation of hazardous materials, and inserting in its place the following:
"(1) This chapter shall not apply to the transportation, delivery, or acceptance for deliv ery of radioactive materials inside the confines of the authorized location of use of any person authorized to use, possess, transport, deliver, or store radioactive materials by the Department of Human Natural Resources pursuant to Chapter 13 of Title 31 or by the United States Nuclear Regulatory Commission; nor shall this chapter apply to the trans portation, delivery, or acceptance for transportation of radioactive materials under the direction or supervision of the United States Nuclear Regulatory Commission or the United States Department of Defense where such transportation, delivery, or acceptance for transportation is escorted by personnel designated by or under the authority of those agencies."
SECTION 126. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking subsection (b) of Code Section 49-4-154, relating to powers and duties retained by Department of Human Resources, and inserting in its place the following subsections:
"(b) The Department of Human Resources Public Health shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relat ing thereto, oft establishing
(1) Establishing and maintaining certain standards for certain institutions and agen cies seeking to become or remain providers and shall finally determine and certify whether such institutions and agencies meet such standards^ (c) The Department of Human Resources shall retain, in accordance with terms of the state plan, the functions, and all tangible things and employees relating thereto, of: {2}{1) Determining and certifying the eligibility of certain applicants for and recipi ents of medical assistance; and ^121 Prescribing regulations to require that applicants for medical assistance be given clear and easily understandable notice that all books, papers, records, and mem oranda of the provider relating to the provision of medical assistance to the applicant will be made available, upon request, to the commissioner of medical assistance or his representative and that, by accepting medical assistance, the applicant thereby con sents to the providing of such books, papers, records, and memoranda to the commis sioner of medical assistance or his representative."
SECTION 126.1. Said title is further amended by striking paragraph (1) of Code Section 49-5-3, relating to definitions regarding children and youth services, and inserting in its place the follow ing:
(1) 'Child-caring institution' means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children under 17 years of age outside of their own homes, subject to such exceptions as may be provided in rules and regulations of the board of public health.

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SECTION 127. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 49-5-8, relating to certain powers of Department of Human Resources, and inserting in its place the following:
"(6) Reserved; Regulation ef child-placing and child caring agencies fey; (A) Setting standards for and providing consultation and making recommendations concerning establishment and incorporation ef-aH stick agencies; eatd (B) Licensing and inspecting regularly aH such agencies te enste their adherence te established atandardo as prescribed by th department;".
SECTION 128. Said title is further amended by adding after subsection (a) of Code Section 49-5-12, relat ing to licensing and inspection of child welfare agencies, the following subsection:
"(a.l) For the purposes of this Code section and Code Section 49-5-12.1, the term: (1) 'Board' means the Board of Public Health. (2) 'Commissioner' means the commissioner of public health. (3) 'Department' means the Department of Public Health.
SECTION 129. Said title is further amended by adding between paragraphs (7) and (8) of subsection (a) of Code Section 49-5-41, relating to access to child abuse records, the following:
"(7.1) The commissioner of public health or the designee thereof;".
SECTION 130. Said title is further amended by adding after paragraph (4) of Code Section 49-5-60, relat ing to definitions regarding day-care center employees' records checks, a new paragraph to read as follows:
"(4.1) 'Department' means the Department of Public Health."
SECTION 131. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 49-5-225, relating to local interagency committee membership, and inserting in its place the following:
"(4) The Division Department of Public Health ef the Department ef Hwa .KGsourcesj .
SECTION 132. Said title is further amended by striking paragraph (1) of Code Section 49-7-2, relating to definitions regarding family-planning services, and inserting in its place the following:
"(1) 'Agencies' means the department Department of Human Resources, the Depart ment of Public Health, county boards of health, health districts, county departments of family and children services, and district departments of family and children ser vices."
SECTION 133. Said title is further amended by striking Code Section 49-7-7, relating to family-planning services programs, and inserting in its place the following:
"49-7-7.
The department is Department of Human Resources and the Department of Public Health are both authorized and directed to develop plans and programs to carry out this chapter. Such plans and programs shall include, but shall not be limited to, provisions for:
(1) A training program offered by the each department for its employees who are in contact with and counsel those persons likely to desire family-planning services. Such training program should be designed to provide such employees with complete infor mation regarding family planning and birth control and all matters related thereto; and (2) A systematic plan for coordinating the activities of the each department and its counterparts at the county and district level in the area of family-planning services."

MONDAY, MARCH 6, 1995

1557

SECTION 134. Said title is further amended by striking Code Section 49-7-8, relating to rules and regula tions, and inserting in its place the following:
"49-7-8.
The beafd is Board of Human Resources and the Board of Public Health are authorized and directed to adopt and promulgate rules and regulations to carry out this chapter. Such rules and regulations shall provide the necessary requirements and guides for county and district departments of health and departments of family and children ser vices."

Reserved.

SECTION 135.

SECTION 136. Title 50 of the Official Code of Georgia Annotated, relating to the state government, is amended by adding after subparagraph (N) of paragraph (1) of Code Section 50-5-31, relating to definitions regarding state space management, the following:
"(N.I) Space in buildings located en in and used in direct support of any facility or institution under the jurisdiction of the Department of Public Health."

SECTION 137. Said title is further amended by adding after paragraph (2) of Code Section 50-16-3, relat ing to property of state boards, the following:
"(2.1) The several institutions operated by the Department of Public Health, includ ing all real and personal property belonging to the several institutions or used in con nection therewith, and all other property conveyed to the department for the use of any of the institutions or conveyed to any of the boards of trustees of which the department is the successor or to any of the institutions under its control;".

SECTION 138.

Said title is further amended by striking "Human Resources, Department of ............... one

copy" from paragraph (4) of Code Section 50-18-31, relating to distribution of court

reports, and inserting in its place the following:

"Human Resources, Department of.............................................................

bone copy

Public Health, Department of.....................................................................

bone copy"

SECTION 139.
Said title is further amended by striking paragraph (2) of subsection (c) of Code Section 50-18-72, relating to exemptions from disclosure, and inserting in its place the following:
"(2) All state officers and employees shall have a privilege to refuse to disclose the identity or personally identifiable information of any person participating in research on commercial, scientific, technical, medical, scholarly, or artistic issues conducted by the Department of Human Resources^ the Department of Public Health, or a state institution of higher education whether sponsored by the institution alone or in con junction with a governmental body or private entity. Personally identifiable informa tion shall mean any information which if disclosed might reasonably reveal the identity of such person including but not limited to the person's name, address, and social security number. The identity of such informant shall not be admissible in evi dence in any court of the state unless the court finds that the identity of the inform ant already has been disclosed otherwise."

SECTION 140. Chapter 26 of said title, the "Georgia Housing and Finance Authority Act," is amended by striking paragraphs (6.1), (6.2), and (11) of Code Section 50-26-4, relating to definitions, and inserting in their respective places the following:
"(6.1) 'Health care services' means any medical, health care, or health care related services provided by a health care provider licensed as a hospital by the Department of Htnaa Resources Public Health under Article 1 of Chapter 7 of Title 31, including,

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JOURNAL OF THE HOUSE,

without limitation, health care services for indigent patients whether or not such ser vices are supported directly or indirectly, and in whole or in part, through any pay ment or reimbursement program of any federal, state, or local governmental entity, agency, instrumentality, or authority. (6.2) 'Health facility' means any nonprofit health care facility which is licensed as a hospital by the Department of Human Rcaourcco Public Health under Article 1 of Chapter 7 of Title 31, owned or operated by a participating provider, and utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel." "(11) 'Participating provider' means a nonprofit person, corporation, municipal corpo ration, public corporation, or political subdivision or other nonprofit entity, public or private, which:
(A) Is a hospital authority or is affiliated with a hospital authority organized and existing under the provisions of Article 4 of Chapter 7 of Title 31; or (B) Owns or operates, directly or indirectly, or is affiliated with, at least one non profit health facility which is licensed as a hospital by the Department of Human Resources Public Health under Article 1 of Chapter 7 of Title 31 and which contracts under this chapter with the authority for the financing, refinanc ing, lease, or other acquisition of a project."
SECTION 141. Each of the following Code sections or parts of Code sections is amended by striking the terms "Human Resources" and "human resources", wherever either of such terms appears, and inserting in their respective places "Public Health" or "public health." (1) Code Section 4-4-69, relating to regulation of manufacture and use of disease vectors; (2) Code Section 4-10-10, relating to joint regulation of the transportation or sale of exotic or pet birds; (3) Code Section 10-1-393, except paragraph (28) of subsection (b) thereof, relating to unfair or deceptive practices in consumer transactions; (4) Code Section 12-2-8, relating to promulgation of minimum standards and procedures for protection of natural resources, environment, and vital areas of state; (5) Code Section 12-3-9, relating to adoption and promulgation of rules and regulations regarding state parks and other areas; (6) Code Section 12-5-175, relating to fluoridation of public water systems; (7) Code Section 12-5-330, relating to Resources Advisory Board, Southeast River Basins; (8) Code Section 12-8-1, relating to notice of denial of individual sewage disposal permits; (9) Code Section 15-11-35.1, relating to disposition of child committing delinquent act constituting AIDS transmitting crime; (10) Code Section 16-12-141, relating to when abortion is legal; (11) Code Section 16-12-141.1, relating to disposal of aborted fetuses; (12) Code Section 17-10-15, relating to AIDS transmitting crimes; (13) Code Section 19-3-40, relating to blood tests before marriage; (14) Code Section 19-3-41, relating to marriage manual; (15) Code Section 20-2-143, relating to sex education and AIDS prevention instruction; (16) Code Section 20-2-260, relating to capital outlay funds for education; (17) Code Section 20-2-770, relating to rules and regulations for nutritional screening; (18) Code Section 20-2-771, relating to immunization of students; (19) Code Section 20-2-772, relating to rules and regulations for screening of students for scoliosis; (20) Code Section 21-2-140, relating to mandatory drug testing for candidates;
(21) Code Section 24-9-40, relating to when privileged medical information may be released; (22) Code Section 24-9-47, relating to disclosure of AIDS confidential information; (23) Code Section 25-2-13, relating to buildings presenting special hazards to persons or property; (24) Code Section 25-3-6, relating to effect of article on powers and duties of other fire and public safety officials and departments;

MONDAY, MARCH 6, 1995

1559

(25) Code Section 26-2-371, relating to permits required by county board of health or Department of Human Resources; (26) Code Section 26-2-372, relating to permits for operation of food service establish ments; (27) Code Section 26-2-373, relating to promulgation of rules, regulations, and standards by Department of Human Resources for food service establishments; (28) Code Section 26-2-374, relating to contents and posting of notices relating to assist ance to persons choking; (29) Code Section 26-2-375, relating to enforcement of regulation relative to inspection of food service and food sales establishments; (30) Code Section 26-2-376, relating to review of final order regarding food service estab lishments by Department of Human Resources; (31) Code Section 26-2-377, relating to penalty for violation of regulations relative to food service establishments; (32) Code Section 26-3-18, relating to assistance in enforcement from Department of Agri culture or Department of Human Resources; (33) Code Section 26-4-123, relating to issuance of dangerous drugs and controlled sub stances to emergency service providers; (34) Code Section 26-5-3, relating to definitions regarding drug abuse treatment; (35) Code Section 33-19-10, relating to limitation as to hospitals with which corporations authorized to contract; (36) Code Section 33-21-3, relating to grounds and procedure for issuance or denial of cer tificate of authority for health maintenance organizations; (37) Code Section 33-21-5, relating to suspension or revocation of certificate of authority for health maintenance organizations; (38) Code Section 33-21-9, relating to establishment and maintenance of complaint system regarding health maintenance organizations; (39) Code Section 33-21-15, relating to filing of annual reports by health maintenance organizations; (40) Code Section 33-21-17, relating to examinations of health maintenance organizations; (41) Code Section 33-21-18, relating to adoption of rules and regulations regarding health maintenance organizations; (42) Code Section 33-21-20, relating to conduct of hearings regarding health maintenance organizations; (43) Code Section 33-21-21, relating to authority of commissioner of human resources to contract for making of recommendations regarding health maintenance organizations; (44) Code Section 33-21-27, relating to enforcement of chapter relating to health mainte nance organizations; (45) Code Section 33-29-3.2, relating to insurance coverage for mammograms and Pap smears; (46) Code Section 33-30-4.2, relating to insurance coverage for mammograms and Pap smears; (47) Code Section 33-44-3, relating to creation of Georgia High Risk Health Insurance Plan; (48) Code Section 33-45-3, relating to certificate of authority required for operation of continuing care facilities; (49) Code Section 34-9-1, relating to workers' compensation definitions; (50) Code Section 34-9-290, relating to reporting of hazardous occupations and cases of occupational disease; (51) Code Section 34-9-415, relating to conduct of drug testing;
(52) Code Section 35-3-15, relating to office of state medical examiner;
(53) Code Section 36-42-3, relating to definitions regarding downtown development authorities;
(54) Code Section 36-62-2, relating to definitions regarding development authorities;
(55) Code Section 38-2-10, relating to use of National Guard in drug law enforcement;
(56) Code Section 38-3-22, relating to the Governor's emergency management powers and duties;

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(57) Code Section 40-6-392, relating to chemical tests for alcohol or drugs; (58) Code Section 40-8-76, relating to safety belts and safety restraints for children; (59) Code Section 42-1-7, relating to notification of inmate's or patient's infectious or com municable disease; (60) Code Section 42-4-6, relating to confinement and care of tubercular inmates; (61) Code Section 42-4-32, relating to sanitation and health requirements in penal institu tions; (62) Subsection (f) of Code Section 42-5-52, relating to classification and separation of inmates generally; (63) Code Section 43-7-9, relating to general powers and duties of State Board of Barbers; (64) Code Section 43-10-6, relating to certain rules and regulations regarding cosmetolo gists; (65) Code Section 43-11-74, relating to direct supervision of dental hygienists; (66) Code Section 43-18-46, relating to grounds for denial or revocation of license for funeral directors; (67) Code Section 43-27-1, relating to definitions regarding nursing home administrators; (68) Subsection (a) of Code Section 43-27-2, relating to creation of board to license nurs ing home administrators; (69) Code Section 43-45-3, relating to creation of commission regarding pest control; (70) Code Section 44-5-143, relating to anatomical gifts of adult decedents; (71) Code Section 44-5-143.1, relating to anatomical gifts of minor decedents; (72) Code Section 44-5-149, relating to creation of Advisory Board on Anatomical Gift Procurement; (73) Code Section 44-5-150, relating to duties of Advisory Board on Anatomical Gift Pro curement; (74) Code Section 44-5-151, relating to HIV test of body part or donor; (75) Code Section 44-14-470, relating to lien on causes of action accruing to injured person for costs of care; (76) Code Section 45-2-40, relating to employees to furnish certificate of physical fitness for employment; (77) Code Section 45-2-41, relating to committee of doctors to develop fitness standards; (78) Code Section 45-7-7, relating to compensation and allowances of certain officials not to be changed without giving public notice; (79) Code Section 45-9-83, relating to creation of indemnification commission; (80) Code Section 45-20-90, relating to definitions regarding random drug testing of state employees; (81) Code Section 45-20-110, relating to definitions regarding drug testing for state employment; (82) Subsections (b) and (j) of Code Section 46-11-4, relating to regulation of transporta tion of hazardous materials; (83) Code Section 47-2-297, relating to employees of county boards or departments of health in counties having population of 550,000 or more; (84) Code Section 47-11-50, relating to payment to judge's retirement fund of a portion of marriage license fees; (85) Code Section 49-4-153, relating to administrative hearings and appeals involving imposition of sanctions against nursing facilities; (86) Code Section 49-5-90, relating to definitions regarding emergency protection of chil dren; and (87) Code Section 50-18-76, relating to written matter exempt from disclosure under Code Section 31-10-25.
SECTION 142. This Act shall become effective on July 1, 1995, except that if a Code section is amended by this Act and that Code section has not become effective July 1, 1995, the amendment to such Code section shall not become effective until such Code section becomes effective.
SECTION 143. All laws and parts of laws in conflict with this Act are repealed.

MONDAY, MARCH 6, 1995

1561

The following amendment was read and adopted:

Representatives Coleman of the 142nd and Chambless of the 163rd move to amend the Committee substitute to HB 528 as follows:
On page 4 delete lines 1-4 and put in lieu thereof:
"(e) The members of the board shall receive a per diem allowance in the same amount as are received by members of the General Assembly."

The following amendment was read:

Representatives Skipper of the 137th and Murphy of the 18th move to amend the Com mittee substitute to HB 528 by adding at the end of line 25 of page 3 the following:
"One member shall be a dentist licensed under Chapter 11 of Title 43, one member shall be a nursing home administrator licensed under Chapter 27 of Title 43, one member shall be a pharmacist licensed under Chapter 4 of Title 26, one member shall be the chief executive officer of a hospital located in this state, one member shall be a repre sentative of county governing authorities in this state, one member shall be a public h_e_al_' nurse, two members shall be members of allied health professions, five members shall be licensed to practice medicine under Chapter 34 of Title 43, and two members shall represent the public at large but shall not be a member of any health care profession."

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

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

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

E Parham Y Parrish N Parsons Y Pelote Y Perry Y Pinholster N Polak Y Porter
NPoston Y Powell N Purcell, A Y Purcell, B N Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders N Sauder
Scoggins YYSShhaanwa'han
Y Sherrill N 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

On the adoption of the amendment, the ayes were 102, nays 59.

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

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JOURNAL OF THE HOUSE,

The amendment was adopted.

Representative Williams of the 63rd stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

Representative Streat of the 167th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

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 E Birdsong Y Bordeaux
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 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 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 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 Ylrvin 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
Lucas N Maddox NMann Y Martin Y McBee
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
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 E 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 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 162, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

MONDAY, MARCH 6, 1995

1563

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 N Barnes Y Bates Y Benefield E Birdsong Y Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J Y Brush
Buck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers N 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 NDix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart YEpps N Evans N Falls
Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom N Hembree Y Henson N Holland
Holmes Howard Y Hudson

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

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

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

On the passage of the Bill, the ayes were 120, nays 34. The Bill, having received the requisite constitutional majority, was passed.

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

The following amendment was read and adopted:

The Committee on Industrial Relations moves to amend HB 579 by inserting immediately after the word "assessment" on line 27 of page 3 the following:
"in proportion to the assessment provided for in paragraph (3) of this subsection".
By inserting before the period on line 29 of page 3 the following:

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"j provided, however, that such special assessment in any calendar year against any one participant shall not exceed the amount of $10,000.00".

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard
Y Barnes Y Bates Y Benefield E Birdsong Y Bordeaux
Bostick Y Breedlove
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 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 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 YHart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Hugley Y Irvin Y James Y Jamieson Y Jenkins
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
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
Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
YShaw 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 E 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 E 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 161, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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.

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, MARCH 6, 1995

1565

Y Ashe Y Bailey
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
Buck 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 Y Dix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
YEpps Y Evans
Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene
Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson
Holland Y Holmes
Howard Y Hudson

Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johnston Jones
Y Joyce YKaye Y Kinnamon
Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee
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 Y Porter
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
Scoggins 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 YSmyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L E Stanley, P Y Stephenson
Streat Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs E 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 YYates
Murphy, Spkr

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

Due to a mechanical malfunction, the vote of Representative Dobbs of the 92nd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 193 Do Pass
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, March 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 Bannister Bargeron Barnard Barnes
Bates Benefield Birdsong Bostick Breedlove Brooks, T Brown, J Brush Buck Buckner Bunn Byrd Campbell
Canty
Carter Chambless Channel! 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 Greene Grindley Harbin Harris Hart Heard Heckstall Hembree Henson Holland Howard Hudson

Hugley Irvin
James
Jenkins Johnson, G Johnson, J Johns ton Jones Joyce Kaye Kinnamon Klein Ladd Lakly Lawrence Lee Lewis Lord Maddox McBee McCall
McKinney Mills Mobley, B Mobley, J Mosley Mueller O'Neal Parsons

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

Snelling S tailings Stancil, F Stancil, S Stanley, L Stephenson Streat Taylor Teper Thomas Tillman Titus Towery Trense Twiggs Walker, L
Walker, R.L
Wall
Watson
Watts Westmoreland
Whitaker
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 Barfoot of the 155th, Lucas of the 124th, Falls of the 125th, Burkhalter of the 41st, Porter of the 143rd, Williams of the 83rd, Goodwin of the 79th, Lifsey of the 6th, Bailey of the 93rd, Hegstrom of the 66th, Lane of the 146th, McClinton of the 68th, Mann of the 5th, Sherrill of the 62nd, Orrock of the 56th, Baker of the 70th, Bordeaux of the 151st, Turnquest of the 73rd, Sinkfield of the 57th, Teague of the 58th, Parrish of the 144th, Coleman of the 142nd, Brown of the 117th and Smyre of the 136th.
They wish to be recorded as present.

Prayer was offered by Dr. Henry Fields, Pastor, First Baptist Church, Toccoa, 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, MARCH 7, 1995

1567

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 21. By Representative Kaye of the 37th:
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, 2000.
Referred to the Committee on Ways & Means.

HB 951. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to create the Cherokee County Parks and Recreation Authority.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 952. By Representative Coleman of the 80th:
A bill to amend an Act providing a new charter for the City of Duluth, so as to clarify the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 953. By Representatives Towery of the 30th, Klein of the 39th, Shipp of the 38th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriffs chief deputy, the chief investigator, and the executive assist ant.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 954. By Representatives Mueller of the 152nd, Dixon of the 150th, Coleman of the 142nd, Smith of the 169th, Pelote of the 149th 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 Central of Georgia Railroad Shops Complex as the official state railroad museum of Georgia.
Referred to the Committee on Rules.

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HB 955. By Representatives Smith of the 174th, Ashe of the 46th, Felton of the 43rd, Taylor of the 134th, Hart of the 116th 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 that health benefit policies include obstetricians and gynecologists as primary care physicians provided they meet the insuring entity's written eligibility criteria for all specialists seeking primary care physician status.
Referred to the Committee on Insurance.

HB 956. By Representative James of the 140th:
A bill to amend an Act providing for the board of education for the Macon County School District, so as to provide for compensation for the members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 957. By Representative Bargeron of the 120th:
A bill to amend an Act to make provisions for the Magistrate Court of Jef ferson County, so as to change the compensation of the chief deputy magis trate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 958. By Representative Twiggs of the 8th:
A bill to amend Code Section 47-17-81 of the Official Code of Georgia Anno tated, relating to eligibility for disability payments under the Peace Officers' Annuity and Benefit Fund, so as to provide that disability benefits shall cease when a disabled member obtains certain employment in the field of law enforcement.
Referred to the Committee on Retirement.

HB 959. By Representative Barnes of the 33rd:
A bill to amend Code Section 17-7-70.1 of the Official Code of Georgia Anno tated, relating to trial upon accusations in certain felony and misdemeanor cases, so as to provide that certain theft offenses may be tried on accusa tions; to provide that all crimes involving forgery and fraudulent practices and controlled substances may be tried on accusation.
Referred to the Committee on Judiciary.

HB 960. By Representative Burkhalter of the 41st:
A bill to amend Code Section 44-14-361.3 of the Official Code of Georgia Annotated, relating to preliminary notices of lien, so as to require that copies of such notices be sent to both the contractor and owner of the property except in certain circumstances.
Referred to the Committee on Judiciary.

TUESDAY, MARCH 7, 1995

1569

HB 961. By Representative Bannister of the 77th:
A bill to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide for a sales and use tax exemption with respect to special domestic motor fuels; 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 taxa tion with respect to certain motor fuels and provide for an exemption.
Referred to the Committee on Ways & Means.

HB 962. By Representatives Bannister of the 77th and Johnson of the 97th:
A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive revision of said title to conform to a repeal of the National Voter Registration Act of 1993.
Referred to the Committee on Governmental Affairs.

HB 963. By Representative Holmes of the 53rd:
A bill to amend Code Section 47-3-67 of the Official Code of Georgia Anno tated, relating to membership in the Teachers Retirement System of Georgia of teachers who are employed by certain county school systems and related matters, so as to provide that the benefits of such teachers shall be calcu lated as provided on June 30, 1988, by certain local pension funds, with cer tain amendments thereafter.
Referred to the Committee on Retirement.

HB 964. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 965. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 966. By Representative Lee of the 94th:
A bill to amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, so as to provide for changes in the payment and procedures for reimbursement of travel expenses for district attorneys and certain state paid personnel.
Referred to the Committee on Judiciary.

HB 967. By Representative Stallings of the 100th:
A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firemen's Pension Fund, so as to provide that certain members under certain circumstances may obtain credit for prior service.
Referred to the Committee on Retirement.

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HB 968. By Representatives Coleman of the 142nd, Childers of the 13th, Dobbs of the 92nd, Walker of the 141st, Buck of the 135th and others:
A bill to amend Code Section 42-5-2 of the Official Code of Georgia Anno tated, relating to responsibilities of governmental unit with custody of inmates generally, so as to provide that the Department of Corrections shall not be required to provide any inmate under its jurisdiction who is in need of medical treatment or care any standards of treatment or care greater than the standards of medical treatment and care provided to recipients under Title XIX of the Social Security Act.
Referred to the Committee on State Institutions & Property.

HB 969. By Representatives Mobley of the 69th, Randolph of the 72nd, Polak of the 67th, McClinton of the 68th, Sherrill of the 62nd and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 975. By Representative Burkhalter of the 41st:
A bill to amend Code Section 48-13-51 of the Official Code of Georgia Anno tated, relating to county and municipal levies on public accommodations, so as to change the purposes for which the proceeds of such levies may be expended.
Referred to the Committee on Ways & Means.

HB 976. By Representatives Klein of the 39th, Towery of the 30th, Sauder of the 29th, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 977. By Representative Cummings of the 27th:
A bill to amend Code Section 47-3-60 of the Official Code of Georgia Anno tated, relating to eligibility for membership in the Teachers Retirement Sys tem of Georgia, so as to reduce the number of years that a member of such retirement system must serve after a break in service to be eligible for rein statement without the payment of a reinstatement fee.
Referred to the Committee on Retirement.

HB 978. 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.

TUESDAY, MARCH 7, 1995

1571

HB 979. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for the appointment of certain committees; to provide for certain duties of the mayor; to provide for certain officers and employees of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 980. By Representatives Falls of the 125th, Culbreth of the 132nd, Heard of the 89th and Chambless of the 163rd:
A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to create the "Medical Care Savings Account and Trust Act".
Referred to the Committee on Insurance.

HB 981. By Representative Cummings of the 27th:
A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to provide that certain persons may not become members of the Teachers Retirement System of Georgia in a certain manner on or after a certain date; to define certain terms; to provide that certain public school employees may elect to become members of such retire ment system.
Referred to the Committee on Retirement.

HB 982. By Representatives Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating a new board of commissioners of Henry County, so as to change the provisions relating to the selection, duties, pow ers, qualifications, and terms of office of the chairman of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 467. By Representatives Bannister of the 77th, Crews of the 78th, Johnson of the 97th, Davis of the 60th, Mann of the 5th and others:
A resolution proposing an amendment to the Constitution so as to provide that the members of the State Board of Education shall be appointed in alternate succession by the Governor and the State School Superintendent.
Referred to the Committee on Education.

HR 468. By Representative Twiggs of the 8th:
A resolution relating to a state-wide 800 MHZ, trunked radio system for law enforcement communications in this state.
Referred to the Committee on Public Safety.

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

HR 501. By Representative Lane of the 146th: A resolution designating the John R. McKinney Medal of Honor Highway.
Referred to the Committee on Transportation.

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

HB 934 HB 935 HB 936 HB 937
HB 938 HB 939 HB 940 HB 941 HB 942
HB 944 HB 945 HB 946 HB 947 HB 948
HB 949

HB 950 HB 970 HB 971 HB 972
HB 973 HB 974 HR 458 HR 460 HR 461
SB 282 SB 315 SB 367 SR 57 SR 121
SR 226

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 187 Do Pass SB 374 Do Pass
Respectfully submitted, /s/ Reaves of the 178th
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 Senate and has instructed me to report the same back to the House with the following recommendation:
SB 193 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

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

Mr. Speaker:
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:

TUESDAY, MARCH 7, 1995

1573

HB 911 Do Pass HB 924 Do Pass

Respectfully submitted, /s/ Watson of the 139th
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 371 Do Pass HR 462 Do Pass HR 478 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 Senate and has instructed me to report the same back to the House with the follow ing recommendations:
SB 69 Do Pass, by Substitute SB 210 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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 780 Do Pass, as Amended HB 810 Do Pass HB 823 Do Pass HB 902 Do Pass HB 903 Do Pass HB 904 Do Pass HB 905 Do Pass HB 906 Do Pass HB 908 Do Pass

HB 909 Do Pass HB 913 Do Pass HB 914 Do Pass HB 917 Do Pass HB 918 Do Pass HB 919 Do Pass HB 920 Do Pass HB 922 Do Pass HB 923 Do Pass

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HB 932 Do Pass HB 933 Do Pass

SB 254 Do Pass, by Substitute SB 391 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, MARCH 7, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 33rd Legislative Day as enu merated below:
HB 167 Landlord; notify prospective tenant; flooding HB 214 Certain public employees; termination settlement agreement HB 236 Western Judicial Circuit; add judge HB 285 Physicians' assistants; additional duties HB 308 Dangerous weapons used in certain offenses; enhanced penalties HB 354 Alcoholic beverages; community development districts HB 356 Counties; employment benefits; exclude certain elected officials HB 365 QBE; advanced placement exam fees; private schools HB 419 Excise tax; hotels/motels; expenditure requirements HB 433 Osteoporosis Prevention and Treatment Education Act; enact HB 435 County and Municipal Probation Advisory Council; provisions HB 456 Raffles; tax-exempt organizations; authorization HB 480 Property in custody of law enf agency; certain sales in lots HB 683 Income tax credit; alternative fuel vehicle HB 717 Vehicles and loads; width over 16 feet; emergency permit HB 755 Ad valorem tax; standing timber; millage rate HB 757 Inmate accts; med exp deductions; redefine detention facility HB 765 Health care network; hospital authorities establish HB 790 Ad valorem tax; airport property; more than one county HB 824 Business opportunity; redefine; include pushcart and kiosk HB 868 Ethics; campaign contributions; verification
HR 323 Regional development centers; ratify boundaries (Reconsidered) HR 324 Georgia Future Communities Commission; create HR 358 Rabun County; lease property HR 382 "Women's History Month"; designate March, 1995 HR 388 Worth County; convey property HR 417 Joint Study Committee on School Constuction; create HR 419 Bartow County, convey property HR 437 Harold G. Clarke Parkway; designate HR 438 Benson Ham Road; designate HR 448 "Walter E. Cox Parkway"; designate
ALL COMPENSATION RESOLUTIONS APPROVED BY APPROPRIATIONS COM MITTEE.
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

TUESDAY, MARCH 7, 1995

1575

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

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.

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

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.

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

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.

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

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.

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

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.

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

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.

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JOURNAL OF THE HOUSE,

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

HB 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.

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

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.

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

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.

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

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.

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

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.

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

TUESDAY, MARCH 7, 1995

1577

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.

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

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.

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

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.

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

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.

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

SB 254. By Senators Slotin of the 39th, Thomas of the 10th, Oliver of the 42nd, Henson of the 55th and Scott of the 36th:
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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p.

1578

JOURNAL OF THE HOUSE,

4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5055), so as to reduce the minimum acreage required for a residential zone within 1,000 feet of a MARTA station from 2.5 acres to one acre; to reduce the minimum acreage required for a mixed-use residential and commercial zone within 1,000 feet of a MARTA station from eight acres to one acre; to reduce the minimum acreage required for all other mixed-use residential and commercial zones from eight acres to five acres; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
An Act providing for urban enterprise zones in the City of Atlanta and known as the "Atlanta Urban Enterprise Zone Act," approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5055), is amended by striking subsection (d) of Section 5 and inserting in lieu thereof a new subsec tion (d) to read as follows:
"(d)(l) A zone for industrial purposes may not be less than 25 acres in size. (2) A zone for commercial purposes may not be less than eight acres in size. (3) A zone for residential purposes may not be less than five acres in size, except:
(A) When the proposed zone is within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one acre will be required; (B) When the proposed zone contains a historic multifamily structure, which struc ture is suitable for rehabilitation or renovation and can provide a minimum of four multifamily housing units, in which case there will be no minimum acreage required; (C) When the proposed zone contains a single-room occupancy residence in which at least 80 percent of the units to be provided bear weekly rents which do not exceed the fair market rents for the Atlanta metropolitan statistical area for singleroom occupancy residences as most recently published by the United States Depart ment of Housing and Urban Development. In said case, there will be no minimum acreage required. Prior to enterprise zone status being granted to single-room occu pancy residences, the single-room occupancy operating plan must be presented, and it must project a minimum of 20 percent of the units for homeless persons, includ ing persons previously living in emergency shelters, substandard housing, or in no housing whatsoever; or (D) When the proposed zone is located within the Central Business District of the City of Atlanta as defined in the most recent United States Census of Retail Trade, in which case a minimum of 2.5 acres will be required. (4) A zone for mixed-use residential and commercial purposes may not be less than five acres in size, except when the proposed zone is located within 1,000 feet of a MARTA station pedestrian entrance, in which case a minimum of one acre will be required. (5) A zone for mixed-use commercial and industrial purposes may not be less than 25 acres in size."
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.

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.

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

TUESDAY, MARCH 7, 1995

1579

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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend HB 780 by striking "$12,000.00" and inserting "$2,000.00" on line 3 of page 2.

By striking "$14,000.00" and inserting "$4,000.00" on line 5 of page 2.

By striking "$16,000.00" and inserting "$6,000.00" on line 7 of page 2.

By striking "$18,000.00" and inserting "$8,000.00" on line 9 of page 2.

By striking "county" and inserting "county school" on line 3 of page 3.

By striking lines 9 through 14 of page 4 and inserting in their place the following:

"( ) YES ( ) NO

Shall an Act be approved which provides for an additional $2,000.00 homestead exemption from Fulton County ad valorem taxes for county purposes for certain persons who are disabled or 65 years of age or over, which exemption shall be increased to $8,000.00 over a four-year period?".

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

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.

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

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.

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

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.

1580

JOURNAL OF THE HOUSE,

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

By unanimous consent, the following roll call vote was made applicable to the 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 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
Y Brown, J Y Brush EBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channel!
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 Y Dixon, H Y Dixon, S Dobbs Ehrhart YEpps Y Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden
Goodwin Y 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 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
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
Orrock

E Parham
Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Poston Y Powell
Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves
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 E 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 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 Bills, the ayes were 149, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representative Davis of the 60th was off the floor of the House and would like to be recorded as voting "nay" on HB 823.

By uanimous consent, HB 920 was postponed until Wednesday, March 8, 1995.

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

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

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

TUESDAY, MARCH 7, 1995

1581

SB 398. By Senators Dean of the 31st and Marable of the 52nd:
A bill to provide a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for each resident of the city who is 65 years of age or older or totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability.

SB 437. By Senator Griffin of the 25th:
A bill creating the board of commissioners of Greene County, as amended, so as to provide for the reimbursement of expenses incurred by the chairman; to provide for compensation of and reimbursement of expenses incurred by the members of the board.

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.

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.

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.

HB 819. By Representatives Polak of the 67th, Henson of the 65th, Jones of the 71st 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.

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.

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.

1582

JOURNAL OF THE HOUSE,

SB 74. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and Ray of the 19th:
A bill to amend Part 1 of Article 3 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to wiretapping, eavesdropping, surveil lance, and related offenses, so as to provide that it shall be unlawful for any person who is a party thereto to intercept any wire, oral, or electronic com munication without the prior consent of the other party.

SB 77. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and Ray of the 19th:
A bill to amend Code Section 15-11-36.1 of the Official Code of Georgia Annotated, relating to counseling or counsel and advice for children and their parents, so as to provide for counseling once a child is brought within the jurisdiction of the juvenile court.

SB 247. By Senators Burton of the 5th, Harbison of the 15th, Kemp of the 3rd and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Student Finance Author ity Act," so as to provide education grants to certain children of members of the armed forces who are killed in action, die in service, or who are missing in action and to certain children of members of the Georgia National Guard who are killed while on active duty either in the service of this state or the United States.

SB 292. By Senators Langford of the 29th, Gochenour of the 27th and Thompson of the 33rd:
A bill to amend Code Section 15-11-4.1 of the Official Code of Georgia Anno tated, relating to training seminars for judges and associate judges exercising juvenile court jurisdiction, so as to provide for establishment of seminars by the Council of Juvenile Court Judges in conjunction with the Institute of Continuing Judicial Education of Georgia; to provide for court rules relating to such seminars.

SB 343. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to clarify the power of the Secretary of State to issue rules and regulations concerning duties required of that office or which necessarily attach to it.

SB 346. By Senators James of the 35th, Harbison of the 15th and Griffin of the 25th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the reserve components of the United States armed forces shall be eligible to retain their special license plates after retirement; to define a certain term; to provide for clarification; to provide for editorial revisions.

TUESDAY, MARCH 7, 1995

1583

SB 347. By Senator Boshears of the 6th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to clarify provisions relating to guardians' com missions generally; to provide for appointment of guardians for beneficiaries of the United States Department of Veterans Affairs; to provide for numbers of wards per guardian; to provide for compensation of guardians and fiduci aries for beneficiaries of the United States Department of Veterans Affairs.

SB 359. By Senator Madden of the 47th:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," so as to confer the power of warrantless arrest on investigators in certain specified instances; to provide for the issuance of summons at an investigator's discre tion in connection with warrantless arrests in certain specified instances; to require owners of a cemetery to adopt rules concerning the maintenance of a cemetery and merchandise within it.

SB 361. By Senator Madden of the 47th:
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 which are unlawful, so as to provide that the written solicitation for inclusion in the listing of a local telephone classified advertising directory shall be an unfair or deceptive practice and declared unlawful unless the form of such solicitation meets certain requirements and has certain text printed on the form.

SB 370. By Senators Slotin of the 39th, Scott of the 36th and Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to authorize each member on the board of the Authority who represents the State to designate a person to serve in place of that member.

SB 375. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources may 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.

SB 385. By Senators Gillis of the 20th, Dean of the 31st and Ray of the 19th:
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.

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.

1584

JOURNAL OF THE HOUSE,

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

SR 64. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and Hill of the 4th:
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; to provide for exemptions, credits, or reductions of taxes, or any combination thereof, within such zones with respect to taxes levied by a county or municipality; to provide for limitations and requirements; to provide for the submission of this amendment for ratifi cation or rejection.

SR 97. By Senators Oliver of the 42nd, Edge of the 28th and Pollard of the 24th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Jus tices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived of the power to enact laws establishing or changing the compensa tion of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts; to provide for the submission of this amend ment for ratification or rejection.

SR 128. By Senators Boshears of the 6th, Blitch of the 7th and Kemp of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous con stituents, or hazardous substances at sites where corrective action is neces sary to mitigate a present or future danger to human health or the environment; to provide for the submission of this amendment for ratifica tion or rejection.

SR 162. By Senators Farrow of the 54th and Oliver of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees in any case in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and to provide for the allocation of such additional penalties or fees for the construction, operation, and staffing of child abuse treatment and pre vention centers and the operation of counseling and other programs to reduce and prevent child abuse; to provide for the submission of this amend ment for ratification or rejection.

SR 228. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution proposing an amendment to the Constitution so as to allow the owners of certain real property located in certain industrial areas to remove the property from the industrial area; to provide that such removal shall be irrevocable and binding on successors and heirs; to provide for the submis sion of this amendment for ratification or rejection.

TUESDAY, MARCH 7, 1995

1585

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.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

HB 3. By Representative Buck of the 135th:
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.

HB 120. By Representatives Smith of the 174th and Tillman of the 173rd:
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 Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 264. By Representatives Tillman of the 173rd, Smith of the 175th, Smith of the 174th 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 Senate has passed by the requisite constitutional majority the following bills of the Senate:

SB 458. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to provide for a new charter for the City of Tybee Island; to provide for the reincorporation of the city; to provide for corporate boundaries; to provide for powers and duties of the city and the governing authority thereof; to provide for construction; to provide for exercise of powers; to pro vide for a city council and the members thereof; to provide for the election, terms, qualifications, vacancies, compensation, and expenses of the mayor and councilmembers.

SB 457. By Senator Griffin of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to provide for the terms of the State Court of Baldwin County.

1586

JOURNAL OF THE HOUSE,

SB 456. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to provide a homestead exemption from City of Decatur School Dis trict ad valorem taxes for educational purposes for the full amount of the assessed value of the homestead for certain residents of that school district who have annual incomes of less than $40,000.00 and who are 80 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto.

SB 399. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," as amended, so as to provide for the advertising of bids for certain county expenditures; to provide for emergency purchases.

SB 433. By Senator Henson of the 55th:
A bill to create the DeKalb Memorial Stadium Authority; to provide for a short title; to provide for findings and determinations; to provide for defini tions; to provide for the creation of the authority; to provide for the member ship of the authority; to provide for appointment, terms, vacancies, qualifications, compensation, and expenses of members of the authority; to provide for the organization and meetings of the authority; to provide for an executive director and other personnel of the authority.

SB 450. By Senator Thompson of the 33rd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex a certain area of the city.

SB 455. By Senators Starr of the 44th and Thomas of the 10th:
A bill to repeal an Act entitled "An Act to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District."

SB 401. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," as amended, so as to provide for the appointment of a director of finance.

SB 402. By Senator Crotts of the 17th:
A bill to provide for the Henry County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent; to provide for appointment and qualifications of its members; to provide for its initial and subsequent membership and for terms, resignations, removal, vacancies, oaths, and certain privileges.

SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.

TUESDAY, MARCH 7, 1995

1587

SB 400. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Lottery for Education Act," so as to change the provisions relating to the fidelity fund for retailers; to authorize the Georgia Lottery Corporation to establish a fidelity fund; to provide for the use of moneys in such fund; to repeal certain provisions relating to the assessment of retailers when the bal ance in the fund falls below a certain amount.

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

SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:
A resolution creating the Community Economic Development Task Force to coordinate and promote growth and economic development efforts of rural, minority, and economically distressed communities of Georgia.

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

SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd 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; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds.

SB 446. By Senator Boshears of the 6th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Anno tated, relating to fraud in obtaining and wrongful receipt of public assistance and benefits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligible for such assistance or benefits.

SB 246. By Senators Marable of the 52nd, Dean of the 31st, Gillis of the 20th and others:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to encourage the granting of visitation rights to certain noncustodial parents.

SB 316. By Senators Tysinger of the 41st, Oliver of the 42nd and Broun of the 46th:
A bill to amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," so as to change the definition of "trade secret"; to provide that information regarding actual or potential customers or suppliers is a trade secret without regard to the form of such information in certain circumstances.

1588

JOURNAL OF THE HOUSE,

SB 310. By Senator Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to change the compensation and allowances of the members and the chairman of the Authority's Board of Directors.

SB 410. By Senators Clay of the 37th and Ralston of the 51st:
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 the transfer of a nonresident child to the county of the child's residence for disposition following adjudication that the child has committed an unruly or delinquent act; to authorize the adjudicating court to retain jurisdiction over the disposition of the nonresident child.

SB 317. By Senator Isakson of the 21st:
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.

SB 213. By Senator James of the 35th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Anno tated, relating to child support receivers, so as to prohibit the receipt of any extra compensation in the form of bonuses or commissions for child support receivers or employees of such office; to provide for an additional duty of child support receivers.

SB 387. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to enact the Southern Regional Emergency Management Compact; to provide a short title; to pro vide for the purpose and authorities of said compact; to provide for general implementation; to provide for the responsibilities of each state which is a party to the compact; to provide for limitations; to provide for licenses and permits; to provide for liabilities and immunities.

SB 418. By Senators Tysinger of the 41st and Oliver of the 42nd:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of theft of trade secrets; to provide for definitions; to provide for a penalty; to pro vide for preserving the secrecy of trade secrets in prosecutions; to provide for exceptions.

SB 408. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide for interest on certain claims in bankruptcy.

TUESDAY, MARCH 7, 1995

1589

SB 420. By Senator Ralston of the 51st:
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 change certain provisions relating to the use of "fighting words," obscene and vulgar or profane language, and harassing phone calls; to provide for the offense of disorderly conduct; to provide that certain powers of counties or municipali ties shall not be affected or limited; to provide for the offense of harassing phone calls.

SB 438. By Senators Dean of the 31st, Bowen of the 13th, Gillis of the 20th and Marable of the 52nd:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige motor vehicle license plates and spe cial plates for certain persons and vehicles, so as to provide for special motorcycle plates for handicapped persons; to provide for special antique plates for motorcycles.

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

SR 274. By Senator McGuire of the 30th:
A resolution creating the Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit.

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

SB 296. By Senator Ragan of the llth:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for definitions of certain terms; to prohibit the creation, use, or pro curement of a false and fraudulent certificate, license, permit, credential, or other document with intent to deceive; to provide that the same is good and sufficient cause for termination, suspension, or nonrenewal of a contract of employment.

SB 325. By Senator Walker 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 superior court judges for each judicial cir cuit, so as to increase to seven the number of judges for the Augusta Judicial Circuit; to provide for the appointment and term of the initial seventh judge; to provide for the election and term of successors to the initial seventh judge; to provide for the qualifications of such judge; to provide for the compensa tion, salary, and expense allowance of said judge.

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

SR 240. By Senators Johnson of the 1st, Walker of the 22nd and Thomas of the 10th:
A resolution creating the Joint Study Committee on Certificate of Need for Health Care Facilities.

1590

JOURNAL OF THE HOUSE,

SR 269. By Senators Marable of the 52nd and Dean of the 31st:
A resolution authorizing the conveyance of certain state owned real proper ties located in Bartow County, Georgia.

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

SB 423. By Senator Oliver of the 42nd:
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 authorize an order for child support to require insurance for the benefit of a minor child on the life of either or both parents; to provide that premiums for such insurance be reviewed for reasonableness and counted as a part of child support; to pro vide that the maintenance of such insurance and the availability of the pro ceeds of such insurance shall not be required.

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

SB 74. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd 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 provide that it shall be unlawful for any person who is a party thereto to intercept any wire, oral, or electronic com munication without the prior consent of the other party.
Referred to the Committee on Judiciary.

SB 77. By Senators Abernathy of the 38th, Scott of the 36th, Walker of the 22nd and others:
A bill to amend Code Section 15-11-36.1 of the Official Code of Georgia Annotated, relating to counseling or counsel and advice for children and their parents, so as to provide for counseling once a child is brought within the jurisdiction of the juvenile court.
Referred to the Committee on Judiciary.

SB 213. By Senator James of the 35th:
A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Anno tated, relating to child support receivers, so as to prohibit the receipt of any extra compensation in the form of bonuses or commissions for child support receivers or employees of such office; to provide for an additional duty of child support receivers.
Referred to the Committee on Judiciary.

SB 246. By Senators Marable of the 52nd, Dean of the 31st, Gillis of the 20th and others:
A bill to amend Chapter 9 of Title 19 of the Official Code of Georgia Anno tated, relating to child custody proceedings, so as to encourage the granting of visitation rights to certain noncustodial parents.
Referred to the Committee on Judiciary.

TUESDAY, MARCH 7, 1995

1591

SB 247. By Senators Burton of the 5th, Harbison of the 15th, Kemp of the 3rd and others:
A bill to amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Georgia Student Finance Author ity Act," so as to provide education grants to certain children of members of the armed forces who are killed in action, die in service, or who are missing in action and to certain children of members of the Georgia National Guard who are killed while on active duty either in the service of this state or the United States.
Referred to the Committee on Defense & Veterans Affairs.

SB 292. By Senators Langford of the 29th, Gochenour of the 27th and Thompson of the 33rd:
A bill to amend Code Section 15-11-4.1 of the Official Code of Georgia Anno tated, relating to training seminars for judges and associate judges exercising juvenile court jurisdiction, so as to provide for establishment of seminars by the Council of Juvenile Court Judges in conjunction with the Institute of Continuing Judicial Education of Georgia; to provide for court rules relating to such seminars.
Referred to the Committee on Judiciary.

SB 296. By Senator Ragan of the llth:
A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for definitions of certain terms; to prohibit the creation, use, or pro curement of a false and fraudulent certificate, license, permit, credential, or other document with intent to deceive; to provide that the same is good and sufficient cause for termination, suspension, or nonrenewal of a contract of employment.
Referred to the Committee on Education.

SB 310. By Senator Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to change the compensation and allowances of the members and the chairman of the Authority's Board of Directors.
Referred to the Committee on State Planning & Community Affairs.

SB 316. By Senators Tysinger of the 41st, Oliver of the 42nd and Broun of the 46th:
A bill to amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia Trade Secrets Act of 1990," so as to change the definition of "trade secret"; to provide that information regarding actual or potential customers or suppliers is a trade secret without regard to the form of such information in certain circumstances.
Referred to the Committee on Judiciary.

SB 317. By Senator Isakson of the 21st:
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.

1592

JOURNAL OF THE HOUSE,

SB 325. By Senator Walker 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 superior court judges for each judicial cir cuit, so as to increase to seven the number of judges for the Augusta Judicial Circuit; to provide for the appointment and term of the initial seventh judge; to provide for the election and term of successors to the initial seventh judge; to provide for the qualifications of such judge; to provide for the compensa tion, salary, and expense allowance of said judge.
Referred to the Committee on Judiciary.

SB 343. By Senator Thomas of the 10th:
A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to clarify the power of the Secretary of State to issue rules and regulations concerning duties required of that office or which necessarily attach to it.
Referred to the Committee on State Planning & Community Affairs.

SB 346. By Senators James of the 35th, Harbison of the 15th and Griffin of the 25th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to special and distinctive license plates, so as to provide that members of the reserve components of the United States armed forces shall be eligible to retain their special license plates after retirement; to define a certain term; to provide for clarification; to provide for editorial revisions.
Referred to the Committee on Motor Vehicles.

SB 347. By Senator Boshears of the 6th:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to clarify provisions relating to guardians' com missions generally; to provide for appointment of guardians for beneficiaries of the United States Department of Veterans Affairs; to provide for numbers of wards per guardian; to provide for compensation of guardians and fiduci aries for beneficiaries of the United States Department of Veterans Affairs.
Referred to the Committee on Judiciary.

SB 359. By Senator Madden of the 47th:
A bill to amend Article 4 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Cemetery Act of 1983," so as to confer the power of warrantless arrest on investigators in certain specified instances; to provide for the issuance of summons at an investigator's discre tion in connection with warrantless arrests in certain specified instances; to require owners of a cemetery to adopt rules concerning the maintenance of a cemetery and merchandise within it.
Referred to the Committee on Judiciary.

TUESDAY, MARCH 7, 1995

1593

SB 361. By Senator Madden of the 47th:
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 which are unlawful, so as to provide that the written solicitation for inclusion in the listing of a local telephone classified advertising directory shall be an unfair or deceptive practice and declared unlawful unless the form of such solicitation meets certain requirements and has certain text printed on the form.
Referred to the Committee on Industry.
SB 370. By Senators Slotin of the 39th, Scott of the 36th and Thomas of the 10th:
A bill to amend an Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," as amended, so as to authorize each member on the board of the Authority who represents the State to designate a person to serve in place of that member.
Referred to the Committee on State Planning & Community Affairs.
SB 375. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources may 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.
Referred to the Committee on Natural Resources & Environment.
SB 385. By Senators Gillis of the 20th, Dean of the 31st and Ray of the 19th:
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.
SB 387. By Senators Taylor of the 12th, Brown of the 26th and Middleton of the 50th:
A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Anno tated, relating to emergency management, so as to enact the Southern Regional Emergency Management Compact; to provide a short title; to pro vide for the purpose and authorities of said compact; to provide for general implementation; to provide for the responsibilities of each state which is a party to the compact; to provide for limitations; to provide for licenses and permits; to provide for liabilities and immunities.
Referred to the Committee on State Planning & Community Affairs.
SB 398. By Senators Dean of the 31st and Marable of the 52nd:
A bill to provide a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for each resident of the city who is 65 years of age or older or totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability.
Referred to the Committee on State Planning & Community Affairs - Local.

1594

JOURNAL OF THE HOUSE,

SB 399. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," as amended, 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.

SB 400. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Lottery for Education Act," so as to change the provisions relating to the fidelity fund for retailers; to authorize the Georgia Lottery Corporation to establish a fidelity fund; to provide for the use of moneys in such fund; to repeal certain provisions relating to the assessment of retailers when the bal ance in the fund falls below a certain amount.
Referred to the Committee on Industry.

SB 401. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," as amended, so as to provide for the appointment of a director of finance.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 402. By Senator Crotts of the 17th:
A bill to provide for the Henry County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent; to provide for appointment and qualifications of its members; to provide for its initial and subsequent membership and for terms, resignations, removal, vacancies, oaths, and certain privileges.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd 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; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds.
Referred to the Committee on State Planning & Community Affairs.

SB 408. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide for interest on certain claims in bankruptcy.
Referred to the Committee on Judiciary.

TUESDAY, MARCH 7, 1995

1595

SB 410. By Senators Clay of the 37th and Ralston of the 51st:
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 the transfer of a nonresident child to the county of the child's residence for disposition following adjudication that the child has committed an unruly or delinquent act; to authorize the adjudicating court to retain jurisdiction over the disposition of the nonresident child.
Referred to the Committee on Children and Youth.

SB 418. By Senators Tysinger of the 41st and Oliver of the 42nd:
A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide for the offense of theft of trade secrets; to provide for definitions; to provide for a penalty; to pro vide for preserving the secrecy of trade secrets in prosecutions; to provide for exceptions.
Referred to the Committee on Special Judiciary.

SB 420. By Senator Ralston of the 51st:
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 change certain provisions relating to the use of "fighting words," obscene and vulgar or profane language, and harassing phone calls; to provide for the offense of disorderly conduct; to provide that certain powers of counties or municipali ties shall not be affected or limited; to provide for the offense of harassing phone calls.
Referred to the Committee on Judiciary.

SB 423. By Senator Oliver of the 42nd:
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 authorize an order for child support to require insurance for the benefit of a minor child on the life of either or both parents; to provide that premiums for such insurance be reviewed for reasonableness and counted as a part of child support; to pro vide that the maintenance of such insurance and the availability of the pro ceeds of such insurance shall not be required.
Referred to the Committee on Judiciary.

SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

1596

JOURNAL OF THE HOUSE,

SB 433. By Senator Henson of the 55th:
A bill to create the DeKalb Memorial Stadium Authority; to provide for a short title; to provide for findings and determinations; to provide for defini tions; to provide for the creation of the authority; to provide for the member ship of the authority; to provide for appointment, terms, vacancies, qualifications, compensation, and expenses of members of the authority; to provide for the organization and meetings of the authority; to provide for an executive director and other personnel of the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 437. By Senator Griffin of the 25th:
A bill creating the board of commissioners of Greene County, as amended, so as to provide for the reimbursement of expenses incurred by the chairman; to provide for compensation of and reimbursement of expenses incurred by the members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 438. By Senators Dean of the 31st, Bowen of the 13th, Gillis of the 20th and oth ers:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige motor vehicle license plates and spe cial plates for certain persons and vehicles, so as to provide for special motorcycle plates for handicapped persons; to provide for special antique plates for motorcycles.
Referred to the Committee on Motor Vehicles.

SB 446. By Senator Boshears of the 6th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Anno tated, relating to fraud in obtaining and wrongful receipt of public assistance and benefits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligible for such assistance or benefits.
Referred to the Committee on Children and Youth.

SB 450. By Senator Thompson of the 33rd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex a certain area of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 455. By Senators Starr of the 44th and Thomas of the 10th:
A bill to repeal an Act entitled "An Act to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District."
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 7, 1995

1597

SB 456. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to provide a homestead exemption from City of Decatur School Dis trict ad valorem taxes for educational purposes for the full amount of the assessed value of the homestead for certain residents of that school district who have annual incomes of less than $40,000.00 and who are 80 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 457. By Senator Griffin of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to provide for the terms of the State Court of Baldwin County.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 458. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to provide for a new charter for the City of Tybee Island; to provide for the reincorporation of the city; to provide for corporate boundaries; to provide for powers and duties of the city and the governing authority thereof; to provide for construction; to provide for exercise of powers; to pro vide for a city council and the members thereof; to provide for the election, terms, qualifications, vacancies, compensation, and expenses of the mayor and councilmembers.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 64. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and others:
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; to provide for exemptions, credits, or reductions of taxes, or any combination thereof, within such zones with respect to taxes levied by a county or municipality; to provide for limitations and requirements; to provide for the submission of this amendment for ratifi cation or rejection.
Referred to the Committee on State Planning & Community Affairs.

SR 97. By Senators Oliver of the 42nd, Edge of the 28th and Pollard of the 24th:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create, by law, a State Commission on Judicial Compensation and to authorize such commission to establish, subject to amendment or rejection by the General Assembly, the compensation of Jus tices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts and to provide that the General Assembly shall not be deprived of the power to enact laws establishing or changing the compensa tion of Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior courts; to provide for the submission of this amend ment for ratification or rejection.
Referred to the Committee on Judiciary.

1598

JOURNAL OF THE HOUSE,

SR 128. By Senators Boshears of the 6th, Blitch of the 7th and Kemp of the 3rd:
A resolution proposing an amendment to the Constitution so as to authorize the state to incur debt to fund activities associated with the investigation, detoxification, removal, and disposal of any hazardous wastes, hazardous con stituents, or hazardous substances at sites where corrective action is neces sary to mitigate a present or future danger to human health or the environment; to provide for the submission of this amendment for ratifica tion or rejection.
Referred to the Committee on Natural Resources & Environment.

SR 162. By Senators Farrow of the 54th and Oliver of the 42nd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for additional penalties or fees in any case in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state and to provide for the allocation of such additional penalties or fees for the construction, operation, and staffing of child abuse treatment and pre vention centers and the operation of counseling and other programs to reduce and prevent child abuse; to provide for the submission of this amend ment for ratification or rejection.
Referred to the Committee on Special Judiciary.

SR 228. By Senators Johnson of the 1st and Johnson of the 2nd:
A resolution proposing an amendment to the Constitution so as to allow the owners of certain real property located in certain industrial areas to remove the property from the industrial area; to provide that such removal shall be irrevocable and binding on successors and heirs; to provide for the submis sion of this amendment for ratification or rejection.
Referred to the Committee on Judiciary.

SR 240. By Senators Johnson of the 1st, Walker of the 22nd and Thomas of the 10th:
A resolution creating the Joint Study Committee on Certificate of Need for Health Care Facilities.
Referred to the Committee on Rules.

SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:
A resolution creating the Community Economic Development Task Force to coordinate and promote growth and economic development efforts of rural, minority, and economically distressed communities of Georgia.
Referred to the Committee on Rules.

SR 269. By Senators Marable of the 52nd and Dean of the 31st:
A resolution authorizing the conveyance of certain state owned real proper ties located in Bartow County, Georgia.
Referred to the Committee on State Institutions & Property.

TUESDAY, MARCH 7, 1995

1599

SR 274. By Senator McGuire of the 30th:
A resolution creating the Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit.
Referred to the Committee on Rules.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Industry and referred to the Committee on Defense and Veterans Affairs:

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.

Representative Williams of the 83rd arose to a point of personal privilege and addressed the House.

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

By unanimous consent, the following Bill of the Senate was recommitted to the Com mittee 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.

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

HR 78. By Representative Royal of the 164th: A resolution compensating Ms. Sue F. Condrey.

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 Bargeron Y Barnard Y Barnes Bates Y Benefield Birdsong Y Bordeaux

Bostick
Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush E Buck Y Buckner Y Bunn Y Burkhalter Y Byrd

Y Campbell
Y Canty Y Carter
Chambless Y Channel! Y Cbilders Y Coker Y Coleman, B
Coleman, T Y Connell Y Cox Y Crawford

Y Crews
Y Culbreth Y Cummings
Davis, G Y Davis, M
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
Golden Y Goodwin
Greene Y Grindley Y Manner

1600

JOURNAL OF THE HOUSE,

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 Y Lakly
YLane Lawrence
Y Lee 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
Mueller Y O'Neal
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 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 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 E 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 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Hart of the 116th 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.
HR 80. By Representative Parham of the 122nd: A resolution compensating Mr. Alonzo Key.

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 Bargeron Y Barnard Y Barnes Bates Y Benefield Birdsong Y Bordeaux Bos tick Y Breedlove Y Brooks, D Y Brooks, T Brown, G Y Brown, J Y Brush EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter
Chambless

Y Channell 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
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
Golden

Y Goodwin
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 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 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
E Parham 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
Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W

TUESDAY, MARCH 7, 1995

1601

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 E Stanley, P Y Stephenson Y Streat Y Taylor

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

Representative Hart of the 116th 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.

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

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 100 by striking the figure "18,000.00" on line 34 on page 1 and line 6 on page 2 and inserting in lieu thereof the figure "6,000.00".

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:

YAshe Y Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnard Y Barnes Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Y Brush EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channell 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
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
Golden Y Goodwin
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 YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann Y Martin Y McBee YMcCall
McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal
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
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 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 E Stanley, P Y Stephenson
Y Streat Y Taylor
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

1602

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, as amended, the ayes were 150, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Hart of the 116th 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.

HR 102. By Representative Streat of the 167th: A resolution compensating Ms. Carrie Fletcher.

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 Bargeron Y Barnard Y Barnes
Y Benefield Birdsong
Y Bordeaux Bostick
Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush E Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channell 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
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
Golden Y Goodwin
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 YKaye Y Kinnamon Y Klein YLadd YLakly YLane
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
Mueller Y O'Neal
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 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 Y Smith, T Y Smith, V

Y Smith, W
YSmyre Y Snelling
Snow Y Stalling^ Y Stancil, F Y Stancil, S Y Stanley, L E 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 adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Hart of the 116th 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.

HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution compensating Ms. Charlotte Brandenburg.

TUESDAY, MARCH 7, 1995

1603

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 Bargeron Y Barnard Y Barnes Bates Y Benefield Birdsong Y Bordeaux Bostick Y Breedlove Y Brooks, D Y Brooks, T Brown, G Y Brown, J Y Brush EBuck
Y Buckner YBunn Y Burkhalter YByrd
Y Campbell Y Canty Y Carter
Chambless Y Channell 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
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
Golden Y Goodwin
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 YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
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 Mueller Y O'Neal 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 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 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 E Stanley, P Y Stephenson Y Streat Y Taylor
Teague
Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest YTwiggs Y Walker, L Y Walker, R.L YWall 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 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Hart of the 116th 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.

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.

The following amendment was read and adopted:

The Committee on Appropriations moves to amend HR 277 by striking the figure "$16,000.00" on lines 8 and 14 on page 1 and inserting in lieu thereof the figure "$7,500.00".

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:

1604

JOURNAL OF THE HOUSE,

Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Bargeron Y Barnard Y Barnes
Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G
Y Brown, J Y Brush
EBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channell 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
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
Golden
Y Goodwin
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 YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
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 Mueller Y O'Neal 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 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 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 E 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 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 adoption of the Resolution, as amended, the ayes were 150, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Hart of the 116th 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.

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.

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

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

Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush E Buck
Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless

Y 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
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
Golden

Y Goodwin Greene
Y Grindley Y Banner Y Harbin Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes

TUESDAY, MARCH 7, 1995

1605

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

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 E Parham Parrish Y Parsons Y Pelote Y Perry Y Pinholster

Y Polak Porter
Y Postal 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 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 E 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 adoption of the Resolution, the ayes were 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Hart of the 116th 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 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed.

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

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 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 N Brooks, T Y Brown, G Y Brown, J

Y Brush YBuck Y Buckner Y Bunn N Burkhalter
YByrd

Y Campbell N Canty Y Carter Y Chambless Y Channell Y Childers

1606
Y Coker Y Coleman, B Y Coleman, T Y Connell Y Cox Y Crawford N Crews Y Culbreth Y Cummings
Davis, G N Davis, M Y Day N DeLoach, B Y DeLoach, G N Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart Y Epps N Evans E Falls Y Felton N Floyd Y Godbee Y Golden N Goodwin N Greene Y Grindley N Hanner

JOURNAL OF THE HOUSE,

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 N James Y Jamieson Y Jenkins Y Johnson, G N Johnson, J N Johnston N Jones Y Joyce N Kaye
N Kinnamon N Klein N Ladd N Lakly Y Lane N Lawrence Y Lee

Y Lewis N Lifsey Y Lord
Lucas N Maddox N Mann Y Martin
Y McBee Y McCall N McClinton N 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 Y Powell N Purcell, A Y Purcell, B

N Randall N Randolph
Ray Y Reaves Y Reichert N Roberts Y Rogers
Y Royal N Sanders
Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill N Shipp Y Simpson
Sinkfield N Skipper N Smith, C N Smith, C.W Y Smith, L Y Smith, P N Smith, T
Y Smith, V N Smith, W Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F

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

On the adoption of the Resolution, the ayes were 119, nays 49. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Ray of the 128th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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 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.

HR 478. By Representatives Murphy of the 18th and Lee of the 94th:
A resolution commending Mr. John W. Cox, Sr., and inviting him to appear before the House of Representatives.

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

TUESDAY, MARCH 7, 1995

1607

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.

The following Committee substitute was read:

A BILL
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, so as to define and provide for the establishment of residential community develop ment districts; to prescribe the methods by which alcoholic beverages may be lawfully sold within such districts; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding at the end thereof a new Chapter 12 to read as follows:
"CHAPTER 12
3-12-1.
As used in this chapter, the term 'residential community development district' or 'dis trict' means a private residential development that:
(1) Is not less than 500 acres of contiguous land area; (2) Is located either within a county where the sale of alcoholic beverages is autho rized or within a county that has one or more municipalities where the sale of alco holic beverages is authorized, but outside the corporate limits of any municipality; (3) Has at least 200 residential sites, platted and recorded in the probate office of the county as a residential subdivision; (4) Has streets that were or will be built with private funds and are or will be main tained by private funds of the developers or property owners within the development; and (5) Has a social club with:
(A) An 18 hole golf course of regulation size; (B) A restaurant or eatery used exclusively for the purpose of preparing and serving meals, with a seating capacity of at least 60 patrons; (C) A golf or social club membership and has at least 200 paid-up members who have paid a membership fee for family or individual membership; (D) A membership policy whereby membership is not denied or limited by an appli cant's race, color, creed, sex, religion, or national origin; and (E) A full-time management staff for the social activities of the club, including the management of the premises where food and drink are sold.
3-12-2.
(a) The exclusive and uniform method for the establishment of a residential community development district shall be by the filing of the articles of establishment of a commu nity development district with the judge of the probate court of the county in which the district is to be located or, if located in more than one county, of the county in which the largest area of the residential community development district is located. (b) The articles of establishment of a residential community development district shall contain the following:
(1) The written consent to the establishment of the district by the owner or owners of 80 percent of the real property to be included in the district, or documentation

1608

JOURNAL OF THE HOUSE,

demonstrating that the petitioner has control of 80 percent of the real property to be included in the district by deed, trust agreement, contract, or option; (2) A metes and bounds description of the external boundaries of the district, with a specific metes and bounds description of any real property within the boundaries of the district which is to be excluded from the district; (3) A schematic layout of the proposed district with a map of the proposed and exist ing residential subdivisions, streets, and roads in the district and the buildings and grounds to be used in common by members of the club operating in the district, together with a commitment that the owner or owners of the real property located within the district will bear the costs of the construction of such proposed streets and roads and will maintain the same at no expense to the county; (4) The proposed name of the district and the location and the mailing address of the principal office of the district; and (5) A list of at least three persons designated to be the initial members of the board of control of the district who shall serve in that capacity until replaced by elected members; provided, that the members of the board of control shall be elected by the owners of the real estate within the district who may vote in person or by proxy in writing at an annual meeting of the district which date shall be specified in the peti tion. Each landowner within the district shall be entitled to cast one vote per one acre of land owned and located within the district for each person to be elected. A land owner whose parcel of land measures less than one acre shall be entitled to one vote with respect thereto. The selected number of candidates receiving the highest number of votes shall be elected to the board of control for a period of one year, or until his or her successor is duly elected and qualified. (c) The articles of establishment and two copies thereof shall be delivered to the judge of the probate court who shall, upon the payment of the fees prescribed in this Code section: (1) Endorse on the articles and on each of such copies the word 'Filed' and the hour, day, month, and year of the filing thereof; (2) File the articles in his or her office and certify the two copies thereof; and (3) Issue a certificate of establishment to which he or she shall affix one certified copy of the articles of establishment and return such certificate with a certified copy of the articles of establishment affixed thereto to the board of control of the district. (d) Upon the filing of the articles of establishment of the community development dis trict with the judge of the probate court, the district's existence shall begin. (e) In lieu of all other charges and fees, the judge of the probate court shall charge and collect a fee for filing the articles of establishment and issuing a certificate of establish ment not to exceed $100.00 for the county and $35.00 for the judge of the probate court.
3-12-3.
(a) As used in this Code section, the term: (1) 'Member' means any person whose membership application has been approved by the social club, which membership shall not become effective for purposes of purchas ing alcoholic beverages less than five days following both approval and payment of the membership initiation fee.
(2) 'On-premises consumption' means consumption on the property of the social club including the club house, golf course, and other outside recreational facilities of the club. Sales of alcoholic beverages for on-premises consumption shall be made only by authorized charge to a member's account or to a major credit card. There shall be no cash sales of alcoholic beverages. (b)(l) Upon the establishment of a residential community development district as provided in Code Section 3-12-2, each county which encompasses such a district, through proper resolution or ordinance, may authorize the issuance of licenses to sell alcoholic beverages by the drink for consumption on the premises within a community development district. Each such governing authority shall have full power and author ity to adopt all reasonable rules and regulations governing the qualifications and crite ria for the issuance of any such licenses and shall further have the power and

TUESDAY, MARCH 7, 1995

1609

authority to promulgate reasonable rules and regulations governing the conduct of any licensee provided for in this subsection. (2) No resolution or ordinance adopted pursuant to paragraph (1) of this subsection shall become effective until the governing authority of the county submits to the qual ified electors of the voting precinct wherein the residential community development district is located the question of whether the ordinance or resolution shall be approved or rejected. If in the election, a majority of the electors voting on the ques tion vote for approval, the ordinance or resolution shall become effective at such time as is provided for in the resolution or ordinance; otherwise, it shall be of no force and effect. (3) The county governing authority shall establish the date of the election, which shall be not less than 30 days after the call of the election, and shall notify the county elec tion superintendent of its decision as to the date. The election superintendent shall issue the call for the election and shall specify that the election shall be held on the date determined by the county governing authority. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the county. The ballot shall have written or printed thereon the following:
) YES Shall the issuance of licenses to sell distilled spirits by the drink to cer) NO tain residential community development districts be approved?"
Those persons desiring to vote in favor of issuance of the licenses shall vote "Yes" and those persons opposed to issuance of the licenses shall vote "No." If more than onehalf of the votes cast on the question are in favor of issuance of the licenses, then the licenses may be issued in accordance with paragraph (1) of this subsection; otherwise, the licenses may not be issued. The question of the issuance of the licenses may not again be submitted to the voters of the precinct within 24 months immediately follow ing the month in which such election was held. The county election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. He or she shall canvass the returns and declare and certify the result of the election to the Secretary of State and to the commissioner. The expense of any such elections shall be borne by the county wherein the election was held. (c)(l) Upon being licensed by the county governing authority, a residential commu nity development district shall then apply to the commissioner for the appropriate state license and shall be subject to all state licensing requirements. (2) Upon being licensed by the county governing authority and the commissioner, alcoholic beverages may be sold by the social club of the district to members and their guests for on-premises consumption only. (3) The social club shall be licensed to sell alcoholic beverages to its members and their guests pursuant to such regulations as the county governing authority may deem necessary for the proper enforcement of this chapter. (4) The original application for licensure by the county governing authority shall be accompanied by a certificate from the board of control of the district in which the social club is located consenting to and approving the sale of alcoholic beverages at the club."
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 Jenkins of the 110th and Simpson of the 101st move to amend the Com mittee substitute to HB 354 by striking line 25 on page 1 and inserting in lieu thereof the following:

1610

JOURNAL OF THE HOUSE,

"recorded in the office of the clerk of the superior court of the county as a".
By striking lines 18 through 22 on page 2 and inserting in lieu thereof the following:
"community development district with the clerk of the superior court of the county in which the district is to be located or, if located in more than one county, of each of the counties in which the district is located.".
By striking line 27 on page 3 and inserting in lieu thereof the following:
"shall be delivered to the clerk of the superior court who".
By striking lines 41 and 42 on page 3 and inserting in lieu thereof the following:
"the community development district with the clerk of the superior court, the district's existence shall begin.".
By striking lines 1 and 2 on page 4 and inserting in lieu thereof the following:
"(e) In lieu of all other charges and fees, the clerk of the superior court shall charge and collect a fee for".
By striking line 5 on page 4 and inserting in lieu thereof the following:
"county and $35.00 for the clerk of the superior court.".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 20.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

TUESDAY, MARCH 7, 1995

1611

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
Representative Holmes of the 53rd District, Chairman of the Committee on Govern mental Affairs, submitted the following report:
Mr. Speaker: Your Committee on Governmental Affairs has had under consideration the following
Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 133 Do Pass SB 148 Do Pass
Respectfully submitted, /a/ Holmes of the 53rd
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
Senate and has instructed me to report the same back to the House with the following recommendations:
SB 105 Do Pass, by Substitute SB 114 Do Pass, by Substitute SB 243 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman
The following Resolutions of the House were read and adopted:
HR 483. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th: A resolution commending David L. Canaday.
HR 484. By Representative Rogers of the 20th: A resolution commending Dr. Martin Smith and LeTrell Simpson.
HR 485. By Representatives Thomas of the 148th and Pelote of the 149th: A resolution commending Annie Claudia Chappell.
HR 486. By Representatives Thomas of the 148th and Pelote of the 149th: A resolution honoring Mr. Lester Leek White.

1612

JOURNAL OF THE HOUSE,

HR 487. By Representatives Porter of the 143rd, Coleman of the 142nd and Jamieson of the 22nd:
A resolution commending Harold Lawrence.

HR 488. By Representative Crews of the 78th: A resolution commending Sara Elisabeth Crews.

HR 489. By Representatives Bunn of the 74th and O'Neal of the 75th: A resolution commending Ms. Kellie Ann Hornsby.

HR 490. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution congratulating Guy and Flossie Hawkins upon their seventieth wedding anniversary.

HR 491. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution congratulating Pauline Godard on the occasion of her ninetyfifth birthday.

HR 492. By Representatives Brooks of the 54th, Holmes of the 53rd, White of the 161st, Randall of the 127th, McKinney of the 51st and others:
A resolution expressing regret at the passing of Virginia E. "Ginny" Montes.

HR 493. By Representative Mills of the 21st: A resolution commending Miss Beth Abercrombie.

HR 494. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
A resolution congratulating Ms. Georgia Wilson upon her selection as Clayton County's Teacher of the Year for 1994.

HR 495. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
A resolution commending the Transportation Enhancement Activity pro gram.

HR 496. By Representatives Brooks of the 54th and Smyre of the 136th:
A resolution expressing regret at the passing of Mrs. Ollie Ruth Brown Wyatt.

HR 497. By Representatives McCall of the 90th, Powell of the 23rd, Walker of the 141st, Watts of the 26th, Skipper of the 137th and others:
A resolution recognizing Honorable Charles W. Yeargin and urging the State Board of Technical and Adult Education to designate the "Charles W. Yeargin Building".

TUESDAY, MARCH 7, 1995

1613

HR 498. By Representatives James of the 140th, Jenkins of the 110th and Ray of the 128th:
A resolution commending Gary Franklin Hays, Jr.

HR 499. By Representative Purcell of the 147th: A resolution commending Ms. Walton Burns.

HR 500. By Representative Jenkins of the 110th:
A resolution commending the Culloden Highland Games and Scottish Festi val.

HR 502. By Representatives Harbin of the 113th, Brush of the 112th, Williams of the 114th and Bargeron of the 120th:
A resolution recognizing the establishment of the International FoReST Cen ter in Augusta, Georgia.

HR 503. By Representatives Harbin of the 113th, Brush of the 112th, Williams of the 114th and Bargeron of the 120th:
A resolution expressing regret at the passing of Otis L. Hensley, Jr.

HR 504. By Representatives Canty of the 52nd, Ashe of the 46th, Holmes of the 53rd, Barnes of the 33rd, McClinton of the 68th and others:
A resolution commending Mr. Jim Wooten.

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 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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 91, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendment was read and adopted:

Representative Walker of the 141st moves to amend HR 324 as follows: P. 2, line 29, change "eight" to "nine".

1614

JOURNAL OF THE HOUSE,

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 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 EBuck Y Buckner NBunn 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
Davis, G N Davis, M
Day Y DeLoach, B N DeLoach, G
YDix Y Dixon, H
Dixon, S
Y Dobbs N Ehrhart
YEpps Evans
Y Falls Y Felton Y Floyd Y Godbee Y Golden
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 N Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane
Lawrence YLee Y Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton Y 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
Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Reaves
Y Reichert Roberts
Y Rogers Y Royal N 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 N Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L E Stanley, P Y Stephenson
Streat Y Taylor Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmoreland N Whitaker
White Y 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 132, nays 22.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

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".

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 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 E Buck 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
Connell Cox Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
YDay Y DeLoach, B Y DeLoach, G YDix

TUESDAY, MARCH 7, 1995

1615

Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Y Epps Evans
Y Falls Y Felton Y Floyd YGodbee Y Golden
Good win Y 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 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
Lakly YLane
Lawrence YLee Y Lewis
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 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 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
Snelling YSnow
Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L E Stanley, P

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

Representative Snelling of the 99th 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 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 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 Y Brown, G Y Brown, J
Brush

EBuck Buckner
YBunn Y Burkhalter YByrd
Campbell Y 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 Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
Epps Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden Good win

Y Greene Y Grindley
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
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
Lifsey YLord
Lucas Y Maddox

1616

JOURNAL OP THE HOUSE,

YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
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

Sauder
Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
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

Snelling Y Snow
Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L E Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper
Y Thomas Y Tillman Y Titus
Towery Y Trense

Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts
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 149, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Snelling of the 99th 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 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.

The following Committee substitute was read and adopted:

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 specify 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; to provide for applicability to airports owned or operated by certain airport authorities; to provide for returns of such property and the taxation of such property; to provide for inapplicability to certain property; to provide for construction with other statutes; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation in general, is amended by adding after Code Section 48-5-15 a new Code Section 48-5-15.1 to read as follows:
"48-5-15.1. (a) All real property and tangible personal property shall be returned for taxation and subject to taxation as provided in this Code section where such property is located on the premises of an airport and:
(1) Such airport is divided by one or more county lines such that the airport is located in two or more counties; and (2) Such airport is owned or operated by a local airport authority which authority functions on behalf of one of the counties within which the airport is located.

TUESDAY, MARCH 7, 1995

1617

(b) For the purposes of this Code section, an authority shall be considered as function ing on behalf of a county where a majority of the members of the authority are members who meet any of the following descriptions:
(1) An authority member who is also a member of the county governing authority or an official or employee of the county; (2) An authority member appointed by the county governing authority or appointed by an officer of the county; (3) An authority member who is also a member of the governing authority of a city within the county or an official or employee of a city within the county; or (4) An authority member appointed by the governing authority of a city within the county or appointed by an officer of a city within the county. (c) All such real property and tangible personal property located on the premises of an airport as described in subsections (a) and (b) of this Code section shall be returned for taxation to the tax commissioner or tax receiver of the county on behalf of which the airport authority functions. All such real and tangible personal property shall be subject to taxation by only the county on behalf of which the airport authority functions and not by any other county. (d) Nothing in this Code section shall apply with respect to any airport certificated under Title 14, Part 139, of the Code of Federal Regulations or shall apply with respect to the taxation of commercial airliners which shall be subject to Article 12 of this chap ter and other applicable provisions of law. With respect to aircraft which would other wise be subject to the provisions of Code Section 48-5-16, the provisions of this Code section shall control over the provisions of Code Section 48-5-16. Except as specifically provided otherwise in the first sentence of this subsection, this Code section shall con trol over any other conflicting provisions of this chapter; but nothing in this Code sec tion shall be construed as taking away the tax-exempt status of any property which is otherwise exempted by law from ad valorem taxation."
SECTION 2. This Act shall become effective January 1, 1996, and shall apply with respect to tax years beginning on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe 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 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
Falls Y Felton Y Floyd
Y Godbee Y Golden
Goodwin Y Greene Y Grindley
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 YLane
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 Y O'Neal Y Orrock E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak

1618

JOURNAL OF THE HOUSE,

Y Porter Poston
Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray
Y Reaves Y Reichert
Roberts Rogers Y Royal

Y Sanders YSauder
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
Snelling Y Snow Y Stallings
Y Stancil, F Y Stancil, S
Y Stanley, L E 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, by substitute, the ayes were 156, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Snelling of the 99th 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 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.

The following substitute, offered by Representatives Childers of the 13th, Lee of the 94th and Benefield of the 96th, 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 change the definition of a detention facility for purposes of repayment of expenses for medical services to inmates and expenses for medical treatment of inmates; 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 striking paragraph (1) of subsection (a) of Code Section 42-4-50, relating to definitions regarding medical services for inmates, and inserting in its place a new para graph (1) to read as follows:
"(1) 'Detention facility' means a municipal or county jailj workcamp, or other munici pal or county detention facility used for the detention of persons charged with or con victed of either a felony, a misdemeanor, or a municipal offense."
SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Sec tion 42-4-70, relating to definitions regarding deductions from inmate accounts for medical treatment expenses, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Detention facility' means a municipal or county jail,, workcamp. or other munici pal or county detention facility used for the detention of persons charged with or con victed of either a felony, a misdemeanor, or a municipal offense."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

TUESDAY, MARCH 7, 1995

1619

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 Y Bannister Y Barfoot
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 YBunn Y Burkhalter YByrd
Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B
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 Y Godbee Y Golden
Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree
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 Y Klein YLadd Y Lakly YLane
Lawrence YLee 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
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
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 E 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 161, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

The following Committee substitute was read:

A BILL
To amend Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, so as to provide for certain definitions; to provide for the delegation of additional duties and functions to physician's assistants; to provide for con struction of said provisions as they relate to liability; to provide for prescription drug or device order forms; to provide for adequate physician supervision; to provide for rules to be established by the Composite State Board of Medical Examiners; to provide for related matters; to repeal conflicting laws; and for other purposes.

1620

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physician's assistants, is amended by striking Code Section 43-34-102, relating to defini tions, and inserting in its place the following:
"43-34-102.
As used in this article, the term: (1) 'Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (2) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a pre scription device order pursuant to the authority delegated b^ a supervising physician. {2}{3JI 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective appraisal, in a manner pre scribed by the board, of the proposed physician's assistant's qualifications to perform the tasks described in the job description. {3%4^ 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 of this chapter. {4)^5^ 'Physician's assistant' means a skilled person qualified by academic and practi cal training to provide patients' services not necessarily within the physical presence but under the personal direction or supervision of the applying physician."
SECTION 2. Said article is further amended in Code Section 43-34-103, relating to approval of physician's assistants, by adding immediately following subsection (e) thereof the following subsection:
"(e.l)(l) In addition to the authority granted by Code Section 43-34-26.1, a physician's assistant shall be allowed to carry out a prescription drug order or orders for any device as defined in Code Section 26-4-2, any dangerous drug as defined in Code Section 16-13-71, or any Schedule III, IV, or V controlled substance as defined in Code Section 16-13-21 on a prescription drug order or prescription device order form as specified in paragraph (3) of this subsection, pursuant to the authority dele gated by the supervising physician of that physician's assistant. Delegation of such authority shall be contained in the job description required by this Code section. The delegating physician shall remain responsible for the medical acts of the physician's assistant performing such delegated acts and shall adequately supervise the physician's assistant. If an existing job description for a physician's assistant does not contain such authority to carry out a prescription drug or device order as provided by this subsection, that physician's assistant may not issue any such prescription drug or device order until a new job description delegating such authority is submitted to and approved by the board. Nothing in this Code section shall be construed to autho rize the written prescription drug order of a Schedule I or II controlled substance. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescrip tion drug or device order was issued by a physician's assistant duly certified under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician's assistant is an approved pharmaceutical agent, unless the pharma cist has actual or constructive knowledge to the contrary. (3) The physician's assistant shall only be authorized to exercise the rights granted under this subsection using a prescription drug or device order form which includes the name, address, and telephone number of the prescribing supervising physician, the

TUESDAY, MARCH 7, 1995

1621

patient's name and address, the drug or device prescribed, the number of refills, and directions to the patient with regard to the taking and dosage of the drug. Such form shall be signed by the physician's assistant using the following language:
This prescription authorized through: (the prescribing supervising physician) (M.D. or D.O.) by (the physician's assistant) PHYSICIAN'S ASSISTANT. The name of the prescribing supervising physician shall be handwritten in the appro priate space by the physician's assistant on the prescription drug or device order form. Any form containing less information than that described in this paragraph shall not be offered to or accepted by any pharmacist who is duly licensed under Title 26. (4) The physician's assistant shall inform the patient that the patient has the right to see the physician prior to any prescription drug or device order being carried out by the physician's assistant. (5) Unless otherwise restricted by the board or a board approved job description, the physician's assistant shall not carry out a prescription drug or device order for more than a 30 day supply, except in cases of chronic illnesses where a 90 day supply may be ordered. The physician's assistant may authorize refills up to six months from the date of the original prescription drug or device order; provided, however, that refills may be authorized up to 12 months from the date of the original prescription drug or device order for oral contraceptives or other drugs or devices approved by the board. (6) A supervising physician shall personally reevaluate, at least every three months, any patient receiving controlled substances or, at least every six months, any patient receiving other prescription drugs or devices. (7) In addition to the copy of the prescription drug or device order delivered to the patient, a record of such prescription shall be maintained in the physician's office in the following manner: (A) A copy of the prescription drug or device order shall be appended to or other wise maintained in the patient's medical file; and (B) The supervising physician shall countersign the prescription drug or device order copy or medical record entry for each prescription drug or device order within a reasonable time, not to exceed seven working days, unless such countersignature is required sooner by a specific regulation, policy, or requirement. (8) A physician's assistant is not permitted to prescribe drugs and devices except as authorized in the physician's assistant's job description and in accordance with this chapter. (9) The board shall adopt rules establishing: (A) The content and use of prescription drug or device order forms; (B) Procedures to evaluate an application for a job description containing the authority to carry out a prescription drug or device order; (C) A formulary of prescription drugs or devices which may or may not be included in a job description; (D) The maintenance and custody of records for prescription drug or device orders; (E) A minimum of three continuing medical education hours in the practice of spe cific pharmaceuticals in which the physician's assistant has prescriptive order privi leges; and (F) Any other rules the board may deem necessary or appropriate to carry out the intent and purpose of this Code section or to protect the public welfare. (10) Nothing in this Code section is intended to repeal any rules established by the board relating to the requirements and duties of physician's assistants in remote prac tice sites."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendments were read and adopted:
Representative Martin of the 47th moves to amend the Committee substitute to HB 285 as follows:

1622

JOURNAL OF THE HOUSE,

By striking on line 24 of page 4 the following: "and"
And inserting in lieu thereof the following: "or".

Representatives Martin of the 47th and Jenkins of the 110th move to amend the Commit tee substitute to HB 285 as follows:
By striking on line 38 of page 4 the following: "in the practice of
And inserting in lieu thereof the following: "biennially in practice".
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 N Bannister Y Barfoot Y Bargeron Y Barnard N 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 N 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
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 Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley
Hanner N Harbin Y Harris
YHart Y Heard Y Heckstall
Hegstrom N 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 NLadd Y Lakly YLane
Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas 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 Terry Y Pinholster Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts
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 N Smith, V

Y Smith, W Y Smyre Y Snelling YSnow N Stalling* Y Stancil, F Y Stancil, S Y Stanley, L E 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 Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland N Whitaker
White N Wiles Y Williams, B N Williams, J N Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 150, nays 12.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

TUESDAY, MARCH 7, 1995

1623

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.

The following Committee substitute was read:

A BILL
To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pro bation, so as to change the provisions relative to the contracting 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 three members and pro vide for the powers and duties of the County and Municipal Probation Advisory Council; to establish uniform professional standards for private probation officers; to establish uni form contract standards for private probation contracts; to authorize the council to review these standards and issue a report on its findings to the General Assembly; to prohibit cer tain activities by private probation officers; to declare certain records of contracting corpo rations and enterprises to be confidential; to provide for the effective date of initial standards, rules, and regulations of such council; 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 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking in its entirety Article 6, relating to agreements for probation services, and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
42-8-100. (a)(l) The chief judge of any court within the county, with the approval of the gov erning authority of that county, is authorized to enter into memoranda ef agreement ef ether written documents evidencing contracts with corporations, enterprises, or agencies; er te establish a county probation system, to provide general probation supervision counseling, and collection services for all moneys to be paid by a defend ant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, counseling, and other probation services for persons convicted of a mis demeanor in that court and placed on probation in the county. In no case shall a pri vate probation corporation or enterprise be charged with the responsibility for supervising a felony sentence. (2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to pro vide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. (b)(l) The judge of the municipal court of any municipality or consolidated govern ment of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide general

1624

JOURNAL OF THE HOUSE,

probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on proba tion. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing author ity of that municipality or consolidated government, is authorized to establish a pro bation system to provide general probation supervision, counseling, collection services for all moneys to be paid b^ a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.
42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be com posed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge designated by The Council of Municipal Court Judges, one sheriff designated by the Georgia Sheriffs' Association, one probate court judge designated by The Council of Probate Court Judges of Georgia, one chief magis trate designated by the Council of Magistrate Court Judges, the commissioner of correc tions or his or her designee, one representative of the Georgia Probation Association designated by the executive committee of the Georgia Probation Association, one repre sentative of the Georgia Private Probation Association designated by its board of direc tors, and one county commissioner designated by the Association County Commissioners of Georgia. With the exceptions of the representative of the Georgia Probation Associa tion, the designee of the Association County Commissioners of Georgia, the designee of the Georgia Sheriffs' Association, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for probation ser vices and the conduct of business by private entities providing probation services as authorized by this article. (b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and

TUESDAY, MARCH 7, 1995

1625

travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only. The funds necessary to carry out the provisions of this article shall come from funds appropriated to or otherwise available to the council. The council is autho rized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e) The council shall have the following powers and duties:
(1) To promulgate rules and regulations for the administration of the council, includ ing rules of procedure for its internal management and control; (2) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly; (3) To promulgate rules and regulations establishing a 40 hour orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers; (4) To promulgate rules and regulations relative to the enforcement of the provisions of this article, which enforcement mechanisms may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts; (5) To promulgate rules and regulations establishing registration for any private cor poration, enterprise, or agency providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; and (6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts. (f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January l 1996.
42-8-102.
01unicipftiity Qjid county f tills stfttCj with the flpppovftl of the ovemin flutnonty of that municipality e* unified government, is authorized te enter tnte an agreement with a private corporation, enterprise, er agency te provide general probation supervision, fine collection acrvicca, counseling, and other probation services fef persons convicted m sack eeart and placed en probation. (b) The judge ef- the municipal eeart ef any municipality er unified government ef a inunicipfliity emu county of this sttte, witft the ftpppovfti of the governing &uthonty of that municipality er unified government, is authorized te establish a probation system to pfovwte fehCffti pro Dfttion supervision, tine collection services, counselin, And other probation scrvicca fe persons convicted in such court and placed en probation. (a) The uniform professional standards contained in this subsection shall be met by any person employed as or acting in the capacity of a private probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course. Every private probation officer shall receive an initial 40 hours of orientation upon employment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council. (b) The uniform contract standards contained in this Code section shall apply to all pri vate probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum:
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section; (3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council;

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JOURNAL OF THE HOUSE,

(4) Policies and procedures for the training of staff; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including type of contacts with offenders; (7) Procedures for handling the collection of all court ordered fines, fees, and restitu tion; (8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offender's probation may be recom mended; (10) Reporting and record-keeping requirements; and (11) Default and contract termination procedures. (c) The County and Municipal Probation Advisory Council shall review the uniform professional standards and uniform contract standards contained in subsections (a) and (b) of this Code section and shall submit a report on its findings to the General Assem bly. The council shall submit its initial report on or before July 1^ 1997, and shall con tinue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the Gen eral Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum pro fessional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report.
42-8-103. (a) Any private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article shall provide to the judge with whom the con tract was made and the County and Municipal Probation Advisory Council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency; the amount of fines, statutory surcharges, and restitution col lected; and the number of offenders for whom supervision or rehabilitation has been ter minated and the reason for the termination. (b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, or court or the Depart ment of Audits and Accounts.
42-8-104. (a) No private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article nor its employees shall have personal or busi ness dealings, including the loaning of money, with probationers under their supervision.
42-8-105. All state and local departments, agencies, boards, bureaus, commissions, committees, pri vate corporations, nonprofit corporations, and enterprises shall cooperate in the provi sion of service under this article.
42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provi sions of this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particu lar case, or the Department of Audits and Accounts. (b) In the event of a transfer of the supervision of a probationer from a private corpora tion, enterprise, or agency to the Department of Corrections, the Department of Correc tions shall have access to any relevant reports, files, records, and papers of the

TUESDAY, MARCH 7, 1995

1627

transferring private entity. All reports, files, records, and papers of whatever kind rela tive to the supervision of probationers by private corporations, enterprises, or agencies under contracts authorized by this article shall not be subject to process of subpoena.
42-8-107. (a) All private corporations, enterprises, and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council. The information included in such registration shall be limited to the name of the corporation, enterprise, or agency, its principal business address and telephone num ber, and the name of its agent for communication with the County and Municipal Pro bation Advisory Council. No registration fee shall be required. (b) Any corporation, enterprise, or agency required to register under the provisions of subsection (a) of this Code section who fails or refuses to do so shall be subject to revo cation of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council."
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 Jenkins of the 110th and Dobbs of the 92nd move to amend the Commit tee substitute to HB 435 by striking from line 6 of page 1 the word "three" and inserting in lieu thereof the word "four".
By adding on line 21 of page 3 between the comma and the word "and" the following:
"one mayor or member of a municipal governing authority designated by the Georgia Municipal Association,".
By adding on line 26 of page 3 between the comma and the word "and" the following:
"the designee of the Georgia Municipal Association,".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 115, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The following amendment was read:

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JOURNAL OF THE HOUSE,

Representatives Brown of the 117th and Davis of the 60th move to amend HB 365 as fol lows:
Delete the word "eligible" on line 18 Delete "eligible" on line 19.
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

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

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

E Parham N Parrish
Y Parsons Y Pelote N Perry N Pinholster N Polak
Porter Y Poston N Powell N Purcell, A N Purcell, B N Randall Y Randolph NRay N Reaves N Reichert Y Roberts N Rogers N Royal Y Sanders Y Sauder N 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 Y Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 69, nays 98. The amendment was lost.

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

The following amendment was read:

Representative Kaye of the 37th, et al. move to amend HB 365 by adding on line 5 on page 1 immediately following the word "schools" the following:
"and in home study programs;".
By striking lines 19 and 20 on page 1 and inserting in lieu thereof the following:
"high school studentj eligible public high school student, and eligible home study pro gram student who successfully completes an approved advanced".

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 N Bates

N Benefield N Birdsong N Bordeaux

N Bostick Y Breedlove
Brooks, D

TUESDAY, MARCH 7, 1995

1629

N Brooks, T Y Brown, G Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty N Carter N Chambless
N Channell Y Childers Y Coker
Y Coleman, B N Coleman, T
Connell
YCox Y Crawford Y Crews N Culbreth Y 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 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
Holland N Holmes
Howard N Hudson N Hugley Y Irvin N James N Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnslon Y Jones

Y Joyce
YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence
NLee Y Lewis Y Lifsey N Lord
Lucas Y Maddox YMann
N Martin N McBee N McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller Y O'Neal N Orrock E Parham N Parrish Y Parsons
Pelote Y Perry Y Pinholster

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

On the adoption of the amendment, the ayes were 87, nays 80. The amendment was adopted.

YSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L E Stanley, P Y Stephenson Y Streat
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
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

Representative Skipper of the 137th moved that the House reconsider its action in adopting the Kaye amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman, T Connell
NCox N 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 N Golden
N Goodwin Y Greene N Grindley Y Hanner N Harbin N Harris YHart Y Heard

N Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes N Howard Y Hudson Y Hugley N 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 N Lane
Lawrence NLee N Lewis N Lifsey
Lord Lucas N Maddox NMann

Y Martin Y McBee Y McCall
McClinton N McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
Y Orrock E Parham Y Parrish
N Parsons Y Pelote N Perry N Pinholster N Polak Y Porter N Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves N Reichert N Roberts N Rogers N Royal

N Sanders N Sauder Y Scoggins N Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L N Smith, P N Smith, T N Smith, V N Smith, W Y Smyre
N Snelling NSnow Y Stallings Y Stancil, F
N Stancil, S Y Stanley, L E Stanley, P N Stephenson N Streat Y Taylor Y Teague Y Teper Y Thomas N Tillman

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JOURNAL OF THE HOUSE,

N Titus N Towery N Trense
Turnquest

Y Twiggs Y Walker, L N Walker, R.L N Wall

Y Watson Y 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 73, nays 96. The motion was lost.

The following amendment was read:

The Committee on Education moves to amend HB 365 by adding on line 5 on page 1 immediately following the word "in" the word "accredited".
By adding on line 18 on page 1 immediately following the word "eligible" the word "accredited".

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

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

Crews
Y Culbreth Y Cummings
Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix 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
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 NKaye Y Kinnamon N Klein YLadd N Lakly YLane
Lawrence YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox
YMann Y Martin
McBee Y McCall N McClinton Y McKinney N Mills Y 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 Y Porter Y Poston Y Powell
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 Y Smith, V

On the adoption of the amendment, the ayes were 148, nays 13. The amendment was adopted.

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

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

TUESDAY, MARCH 7, 1995

1631

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 N Brown, G
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
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 Y Greene Y Grindley Y Hanner Y Harbin Y Harris NHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

N 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 N McClinton Y McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal N Orrock

E Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell
Y Purcell, A N Purcell, B Y Randall Y Randolph YRay Y Reaves N 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 N Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L E Stanley, P Y Stephenson Y Streat N Taylor N Teague YTeper Y 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 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 160, nays 12.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to gen eral provisions regarding public officers, so as to provide for termination requirements for certain state or local employees; 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 45 of the Official Code of Georgia Annotated, relating to general provi sions regarding public officers, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-5, to read as follows:
"45-1-5.

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JOURNAL OF THE HOUSE,

In any case where an employee of the state or of a county, municipality, or school dis trict is terminated and, as a condition of a termination settlement, the personnel file of the employee is to be partially or totally purged, such file shall be designated clearly with a notation that such file has been purged as a condition of a termination settlement agreement. Such notation shall be disclosed to any subsequent governmental entity seek ing to hire such person which makes an inquiry regarding the personnel history of such terminated employee."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Stancil of the 16th and Walker of the 141st, was read and adopted:

A BILL
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to gen eral provisions regarding public officers, so as to provide for records and disclosure requirements for certain terminated state or local employees; 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 45 of the Official Code of Georgia Annotated, relating to general provi sions regarding public officers, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-1-5, to read as follows:
"45-1-5. When an employee of the state or of a county, municipality, or school district is termi nated and, as a condition of a settlement agreement, the personnel file of the employee is to be partially or totally purged, the former employee's personnel records, including both the personnel file and any associated work history records, shall be clearly desig nated with a notation that such records have been purged as a condition of a settlement agreement. Such notation shall be disclosed to any subsequent governmental entity seek ing information as to a former employee's work history for the sole purpose of making a hiring decision."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 106, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

TUESDAY, MARCH 7, 1995

1633

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.
The following Committee substitute was read and adopted:
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 provide that landlords shall be required to give a prospective residential tenant written notice of any previous flooding of such property in certain circumstances; to provide for tort liability for failure to provide notice; to provide for a definition and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant in general, is amended by adding at the end thereof a new Code Sec tion 44-7-20 to read as follows:
"44-7-20.
When the owner of real property, either directly or through an agent, seeks to lease or rent that property for residential occupancy, prior to entering a written agreement for the leasehold of that property, the owner shall, either directly or through an agent, notify the prospective tenant in writing of the property's propensity of flooding if flood ing has damaged any portion of the living space of the leased premises or attachments thereto at least three times during the five-year period immediately preceding the date of the lease. An owner failing to give such notice shall be liable in tort to the tenant and the tenant's family residing on the leased premises for damages to the personal property of the lessee or a resident relative of the lessee which is proximately caused by flooding which occurs during the term of the lease. For purposes of this Code section, flooding is defined as the innundation of a portion of the living space covered by the lease which was caused by an increased water level in an established water source such as a river, stream, or drainage ditch or as a ponding of water at or near the point where heavy or excessive rain fell. This Code section shall apply only to leaseholds entered into 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 ayes were 105, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
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.

1634

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

The Committee on Special Judiciary moves to amend HB 308 by striking lines 4 and 5 of page 1 and inserting in lieu thereof the following:
"enhanced criminal penalties for the use of machine guns, sawed-off rifles, sawed-off shotguns,".
By striking from line 20 of page 1 the following:
"dangerous weapon,".
By striking "prorated" and inserting in lieu thereof "probated" on line 34 of page 2.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.
On the passage of the Bill, as amended, the ayes were 102, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following substitute, offered by Representative Chambless of the 163rd, et al., was read:

A BILL
To provide for the creation of new superior court judgeships for certain judicial circuits; to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to num bers of superior court judgeships for each judicial circuit, so as to change the number of judgeships for certain circuits; to provide for the initial appointment and subsequent elec tions of judges to serve in such new judgeships; to provide for the powers, duties, jurisdic tion, privileges, immunities, and compensation of such judges; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts in general, is amended by striking Code Section 15-6-2, relating to numbers of judges for each circuit, and inserting in its place a new Code section to read as follows:
"15-6-2. The number of judges for each of the superior courts for each of the judicial circuits shall be as follows:
(1) Alapaha Circuit............................................................................................................. 2 (2) Alcovy Circuit............................................................................................................ 8 3 (2.1) Appalachian Circuit.................................................................................................. 2 (3) Atlanta Circuit............................................................................................................ 15 (4) Atlantic Circuit............................................................................................................. 4 (5) Augusta Circuit.......................................................................................................... 6 7 (6) Blue Ridge Circuit........................................................................................................ 3

TUESDAY, MARCH 7, 1995

1635

(7) Brunswick Circuit......................................................................................................... 4 (8) Chattahoochee Circuit................................................................................................. 5 (9) Cherokee Circuit........................................................................................................... 3 (10) Clayton Circuit............................................................................................................ 4 (11) Cobb Circuit............................................................................................................. 78 (12) Conasauga Circuit................................................................................................... 3 4 (13) Cordele Circuit............................................................................................................ 2 (14) Coweta Circuit......................................................................................................... 45 (15) Dougherty Circuit....................................................................................................... 3 (15.1) Douglas Circuit........................................................................................................ 2 (16) Dublin Circuit............................................................................................................. 2 (17) Eastern Circuit............................................................................................................ 6 (17.1) Enotah Circuit.......................................................................................................... 2 (18) Flint Circuit................................................................................................................. 3 (19) Griffin Circuit............................................................................................................. 4 (20) Gwinnett Circuit......................................................................................................... 6 (21) Houston Circuit.......................................................................................................... 2 (22) Lookout Mountain Circuit........................................................................................ 4 (23) Macon Circuit.......................................................................................................... 45 (24) Middle Circuit............................................................................................................. 2 (25) Mountain Circuit........................................................................................................ 2 (26) Northeastern Circuit.................................................................................................. 3 (27) Northern Circuit...................................................................................................... 33 (28) Ocmulgee Circuit........................................................................................................ 4 (29) Oconee Circuit............................................................................................................. 2 (30) Ogeechee Circuit...................................................................................................... 33 (31) Pataula Circuit............................................................................................................ 2 (32) Piedmont Circuit..................................................................................................... 23 (32.1) Rockdale Circuit...................................................................................................... 2 (33) Rome Circuit............................................................................................................... 3 (34) South Georgia Circuit................................................................................................ 2 (35) Southern Circuit......................................................................................................... 4 (36) Southwestern Circuit................................................................................................. 2 (37) Stone Mountain Circuit............................................................................................. 9 (38) Tallapoosa Circuit...................................................................................................... 3 (39) Tifton Circuit.............................................................................................................. 2 (40) Toombs Circuit........................................................................................................... 2 (41) Waycross Circuit......................................................................................................... 3 (42) Western Circuit..................................................................................................... 3 3"
SECTION 2. Each additional judge appointed pursuant to this Act shall be appointed for a term of office beginning upon the first day of the month following the appointment and continuing through December 31, 1996, and until a successor is duly elected and qualified. All subse quent successors to such judges shall be elected at the general election next preceding the expiration of each term of office and shall serve for terms of office of four years beginning January 1 next following their election, and until their successors are elected and qualified.
SECTION 3. Each additional judge provided for in this Act shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judge or judges of his or her circuit. Any judge of any circuit affected by this Act may preside over any cause and perform any official act as judge thereof.
SECTION 4. The qualifications of each additional judge provided for in this Act shall be as provided by law for the present judge or judges of his or her circuit. Each additional judge provided for in this Act shall receive the same compensation, salary, and expense allowance from

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JOURNAL OF THE HOUSE,

the State of Georgia and from the counties of his or her circuit as the present judge or judges of the circuit. Any provisions heretofore enacted for salary supplementation by the counties of any such circuit shall apply equally to the additional judge provided for such circuit by this Act.
SECTION 5. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of any circuit affected by this Act may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit, it being the intent and purpose of this Act to provide additional judges coequal in jurisdic tion and authority with the present judge or judges of their circuits. Nothing in this Act shall limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Lakly of the 105th and Westmoreland of the 104th move to amend the Floor substitute to HB 236 as follows:
Page 2 line 8 delete the number "4" insert the number "5".

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 N 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 N Campbell N Canty N Carter N Chambless N Channell N Childers
N Coker Y Coleman, B N Coleman, T N Connell
NCox Y Crawford

Y Crews N Culbreth N Cummings
Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix
Dixon, H N Dixon, S N Dobbs N Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee
Golden Y Goodwin N Greene N Grindley N Manner 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 N Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon N Klein NLadd Y Lakly N Lane N Lawrence NLee N Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin N McBee N McCall
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
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
Royal
Y Sanders Y Sauder N Scoggins N Shanahan NShaw 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

On the adoption of the amendment, the ayes were 34, nays 127.

N Smith, W N Smyre N Snelling N Snow
Stallings N Stancil, F
Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague N Teper N Thomas N TiHman N Titus Y Towery
Trense N Turnquest N Twiggs
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
Woods Y Yates
Murphy, Spkr

TUESDAY, MARCH 7, 1995

1637

The amendment was lost.

The following amendment was read:

Representatives Lifsey of the 6th and Mann of the 5th move to amend the Floor substi tute to HB 236 by striking line 6 of page 1 and inserting in lieu thereof the following:
"certain circuits; to provide for the initial election and".
By adding following the word and symbol "judges;" on line 9 of page 1 the following:
"to provide an effective date;".
By striking lines 34 through 37 of page 2 and inserting in lieu thereof the following:
"Each additional judge provided for in this Act shall initially be elected at a special elec tion to be called for and held in 1995 or thereafter at the earliest date permissible under Code Section 21-2-540 of the O.C.G.A. and in compliance with the federal Voting Rights Act of 1965, as amended. The additional judges provided for in this Act shall be elected to an initial term beginning immediately thereafter and ending on December 31, 1998, and until a successor is".
By redesignating current Section 6 as Section 7.
By inserting between lines 32 and 33 of page 3 the following:
"SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.".

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 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
N Canty N Carter N Chambless N Channell N Childers
N Coker Y Coleman, B N Coleman, T

N Connell NCox
Y Crawford Y Crews N Culbreth N 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 N Godbee N Golden Y Goodwin
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 Y Johnson, J Y Johnston N Jones
Y Joyce YKaye N Kinnamon
Y Klein YLadd Y Lakly NLane Y Lawrence NLee
Lewis Y Lifsey NLord
Lucas Y Maddox YMann N Martin
N McBee N McCall

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
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
Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs

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JOURNAL OF THE HOUSE,

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 N Williams, R

On the adoption of the amendment, the ayes were 60, nays 107. The amendment was lost.

Woods Y Yates
Murphy, Spkr

The following amendment was read:
Representatives Lifsey of the 6th and Mann of the 5th move to amend the Floor substi tute to HB 236 by striking lines 7 and 8 of page 1 and inserting in lieu thereof the follow ing:
"subsequent elections of certain new judges to serve in certain circuits; to provide for the initial election and subsequent election of a new judge for the Conasauga Circuit; to provide for the powers, duties, jurisdiction".
By adding following the word and symbol "judges;" on line 9 of page 1 the following:
"to provide an effective date;".
By striking line 34 of page 2 and inserting in lieu thereof the following:
"Each additional judge provided for in this Act shall".
By striking lines 38 and 39 of page 2 and inserting in lieu thereof the following:
"elected and qualified; provided, however, that the additional judge for the Conasauga Circuit provided for in this Act shall be elected at a special election to be called for and held in 1995 or thereafter at the earliest date permissible under Code Section 21-2-540 of the O.C.G.A. and in compliance with the federal Voting Rights Act of 1965, as amended, for an initial term beginning immediately thereafter and ending on December 31, 1998, and until a successor is elected and qualified. All subsequent successors to all additional judges provided for in this Act shall be elected at the general election next".
By redesignating current Section 6 as Section 7.
By inserting between lines 32 and 33 of page 3 the following:
"SECTION 6.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."

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 Bari'oot
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
N Buck N Buckner Y Bunn Y Burkhalter N Byrd Y Campbell N Canty N Carter N Chambless
N Channell N Childers N Coker Y Coleman, B N Coleman, T N Connell

N Cox
Y Crawford
Y Crews N Culbreth N Cummings
Davis, G Y Davis, M Y Day
DeLoach, B Y 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
Greene Y 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 Y Johnson, G Y Johnson, J
Y Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein

TUESDAY, MARCH 7, 1995

1639

YLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord
Lucas Y Maddox Y Mann N Martin N McBee N McCall
McClinton N McKinney Y Mills
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 N Sauder N Scoggins N Shanahan NShaw 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 Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague N Teper N Thomas N Tillman 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
Williams, R Woods Y Yates Murphy, Spkr

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

The Floor substitute was adopted.

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

Y Ashe 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 Y Bunn Y Burkhalter YByrd Y Campbell N 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
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 YGodbee 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
N 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 NLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin Y McBee Y McCall N 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
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
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 N Stanley, L N Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague Y Teper
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 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 159, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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JOURNAL OF THE HOUSE,

Due to a mechanical malfunction, the vote of Representative Lane of the 146th was recorded incorrectly on the preceding roll call. He wished to be recorded as voting "aye" thereon.
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.

The following Committee substitute was read and adopted:

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 by county governing authorities, so as to provide for the exclusion of members of a county governing authority, during the term for which elected, from the provision of certain retirement or pension ben efits established and funded during such term; 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 of the Official Code of Georgia Annotated, relating to the expendi ture of funds for insurance and employment benefits by county governing authorities, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-1-11.1 to read as follows:
"36-1-11.1. (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 county officers and the personnel thereof, as well as the depen dents and beneficiaries of such officials and personnel; provided, however, that during the term for which elected, no member of a county governing authority shall be vested in the provision of any retirement or pension benefits authorized by this subsection which are established and funded during such term. (b) Any prior expenditure of county funds in the manner authorized by this Code sec tion is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by 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
Bordeaux

Y Bostick Y Breedlove Y Brooks. D

TUESDAY, MARCH 7, 1995

1641

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
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
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
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
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
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
Y Smyre Y Smelling

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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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
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
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
Greene Y Grindley
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 Y Irvin Y 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
Lucas Y Maddox YMann 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 E Parham Y Parrish

1642

JOURNAL OF THE HOUSE,

Y Parsons
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 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
Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L

Y Stanley, P
Y Stephenson Y Street Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus
Y Towery
Y Trense
Y Turnquest Y Twiggs
Walker, L

Y 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 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.

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".

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 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 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
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 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 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
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
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

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 Y Turnquest Y Twiggs Y Walker, L Y 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 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

TUESDAY, MARCH 7, 1995

1643

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.

The following Committee substitute was read:

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 services through such networks; to contract with the Department of Medical Assistance for the delivery of health care services in an efficient and cost-effective manner; to undertake other managed health care activities on a prepaid, capitation, or other reimbursement basis; to provide for limitations to such powers; to pro vide 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 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking paragraphs (25) and (26) of Code Section 31-7-75, relating to functions and powers of hospital authorities, and inserting in lieu thereof new paragraphs (25), (26), and (27) to read as follows:
"(25) To provide financial assistance to individuals for the purpose of obtaining edu cational training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be employed by such authority upon completion of such educational training; and to provide services and financial assistance to private net for profit notfor-profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such authority, for any purpose related to the provision of health or medical services or related social services to citizens; and (26) To exercise the same powers granted to joint authorities in subsection (f) of Code Section 31-7-727J and (27) To form and operate, either directly or indirectly, one or more networks of hospi tals, physicians, and other health care providers and to arrange for the provision of health care services through such networks; to contract, either directly or through such networks, with the Department of Medical Assistance to provide services to Medicaid beneficiaries to provide health care services in an efficient and cost-effective manner on a prepaid, capitation, or other reimbursement basis; and to undertake other man aged health care activities; provided, however, that for purposes of this paragraph only and notwithstanding the provisions of Code Section 33-3-3, as now or hereafter amended, a hospital authority shall be permitted to and shall comply with the requirements of Chapter 21 of Title 33 to the extent that such requirements apply to the activities undertaken by the hospital authority pursuant to this paragraph."
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.

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Pursuant to Rule 134, Representative Towery of the 30th was excused from voting on HB 765.

The following amendment was read and adopted:

Representatives Klein of the 39th, Martin of the 47th and Irvin of the 45th move to amend the Committee substitute to HB 765 as follows:
By adding after the period on L. 21, P. 2 the following:
"No hospital authority, whether or not it exercises the powers authorized by this para graph, shall be relieved of compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of public records."

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 133, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The following Committee substitute was read and adopted:

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, lodg ings, and accommodations, so as to provide additional authorization with certain condi tions for certain counties and municipalities to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 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, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (1) and (2) to read as follows:
"(a)(l) The governing authority of each municipality in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodg ings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the municipality for operating a hotel,

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motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodg ings, or accommodations are regularly furnished for value. Within the territorial limits of the special district located within the county, each county in this state may levy and collect an excise tax upon the furnishing for value to the public of any room or rooms, lodgings, or accommodations furnished by any person or legal entity licensed by, or required to pay business or occupation taxes to, the county for operating within the special district a hotel, motel, inn, lodge, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished for value. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations furnished for a period of more than ten con secutive days or for use as meeting rooms. No tax shall be levied as provided in this Code section upon the fees or charges for any rooms, lodgings, or accommodations fur nished for a period of one or more days for use by Georgia state or local government officials or employees when traveling on official business. Except as provided in para graphs (3), (3.1), (3.2), (4), (4.1), (5), and (5.1) of this subsection, no tax levied pursu ant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings.
(2) A county or municipality levying a tax as provided in paragraph (1) of this subsec tion shall in each fiscal year beginning on or after July 1, 1987, expend for the pur pose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or con tracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as autho rized under paragraphs (3), (3.1), (3.2), (4), (4.1), (5), and (5.1) of this subsection; and in such case the expenditure requirements of such paragraph of this subsection pursu ant to which such tax is levied shall apply instead."
SECTION 2.
Said article is further amended by adding a new paragraph immediately following para graph (3.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.2), to read as follows:
"(3.2) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is sub stantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and is substantially funded by a state grant or grants authorized on or before January 1, 1996, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.2)) an amount equal to 33 Vs percent of the total taxes collected at the rate of 6 percent for the purpose of promot ing tourism, conventions, and trade shows under a contract with a private sector non profit organization as defined in subparagraph (A) of paragraph (8) of this subsection. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year dur ing which the tax is collected under this paragraph (3.2)) an amount equal to 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating trade and convention facilities. Marketing and operating expenditures may include a preopening marketing program for such a facility and an
escrow account accrued prior to opening such facility to cover operating expenses to

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be incurred after the opening of such a facility. In the event such facility is not con structed, collected funds may be used for any lawful purpose relating to tourism by the county or municipality levying a tax pursuant to this paragraph."
SECTION 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows:
"(6) At no time shall a county or municipality levy a tax under more than one para graph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (4.1), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to paragraph (3.1), (3.2), (4.1), (5), or (5.1) of this subsection shall be authorized to levy a tax in the manner and at the rate authorized by either paragraph (1), paragraph (3), or paragraph (4) of this subsection but shall not thereafter be authorized to again levy a tax under paragraph (3.1), (3.2), (4.1), (5), or (5.1) of this subsection."
SECTION 4. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows:
"(9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (4), (4.1), (5), or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is imposed on or after July 1, 1990) and prior to each fiscal year thereafter in which the tax is imposed adopt a budget plan specifying how the expenditure requirements of this Code section will be met. Prior to the adoption of such budget plan, the county or municipality shall obtain from the authorized entity with which it proposes to contract to meet the expenditure requirements of this Code section a budget for expenditures to be made by such organization; and such budget shall be made a part of the county or municipal budget plan. (B) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (3), (3.1), (3.2), (4), (4.1), (5), or (5.1) of this subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall be determined by: (i) calculating the amount of funds expended or contractually committed for expenditure as provided in paragraph (2), (3), (3.1), (3.2), (4), (4.1), (5), or (5.1) of this subsection, whichever is applicable, during the fiscal year; and (ii) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or munici pality contractually expending funds to meet the expenditure requirements of para graph (2), (3), (3.1), (3.2). (4), (4.1), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes col lected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (4), (4.1), (5), or (5.1) of this subsection."
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.

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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
Chambless Y 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
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 YLadd Y Lakly Y Lane
Y Lawrence
YLee Y Lewis Y Lifsey YLord
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

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 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 Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, the ayes were 173, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 388. By Representative Holland of the 157th:
A resolution authorizing the conveyance of certain state owned real property located in Worth 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 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
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 Y Henson Y Holland Y Holmes

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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 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
Reichert Roberts Y Rogers Y Royal
Y Sanders Y Sauder
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
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
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 adoption of the Resolution, the ayes were 164, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following Committee substitute was read:

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 definition of activities which consti tute a lottery; to authorize certain raffles; to provide for legislative intent; to provide for definitions; to require licenses; to provide for license procedures, fees, and renewal; to pro vide for revocation; to provide for access to premises by law enforcement agencies; to pro vide for certificate of tax-exempt status; to provide for special limited licenses; to provide for certain ownership restrictions regarding certain premises; to provide for age restric tions; to provide for annual reports; to provide for regulations and requirements with respect to the conducting or operating of raffles; to provide for authority of sheriffs with respect to the foregoing; to provide for criminal penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, is amended by striking paragraph (4) of Code Section 16-12-20, relat ing to definitions regarding gambling, and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distrib uted by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a^

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(A) Promotional promotional giveaway or contest which conforms with the qualifi cations of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393] - A lottery shall net mean a scheme (B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:
{A)(i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and {B)(ii) No person to be eligible to receive such prize shall be required to: {t)(I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; {)(II) Purchase any goods, wares, merchandise, or anything of value from such business; or {mMIII) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or (C) Raffle authorized under Code Section 16-12-22.1."
SECTION 2. Said part is further amended by adding a new Code section immediately following Code Section 16-12-22, to be designated Code Section 16-12-22.1, to read as follows:
"16-12-22.1.
(a) It is the intention of the General Assembly that only nonprofit, tax-exempt churches, schools, civic organizations, or related support groups or nonprofit organiza tions qualified under Section 501(c)(3) of the Internal Revenue Code, as amended, which are properly licensed pursuant to this Code section shall be allowed to operate raffles. (b) As used in this Code section, the term:
(1) 'Nonprofit, tax-exempt organization' means churches, schools, civic organizations, or related support groups or nonprofit organizations qualified under Section 501(c)(3) of the Internal Revenue Code, as amended. (2) 'Operate,' 'operated,' or 'operating' means the direction, supervision, management, operation, control, or guidance of activity. (3) 'Raffle' means any scheme or procedure whereby one or more prizes are distrib uted by chance among persons who have paid or promised consideration for a chance to win such prize. Such term shall also include door prizes which are awarded to per sons attending meetings or activities provided that the cost of admission to such meet ings or activities does not exceed the usual cost of similar activities where such prizes are not awarded. (4) 'Sheriff means the sheriff of the county in which the nonprofit tax-exempt organi zation is located. (c) Any other law to the contrary notwithstanding, no nonprofit, tax-exempt organiza tion shall be permitted to operate a raffle until the sheriff issues a license to the organi zation authorizing it to do so. The license described in this subsection is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no raffle shall be operated until such time as all requisite licenses have been obtained. (d)(l) Any nonprofit, tax-exempt organization desiring to obtain a license to operate raffles shall make application to the sheriff on forms prescribed by the sheriff and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-ex empt organization unless the organization has been in existence for 24 months imme diately prior to the issuance of the license. The license will expire at 12:00 Midnight on December 31 following the granting of the license. Renewal applications for each calendar year shall be filed with the sheriff prior to January 1 of each year and shall be on a form prescribed by the sheriff. (2) Each application for a license and each application for renewal of a license shall contain the following information:

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(A) The name and home address of the applicant and, if the applicant is a corpora tion, association, or other similar legal entity, the names and home addresses of each of the officers of the organization as well as the names and addresses of the direc tors, or other persons similarly situated, of the organization; (B) The names and home addresses of each of the persons who will be operating, advertising, or promoting the raffle; (C) The names and home addresses of any persons, organizations, or other legal entities that will act as surety for the applicant or to which the applicant is finan cially indebted or to which any financial obligation is owed by the applicant; (D) A determination letter from the Internal Revenue Service certifying that the applicant is an organization exempt under federal tax law; (E) A determination letter from the Georgia Department of Revenue certifying that the applicant is exempt under the tax laws of this state; (P) The location at which the applicant will conduct the raffles and, if the premises on which the raffles are to be conducted is to be leased, a copy of the lease or rental agreement; and (G) A statement showing the convictions, if any, for criminal offenses other than minor traffic offenses of each of the persons listed in subparagraphs (A), (B), and (C) of this paragraph. (3) The sheriff shall refuse to grant a raffle license to any applicant who fails to pro vide fully the information required by this Code section. (4) When a nonprofit, tax-exempt organization which operates or intends to operate
raffles for residents and patients of a retirement home, nursing home, or hospital operated by that organization at which gross receipts are or will be limited to $100.00 or less during each raffle and pays or will pay prizes having a value of $100.00 or less
during each raffle, then, notwithstanding any other provision of this Code section or any rule or regulation promulgated by the sheriff pursuant to the provisions of subsec tion (1) of this Code section, neither the applicant nor any of the persons whose names
and addresses are required under subparagraphs (A) and (B) of paragraph (1) of this subsection shall be required to submit or provide fingerprints or photographs as a con
dition of being granted a license. (e)(l) The sheriff shall have the specific authority to suspend or revoke any license for any violation of this Code section. Any licensee accused of violating any provision of this Code section shall be entitled, unless waived, to a hearing on the matter of the
alleged violation conducted in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' (2) By making application for a license under this Code section, every applicant con
sents that the sheriff, as well as any of his agents, together with any prosecuting attor ney, as well as any of his agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a raffle for the purpose of examining
the accounts and records of the licensee to determine if a violation of this Code sec
tion has occurred. (f) The sheriff shall, upon the request of any prosecuting attorney or such prosecuting attorney's designee, certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The sheriff shall also upon request issue a certificate indicating whether any particular organization
holds a currently valid license to operate a raffle. Such certificates properly executed shall be admissible in evidence in any prosecution, and Code Section 48-7-60, relative to the disclosure of income tax information, shall not apply to the furnishing of such
certificate. (g) Notwithstanding the other provisions of this Code section, the sheriff, upon receiving written application therefor, shall be authorized to issue a special limited license to a
nonprofit, tax-exempt organization which will allow it to operate one raffle during the period from January through June and one raffle during the period from July through December of each year. Each such single raffle shall be conducted in its entirety during a period not to exceed 30 days. In such cases, the sheriff shall waive the license fee pro
vided for in subsection (d) of this Code section and the annual report provided for in subsection (j) of this Code section.

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(h) Raffles shall be operated only on premises owned by the nonprofit, tax-exempt orga nization operating the raffle, on property leased by the nonprofit, tax-exempt organiza tion and used regularly by that organization for purposes other than the operation of a raffle, or on property leased by the nonprofit, tax-exempt organization operating the raffle from another nonprofit, tax-exempt organization.
(i) No person under the age of 18 years shall be permitted to play any raffle conducted pursuant to any license issued under this Code section unless accompanied by an adult,
(j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expendi tures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection.
(k)(l) A licensee that conducts or operates a raffle shall maintain the following records for at least three years from the date on which the raffle is conducted:
(A) An itemized list of the gross receipts for each raffle; (B) An itemized list of all expenses other than prizes that are incurred in the con ducting of the raffle as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses;
(C) A list of all prizes awarded during the raffle and the name and address of all persons who are winners of prizes of $50.00 or more in value; (D) An itemized list of the recipients other than the licensee of the proceeds of the
raffle, including the name and address of each recipient to whom such funds are distributed; and (E) A record of the number of persons who participate in any raffle conducted by
the licensee. (2) A licensee shall:
(A) Own all the equipment used to conduct a raffle or lease such equipment from an organization that is also licensed to conduct a raffle;
(B) Display its raffle license conspicuously at the location where the raffle is con ducted;
(C) Conduct raffles only at the single location specified in the licensee's application; and (D) Not conduct more than one raffle during any one calendar day. (3) No nonprofit, tax-exempt organization shall enter into any contract with any indi
vidual, firm, association, or corporation to have such individual, firm, association, or corporation operate raffles or concessions on behalf of the nonprofit, tax-exempt orga nization.
(4) A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or advertising of a raffle in which said nonprofit, tax-exempt organization is not directly and solely operating the raffle.
(5) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a raffle.
(6) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the raffle operations of only two organizations of which such person is a member; provided, however, that such person shall not receive
more than $30.00 per day for assisting in the conduct of raffles regardless of whether such person assists both organizations in the same day.
(1) The sheriff is authorized to promulgate rules and regulations which the sheriff deems necessary for the proper administration and enforcement of this Code section which are not in conflict with any provision of this Code section.
(m) Any person who operates a raffle without a valid license issued by the sheriff as provided in this Code section commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished accordingly.
Any person who knowingly aids, abets, or otherwise assists in the operation of a raffle for which a license has not been obtained as provided in this Code section similarly com mits the offense of commercial gambling. Any person who violates any other provision

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of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both."
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 Walker of the 87th moves to amend the Committee substitute to HB 456 as follows:
Page 6, lines 13 and 14 strike "an adult" add: "a parent or guardian."
Page 6, line 15 add subsection (1) to paragraph (i) as follows:
"No person under the age of 18 years shall be permitted to sell any raffle tickets sold pursuant to any license issued under this Code section unless accompanied by a par ent or guardian."

The following amendment was read:

Representative Bunn of the 74th moves to amend the Committee substitute to HB 456 as follows:
P. 3, line 29 change $100.00 to $20.

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

N Ashe
N Bailey Baker
N Bannister NBarfoot N Bargeron
Barnard Y Barnes N Bates N Benefield NBirdsong N Bordeaux NBostick
Breedlove Y Brooks, D N Brooks, T
N Brown, G Y Brown, J
Brush NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell Y Canty N Carter
Chambless NChannell

N Childers
N Coker N Coleman, B
Coleman, T N Connell
Cox Y Crawford Y Crews N Culbreth N Cummings
Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G
Dix
N Dixon, H N Dixon, S N Dobbs YEhrhart N Epps Y Evans Y Falls N Felton N Floyd N Godbee N Golden Y Goodwin
Greene

Y Grindley
N Hanner N Harbin N Harris Y Hart N Heard Y Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard N Hudson N Hugley Y Irvin
N James N Jamieson N Jenkins N Johnson, G
Johnson, J Y Johnston
Jones Y Joyce Y Kaye N Kinnamon
Klein Y Ladd Y Lakly

N Lane
N Lawrence N Lee Y Lewis Y Lifsey N Lord
Lucas Y Maddox
Mann N Martin N McBee N McCall N McClinton Y 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 Y Pinholster N Polak N Porter

N Poston
N Powell N Purcell, A N Purcell, B Y Randall Y Randolph N Ray N Reaves N Reichert Y 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

TUESDAY, MARCH 7, 1995

1653

N Smyre Y Snelling N Snow
S tailings 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
Towery Y Trense N Turnquest
Twiggs N Walker, L

Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland Y Whitaker
White

On the adoption of the amendment, the ayes were 52, nays 106. The amendment was lost.

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 N Bannister Y Barfoot Y Bargeron N Barnard N 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 N Bunn Y Burkhalter NByrd Y Campbell Y Canty Y Carter
Chambless
Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox N Crawford

N Crews Y Culbreth Y Cummings
Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans N Falls Y Felton Y Floyd
Y Godbee N Golden Y Goodwin Y Greene N Grindley Y Banner N Harbin Y Harris NHart 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 N Johnson, J N Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein NLadd N Lakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord
Lucas Y Maddox
Mann Y Martin Y McBee Y McCall N 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 Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall N 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 N Smith, T Y 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
Twiggs Y Walker, L N Walker, R.L N Wall Y Watson Y Watts N Westmoreland N Whitaker Y White Y 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 137, nays 34.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 138, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bill of the Senate was recommitted to the Com mittee on Game, Fish and Parks:

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.

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 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.

The following amendment was read and adopted:

Representatives Snow of the 2nd and Coker of the 31st move to amend HB 480 by striking "$30.00" and inserting in lieu thereof "$75.00" on line 4 of page 1 and by striking "$30.00" and inserting in lieu thereof "$75.00" on line 15 of page 2.

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 119, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

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 111, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, MARCH 7, 1995

1655

HR 437. By Representative Jenkins of the 110th: A resolution designating Harold G. Clarke Parkway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 117, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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".

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 113, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 438. By Representative Jenkins of the 110th: A resolution designating Benson Ham Road.

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
Bordeaux Y 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 Y 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
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 Hanner Y Harbin Y Harris Y Hart Y Heard
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
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 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 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
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

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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 adoption of the Resolution, the ayes were 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

The following amendments were read and adopted:

Representative Twiggs of the 8th moves to amend HB 868 as follows:
By adding after the word "notice" on line 35, page 2, the following:
", which such notice must be given by certified mail within 60 days from the final date for the filing such report by the candidate,".

Representatives Felton of the 43rd, Barnes of the 33rd and Lee of the 94th move to amend HB 868 by adding after the semicolon on line 9 of page 1 the following:
"to change the provisions relating to disclosures of loans, advances, and extensions of credit; to change the purposes for which campaign contributions may be used;".
By adding between lines 24 and 25 of page 2 the following:
"SECTION 1.1.
Said chapter is further amended by adding at the end of Code Section 21-5-31, relating to disclosure of loans to candidates, the following:
'(c) Notwithstanding subsection (b) of this Code section, when a contribution is made by the candidate to that candidate's own campaign, that contribution shall be deemed to be a loan by that candidate unless the candidate does not wish to be reimbursed therefor from later contributions and so indicates for that contribution, and the cam paign disclosure form shall contain words specifying substantially the terms of this sub section.'
SECTION 1.2.
Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Sec tion 21-5-33, relating to the disposition of campaign contributions, and inserting in its place the following:
'(b)(l) All contributions received by a candidate or such candidate's campaign com mittee or a public officer holding elective office in excess of those necessary to defray expenses pursuant to subsection (a) of this Code section and as determined by such candidate or such public officer may only be used as follows:
(A) As contributions to any charitable organization described in 26 U.S.C. 170(c) as said federal statute exists on March 1, 1986, and which additionally shall include educational, eleemosynary, and nonprofit organizations;

TUESDAY, MARCH 7, 1995

1657

(B) Except as otherwise provided in subparagraph (D) of this paragraph, for transferral without limitation to any national, state, or local committee of any politi cal party or to any candidate;
(C) For transferral without limitation to persons making such contributions, not to exceed the total amount cumulatively contributed by each such transferee;
(D) For use in future campaigns for only that elective office for which those contri butions were received. With respect to contributions held on January 1, 1992, or received thereafter, in the event the candidate, campaign committee, or public offi cer holding elective office has not designated, prior to receiving contributions to which this Code section is applicable, the office for which campaign contributions are received thereby, those contributions shall be deemed to have been received for the elective office which the candidate held at the time the contributions were received or, if the candidate did not then hold elective office, those contributions shall be deemed to have been received for that elective office for which that person was a candidate most recently following the receipt of such contributions; or
(E) For repayment of any prior campaign obligations incurred as a candidatej including but not limited to any loan of money from a candidate or public officer holding elective office to the campaign committee of such candidate or such public officer, but such loan repayments shall be permissible from contributions received following the election of the candidate or public official.'"

The following amendment was read:

Representative Kaye of the 37th, et al. move to amend HB 868 by striking in its entirety line 9 of page 1 and inserting in lieu thereof the following:
"information; to require political action committees to file periodic disclosure reports listing the amount of each contribution and the name, address, occupation, and employer of each contributor; to prohibit candidates or campaign committees".
By inserting after line 24 of page 2 the following:
"SECTION 2.
Said chapter is further amended by inserting a new Code section to be designated as Code Section 21-5-36 to read as follows:
'21-5-36.
Each political action committee which receives one or more contributions from one or more Georgia residents shall file with the commission a disclosure report listing the amount of each contribution and each contributor by name, address, occupation, and employer. A disclosure report shall be filed no later than June 30 and December 31 in nonelection years and no later than March 31, June 30, September 30, and December 31 during election years.'"
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

The following amendment was read and adopted:

Representatives Kaye of the 37th and Smith of the 175th move to amend the Kaye amendment to HB 868 as follows:
Line 16 replace the word "receives" with the word "makes"
Delete line 17 in its entirety and replace with a new line 17 to read
"contributions to one or more non-federal Georgia candidates shall".

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JOURNAL OF THE HOUSE,

Representative Dobbs of the 92nd moved t"hat the House reconsider its action in adopting the Kaye amendment to the Kaye amendment.

Representative Coleman of the 142nd moved that HB 868 and all amendments be placed upon the table.
On the motion, the roll call was ordered and the vote was as follows:

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

N Crews N Culbreth N Cummings
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 N Evans N Falls N Felton Y Floyd YGodbee N Golden
N Goodwin Greene
N Grindley Y Banner N Harbin N Harris YHart N Heard
Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes Y Howard Y Hudson

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

E Parham Y Parrish N Parsons Y Pelote N Perry N Pinholster NPolak N Porter NPoston N Powell N Purcell, A N Purcell, B YRandall Y Randolph NRay Y Reaves N Reichert Y Roberts Y Rogers N Royal N Sanders Y Sauder N Scoggins
N Shanahan YShaw N Sherrill
Y 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

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

On the motion, the ayes were 47, nays 120.

The motion was lost.
On the motion by Representative Dobbs of the 92nd that the Kaye amendment to the Kaye amendment be reconsidered, 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 Y Brown, J N 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
Davis, G Y Davis, M NDay

N 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 N Goodwin
Greene N Grindley Y Banner
Y Harbin Y Harris YHart

Y Heard 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 N Johnson, G
Johnson, J N Johnston Y Jones N Joyce NKaye Y Kinnamon

Y Klein
YLadd N Lakly
YLane Y Lawrence
YLee Y Lewis N Lifsey
Lord
Lucas N Maddox Mann Y Martin Y McBee Y McCall Y McClinton
McKinney N Mills Y Mobley, B Y Mobley, J
Mosley

TUESDAY, MARCH 7, 1995

1659

N Mueller Y O'Neal Y Orrock E Parham Y Parrish N Parsons Y Pelote Y Perry
Y Pinholster Y Polak Y Porter N Poston Y Powell Y Purcell, A Y Purcell, B

Randall Y Randolph YRay Y Reaves Y Reichert
Y Roberts Y Rogers Y Royal N Sanders
Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y 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 Y Smith, W Y Smyre Y Snelling YSnow
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 N Titus N Towery Y Trense
Turnquest Y Twiggs

Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts Y Westmorland 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 135, nays 29. The motion prevailed.

On the re-adoption of the Kaye amendment to the Kaye 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 N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G
Brown, J N Brush NBuck N Buckner Y Bunn N Burkhalter NByrd N Campbell
Canty N Carter N Chambless N Channell N Childers N Colter N Coleman, B N Coleman, T N Connell NCox N Crawford

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

N Hugley NIrvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston N Jones Y Joyce YKaye N Kinnamon Y Klein NLadd YLakly NLane N Lawrence NLee N Lewis Y Lifsey NLord
Lucas Y Maddox
Mann
N Martin N McBee N McCall N McClinton
McKinney Y Mills
N Mobley, B N Mobley, J
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 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 re-adoption of the amendment, the ayes were 20, nays 144. The amendment was lost.

N Smith, W
N Smyre N Spelling NSnow
Stallings N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor N Teague NTeper
Thomas N Tillman N Titus 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 amendment was read and adopted:

Representative Ladd of the 59th moves to amend the Kaye amendment to HB 868 as fol lows:
Line 8, after the word "contributor" add: "whose aggregate contribution is $101 or greater"

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JOURNAL OP THE HOUSE,

Line 20, after the word "employer" add ", for those contributors whose aggregate contri bution is $101 or greater".
The Kaye amendment, and all amendments, thereto were withdrawn.
The following amendment was read and withdrawn:
Representatives Poston of the 3rd and Porter of the 143rd move to amend HB 868 by striking in its entirety line 14 of page 1 and inserting in lieu thereof the following:
"Commission shall not be in violation; to prohibit campaign contributions by foreign nationals; to provide for definitions; to provide for related".
By inserting following line 42 of page 2 the following:
"SECTION 3.
Said chapter is further amended by adding, immediately following Code Section 21-5-36, a new Code Section 21-5-37 to read as follows:
'21-5-37.
(a) As used in this Code section, the term:
(1) "Foreign principal" means:
(A) A government of a foreign country or a foreign political party;
(B) A person outside the United States, unless it is established that such person is not an individual and is organized under or created by the laws of the United States or of any state or other place subject to the jurisdiction of the United States and has its principal place of business within the United States; or
(C) A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country.
(2) "Foreign national" means:
(A) A foreign principal, except that such term shall not include any individual who is a citizen of the United States; or
(B) An individual who is not a citizen of the United States and who is not lawfully admitted to the United States for permanent residence as defined by 8 U.S.C., Sec tion 1101(a)(20).
(b) It shall be unlawful for a foreign national directly or through any other person to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution, in connection with an election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office or for any person to solicit, accept, or receive any such contribution from a foreign national.'"
By renumbering Section 3 as Section 4.
Representative Street of the 167th moved that HB 868 and all amendments be placed upon the table.
On the motion, 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 Y Bates

N Benefield N Birdsong N Bordeaux

Bostick N Breedlove N Brooks, D

TUESDAY, MARCH 7, 1995

1661

N Brooks, T Y Brown, G
N Brown, J
N Brush NBuck N Buckner N Bunn
N Burkhalter
NByrd N Campbell Y Canty N Carter Y Chambless Y Channell N Childers N Coker N Coleman, B Y Coleman, T N Connell NCox
Y Crawford N Crews N Culbreth
N Cummings Davis, G
N Davis, M NDay
N DeLoach, B N DeLoach, G N Dix
N Dixon, H
N Dixon, S N Dobbs

N Ehrhart Epps
N Evans N Falls N Felton N Floyd N Godbee N Golden N Goodwin
Greene N Grindley
Y Banner N Harbin N Harris YHart N Heard
Hecks tall N Hegstrom N Hembree N Henson N Holland N Holmes Y Howard N Hudson N Hugley
N Irvin N 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 N Lawrence NLee N Lewis N Lifsey
YLord Lucas
N Maddox Mann
N Martin
N McBee N McCall
McClinton
McKinney N Mills N Mobley, B N Mobley, J
Mosley N Mueller N O'Neal
N Orrock E Parham
Y Parrish
N Parsons N Pelote N Perry N Pinholster

N Polak N Porter
N Postal N Powell N Purcell, A N Purcell, B
N Randall Y Randolph NRay N Reaves N Reichert Y Roberts N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan YShaw N 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 N Smith, W N Smyre N Snelling

Snow N Stallings N Stancil, F N Stancil, S N Stanley, L Y Stanley, P N Stephenson Y Streat N Taylor N Teague NTeper N Thomas N Tillman N Titus N Towery N Trense N Turnquest
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 N Yates
Murphy, Spkr

On the motion, the ayes were 23, nays 143. The motion was lost.

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

Y Ashe Y Bailey Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barries
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 YBunn 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 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
Greene Y Grindley Y Manner

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 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 NLord
Lucas Y Maddox
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 E Parham Y Fairish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B

Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y 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

1662

JOURNAL OF THE HOUSE,

Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson YStreat YTaylor

Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery

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, as amended, the ayes were 164, nays 2.
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, MARCH 8, 1995

1663

Representative Hall, Atlanta, Georgia Wednesday, March 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.
By unanimous consent, the call of the roll was dispensed with.
Prayer was offered by the Reverend Henry R. Jones, Pastor, New Life Worship Cen ter, Jonesboro, Georgia.
The members pledged allegiance to the flag.
Representative Bargeron of the 120th, Chairman of the Committee on Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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 983. By Representative Birdsong of the 123rd: A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the mem bers of the board are elected.
Referred to the Committee on State Planning & Community Affairs - Local.
HB 984. By Representative Crawford of the 129th: A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Upson County.
Referred to the Committee on State Planning & Community Affairs - Local.

1664

JOURNAL OP THE HOUSE,

HB 985. By Representatives Ehrhart of the 36th, Wiles of the 34th, Towery of the 30th, Coker of the 31st, Grindley of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators and the number of assistant district attorneys the district attorney is authorized to appoint.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 986. By Representatives Shipp of the 38th, Coker of the 31st, Sauder of the 29th, Grindley of the 35th, Klein of the 39th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to restate the corporate limits to include certain previously annexed par cels of land.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 987. By Representatives Barnes of the 33rd and Carter of the 166th:
A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to notaries public, so as to authorize bonded notaries public; to change the provisions relating to qualifications of notaries; to change the provisions relating to application to be a notary.
Referred to the Committee on Judiciary.

HB 988. By Representative Breedlove of the 85th:
A bill to amend Article 1 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions regarding examination, hospitalization, and treatment for mental illness, so as to provide for the imme diate discharge of certain patients upon written request of a parent or legal guardian.
Referred to the Committee on Health & Ecology.

HB 989. By Representative Carter of the 166th:
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 boards of education over public school property and facilities, so as to provide that before dispos ing of unused school buildings, a local board of education must first offer such property to the appropriate county or municipality or both as a gift.
Referred to the Committee on Education.

HB 990. By Representatives Titus of the 180th and Cummings of the 27th:
A bill to amend Chapter 11 of Title 43 of the Official Code of Georgia Anno tated, relating to dentists, dental hygienists, and dental assistants, so as to substantially revise the laws relating to dentists, dental hygienists, and dental assistants; to change certain definitions and provide for additional defini tions; to change the name of the Georgia Board of Dentistry and to create a new Georgia Board of Dentistry and Dental Hygiene.
Referred to the Committee on Health & Ecology.

WEDNESDAY, MARCH 8, 1995

1665

HB 991. By Representative Poston of the 3rd:
A bill to amend Code Section 27-3-1.1 of the Official Code of Georgia Anno tated, relating to acts prohibited on wildlife management areas, so as to pro vide that any person on a wildlife management area at any time during which the hunting of deer is legal shall wear certain clothing.
Referred to the Committee on Game, Fish & Parks.

HB 992. By Representatives Streat of the 167th and Snow of the 2nd:
A bill to amend Chapter 5 of Title 10 of the Official Code of Georgia Anno tated, relating to securities, so as to clarify the commissioner's authority to issue stop orders denying effectiveness to or suspending or revoking the effectiveness of any registration or to any blank check offering.
Referred to the Committee on Banks & Banking.

HB 993. By Representative Ashe of the 46th:
A bill to create the City of Atlanta-Fulton County Intergovernmental Ser vices Advisory Commission.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 994. By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to change provisions for edu cation districts.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 995. By Representatives Barnes of the 33rd, Sauder of the 29th, Coker of the 31st, Wiles of the 34th, Towery of the 30th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to authorize the finance officer of the city to waive certain interest and penalties due on unpaid ad valorem taxes.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 996. By Representatives Wiles of the 34th, Parsons of the 40th, Shipp of the 38th, Barnes of the 33rd, Sauder of the 29th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 997. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Day of the 153rd, Dixon of the 150th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.
Referred to the Committee on State Planning & Community Affairs - Local.

1666

JOURNAL OF THE HOUSE,

HB 998. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to increase the compensation of the judge and solicitor of such court.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 999. By Representative Watson of the 139th:
A bill to amend Code Section 20-2-151.1 of the Official Code of Georgia Annotated, relating to proficiency in American Sign Language as fulfulling foreign language requirements for college preparatory curriculum and for Carnegie unit elective credits, so as to provide that for the purpose of fulfill ing the foreign language or math requirements for a college preparatory cur riculum seal of endorsement on a high school diploma, academic credit shall be granted to pupils who have successfully completed during the eighth or ninth grade certain courses in foreign language, algebra, or geometry; and for other purposes.
Referred to the Committee on Education.

HB 1000. By Representative James of the 140th:
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 1001. By Representative Coleman of the 142nd:
A bill to provide that members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1002. By Representative Coleman of the 142nd: A bill to create the Heart of Georgia Regional Airport Authority.
Referred to the Committee on State Planning & Community Affairs.

HB 1003. By Representative Williams of the 83rd:
A bill to amend Code Section 15-11-5 of the Official Code of Georgia Anno tated, relating to the jurisdiction of the juvenile court, so as to provide that the judge or associate judge of a juvenile court, in his or her discretion, may order that any case over which the court has jurisdiction be dead docketed; to provide under certain circumstances for the calling of a case once a case has been dead docketed.
Referred to the Committee on Judiciary.

WEDNESDAY, MARCH 8, 1995

1667

HR 481. By Representative Ashe of the 46th:
A resolution creating the House Atlanta-Fulton County Consolidation of Ser vices Study Committee.
Referred to the Committee on Rules.

HR 482. By Representative Ashe of the 46th:
A resolution urging the continuation of funding for school-based nutrition programs at the same level by Block Grants or the exclusion of school-based nutrition programs from the Personal Responsibility Act.
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 21
HB 951 HB 952
HB 953 HB 954 HB 955 HB 956 HB 957 rHlBB 995589

SB 325
SB 343 SB 346
SB 347 SB 359 SB 361 SB 370 gg qyc QTBJ *QQ~C

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HR Qfi?
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HB 963 HtlBR Q9bfiA4 HB 965
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HR qfiq HR 97^ HR Q7fi HR 977
nHrR> 9a7/o8 HB 979 rHlRo Q98ft0l
X1I5 VQl
HB 982 rliv 467 HtrRo 4C6A8I
rlK oUi
SB 74 SB 77

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SB 398
SgBg 340"Q
or* A[\I or. 440012 ~ 2E
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SB 41
SB 418 SB 42 SB 423 SB 43
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SB 292

SB 296

SB 310

SB 316

SB 317

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SR 228

SR 240

SR 253

SR 269

SR 274

1668

JOURNAL OF THE HOUSE,

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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 201 Do Pass, by Substitute
Respectfully submitted, /s/ 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 286 Do Pass, by Substitute SB 332 Do Pass
Respectfully submitted, /s/ Lord of the 121st
Chairman

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

Mr. Speaker:
Your Committee on Rules has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 463 Do Pass HR 465 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 Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 458 Do Pass, by Substitute SR 226 Do Pass

WEDNESDAY, MARCH 8, 1995

1669

Respectfully submitted, 1*1 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 910 Do Pass, by Substitute HB 935 Do Pass HB 936 Do Pass HB 937 Do Pass HB 938 Do Pass HB 944 Do Pass HB 945 Do Pass HB 946 Do Pass HB 949 Do Pass

HB 950 Do Pass HB 970 Do Pass HB 971 Do Pass HB 972 Do Pass HB 973 Do Pass HR 460 Do Pass HR 461 Do Pass SB 349 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 tion of the House and has instructed me to report the same back to the House with the following recommendation:
HR 501 Do Pass
Respectfully submitted, /s/ Benefield of the 96th
Chairman

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

HOUSE RULES CALENDAR WEDNESDAY, MARCH 8, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 34th Legislative Day as enu merated below:
HR 408 Sales tax exemp; cert off-road timber equip; declare intent
SB 29 Revenue Dept. - contracting for delinquent tax collection SB 51 Insurance - policy cancellation, penalties SB 55 CPR - orders not to resuscitate SB 111 Boat Safety - crime of homicide by vessel SB 125 Contact Lens Sale - stricter guidelines

1670

JOURNAL OF THE HOUSE,

SB 156 Juvenile Court Hearings - public access to cert, records SB 188 Counselors, Social Workers, Marriage, Family Therapists - training SB 230 Probation Detention Ctrs. - confinement prog.cert probationers SB 263 Special Lie. Plates - commemorating 1996 Paralympic Games
SR 67 Robert L. Brown Bridge - designate SR 159 Colquitt Co. - conveyance of cert, state property SR 160 Colquitt Co. - conveyance of cert, state property
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 and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 910. By Representative Crawford of the 129th: A bill to create the Pike County Livestock Facility Authority.

The following Committee substitute was read and adopted:

A BILL
To create the Pike County Agribusiness Authority; to provide for a definition; to provide for the purpose and powers of the authority; to provide for appointment, eligibility, and terms of the members of the authority; to provide for organization, quorum, and meetings; to provide for rules and regulations and for agents and employees; to provide for account ability and for financial and other records and for audits; to limit the powers of the authority; to provide for exemptions from taxes, assessments, and certain actions by credi tors; to provide for judicial jurisdiction; to provide that the powers of the authority are supplemental and provide for liberal construction; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. As used in this Act, the term "project" means land, buildings, furnishings, equipment, and facilities located or to be located in Pike County and used for educational programs related to farm and domestic animals and livestock and for the exhibition of Pike County Agriculture and Agribusiness.
SECTION 2. (a) There is created a body corporate and politic to be known as the Pike County Agri business Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and, by that name, style, and title, such body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. The authority shall have perpetual existence. (b) The purpose of the authority shall be for the development and promotion in Pike County and in this state of projects to enhance all areas and phases of agriculture in Pike County and in this state with the use of public grant funds. In carrying out that purpose, the authority shall solicit assistance from persons and organizations interested in support ing, financially and in other ways, the projects of the authority.
SECTION 3. (a) The authority shall consist of five members who shall be appointed by the governing authority of Pike County, Georgia, and who shall serve at the pleasure of that governing

WEDNESDAY, MARCH 8, 1995

1671

authority. Of the members initially appointed, one member shall be appointed for a oneyear term, two members shall be appointed for terms of two years, and two members shall be appointed for terms of three years. Thereafter, all members shall be appointed for terms of three years. At least three of the members shall have a recognized interest in agri business or agricultural production. (b) The members of the authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. The authority shall elect from its members a chairperson and a vice chairperson. The officers shall serve for such terms as shall be prescribed by the rules of the authority or until their successors are elected and qualified. (c) Three members of the authority shall constitute a quorum, and no vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority at every meeting, but, in every instance, the affirmative vote of at least three members of the authority shall be required to authorize any legal act of the authority. (d) The members of the authority shall not be entitled to compensation for their services and shall not be reimbursed by the authority for their actual expenses in attending any meeting of the authority. The authority shall make rules and regulations for its own gov ernment and may employ professional staff or technical supervisors, assistants, or experts, or any other agents and employees, temporary or permanent. The authority shall also establish the policies, rules, and regulations for the operations of its projects as it may require. The members of the authority shall be accountable in all respects as trustees, and the authority shall keep suitable books and records of all its obligations, contracts, transac tions, undertakings, income, receipts of every nature, and expenditures of every kind. The financial books and records of the authority shall be audited annually by the same auditor employed to audit the books and records of the Pike County government. Said audit shall be paid for by the authority, and copies shall be furnished to the governing authority of Pike County. Said audit shall be a public record.
SECTION 4. The authority shall have the power to:
(1) Adopt and alter a corporate seal; (2) Construct, reconstruct, acquire, equip, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects; (3) Acquire in its own name by purchase, lease, or otherwise from Pike County, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein and personal property necessary or convenient for its corporate purposes; and use, lease, and dispose of such property, rights, and easements in any manner it deems to be to the best advantage of the authority and the purposes thereof; (4) Contract with the State of Georgia and the agencies, instrumentalities, depart ments, and political subdivisions thereof and with private persons or corporations in such manner as necessary or convenient to accomplish the purposes of this Act, including but not limited to contracts for constructing and leasing, as lessor or as les see, acquiring, equipping, altering, repairing, maintaining, adding to, extending, improving, operating, and managing projects; (5) Exercise the power provided by Code Section 45-9-1 of the O.C.G.A. to procure policies of liability insurance or contracts of indemnity to insure or indemnify mem bers of the authority and its officers and employees against personal liability for dam ages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; (6) Make contracts and execute all instruments necessary or convenient in connection therewith; and (7) 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 busi ness.

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JOURNAL OF THE HOUSE,

SECTION 5. The authority shall not have the power of eminent domain. The authority shall have the power to issue revenue bonds or certificates of participation with the prior approval of the governing authority of Pike County.
SECTION 6. Because the authority will be performing valuable charitable and public functions and pur poses in the exercise of the powers conferred upon it, the authority shall be exempt from taxation to the extent authorized by general law.
SECTION 7. Any action brought against the authority shall be brought in the Superior Court of Pike County and such court shall have exclusive jurisdiction of such action.
SECTION 8. The provisions of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized by this Act and shall be regarded as supple mental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.
SECTION 9. This Act, being for the welfare of Pike County and its inhabitants, shall be liberally con strued to effect the purposes of this Act.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

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

HB 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.

The following amendment was read and adopted:

Representatives Holland of the 157th and Hanner of the 159th move to amend HB 920 as follows:
On page 1 at the end of line 29 insert the following sentence:
The salaries initially established during fiscal year 1995 may be paid in such manner as the council shall determine to allow the full salary to be paid for Fiscal Year 1995 by the end of Fiscal Year 1995.

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

HB 935. By Representatives Polak of the 67th, Ladd of the 59th, Sherrill of the 62nd, Teper of the 61st, O'Neal of the 75th and others:
A bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as deter mined from the proceeds generated from the collection of certain local sales and use taxes.

WEDNESDAY, MARCH 8, 1995

1673

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

HB 936. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to amend an Act incorporating the City of Lawrenceville, so as to deannex and exclude certain property from the corporate limits of such city.

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

HB 937. By Representatives Mosley of the 171st and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Blackshear, so as to change the corporate limits of the city.

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

HB 938. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th, Ray of the 128th and Falls of the 125th:
A bill to amend an Act creating the Civil Court of Bibb County, so as to change the civil jurisdiction of such court.

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

HB 944. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the provisions relating to the compensation of the chairman.

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

HB 945. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.

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

HB 946. 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 procedures for appeals from police court.

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

1674

JOURNAL OF THE HOUSE,

HB 949. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th, Shipp of the 38th, Sauder of the 29th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator, the investigators, the chief assistant district attorney, and the assistant district attorneys.

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

HB 950. By Representatives Watson of the 139th, Walker of the 141st and Floyd of the 138th:
A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the corporate limits of said city.

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

HB 970. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide that the judge of such court shall be elected at nonpartisan gen eral elections without a prior nonpartisan primary.

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

HB 971. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act relating to the board of education and school superin tendent of the Carroll County School District, so as to provide that members of such board shall be elected at nonpartisan general elections without a prior nonpartisan primary.

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

HB 972. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Carroll County in nonpartisan primaries and elec tions.

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

HB 973. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act entitled "An Act to provide for a special election to determine whether the members of the board of education of the Carroll County School district shall be elected rather than appointed," so as to pro vide for new education districts.

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

WEDNESDAY, MARCH 8, 1995

1675

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.
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 Bannister
Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush
YBuck Buckner
YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless
Channel) Y Childers Y Coker
Y Coleman, B Y Coleman, T
Connell
YCox Y Crawford

Y Crews Culbreth
Y Cummings Davis, G
Y Davis, M YDay
DeLoach, B Y DeLoach, G
Dix 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 Manner Y Harbin Y Harris
Hart Y Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox
YMann Martin McBee
Y McCall McClinton McKinney
E Mills Y Mobley, B
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 Randall
Y Randolph
YRay Reaves
Y Reichert Roberts
Y Rogers 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 Y Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W
Y Smyre Y Snelling
Snow Stalling* Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Stepbenson Y Streat Taylor
Teague Y Teper
Y Thomas Y Tillman
Y Titus 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 Y Williams, B Y Williams, J Y Williams, R Woods Y Yates Murphy, Spkr

On the passage of the Bills, the ayes were 131, nays 0. The Bills, having received the requisite constitutional majority, were

Representatives Connell of the 115th and Royal of the 164th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

HR 460. By Representatives Brown of the 117th, Hart of the 116th, Howard of the 118th and Williams of the 114th:
A resolution urging the governing authority of Richmond County to take offi cial action to resolve the issue of relocation of residents of certain areas of Richmond County affected by exposure to dangerous levels of environmental contamination.

1676

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
HR 461. By Representatives Brown of the 117th, Hart of the 116th, Howard of the 118th and Williams of the 114th:
A resolution urging certain governmental agencies to collaborate and to inte grate their efforts under the coordination of the director of the East Central Health District with a focus on resolving certain public health issues posed by environmental contamination of certain areas of Richmond County.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
By unanimous consent, the following roll call vote was made applicable to the previ ously read Resolutions.
On the adoption of the Resolutions, the roll call was ordered and the vote was as fol lows:

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

Y Crews Culbreth
Y Cummings Davis, G
Y Davis, M YDay
DeLoach, B Y DeLoach, G
Dix 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 Hart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis
Y Lifsey YLord
Lucas Y Maddox YMann
Martin McBee Y McCall McClinton McKinney E Mills Y Mobley, B 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 Randall Y Randolph YRay Reaves Y Reichert Roberts Y Rogers 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 Y Smith, L Y Smith, P Smith, T Y Smith, V

Y Smith, W
Y Smyre Y Snelling
Snow Stalling* Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Stephenson
Y Streat Taylor Teague
YTeper Y Thomas Y Tillman Y Titus
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 Y Williams, B Y Williams, J Y Williams, R Woods Y Yates Murphy, Spkr

On the adoption of the Resolutions, the ayes were 131, nays 0. The Resolutions, having received the requisite constitutional majority, were adopted.

Representatives Connell of the 115th and Royal of the 164th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

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

WEDNESDAY, MARCH 8, 1995

1677

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

SB 434. By Senator Boshears of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts of counties, so as to provide for deferred partial payment of judgments in state courts.

SB 397. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Anno tated, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, so as to change the provisions relating to the prepa ration of family violence reports; to provide that a victim of family violence may review and copy a family violence report.

SB 396. By Senators Johnson of the 1st and Clay of the 37th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morality, so as to change the penalties for contributing to the deprivation of a minor; to provide a def inition.

SB 415. By Senator Johnson of the 1st:
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 Central of Georgia Railroad Shops Complex as the official state railroad museum of Georgia.

SB 411. By Senator Balfour of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of vehicles, so as to provide for special license plates for persons who are retired reservists; to provide for procedures and fees.

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

SR 248. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease agreement, as amended.

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

1678

JOURNAL OF THE HOUSE,

SB 394. By Senators Taylor of the 12th, Bowen of the 13th, Henson of the 55th and others:
A bill to amend Code Section 3-2-30 of the Official Code of Georgia Anno tated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation, distribution, sale, and possession of alcoholic beverages, and to amend Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transporta tion, distribution, sale, and possession of cigars, cigarettes, and little cigars.
SB 306. By Senator Broun of the 46th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to create a new third judgeship for the Western Judicial Circuit; to provide for the election and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Western Judi cial Circuit.

SB 406. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
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 for the consecutive service of sentences by inmates convicted of a crime while in prison; to provide for related matters; to provide for an effective date and applicability.

SB 71. By Senators Brown of the 26th, Perdue of the 18th, Taylor of the 12th and others:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to capital outlay funds under the "Quality Basic Education Act," so as to provide for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to eliminate the scale for local participation relating to facilities which are historic landmarks.

SB 216. By Senator James of the 35th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to financial affairs of the General Assembly, so as to provide for a short title; to provide for legislative intent; to provide for prohibition against the passage of certain laws affecting political subdivisions; to provide for certain exceptions; to allow a showing of undue hardship.

SB 278. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to provide for an additional judge of the superior court of the Alcovy 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 provide for the sharing of work by the judges; to pro vide for an additional court reporter.

WEDNESDAY, MARCH 8, 1995

1679

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

SR 4. By Senators McGuire of the 30th, Edge of the 28th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and amendments to the Constitution and to enact or reject the same; to provide procedures and restrictions connected therewith; to provide for the submission of this amendment for ratification or rejection.

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

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.

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.

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.

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.

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.

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.

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.

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JOURNAL OF THE HOUSE,

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.

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.

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

SB 71. By Senators Brown of the 26th, Perdue of the 18th, Taylor of the 12th and others:
A bill to amend Part 10 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A., relating to capital outlay funds under the "Quality Basic Education Act," so as to provide for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to eliminate the scale for local participation relating to facilities which are historic landmarks.
Referred to the Committee on Education.

SB 216. By Senator James of the 35th:
A bill to amend Chapter 5 of Title 28 of the Official Code of Georgia Anno tated, relating to financial affairs of the General Assembly, so as to provide for a short title; to provide for legislative intent; to provide for prohibition against the passage of certain laws affecting political subdivisions; to provide for certain exceptions; to allow a showing of undue hardship.
Referred to the Committee on State Planning & Community Affairs.

SB 278. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to provide for an additional judge of the superior court of the Alcovy 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 provide for the sharing of work by the judges; to pro vide for an additional court reporter.
Referred to the Committee on Judiciary.

SB 306. By Senator Broun of the 46th:
A bill to amend Code Section 15-6-2 of the Official Code of Georgia Anno tated, relating to the number of superior court judges for each judicial cir cuit, so as to create a new third judgeship for the Western Judicial Circuit; to provide for the election and term of office of said judge; to provide for the manner of impaneling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Western Judi cial Circuit.
Referred to the Committee on Judiciary.

WEDNESDAY, MARCH 8, 1995

1681

SB 394. By Senators Taylor of the 12th, Bowen of the 13th, Henson of the 55th and others:
A bill to amend Code Section 3-2-30 of the Official Code of Georgia Anno tated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation, distribution, sale, and possession of alcoholic beverages, and to amend Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transporta tion, distribution, sale, and possession of cigars, cigarettes, and little cigars.
Referred to the Committee on Public Safety.
SB 396. By Senators Johnson of the 1st and Clay of the 37th:
A bill to amend Chapter 12 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses against public health and morality, so as to change the penalties for contributing to the deprivation of a minor; to provide a def inition.
Referred to the Committee on Special Judiciary.
SB 397. By Senators Farrow of the 54th and Black of the 53rd:
A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Anno tated, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, so as to change the provisions relating to the prepa ration of family violence reports; to provide that a victim of family violence may review and copy a family violence report.
Referred to the Committee on Judiciary.

SB 406. By Senators Gochenour of the 27th, McGuire of the 30th and Glanton of the 34th:
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 for the consecutive service of sentences by inmates convicted of a crime while in prison; to provide for related matters; to provide for an effective date and applicability.
Referred to the Committee on Special Judiciary.

SB 411. By Senator Balfour of the 9th:
A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Anno tated, relating to registration and licensing of vehicles, so as to provide for special license plates for persons who are retired reservists; to provide for procedures and fees.
Referred to the Committee on Motor Vehicles.

SB 415. By Senator Johnson of the 1st:
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 Central of Georgia Railroad Shops Complex as the official state railroad museum of Georgia.
Referred to the Committee on State Planning & Community Affairs.

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JOURNAL OF THE HOUSE,

SB 434. By Senator Boshears of the 6th:
A bill to amend Article 3 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to practice and procedure in state courts of counties, so as to provide for deferred partial payment of judgments in state courts.
Referred to the Committee on Judiciary.

SR 4. By Senators McGuire of the 30th, Edge of the 28th, Newbill of the 56th and others:
A resolution proposing an amendment to the Constitution so as to reserve to the people of the state the power to propose laws and amendments to the Constitution and to enact or reject the same; to provide procedures and restrictions connected therewith; to provide for the submission of this amendment for ratification or rejection.
Referred to the Committee on Rules.

SR 248. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease agreement, as amended.
Referred to the Committee on State Institutions & Property.

Representative Stephenson of the 25th arose to a point of personal privilege and addressed the House.

Representative Brush of the 112th arose to a point of personal privilege and addressed the House.

Representative Roberts of the 162nd arose to a point of personal privilege and addressed the House.

Representative Turnquest of the 73rd arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on State Planning and Community Affairs and referred to the Committee on Uni versity System of Georgia:

SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd, Dean of the 31st and Boshears of the 6th:
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; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds.

By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on State Planning and Community Affairs and referred to the Committee on Ways and Means:

WEDNESDAY, MARCH 8, 1995

1683

SR 64. By Senators Thompson of the 33rd, Hooks of the 14th, Perdue of the 18th and Hill of the 4th:
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; to provide for exemptions, credits, or reductions of taxes, or any combination thereof, within such zones with respect to taxes levied by a county or municipality; to provide for limitations and requirements; to provide for the submission of this amendment for ratifi cation or rejection.

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

HR 465. By Representatives Falls of the 125th and Reichert of the 126th:
A resolution commending the Tattnall Square Academy softball team and inviting the team and its coaches to appear before the House of Representa tives.

HR 463. By Representatives Day of the 153rd and Thomas of the 148th:
A resolution inviting Teri Gruendl to appear before the House of Representa tives.

The Speaker Pro Tern assumed the Chair.

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

SR 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.

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 Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush Y Buck

Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carter
Chambless Y Channell Y Childers Y Coker
Coleman, B Y Coleman, T
Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

Y Davis, M Day
Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart Y Epps Y Evans
Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene
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
James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johnston

Jones Y Joyce Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane Y Lawrence
Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann Y Martin Y McBee Y McCall
McClinton

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JOURNAL OF THE HOUSE,

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
Ray 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
Smith, W Y Smyre Y Snelling YSnow

Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson 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

On the adoption of the Resolution, the ayes were 149, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representative Falls of the 125th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye"
thereon.

SR 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 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 Y Bates
Benefield 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
Canty Y Carter
Chambless Y Channell Y Childers Y Coker
Coleman, B Y Coleman, T

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
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
Hugley Y Irvin
James Jamieson Y Jenkins Y Johnson, G Y Johnson, J Johnston Y Jones
Y Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly YLane Y Lawrence
Lee 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
Orrock Y Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A
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 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 Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs

WEDNESDAY, MARCH 8, 1995

1685

Y Walker, L Y Walker, R.L
Y Wall

Y Watson Y Watts Y Westmorland

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

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 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.
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 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 Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
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
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 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 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 Randolph
Ray Y Reaves
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

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

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.

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JOURNAL OF THE HOUSE,

The following Committee substitute was read:

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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, is amended by striking in its entirety Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, which reads as follows:
"43-10A-13.
The education, experience, and training requirements for licensure in marriage and fam ily therapy are as follows:
(1) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and, after July 1, 1987, shall include a course of study in the principles and practice of marriage and family therapy; four years' full-time post-master's experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the master's degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; (2) A doctorate degree in a program, which degree and program shall meet the requirements of paragraph (1) of this Code section; two years' full-time post-master's experience under direction in the practice of marriage and family therapy, one year of which may have been in an approved internship program; and 100 hours of supervi sion in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program; or (3) A law degree and four years' full-time post law degree experience under direction in the practice of any specialty, one year of which may have been in an approved internship program before or after the granting of the law degree and two years of which shall have been in the practice of marriage and family therapy; and 200 hours of supervision, 100 hours of which shall have been in the practice of marriage and family therapy; and who have applied for licensure prior to July 1, 1989.", and inserting in lieu thereof the following:
"43-10A-13.
(a) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a master's degree are as follows:
(1)(A) A master's degree from a program in any specialty, any allied profession, applied child and family development, or applied sociology; (B) A master's degree from any program accredited by the Commission on Accredi tation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution; or (C) A master's degree based on a specific course of study consisting of at least 45 semester or 75 quarter hours which shall include six semester or ten quarter hours of general family studies, six semester or ten quarter hours of marital and family therapy theory, and three semester or five quarter hours of professional ethics; and (2) Completion of 2,000 hours of client contact experience, at least 500 hours of which shall have been in the practice of marriage and family therapy, as follows:

WEDNESDAY, MARCH 8, 1995

1687

(A) Up to 500 such hours may be obtained either before granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and (B) At least 1,500 of such hours shall obtained in a post-degree family residency program under supervision at the rate of at least one supervised hour for every ten client contact hours. (b) The education, training, and experience requirements for licensure in marriage and family therapy for an applicant with a doctorate degree are as follows: (1) A doctorate degree in a program which meets the requirements of paragraph (1) of subsection (a) this Code section; and (2) Completion of 900 hours of client contact experience in the practice of marriage and family therapy as follows: (A) Up to 500 such hours may be obtained before the granting of the master's degree in an approved year-long internship program under supervision at a rate of at least one supervised hour for every five client contact hours; and (B) At least 400 of such hours shall obtained in a post-degree family residency pro gram under supervision at the rate of at least one supervised hour for every ten cli ent contact hours."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

Representative Cox of the 160th moves to amend the Committee substitute to SB 188 by striking line 38 on page 2 and inserting in lieu thereof the following:
"professional ethics; provided, however, that any person qualified for licensure pursuant to the provisions of this subparagraph must have applied for licensure prior to July 1, 2001; and".
By striking line 27 on page 3 and inserting in its place the following:
"ten client contact hours."
By inserting immediately following line 27 on page 3 the following:
"(c) Notwithstanding any provision of this Code section to the contrary, any person who has met the requirements for a clinical membership in the American Association for Marriage and Family Therapy and who presents evidence of such membership to the board shall be qualified for licensure in marriage and family therapy.'".

Representative Crews of the 78th moves to amend the Committee substitute to SB 188 as follows:
On p. 3, line 6, and line 24 between "shall obtained" insert "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
N 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

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JOURNAL OF THE HOUSE,

Buckner
Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y 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 N DeLoach, B
N DeLoach, G YDix Y Dixon, H
Y Dixon, S Dobbs Ehrhart
YEpps 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
Howard Y Hudson
Hugley Y Irvin Y James
Y Jamieson Y Jenkins
Y Jobnson, 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 N 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
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 Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V N Smith, W Y Smyre Y Snelling Y Snow

N Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor N Teague Y Teper
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 Westmorland 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 153, nays 9.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative McBee of the 88th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

SB 29. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th, Land of the 16th and Egan of the 40th:
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.

The following Committee substitute was read and withdrawn:

A BILL
To amend Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, so as to authorize the state revenue commissioner to provide for the collection of delinquent taxes, penalty, and interest by contractors; to provide for compensation; to provide for qualifica tions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, is amended by adding a new subsection at the end thereof to be designated subsection (e) to read as follows:

WEDNESDAY, MARCH 8, 1995

1689

"(e) The commissioner is authorized to provide for the collection of delinquent taxes, including penalties and interest, by contractors. Any such contractors must be approved by the commissioner. No employee of the department shall be approved as a contractor under this subsection. Such contractors shall be compensated only on a commission or contingent fee basis."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Culbreth of the 132nd and Trense of the 44th, was read:

A BILL
To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, 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 provide for a definition; to provide for annual tax and wage reports; to provide for powers, duties, and authority of the Commissioner of Labor with respect to the foregoing; to amend Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, so as to authorize the state revenue commissioner to provide for the collec tion of delinquent taxes, penalty, and interest by contractors; to provide for compensation; to provide for qualifications; 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 8 of Title 34 of the Official Code of of Georgia Annotated, relating to employment security, is amended by striking subsection (a) of Code Section 34-8-150, relating to pay ment of contributions by employers, and inserting in its place a new subsection (a) to read as follows:
"(a) Contributions shall accrue from each employer for each calendar year in which the employer is subject to this chapter with respect to wages payable for employment, except as provided in Code Sections 34-8-158 through 34-8-162. Such contributions shall become due and be paid before the last day of the month next following the end of the calendar quarter to which they apply, in accordance with such regulations as the Com missioner may prescribe; provided, however, that with respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner shall be authorized to provide by regulation that such contributions shall become due and be paid on an annual basis not later than such date as shall be prescribed by resolution of the commissioner. Such contributions shall become delinquent if not paid when due and shall not be deducted, in whole or in part, from the wages of individuals in such employer's employ."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 34-8-165, relat ing to tax and wage reports, and inserting in its place a new subsection (a) to read as fol lows:
"(a)(H In accordance with such regulations as the Commissioner may prescribe, tax and wage reports shall become due and be filed by each employer on or before the last day of the month next following the end of the calendar quarter to which such reports apply. (2) With respect to employers as defined in paragraph (2) of subsection (a) of Code Section 34-8-33, the Commissioner may provide by regulation for such tax and wage reports to be filed on an annual rather than on a quarterly basis in accordance with federal law. No penalty shall be due for such reports which are filed in the manner and within the time period prescribed by the Commissioner.

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JOURNAL OF THE HOUSE,

(3) Such reports shall list the name, social security number, the amount of wages paid each employee by such employer, and any other information the Commissioner may require."
SECTION 3. Code Section 48-2-6 of the Official Code of Georgia Annotated, relating to the organization of the Department of Revenue and employees and compensation, is amended by adding a new subsection at the end thereof to be designated subsection (e) to read as follows:
"(e) The commissioner is authorized to provide for the collection of delinquent taxes, including penalties and interest, by contractors. Any such contractors must be approved by the commissioner. No employee of the department shall be approved as a contractor under this subsection. Such contractors shall be compensated only on a commission or contingent fee basis."
SECTION 4. (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. (b) Section 3 of 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 following amendment was read and lost:

Representative Kaye of the 37th moves to amend the Floor substitute to SB 29 as follows: Line 37 page 2 insert after "approved" the following: "according to such reasonable standards as are determined" Line 38 insert after "department" the following: "or member of the immediate family of such employee" Line 39 insert after "contractors" the following: "shall be selected on a competitive bid basis and".

The Floor substitute was adopted.

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

Y Ashe 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
Brown, J

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
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
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 Y Hart 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 Y Jones Y Joyce Y Kaye Y Kinnamon
Y Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee

WEDNESDAY, MARCH 8, 1995

1691

Y Lewis Y Lifsey YLord
Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills
Y Mobiey, B Y Mobiey, 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
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 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 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 164, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Industry and referred to the Committee on State Planning and Community Affairs - Local:

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.

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

HR 505. By Representatives Simpson of the 101st and Stallings of the 100th:
A resolution commending the Carrollton High School debate team and invit ing the members of the team and their coach 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 Senate were taken up for consideration and read the third time:

SB 111. By Senators Middleton of the 50th, Edge of the 28th, Madden of the 47th, Cagle of the 49th, Marable of the 52nd 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.

The following amendment was read and adopted:

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JOURNAL OF THE HOUSE,

The Committee on Game, Fish and Parks moves to amend SB 111 by striking line 8 on page 3 in its entirety and inserting in lieu thereof the following:
"52-7-12.4."

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
Breedlove 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 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 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
YLadd Y Lakly Y Lane 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

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 Y Scoggins Y Shanahan YShaw Y Sherrill N 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 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, as amended, the ayes were 166, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Shipp of the 38th stated that he inadvertently voted "nay" on the pre ceding roll call. He wished to be recorded as voting "aye" thereon.

The Speaker assumed the Chair.

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.

WEDNESDAY, MARCH 8, 1995

1693

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to add a definition; to provide what constitutes such orders; to change the conditions under which such orders may be issued; to authorize such orders to be carried out by certain emergency medical services providers and health care person nel under certain conditions; to provide for identifying bracelets and necklaces and their status as such orders; to change the provisions relating to cancellation and revocation of such orders; to limit the duties and liability of certain health care providers and other health care facilities; 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 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, is amended by adding after paragraph (6) of Code Section 31-39-2, relating to definitions, the following paragraph:
"(6.1) 'Emergency medical technician' means a person certified as an emergency medi cal technician, paramedic, or cardiac technician under Chapter 11 of this title."
SECTION 1.1. Said chapter is further amended by striking paragraph (7) of said Code Section 31-39-2, relating to definitions, and inserting in its place the following:
"(7) 'Health care facility' means an institution which is licensed as a hospital or nurs ing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pur suant to Article 9 of Chapter 7 of this titlei or a home health agency licensed pursuant to Article 7 of Chapter 7 of this title."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 31-39-4, relat ing to persons authorized to issue an order not to resuscitate, and inserting in its place the following:
"(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. Seh an Any written order shall be issued i writing by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patient's chart and shall be effective upon issuance constitute a legally sufficient order and shall authorize a physician, health care professional, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order."
SECTION 2.1. Said chapter is further amended by striking paragraph (3) of subsection (e) of said Code Section 31-39-4 and inserting in its place the following:
"(3) The patient is receiving inpatient or outpatient treatment from or is a resident of a health care facility other than a hospice or a home health agency."
SECTION 2.2. Said chapter is further amended by striking subsection (b) and (c) of Code Section 31-39-5, relating to cancellation of orders, and inserting in their place the following:
"(b) If the order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who issued the order or, if that

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JOURNAL OF THE HOUSE,

attending physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician or the physician's designee shall immediately include such determination in the patient's chart, cancel the order, and notify the patient, the person who consented to the order, and all hospital health care facility staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician's designee shall cancel the order by an appropriate entry on the record and notify all hospital health care facility staff responsible for the patient's care of the cancellation."
SECTION 3. Said chapter is further amended by adding after Code Section 31-39-6 a new Code section to read as follows:
"31-39-6.1.
(a) In addition to those orders not to resuscitate authorized elsewhere in this chapter, any physician, health care professional, or emergency medical technician shall be autho rized to effectuate an order not to resuscitate evidenced in writing containing the patient's name, date of the form, printed name of the attending physician, and signed by the attending physician on a form substantially similar to the following:
'DO NOT RESUSCITATE MEDICAL CARE DIRECTIVE NAME OF PATIENT:____________________________________ THIS CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN ENTERED ON THE ABOVE-NAMED PATIENT.
SIGNED:___________________________________________ ATTENDING PHYSICIAN
PRINTED OR TYPED NAME OF ATTENDING PHYSICIAN:____________
DATE:________________________________________________ (b) A person who is not a patient in a hospital, nursing home, or licensed hospice and who has an order not to resuscitate pursuant to this Code section shall wear an identify ing bracelet on either the wrist or the ankle or an identifying necklace. The bracelet shall be substantially similar to identification bracelets worn in hospitals. The bracelet or necklace shall be on an orange background and shall provide the following informa tion in boldface type:
'DO NOT RESUSCITATE Patient's name:___________________________________________ Patient's or authorized person's signature:___________________________ Patient's physician's printed name:_______________________________ Patient's physician's signature:_ Patient's physician's telephone number:_ Date of order not to resuscitate: Any physician, health care professional, or emergency medical technician shall be autho rized to regard such a bracelet or necklace as a legally sufficient order not to resuscitate in the same manner as an order issued pursuant to this chapter unless such person has actual knowledge that such order has been canceled or consent thereto revoked as pro vided in this chapter. (c) Any order not to resuscitate evidenced pursuant to subsection (a) or (b) or this Code section may be revoked as provided in Code Section 31-39-6 and may be cancelled as provided in Code Section 31-39-5."
SECTION 4. Said chapter is further amended by striking Code Section 31-39-6, relating to revocation of consent to order not to resuscitate, and inserting in its place the following:

WEDNESDAY, MARCH 8, 1995

1695

"31-39-6.
(a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a spe cific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility2 a health care professional, or an emergency medical technician. (b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communi cated to or in the presence of an attending physician or a member of the nursing staff at the health care facility^ a health care professional, or an emergency medical technician. (c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staffj a health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code sec tion shall immediately notify a physician of such revocation."
SECTION 5. Said chapter is further amended by striking Code Section 31-39-7, relating to liability of persons carrying out in good faith decisions regarding cardiopulmonary resuscitation, and inserting in its place the following:
"31-39-7.
(a) No physician, health care professional, health care facility, emergency medical tech nician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in this chapter. (b) No physician, health care professional, health care facility, emergency medical tech nician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physi cian or person:
(1) Reasonably and in good faith was unaware of the issuance of an order not to resuscitate; or (2) Reasonably and in good faith believed that consent to the order not to resuscitate had been revoked or canceled. (c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. (d) Any attending physician who fails or refuses to comply with an order not to resusci tate entered pursuant to this chapter shall endeavor to advise promptly the patient, if conscious, or the next of kin or authorized person of the patient that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person: (1) Make a good faith attempt to effect the transfer of the patient to another physi cian who will effectuate the order not to resuscitate; or (2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate. (e) Any emergency medical technician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the

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patient, if conscious, or the next of kin or authorized person of the patient, if reasonably available, that such emergency medical technician is unwilling to effectuate the order."
SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

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

Y Ashe Y Bailey Y Baker Y Bannister
Y Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G
Brown, J Y Brush YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B
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 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
Hanner Y Harbin
Y Harris YHart
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
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
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
Ray Y Reaves
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
N 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 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, by substitute, the ayes were 152, nays 3.
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.

SR 67. By Senator Ralston of the 51st: A resolution designating the Hobert L. Brown Bridge.

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

WEDNESDAY, MARCH 8, 1995

1697

On the adoption of the Resolution, the ayes were 102, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
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.
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
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
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
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 YEpps
Evans Y Falls
Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene
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
Jenkins Y Johnson, G Y Johnson, J Y Johnston
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 Y Martin
McBee 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
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 Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L
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 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 158, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 263. By Senators Broun of the 46th, Madden of the 47th, Starr of the 44th, Balfour of the 9th and Taylor of the 12th:
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.

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The following Committee substitute 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 in general, so as to provide for spe cial license plates to provide support for the holding of the 1996 Paralympic Games in the City of Atlanta and the State of Georgia; to authorize the state revenue commissioner to accept and execute licensing agreements or other agreements for this purpose; to provide an additional fee for such special license plates and for the disposition of such fees col lected; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles in general, is amended by adding at the end thereof a new Code Section 40-2-48 to read as follows:
"40-2-48.
(a) The City of Atlanta and the State of Georgia having been selected by the Interna tional Paralympic Committee to host the 1996 Paralympic Games, there shall be issued beginning in 1996 special license plates to provide support for the holding of the 1996 Paralympic Games. (b) The commissioner shall prepare special distinctive license plates of a design appro priate to provide support for the 1996 Paralympic Games. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) In calendar year 1996, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $15.00 in addition to the regu lar motor vehicle registration fee, shall be issued such a special license plate. Notwith standing any contrary provisions of Code Section 40-2-31, such special license plates may be used until December 31, 1996, and until such date as the owner is required to reregister the vehicle in 1997. In calendar year 1996 such special license plates may be transferred between vehicles as provided in Code Section 40-2-80. (d) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licens ing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Paralympic logo or other acceptable design or as may other wise be necessary or appropriate to implement this Code section. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the Atlanta Paralympic Organizing Committee or its licensor allowing the state to be the beneficiary of and to receive $5.00 of the $15.00 tag fee for each such tag and the Atlanta Paralympic Organizing Committee or its licensor to be the beneficiary of and receive $10.00 of each such tag fee, provided that the state shall bear the cost of the manufacture of each such license plate. The commissioner may charge fees, make pay ments, take other actions, and agree to or impose terms and conditions, which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Paralympic logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection

WEDNESDAY, MARCH 8, 1995

1699

as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The 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 119, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following substitute, offered by Representative Williams of the 114th, et al., was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance gener ally, so as to provide that the term "adjuster" does not include a salaried employee of an insurer who adjusts claims; to provide that a regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction and who is not involved in soliciting insur ance or signing or countersigning contracts shall not be considered an agent, subagent, counselor, or adjuster; to revise the definition of premium; to authorize the charging of a penalty on the refund of unearned premium 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; to provide that individual accident and sickness insur ance policies and group or blanket accident and sickness insurance policies shall be required to provide basic coverage for child wellness services for any insured child from birth through the age of five years; to authorize the Commissioner of Insurance to define child wellness services by regulation; to authorize certain limitations in such coverage; to provide that such coverage shall not be subject to deductibles; to provide for construction; to provide for applicability; to provide for information concerning the cost of such cover age to be supplied to the members of the General Assembly; 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 as provided in Code Section 33-24-44; to pro vide that acceptance of an instrument which is so dishonored shall constitute compliance with prepayment requirements; to provide for matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph (1) of subsection (a) of Code Section 33-23-1, relating to definitions of

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terms applicable to licensing of insurance agents, subagents, counselors, and adjusters, and inserting in lieu thereof a new paragraph (1) of subsection (a) to read as follows:
"(1) 'Adjuster' means any person who for a fee, commission, salary, or other compen sation investigates, settles, or adjusts and reports to his or her employer or principal with respect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term 'adjuster' does not include:
(A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or (B) An agent or a salaried employee of an agent or a salaried employee of an insurer who adjusts or assists in adjusting losses under policies issued by such agent or insurer."
SECTION 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (b) of said Code section and inserting in lieu thereof a new paragraph (1) of subsection (b) to read as follows:
"(1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transaction so long as such person is not involved in soliciting insurance^ or signing or countersigning contracts; er receiving premiums;".
SECTION 3. Said title is further amended by striking paragraph (2) of Code Section 33-24-1, relating to definitions, and inserting in lieu thereof the following:
"(2) 'Premium' means the consideration for insurance, by whatever name called. Any assessment, or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract is deemed part of the premium. The term 'premium' shall not include any amount deposited and held for the account of the insured which is returnable upon cancellation of the insurance contract and upon which no commission has been paid."
SECTION 4. Said title is further amended by adding a new subsection (g) to Code Section 33-24-44, relating to cancellation of insurance policies generally, to read as follows:
"(g) Any unearned premium which has been paid by the insured may be refunded to the insured on other than a pro rata basis if:
(1) The cancellation results from failure of the insured to pay, when due, any pre mium to the insurer or any amount, when due, under a premium finance agreement; (2) The policy contains language which specifies that a penalty may be charged on unearned premium; and (3) The method of computing such penalty is filed with the Commissioner in accord ance with Chapter 9 of this title."
SECTION 5. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Nonrenewal' or 'nonrenewed' means a refusal by a insurer or an affiliate of an insurer to renew. Failure of an insured to pay the premium as required by the insured for renewal after the insurer has manifested his or her willingness to renew by deliver ing a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or has offered to issue a renewal policy, certificate, or other evidence of renewal or has manifested such intention by any other means shall not be construed to be a nonrenewal."
SECTION 6. Said title is further by adding immediately following Code Section 33-29-3.2, relating to coverage for mammograms, Pap smears, and prostate specific antigen tests in individual

WEDNESDAY, MARCH 8, 1995

1701

policies of accident and sickness insurance, a new Code Section 33-29-3.3 to read as fol lows:
"33-29-3.3.
(a) As used in this Code section, the term: (1) 'Child wellness services' means the periodic review of a child's physical and emo tional status conducted by a physician or conducted pursuant to a physician's supervi sion, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or par ents, and laboratory testing in keeping with prevailing medical standards. (2) 'Policy' means any health benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.
(b) Every insurer authorized to issue an individual accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such services are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and shall consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics, prevailing medical standards, and any other relevant data or information in the promulgation of such regulation. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of individ ual accident and sickness policies which provide benefits greater than those required by subsection (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to individual basic or major medical accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care corpo ration, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applica ble to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000."
SECTION 7. Said title is further amended by adding immediately following Code Section 33-30-4.3, relating to utilization of mail-order pharmaceutical distributors in policies, plans, con tracts, or funds, a new Code Section 33-30-4.4 to read as follows:
"33-30-4.4.
(a) As used in this Code section, the term: (1) 'Child wellness services' means the periodic review of a child's physical and emo tional status conducted by a physician or conducted pursuant to a physician's supervi sion, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or par ents, and laboratory testing in keeping with prevailing medical standards. (2) 'Policy' means any health benefit plan, contract, or policy except a disability income policy, specified disease policy, or hospital indemnity policy.

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(b) Every insurer authorized to issue a group or blanket accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such ser vices are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and shall consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics, prevailing medical stan dards, and any other relevant data or information in the promulgation of such regula tion. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of group or blanket accident and sickness policies which provide benefits greater than those required by subsection (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to group or blanket accident and sickness insurance policies issued by a fraternal benefit society, a nonprofit hospital ser vice corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applica ble to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to pre ferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000."
SECTION 8. Said title is further amended by striking paragraph (4) of subsection (a) of Code Section 33-34-3, relating to requirements concerning issuance of motor vehicle insurance policies, and inserting in its place a new paragraph (4) of subsection (a) to read as follows:
"(4){A} No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's statements in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer-sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies. (B) If an insurer, agent, or premium finance company collects such advance pay ment in the form of a check or money order which is not honored upon initial pre sentation, such insurer, agent, or premium finance company shall be deemed to have complied with subparagraph (A) of this paragraph and may, thereafter, cancel for nonpayment of premium as provided in Code Section 33-24-44."
SECTION 9. (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. (b) Sections 1, 3, 4, 5, 6, 7, and 8 of this Act shall become effective on July 1, 1995.
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

WEDNESDAY, MARCH 8, 1995

1703

Representative Bannister of the 77th moves to amend the Floor substitute to SB 51 as fol lows:
Page 3 line 28 change the word "by" to "of and on line 29 delete the words 'his or her' and replace with the word "a".

The Floor substitute, as amended, was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J
Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
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 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
Howard Y Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins
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
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 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
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 Stand), 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
Williams, J Y Williams, R
Y Woods Y Yates
Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 114, nays 3.

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JOURNAL OF THE HOUSE,

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

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th, Burton of the 5th, Ralston of the 51st 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 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.

The following Committee substitute was read:

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 allegation 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; to provide for inspection of complaints, peti tions, and orders from such cases which were open to the public; to provide exceptions; to provide for prompt written notice to the school superintendent when a child is adjudi cated delinquent for a second or subsequent time or of an adjudicatory proceeding involv ing a designated felony; to authorize the storage for computer retrieval of records, dockets, indices, or files of the juvenile court; to provide for fingerprinting and photographing chil dren charged with designated felonies or offenses over which the superior court has exclu sive or concurrent jurisdiction; to provide for the sharing of information regarding such children with the department of family and children services and certain school officials; to provide for notice to any victim when a child who has been adjudicated delinquent for commission of a designated felony is released from confinement or custody or is paroled; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-28, relating to the conduct of hearings, and inserting in lieu thereof a new subsection (c) and an additional subsection to be designated subsection (c,l) to read as follows:
"(c) Except as otherwise provided by subsection (c.l) of this Code section, the T-he gen eral public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard. (c.l) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, how ever, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evi dence related to matters of deprivation; or (3) At the court's discretion, any dispositional hearing involving any proceeding under this article."

WEDNESDAY, MARCH 8, 1995

1705

SECTION 2. Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof a new Code section to read as follows:
"15-11-58.
Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the exception of any complaint, petition, and order from any case that was open to the pub lic pursuant to subsection (c.l) of Code Section 15-11-28, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations com piling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a stu dent as a part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Chil dren and Youth Services, the Department of Corrections, the Children and Youth Coor dinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
SECTION 3. Said article is further amended by inserting a new Code section to be designated Code Section 15-11-58.1 to read as follows:
"15-11-58.1.
Within 30 days of any proceeding in which a child is adjudicated delinquent for a sec ond or subsequent time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or designated felony act that such child committed."
SECTION 4. Said article is further amended by striking Code Section 15-11-60, relating to when a juve nile may be fingerprinted or photographed and the maintenance, inspection, and publica tion of fingerprint and photograph files, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows:
"15-11-60.
(a) Every child charged with the commission of any act which would be a designated felony or an offense over which the superior court has exclusive or concurrent jurisdic tion, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court. Ne ehiW ander W years ef- age shaH be fingerprinted the investigation of- a crime eaeept as proviQcd m tins oooc section, F m^cFpniits of ft child xti or ~i4 ycors of *ft6 wiio ~is tcicrrcd to trie court msy i&c tftitcn ADO iiicct oy isw eniopcen^ent oiticers tnd ringerTM

1706

JOURNAL OF THE HOUSE,

filed by tew enforcement officers m investigating the commission of the crimes ef- involtinwiry mflnsrftu^iUcp, PODocpy) &pmcr POuDcpy not involving d tipcctpin^ flFflVfltcct assault, aggravated battery, burglary, and motor vehicle theft. (b) The fingerprints ef ay ehild i3 te Vf years f -age charged with any offcnsc -ever which the superior court has exclusive er concurrent jurisdiction shaft be- taken- and- filedfey tew enforcement officers investigating the commission ef any such crime; {c)(b) All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates. {d)(c) Fingerprint files and photographs of children may be inspected by law enforce ment officers when necessary for the discharge of their official duties. The names and addresses of children who have been fingerprinted or photographed and the offense or offenses charged shall be made available when a petition is filed or a child is taken into custody, whichever is earlier, to the appropriate department of family and children ser vices and school superintendent. This information may be disseminated by the appropri ate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. {e){d} Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child. (f) If latent fingerprints are found dwing the investigation ef an offcnsc and- a tew
cniiu^ n or sftc Htfly ini^fcpppiftt" trie ctiiict rc^fflpciicss of ftc or oticnsc tot purposes 01 immediate comparison with the latent fingerprints, If- the comparison is negative, the fingerprint card and other copies ef- the fingerprints taken shall be immediately destroyed. 4r tnc compupison i& positive &nci the cniicl is~ PCICPPCQ to trie courtj ttic lingerTM print CflPu dud otncp copies ot tine iin^epppints i&Ken snsii oe Creiivepeci to trie couPt top disposition. If the child is net referred te the court, the fingerprints shall be immediately destroyed. {gKe) Except as provided in this Code section, without Without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution.
4n%fJ)(l) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of con tempt under Code Section 15-11-62, except as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child."

SECTION 5.
Said article is further amended by inserting in Code Section 15-11-65, relating to juvenile court powers as a court of inquiry, court of record, and in issuing warrants and the preser vation and destruction of records of the court, a new subsection to be designated subsec tion (c.l) to read as follows:
"(c.l) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained."

WEDNESDAY, MARCH 8, 1995

1707

SECTION 6. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking in its entirety subsection (e) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, and inserting in lieu thereof the following subsections:
"(e) Except as provided by subsection (e.l) of this Code section, when When a delin quent or unruly child has been committed to the department for detention and a diag nostic study for the purpose of determining the most satisfactory plan for his the child's care and treatment has been completed, the department may:
(1) Permit him his the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order his the child's confinement under such conditions as the department may believe best designed to serve his the child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desir able; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge him the child from control of the department when it is satisfied that such discharge will best serve his the child's welfare and the protection of the public. (e.l)(l) When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-37 is released from confine ment or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody. (2) As long as a good faith attempt to comply with paragraph (1) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection."
SECTION 7. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-4A-9, relating to children who have been previously adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, are convicted of a felony in a superior court, and inserting in lieu thereof a new subsection to read as follows:
"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or his the commissioner's designated representa tive; provided, further, that upon releasing or paroling any juvenile adjudicated delin quent for the commission of a designated felony act as defined in Code Section 15-11-37 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by this subsection."

1708

JOURNAL OF THE HOUSE,

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend the Committee substitute to SB 156 as follows:
By adding a new Section 9 after line 20 on page 8 which shall read as follows:
Section 9
This Act shall be effective Jan. 1, 1996.

The following amendment was read:

Representatives Klein of the 39th, Chambless of the 163rd, Woods of the 32nd, Barnes of the 33rd and Campbell of the 42nd move to amend the Committee substitute to SB 156 by adding following the word and symbol "officials;" on line 21 of page 1 the following:
"to change the provisions relating to inspection of juvenile law enforcement records; to change the provisions relating to sealing of records;".
By redesignating Section 4 as Section 5.
By adding between lines 35 and 36 of page 3 the following:
"SECTION 4.
Said article is further amended by striking subsection (b) of Code Section 15-11-59, relat ing to juvenile law enforcement records, and inserting in its place the following:
'(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (c) or (c.l) of Code Section 15-11-28, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be dis closed to the public.'"
By redesignating Section 5 as Section 7.
By adding between lines 39 and 40 of page 5 the following:
"SECTION 6.
Said article is further amended by adding at the end of Code Section 15-11-61, relating to sealed records, a new subsection (d) to read as follows:
'(d) No order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (c) or (c.l) of Code Section 15-11-28.'"
By redesignating Sections 6 through 8 as Sections 8 through 10, respectively.

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

Y Ashe Y Bailey N Baker Y Bannister

Y Barfoot Y Bargeron Y Barnard Y Barnes

Bates Y Benefield N Birdsong
Bordeaux

Y Bostick Y Breedlove
Brooks, D N Brooks, T

Brown, G Y Brown, J Y Brush
Buck

WEDNESDAY, MARCH 8, 1995

1709

Y Buckner
Y Bunn
Y Burkhalter YByrd Y Campbell N 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 N Cummings
Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G
Dix N Dixon, H
Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls

Y Felton N Floyd N Godbee Y Golden Y Goodwin N Greene Y Grindley Y Hanner Y Harbin Y Harris NHart N Heard
Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard Y Hudson N Hugley Y Irvin N James
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 N Lucas Y Maddox
YMann N Martin N McBee
McCall N McClinton
McKinney
Y Mills Mobley, B
Y Mobley, J
Y Mosley Y Mueller N O'Neal
N Orrock Parham
Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster N Polak Y Porter

Y Poston Y Powell Y Purcell, A
Y Purcell, B N Randall N Randolph
Ray Y Reaves
Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder N Scoggins Y Shanahan NShaw
Sherrill
Y Shipp N Simpson N Sinkfield N Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W NSmyre Y Snelling YSnow

On the adoption of the amendment, the ayes were 115, nays 44. The amendment was adopted.

Y Stallings Y Stancil, F Y Stancil, S N Stanley, L
Stanley, P
N Stephenson Y Streat N Taylor
Teague N Teper N Thomas
Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs Y Walker, L Y Walker, R.L YWall 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

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 N Baker Y Bannister Y Barfoot Y Bargeron Y Barnard
Y Barnes Y Bates Y Benefield Y Birdsong N Bordeaux Y Bostick Y Breedlove
Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell N 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 Y Cummings
Davis, G Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart NEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden

Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris NHart N Heard
Heckstall N Hegstrom Y Hembree Y 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
Johnston
N Jones Y Joyce YKaye Y Kinnamon

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

Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B N Randall N Randolph
Ray Y Reaves Y Reichert N Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins
Shanahan YShaw Y Sherrill Y Shipp Y Simpson N Sinkfield Y Skipper Y Smith, C Y Smith, C.W

1710

JOURNAL OF THE HOUSE,

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
N Stanley, L
Stanley, P Y Stephenson
Y Streat
N Taylor

Teague N Teper Y Thomas
Tillman Y Titus
Y Towery
Y Trense N Turnquest

Twiggs Y Walker, L Y Walker, R.L Y Wall Y 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, Spki

On the passage of the Bill, by substitute, as amended, the ayes were 136, nays 28.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

The following Resolutions of the House were read and adopted:

HR 507. By Representatives Culbreth of the 132nd, Buck of the 135th, Taylor of the 134th, Smyre of the 136th, Hugley of the 133rd and others:
A resolution recognizing and commending the Miss Georgia Pageant on its 50th anniversary.

HR 508. By Representatives Mosley of the 171st and Byrd of the 170th:
A resolution expressing sympathy regarding the passing of Frank Wade Odum.

HR 509. By Representative Powell of the 23rd: A resolution commending Honorable Jack L. Gurley.

HR 510. By Representatives Brooks of the 54th, McKinney of the 51st, Canty of the 52nd, Davis of the 48th and Holmes of the 53rd:
A resolution in memory of Jean Childs Young.

HR 511. By Representative Brooks of the 54th:
A resolution expressing regret at the passing of Mrs. Ann Virginia Holt Parham Daniel.

HR 512. By Representatives Royal of the 164th, Bostick of the 165th and Carter of the 166th:
A resolution expressing regret at the passing of Lavasky Tommy Ramon King.

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

THURSDAY, MARCH 9, 1995

1711

Representative Hall, Atlanta, Georgia Thursday, March 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:

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

Crawford Culbreth Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dix Dixon, H Dixon, S
Dobbs Epps Evans Felton Floyd Godbee Goodwin Greene Harbin Harris Heard Hegstrom Hembree Holland Howard Hudson Irvin James

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

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

Smyre Snelling Stallings Stancil, F Stancil, S Stanley, L Streat
Taylor Thomas Tillman Titus Towery Trense Twiggs Walker, R.L Wall
Watson Watts
Westmoreland
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 Shipp of the 38th, Crews of the 78th, Falls of the 125th, Bordeaux of the 151st, Hart of the 116th, Barfoot of the 155th, Grindley of the 35th, Teper of the 61st, Bates of the 179th, Golden of the 177th, Hanner of the 159th, Joyce of the 1st, Ray of the 128th, Klein of the 39th, Reichert of the 126th, Turnquest of the 73rd, Shaw of the 176th, McClinton of the 68th, Heckstall of the 55th, Walker of the 141st, Brush of the 112th, Parrish of the 144th, Lucas of the 124th, Holmes of the 53rd, Lee of the 94th, Ehrhart of the 36th, Teague of the 58th and Mobley of the 69th.
They wish to be recorded as present.

Prayer was offered by Dr. Robert L. "Jackey" Beavers, Glory Harvester Church, Cartersville, Georgia.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

1712

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 1004. By Representative White of the 161st:
A bill to amend Chapter 1 of Title 20 of the Official Code of Georgia Anno tated, relating to general provisions regarding education, so as to provide for drug testing of students of local school systems, of the University System of Georgia and of schools operated by the State Board of Technical and Adult Education.
Referred to the Committee on University System of Georgia.

HB 1005. By Representative Smith of the 174th:
A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change a definition relating to state health planning; to change the provisions regarding certain time periods for accepting certificate of need applications.
Referred to the Committee on Health & Ecology.

HB 1006. By Representatives Powell of the 23rd and Porter of the 143rd:
A bill to amend Article 5 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the District Attorneys' Retirement System, so as to provide for creditable service for prior service as an assistant district attorney.
Referred to the Committee on Retirement.

HB 1007. By Representative Powell of the 23rd: A bill to provide a new charter for the Town of Bowersville.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1008. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to provide for nonpartisan primaries and elections for members of the board of education of Pike County.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 9, 1995

1713

HB 1009. By Representatives Williams of the 114th, Heard of the 89th, Hugley of the 133rd, Culbreth of the 132nd and Harbin of the 113th:
A bill to amend Chapter 8 of Title 33 of the Official Code of Georgia Anno tated, relating to fees and taxes relative to insurance, so as to provide for the abatement or reduction of state premium taxes on gross direct premiums which are received by an insurer domiciled in this state for the sale of certain life insurance policies or are attributed to transactions with a purchaser in this state where the minimum premium exceeds a certain amount.
Referred to the Committee on Insurance.

HB 1010. By Representative Crawford of the 129th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the compensa tion of the chairman and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1011. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to change the compensation of the mem bers of such board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1012. By Representatives Greene of the 158th, Cummings of the 27th and Shanahan of the 10th:
A bill to amend Code Section 47-2-310 of the Official Code of Georgia Anno tated, relating to membership of employees of the Georgia Federal-State Shipping Point Inspection Service in the Employees' Retirement System of Georgia, so as to provide for additional creditable service for prior service with such employer.
Referred to the Committee on Retirement.

HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd, Baker of the 70th, Randolph of the 72nd and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the mem bers of the board of county commissioners, the sheriff, the judge of the pro bate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1014. By Representative Cummings of the 27th:
A bill to amend Chapter 10 of Title 25 of the Official Code of Georgia Anno tated, relating to regulation of fireworks, so as to prohibit storage of fire works except as otherwise provided by law; to provide for storage of fireworks by certain licensed nonmanufacturers; to provide for disposition of certain excess fireworks.
Referred to the Committee on Industry.

1714

JOURNAL OF THE HOUSE,

HB 1015. 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 provide that if a member elects a certain spouses' option and his or her spouse subsequently dies or is divorced, the member may revoke such election.
Referred to the Committee on Retirement.

HB 1016. By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Development Authority, so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1017. 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 describe the corporate boundaries of such city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1018. By Representatives Parham of the 122nd and Lord of the 121st:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1019. By Representatives Parham of the 122nd and Channell of the lllth:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1020. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, so as to change the descriptions of the education districts of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1021. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act creating a board of commissioners of Pierce County, so as to change the descriptions of the commissioner districts and provide for definitions and inclusions of parts of commissioner districts.
Referred to the Committee on State Planning & Community Affairs - Local.

THURSDAY, MARCH 9, 1995

1715

HB 1022. By Representative Smith of the 169th:
A bill to amend an Act entitled "An Act to revise and reenact the law creat ing a Board of Commissioners of Bacon County," so as to change the com pensation of the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1023. By Representatives Dobbs of the 92nd, Walker of the 87th and Stancil of the 91st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 506. By Representative White of the 161st:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly by law to provide that the operation of casino gaming shall be legal in this state and that any casino may be land based or water based, but that a casino shall be located only in a county which borders the Atlantic Ocean.
Referred to the Committee on Industry.

HR 513. By Representative White of the 161st:
A resolution proposing an amendment to the Constitution so as to provide for the imposition of a state-wide sales and use tax of 2 percent for five years and a state-wide sales and use tax of 1 percent thereafter, the proceeds of which shall be used exclusively for educational purposes prior to the college or secondary level.
Referred to the Committee on Ways & Means.

HR 514. By Representative Hegstrom of the 66th: A resolution creating the House Indian Affairs Study Committee.
Referred to the Committee on Rules.

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

HB 983 HB 984 HB 985 HB 986 HB 987 HB 988 HD 989 HB 990
UTJ QQ1
SB 992
HB 993
HB 994
HB 995
HB 996

HB 997 HB 998 HB 999 HB 1000 HB 1001 HB 1002 WD i A/IQ TM^
Xllv 4O1
HR 482
SB 71
SB 216
SB 278
SB 306

1716

JOURNAL OF THE HOUSE,

SB 394 SB 396 SB 397
SB 406 SB 411

SB 415 SB 434 SR 4
SR 248

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

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HR 411 Do Pass SB 354 Do Pass
Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

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

Mr. Speaker:
Your Committee on Governmental Affairs has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 22 Do Pass, by Substitute
Respectfully submitted, /s/ Holmes of the 53rd
Chairman

Representative Childers of the 13th District, Chairman of the Committee on Health & Ecology, submitted the following report:

Mr. Speaker:

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

SB 95 Do Pass, by Substitute SB 309 Do Pass, by Substitute

SB 367 Do Pass SR 139 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:

THURSDAY, MARCH 9, 1995

1717

Your Committee on Industry has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 35 Do Pass SB 131 Do Pass, by Substitute SB 351 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 7 Do Pass, by Substitute SB 18 Do Pass SB 160 Do Pass, by Substitute

SB 223 Do Pass, by Substitute SB 249 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 375 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
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 58 Do Pass
Respectfully submitted, /s/ Twiggs of the 8th
Chairman

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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 has had under consideration the following Bills and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 126 Do Pass SB 161 Do Pass, by Substitute SR 40 Do Pass
Respectfully submitted, M 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 800 Do Pass HB 947 Do Pass, by Substitute HB 948 Do Pass, by Substitute HB 951 Do Pass HB 952 Do Pass HB 953 Do Pass, by Substitute HB 956 Do Pass

HB 957 Do Pass HB 964 Do Pass HB 965 Do Pass HB 969 Do Pass HB 976 Do Pass HB 979 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, MARCH 9, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 35th Legislative Day as enu merated below:
HR 305 Health care reform; include mental health care benefits
SB 239 Governor's Council on Developmental Disabilities - create SB 243 Property - duly filed mortgage is constructive notice to purchaser SB 256 Policy Council for Children & Families - create SB 271 Optometrist Regulation - permissible pharmaceutical agents SB 279 Appellate Cts. - providing of cert, assistance SB 289 Fair Access to Insurance Requirements Plan - provide SB 326 Workers' Comp. - rates under assigned risk plan SB 331 Work.Comp. - clients of temp, help firm, employee leasing company SB 374 Agric. Dept. - solicit funds for Farmers/Consumers Mkt. Bulletin

THURSDAY, MARCH 9, 1995

1719

SR 102 Richmond Co. - leasing of cert. prop, owned by Bldg. Auth. SR 122 Educators Technology Training Commission - create SR 132 Wade R. Milam, Jr. Bridge - designate bridge on Hwy 109 SR 214 Dept. of Transportation - commend
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 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.

The report 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 947. By Representative Barnard of the 154th:
A bill to amend an Act creating a board of commissioners for Evans County, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six commissioner districts.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved July 22, 1922 (Ga. L. 1922, p. 357), so as to incorporate provisions of the order of the United States Dis trict Court for the Southern District of Georgia; to provide for six commissioner districts; to provide that the member representing each district shall be elected by a majority of the voters voting in the election who are residents of such district; to provide for inclusions; to provide for the election and terms of the commissioners; to provide that members in office on the effective date of this Act shall complete the terms for which they were elected; to provide for vacancies; to provide for the election and term of the chair of the board; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved July 22, 1922 (Ga. L. 1922, p. 357), is amended by striking in their entirety Sections 1 through 6 and inserting the following:

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"SECTION 1. The Board of Commissioners of Evans County shall consist of six members. The members of the board of commissioners shall be qualified voters of the county and shall reside in the election district from which they are elected.
SECTION 2. (a) This Act is intended to incorporate the provisions of the order of the United States District Court for the Southern District of Georgia in Woody, et ah v. Evans County Board of Commissioners, et al., Civil Action No. CV692-073, which order was entered April 7, 1994. (b) For the purposes of this Act, Evans County shall be divided into six Commissioner districts as follows:
COMMISSIONER DISTRICT 1: Being located in the central portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be where the Canoochee River intersects with County Road No. 147; thence northwesterly to County Road No. 149; thence north easterly along the east side of County Road No. 149 to the run of a branch; thence along the south side of the run of the branch in a southeasterly direction to the intersection of County Road 138; thence southeasterly along the east side of County Road 138 to U. S. Highway No. 25; thence southwesterly along the west side of U. S. Highway No. 25 to the Canoochee River; thence along the south side of the run of the Canoochee River in an easterly direction to the intersection of County Road No. 197; thence in a southerly direction along the west side of County Road No. 197 to the intersection of County Road No. 100; thence in a westerly and southerly direction along the north and west side of County Road No. 100 to the intersection of U. S. Highway No. 280; thence in a westerly direction along the north side of U. S. Highway No. 280 to the home of Iva Branan; thence in a northerly and westerly direction along the north side 'Old Savannah Highway' (behind the home of Iva Branan) to behind the Claxton Veterinary Clinic; thence in a southerly direction to the intersection of U. S. Highway 280; thence west along the north side of U. S. Highway 280 to Cedar Street; thence in a northerly direction along the east side of Cedar Street, in the city limits of Claxton, Georgia; thence in a westerly direction along the north side of Cedar Street to a branch; thence along the east side of the run of the branch in a northerly direction to Long Street; thence in a westerly direc tion along the north side of Long Street to the intersection of Church Street (County Road No. 147); thence in a northerly direction along the east side of Church Street (County Road No. 147) to the Canoochee River and THE POINT OF BEGINNING. COMMISSIONER DISTRICT 2: Being located in the central portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of Main Street and Church Street in the city limits of Claxton, Georgia; thence in a northerly direc tion along the west side of Church Street to the intersection of James Street; thence in a westerly direction along the south side of James Street to the intersec tion of Ralph Street; thence in a northerly direction along the west side of Ralph Street to the northern city limits border of Claxton, Georgia; thence in a westerly direction along the south side of the northern city limits border of Claxton, Geor gia to where the Claxton-Hagan city limits intersects; thence in a southeasterly direction along the east side of the Claxton-Hagan city limits to the intersection of Main Street; thence in a westerly direction along the south side of Main Street to Smith Street; thence in a southerly direction along east side of Smith Street to Turnpike Road a/k/a Pine Avenue; thence in a westerly direction along the south side of Turnpike Road to Hodges Street; thence in a northwesterly direction along the west side of Hodges Street to Main Street; thence in a southwesterly direction along the south side of Main Street to the western city limit boundaries of Hagan, Georgia; thence southeasterly along the east side of the western city limit boundaries of Hagan, Georgia to the southern city limit boundaries of

THURSDAY, MARCH 9, 1995

1721

Hagan; thence in a northeasterly direction along the north side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northwesterly direction along the west side of the eastern city limit boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the north side of the southern city limit boundaries of Claxton to Peters Street; thence in a northerly direction along the west side of Peters Street to Park Drive; thence in an easterly direction along the north side of Park Drive to Anderson Drive; thence in a northerly direction along the west side of Anderson Drive to Main Street; thence in an westerly direction along the south side of Main Street to the intersection of Main Street and Church Street and THE POINT OF BEGINNING.
COMMISSIONER DISTRICT 3:
Being located in the northern portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of County Road No. 16 and the western county line of Evans County, Georgia; thence in a northwest erly direction along the west side of the northwest county line of Evans County to the northern county line of Evans County; thence in an easterly and southeast erly direction along the county line of Evans County to the Canoochee River; thence in a westerly and northwesterly direction along the north side of the Canoochee River to U. S. Highway No. 25; thence in a northeasterly direction along the east side of U. S. Highway No. 25 to the intersection of County Road 138; thence in a northwesterly direction along the west side of County Road 138 to the run of a branch; thence in a northwesterly direction along the run of the branch to its intersection with County Road 149; thence southwesterly along the west side of County Road No. 149 to County Road No. 147; thence in a southeast erly direction along the southwesterly side of County Road No. 147 to where Cedar Creek empties into the Canoochee River; thence southerly along the west side of the run of Cedar Creek to State Highway No. 129; thence northwesterly along the north side of State Highway No. 129 to County Road No. 20; thence westerly along the north side of County Road No. 20 to County Road No. 16; thence westerly along the north side of County Road No. 16 to the western county line of Evans County, Georgia, and THE POINT OF BEGINNING.
COMMISSIONER DISTRICT 4:
Being located in the southeastern portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of U. S. Highway No. 280 and the center of the eastern county line of Evans County; thence southeast erly along the west side of the county line to the southern county line of Evans County; thence in a westerly direction along the north side of the southern county line to the intersection of State Highway No. 250; thence in a northeasterly direc tion along the east side of State Highway No. 250 to County Road No. 74; thence in a west and northwesterly direction along the northeast side of County Road No. 74 to State Highway No. 129; thence in a northwesterly direction along the east side of State Highway No. 129 to County Road No. 87; thence northwesterly along the north side of County Road No. 87 to County Road No. 58; thence west erly along the north side of County Road No. 58 to the intersection of U.S. High way 25; thence northerly along the east side of U.S. Highway 25 to County Road No. 59; thence northerly along the east side of County Road No. 59 to the south ern city limit boundaries of Claxton, Georgia; thence in a westerly direction along the east side of the southern city limit boundaries to Peters Street; thence north erly along the east side of Peters Street to Park Drive; thence easterly along the east side of Park Drive to Anderson Drive; thence north along the east side of Anderson Drive to Main Street a/k/a U. S. Highway 280; thence easterly along the south side of Main Street to River Street; thence north along the east side of River Street to Long Street; thence east along the south side of Long Street to the run of a branch; thence southerly along the west side of the run of the branch

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to Cedar Street; thence south on the west side of Cedar Street to U. S. Highway No. 280; thence east along the south side of U. S. Highway No. 280 to the Claxton Veterinary Clinic; thence northwest along the south side of the 'Old Savannah Highway' (behind the Claxton Veterinary Clinic) to the home of Iva Branan; thence south to U. S. Highway No. 280; thence easterly along the south side of U. S. Highway No. 280 to County Road No. 100; thence north and east along the east and south side of County Road No, 100 to County Road No. 197; thence in a northerly direction along the east side of County Road No. 197 to the Canoochee River; thence in a southeasterly direction along the south side of the Canoochee River to the southeast county line of Evans County; thence in a south easterly direction along west side of the county line to the southern county line of Evans County; thence in a westerly direction along the north side of the south ern county line to State Highway 250 and THE POINT OF BEGINNING.
COMMISSIONER DISTRICT 5:
Being located in the southwestern portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of State Highway No. 250 and the center of the southern county line of Evans County, Georgia; thence in a westerly direction along the north side of the southern county line to the southwestern county line of Evans County, thence northerly along the east side of the county line to the intersection of County Road No. 16; thence easterly along the south side of County Road No. 16 to County Road No. 20; thence in a southeasterly direction along the south side of County Road No. 20 to State Highway No. 129; thence in a southeasterly direction along the southwest side State Highway No. 129 to Cedar Creek; thence in a southwesterly direction along the north side of Cedar Creek to County Road No. 188; thence in a southeasterly direction along the west side of County Road No. 188 to the 'Old Lyons Club Road'; thence in a southwesterly direction along the northwest side of the 'Old Lyons Club Road' to County Road No. 26; thence along the northern side of County Road No. 26 to the northwestern city limit boundaries of Hagan, Georgia; thence along the west side of the northwestern city limit boundaries to the west ern city limit boundaries of Hagan; thence in a southerly direction along west side of the western city limit boundaries of Hagan to the southern city limit bounda ries of Hagan; thence in a northeasterly direction along the south side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northerly direction along the east side of the eastern city limit boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the south side of the southern city limit boundaries to County Road No. 59; thence in a southerly direction along the west side of County Road No. 59 to U.S. Highway 25; thence southerly along U.S. Highway 25 to County Road No. 58; thence in a southeasterly direction along the south side of County Road No. 58 to County Road No. 87; thence in a southeast ern direction along the southwest side of County Road No. 87 to State Highway No. 129; thence in a southeastern direction along the west side of State Highway No. 129 to County Road No. 74; thence in a southerly direction along the west side of County Road No. 74 to State Highway No. 250; thence in a southwesterly direction along the west side of State Highway No. 250 to the center of the south ern county line of Evans County and THE POINT OF BEGINNING.
COMMISSIONER DISTRICT 6:
Being located in the central portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of Main Street and River Street; thence in a northerly direction along the east side of River Street to Long Street; thence in a westerly direction along the south side of Long Street to Church Street; thence in a northwesterly direction along the west side Church Street to Cedar Creek; thence in a southwesterly direction along the south side of Cedar Creek to County Road No. 188; thence southerly along the east side of

THURSDAY, MARCH 9, 1995

1723

County Road No. 188 to the 'Old Lyons Club Road'; thence in a southwesterly direction along the south side of the 'Old Lyons Club Road' to County Road No. 26; thence southeasterly along the east side of County Road No. 26 to the east side of the northwestern city limit boundaries of Hagan, Georgia; thence along the east side of the northwestern city limit boundaries of Hagan to U. S. Highway No. 280 a/k/a Main Street; thence in a easterly direction along the north side of Main Street to Hodges Street; thence south along the east side of Hodges Street to Pine Avenue a/k/a Turnpike Road; thence in an easterly direction along the north side of Turnpike Road to Smith Street in Hagan; thence in a northerly direction along the west side of Smith Street to Main Street; thence in an easterly direction along the north side of Main Street of the Claxton-Hagan city limit boundary; thence north along the west side of the Claxton-Hagan city limit boundary to the north west city limit boundary of Claxton, Georgia; thence in a northeasterly direction along the north side of the northwest city limit boundary of Claxton to the north city limit boundary of Claxton; thence east along the north side of the north city limit boundary of Claxton to Ralph Street; thence south along the east side of Ralph Street to James Street; thence east along the north side of James Street to Church Street; thence south along the east side of Church Street to Main Street; thence east along the north side of Main Street to River Street and THE POINT OF BEGINNING, (c) For purposes of this section: (1) Any part of Evans County which is not included in any commissioner district described in this section shall be included within that commissioner district contigu ous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (2) Any part of Evans County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such com missioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contig uous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (3) Where the boundaries of commissioner districts fall on streets, roads, or highways, the boundary lines of the commissioner districts shall follow the centerline of such streets, roads, or highways.
SECTION 3. (a) The members of the board of commissioners in office on the effective date of this Act shall complete the terms for which they were elected in accordance with the order of the court in Woody, et aL v. Evans County Board of Commissioners, et al. (b) The terms of office of the members elected from Commissioner Districts 2, 4, and 6 shall expire on the Sunday before the first Monday of January in 1997, and when their successors are elected and qualified. Their successors shall be elected in the general elec tion in November, 1996, and shall take office on the first Monday in January, 1997. (c) The terms of office of members elected from Commissioner Districts 1, 3, and 5 shall expire on the Sunday before the first Monday of January in 1999, and when their suc cessors are elected and qualified. Their successors shall be elected in the general election in November, 1998, and shall take office on the first Monday in January, 1999. (d) Thereafter, successors shall be elected in the November general election in the year preceding the expiration of the respective terms of office and shall take office for terms of four years on the first Monday in January immediately following their election.
SECTION 4. Each candidate for membership on the board shall be a qualified voter who resides in the district which he or she is seeking to represent. Each member of the board shall be elected by a majority of the qualified voters residing in the district and voting in such election.
SECTION 5. (a) A member who moves such member's residence from the district he or she repre sents shall create a vacancy in office for such district.

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(b) Vacancies in office shall be filled in accordance with Georgia law.
SECTION 6. The members of the board of commissioners shall elect by majority vote one of the mem bers as chair of the board at the first meeting of the board in each year."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 948. By Representative Barnard of the 154th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Evans County and for the election of the members of said board, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six education districts.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, approved March 26, 1987 (Ga. L. 1987, p. 4782), so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six education districts; to pro vide that the member representing each district shall be elected by a majority of the voters voting in the election who are residents of such district; to provide for inclusions; to pro vide for at-large election of a chairperson of the board from the entire voting population of the county; to provide for the qualifications, election, and terms of the members and chairperson of the board; to provide that members in office on the effective date of this Act shall complete the terms for which they were elected; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, approved March 26, 1987 (Ga. L. 1987, p. 4782), is amended by striking in its entirety Sections 1 and 2 and inserting in lieu thereof the following:
"SECTION 1. The Board of Education of Evans County, hereafter referred to in this Act as 'the board,' shall consist of six members and a chairperson of the board who shall be elected as pro vided in this Act.
SECTION 2. (a) This Act is intended to incorporate the provisions of the order of the United States District Court for the Southern District of Georgia in Woody, et aL y^ Evans County Board of Commissioners, et al., Civil Action No. CV692-073, which order was entered April 7, 1994. (b) For the purpose of electing the members of the board other than the chairperson, the Evans County School District shall be divided into six education districts as follows:

THURSDAY, MARCH 9, 1995

1725

EDUCATION DISTRICT 1: Being located in the central portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be where the Canoochee River intersects with County Road No. 147; thence northwesterly to County Road No. 149; thence north easterly along the east side of County Road No. 149 to the run of a branch; thence along the south side of the run of the branch in a southeasterly direction to the intersection of County Road 138; thence southeasterly along the east side of County Road 138 to U. S. Highway No. 25; thence southwesterly along the west side of U. S. Highway No. 25 to the Canoochee River; thence along the south side of the run of the Canoochee River in an easterly direction to the intersection of County Road No. 197; thence in a southerly direction along the west side of County Road No. 197 to the intersection of County Road No. 100; thence in a westerly and southerly direction along the north and west side of County Road No. 100 to the intersection of U. S. Highway No. 280; thence in a westerly direction along the north side of U. S. Highway No. 280 to the home of Iva Branan; thence in a northerly and westerly direction along the north side 'Old Savannah Highway' (behind the home of Iva Branan) to behind the Claxton Veterinary Clinic; thence in a southerly direction to the intersection of U. S. Highway 280; thence west along the north side of U. S. Highway 280 to Cedar Street; thence in a northerly direction along the east side of Cedar Street, in the city limits of Claxton, Georgia; thence in a westerly direction along the north side of Cedar Street to a branch; thence along the east side of the run of the branch in a northerly direction to Long Street; thence in a westerly direc tion along the north side of Long Street to the intersection of Church Street (County Road No. 147); thence in a northerly direction along the east side of Church Street (County Road No. 147) to the Canoochee River and THE POINT OF BEGINNING.
EDUCATION DISTRICT 2:
Being located in the central portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of Main Street and Church Street in the city limits of Claxton, Georgia; thence in a northerly direc tion along the west side of Church Street to the intersection of James Street; thence in a westerly direction along the south side of James Street to the intersec tion of Ralph Street; thence in a northerly direction along the west side of Ralph Street to the northern city limits border of Claxton, Georgia; thence in a westerly direction along the south side of the northern city limits border of Claxton, Geor gia to where the Claxton-Hagan city limits intersects; thence in a southeasterly direction along the east side of the Claxton-Hagan city limits to the intersection of Main Street; thence in a westerly direction along the south side of Main Street to Smith Street; thence in a southerly direction along east side of Smith Street to Turnpike Road a/k/a Pine Avenue; thence in a westerly direction along the south side of Turnpike Road to Hodges Street; thence in a northwesterly direction along the west side of Hodges Street to Main Street; thence in a southwesterly direction along the south side of Main Street to the western city limit boundaries of Hagan, Georgia; thence southeasterly along the east side of the western city limit boundaries of Hagan, Georgia to the southern city limit boundaries of Hagan; thence in a northeasterly direction along the north side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northwesterly direction along the west side of the eastern city limit boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the north side of the southern city limit boundaries of Claxton to Peters Street; thence in a northerly direction along the west side of Peters Street to Park Drive; thence in an easterly direction along the north side of Park Drive to Anderson Drive; thence in a northerly direction along the west side of Anderson Drive to Main Street; thence in an westerly direction along the south side of Main Street to the intersection of Main Street and Church
Street and THE POINT OF BEGINNING.

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EDUCATION DISTRICT 3:
Being located in the northern portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of County Road No. 16 and the western county line of Evans County, Georgia; thence in a northwest erly direction along the west side of the northwest county line of Evans County to the northern county line of Evans County; thence in an easterly and southeast erly direction along the county line of Evans County to the Canoochee River; thence in a westerly and northwesterly direction along the north side of the Canoochee River to U. S. Highway No. 25; thence in a northeasterly direction along the east side of U. S. Highway No. 25 to the intersection of County Road 138; thence in a northwesterly direction along the west side of County Road 138 to the run of a branch; thence in a northwesterly direction along the run of the branch to its intersection with County Road 149; thence southwesterly along the west side of County Road No. 149 to County Road No. 147; thence in a southeast erly direction along the southwesterly side of County Road No. 147 to where Cedar Creek empties into the Canoochee River; thence southerly along the west side of the run of Cedar Creek to State Highway No. 129; thence northwesterly along the north side of State Highway No. 129 to County Road No. 20; thence westerly along the north side of County Road No. 20 to County Road No. 16; thence westerly along the north side of County Road No. 16 to the western county line of Evans County, Georgia, and THE POINT OF BEGINNING.
EDUCATION DISTRICT 4:
Being located in the southeastern portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of U. S. Highway No. 280 and the center of the eastern county line of Evans County; thence southeast erly along the west side of the county line to the southern county line of Evans County; thence in a westerly direction along the north side of the southern county line to the intersection of State Highway No. 250; thence in a northeasterly direc tion along the east side of State Highway No. 250 to County Road No. 74; thence in a west and northwesterly direction along the northeast side of County Road No. 74 to State Highway No. 129; thence in a northwesterly direction along the east side of State Highway No. 129 to County Road No. 87; thence northwesterly along the north side of County Road No. 87 to County Road No. 58; thence west erly along the north side of County Road No. 58 to the intersection of U.S. High way 25; thence northerly along the east side of U.S. Highway 25 to County Road No. 59; thence northerly along the east side of County Road No. 59 to the south ern city limit boundaries of Claxton, Georgia; thence in a westerly direction along the east side of the southern city limit boundaries to Peters Street; thence north erly along the east side of Peters Street to Park Drive; thence easterly along the east side of Park Drive to Anderson Drive; thence north along the east side of Anderson Drive to Main Street a/k/a U. S. Highway 280; thence easterly along the south side of Main Street to River Street; thence north along the east side of River Street to Long Street; thence east along the south side of Long Street to the run of a branch; thence southerly along the west side of the run of the branch to Cedar Street; thence south on the west side of Cedar Street to U. S. Highway No. 280; thence east along the south side of U. S. Highway No. 280 to the Claxton Veterinary Clinic; thence northwest along the south side of the 'Old Savannah Highway' (behind the Claxton Veterinary Clinic) to the home of Iva Branan; thence south to U. S. Highway No. 280; thence easterly along the south side of U. S. Highway No. 280 to County Road No. 100; thence north and east along the east and south side of County Road No. 100 to County Road No. 197; thence in a northerly direction along the east side of County Road No. 197 to the Canoochee River; thence in a southeasterly direction along the south side of the Canoochee River to the southeast county line of Evans County; thence in a south easterly direction along west side of the county line to the southern county line

THURSDAY, MARCH 9, 1995

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of Evans County; thence in a westerly direction along the north side of the south ern county line to State Highway 250 and THE POINT OF BEGINNING.
EDUCATION DISTRICT 5:
Being located in the southwestern portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of State Highway No. 250 and the center of the southern county line of Evans County, Georgia; thence in a westerly direction along the north side of the southern county line to the southwestern county line of Evans County, thence northerly along the east side of the county line to the intersection of County Road No. 16; thence easterly along the south side of County Road No. 16 to County Road No. 20; thence in a southeasterly direction along the south side of County Road No. 20 to State Highway No. 129; thence in a southeasterly direction along the southwest side State Highway No. 129 to Cedar Creek; thence in a southwesterly direction along the north side of Cedar Creek to County Road No. 188; thence in a southeasterly direction along the west side of County Road No. 188 to the 'Old Lyons Club Road'; thence in a southwesterly direction along the northwest side of the 'Old Lyons Club Road' to County Road No. 26; thence along the northern side of County Road No. 26 to the northwestern city limit boundaries of Hagan, Georgia; thence along the west side of the northwestern city limit boundaries to the west ern city limit boundaries of Hagan; thence in a southerly direction along west side of the western city limit boundaries of Hagan to the southern city limit bounda ries of Hagan; thence in a northeasterly direction along the south side of the southern city limit boundaries of Hagan to the eastern city limit boundaries of Hagan; thence in a northerly direction along the east side of the eastern city limit boundaries of Hagan to the southern city limit boundaries of Claxton, Georgia; thence in an easterly direction along the south side of the southern city limit boundaries to County Road No. 59; thence in a southerly direction along the west side of County Road No. 59 to U.S. Highway 25; thence southerly along U.S. Highway 25 to County Road No. 58; thence in a southeasterly direction along the south side of County Road No. 58 to County Road No. 87; thence in a southeast ern direction along the southwest side of County Road No. 87 to State Highway No. 129; thence in a southeastern direction along the west side of State Highway No. 129 to County Road No. 74; thence in a southerly direction along the west side of County Road No. 74 to State Highway No. 250; thence in a southwesterly direction along the west side of State Highway No. 250 to the center of the south ern county line of Evans County and THE POINT OF BEGINNING.
EDUCATION DISTRICT 6:
Being located in the central portion of Evans County, Georgia, and being bounded as follows:
THE POINT OF BEGINNING shall be at the intersection of Main Street and River Street; thence in a northerly direction along the east side of River Street to Long Street; thence in a westerly direction along the south side of Long Street to Church Street; thence in a northwesterly direction along the west side Church Street to Cedar Creek; thence in a southwesterly direction along the south side of Cedar Creek to County Road No. 188; thence southerly along the east side of County Road No. 188 to the 'Old Lyons Club Road'; thence in a southwesterly direction along the south side of the 'Old Lyons Club Road' to County Road No. 26; thence southeasterly along the east side of County Road No. 26 to the east side of the northwestern city limit boundaries of Hagan, Georgia; thence along the east side of the northwestern city limit boundaries of Hagan to U. S. Highway No. 280 a/k/a Main Street; thence in a easterly direction along the north side of Main Street to Hodges Street; thence south along the east side of Hodges Street to Pine Avenue a/k/a Turnpike Road; thence in an easterly direction along the north side of Turnpike Road to Smith Street in Hagan; thence in a northerly direction along the west side of Smith Street to Main Street; thence in an easterly direction along the north side of Main Street of the Claxton-Hagan city limit boundary; thence

1728

JOURNAL OF THE HOUSE,

north along the west side of the Claxton-Hagan city limit boundary to the north west city limit boundary of Claxton, Georgia; thence in a northeasterly direction along the north side of the northwest city limit boundary of Claxton to the north city limit boundary of Claxton; thence east along the north side of the north city limit boundary of Claxton to Ralph Street; thence south along the east side of Ralph Street to James Street; thence east along the north side of James Street to Church Street; thence south along the east side of Church Street to Main Street; thence east along the north side of Main Street to River Street and THE POINT OF BEGINNING, (c) For purposes of this section: (1) Any part of the Evans County School District which is not included in any educa tion district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (2) Any part of the Evans County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district con tiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (3) Where the boundaries of education districts fall on streets, roads, or highways, the boundary lines of the education districts shall follow the centerline of such streets, roads, or highways."
SECTION 2. Said Act is further amended by striking in their entirety Sections 3 and 4 and inserting in lieu thereof the following:
"SECTION 3. (a) The members of the board of education in office on the effective date of this Act shall complete the terms for which they were elected in accordance with the order of the court in Woody, et aL v. Evans County Board of Commissioners, et al. (b) The terms of office of the members elected from Education Districts 2, 4, and 6 shall expire on the Sunday before the first Monday of January in 1997 and when their successors are elected and qualified. Their successors shall be elected in the general elec tion in November, 1996, and shall take office on the first Monday in January, 1997. (c) The terms of office of the chairperson of the board and members elected from Edu cation Districts 1, 3, and 5 shall expire on the Sunday before the first Monday of Janu ary in 1999 and when their successors are elected and qualified. Their successors shall be elected in the general election in November, 1998, and shall take office on the first Monday in January, 1999. (d) Thereafter, successors shall be elected in the November general election in the year preceding the expiration of the respective terms of office and shall take office for terms of four years on the first Monday in January immediately following their election.
SECTION 4. (a) All members of the board shall be registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided within Evans County for at least one year immediately preceding the date of their election. (b) The chairperson of the board may reside anywhere within the Evans County School District and shall be elected by a majority of the voters voting on an at-large basis. (c) One member shall be elected from each of the six education districts provided for in Section 2 of this Act. In addition to the residency requirement of subsection (a) of this section, a member elected from an education district shall have been a resident of that district for at least six months immediately preceding the date of election and must remain a resident of such district during his or her term of office. If a member repre senting an education district ceases to be a resident of that district during a term of office, that member's position on the board shall become vacant. A member representing

THURSDAY, MARCH 9, 1995

1729

an education district shall be elected by a majority of the voters voting within that edu cation district."
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 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 951. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to create the Cherokee County Parks and Recreation Authority.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 952. By Representative Coleman of the 80th:
A bill to amend an Act providing a new charter for the City of Duluth, so as to clarify the corporate limits of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 953. By Representatives Towery of the 30th, Klein of the 39th, Shipp of the 38th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriffs chief deputy, the chief investigator, and the executive assist ant.

The following Committee substitute was read and adopted:

A BILL
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary sys tem, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), so as to change the compensation of the sheriffs chief deputy, the chief investigator, and the executive assistant; to provide for qualifications of and requirements for the chief deputy; to provide for annual cost-of-living increases up to a maximum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

1730

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), is amended by striking Section 5 and insert ing in lieu thereof a new Section 5 to read as follows:
"SECTION 5. (a) The salary of the sheriff of Cobb County shall be $70,506.00 per annum, to be paid in equal monthly installments from the funds of Cobb County.
(b)(l) The sheriff of Cobb County shall have one chief deputy whose salary shall at all times be no less than $60,000.00 and no greater than $85,000.00 per annum, pay able in equal monthly installments from the funds of Cobb County. There shall be added to the salary a 3 percent cost-of-living increase for each year of service up to four years and a 2 percent annual cost-of-living increase for each year thereafter only so long as the maximum salary is not exceeded. The annual cost-of-living increase shall go into effect on February 1 of each year; provided, however, that no chief dep uty shall be entitled to such an increase unless he or she has held the position for at least one year prior to the increase. The Board of Commissioners of Cobb County is instructed to calculate the salary payable to the chief deputy serving on February 1, 1995, using the minimum salary with appropriate increases for all years of service added thereto. All future chief deputies shall commence employment at the minimum salary with increases to follow to be calculated by the board of commissioners using this percentage formula. (2) The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. The chief deputy shall possess the same qualifications as those required of the sheriff in Code Section 15-16-1 of the O.C.G.A. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. (3) In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the gov erning authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other depu ties above provided for, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c)(l) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and con trol, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the State Bar of Georgia or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university.

THURSDAY, MARCH 9, 1995

1731

(2) The salary of the chief investigator shall at all times be no less than $58,000.00 and no greater than $80,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. There shall be added to the salary a 3 percent costof-living increase for each year of service up to four years and a 2 percent annual costof-living increase for each year thereafter only so long as the maximum salary is not exceeded. The annual cost-of-living increase shall go into effect on February 1 of each year; provided, however, that no chief investigator shall be entitled to such an increase unless he or she has held the position for at least one year prior to the increase. The Board of Commissioners of Cobb County is instructed to calculate the salary payable to the chief investigator serving on February 1, 1995, using the minimum salary with appropriate increases for all years of service added thereto. All future chief investiga tors shall commence employment at the minimum salary with increases to follow to be calculated by the board of commissioners using this percentage formula. (d)(l) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The execu tive assistant shall be appointed by the sheriff, shall be under his or her direct super vision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. (2) The salary of the executive assistant shall at all times be no less than $35,000.00 and no greater than $52,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. There shall be added to the salary a 3 percent costof-living increase for each year of service up to four years and a 2 percent annual costof-living increase for each year thereafter only so long as the maximum salary is not exceeded. The annual cost-of-living increase shall go into effect on February 1 of each year; provided, however, that no executive assistant shall be entitled to such an increase unless he or she has held the position for at least one year prior to the increase. The Board of Commissioners of Cobb County is instructed to calculate the salary payable to the executive assistant serving on February 1, 1995, using the mini mum salary with appropriate increases for all years of service added thereto. All future executive assistants shall commence employment at the minimum salary with increases to follow to be calculated by the board of commissioners using this percent age formula."
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 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HB 956. By Representative James of the 140th:
A bill to amend an Act providing for the board of education for the Macon County School District, so as to provide for compensation for the members of such board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.

1732

JOURNAL OF THE HOUSE,

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

HB 957. By Representative Bargeron of the 120th:
A bill to amend an Act to make provisions for the Magistrate Court of Jef ferson County, so as to change the compensation of the chief deputy magis trate.

The report 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 964. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members 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 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 965. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 969. By Representatives Mobley of the 69th, Randolph of the 72nd, Polak of the 67th, McClinton of the 68th, Sherrill of the 62nd and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 7.
The Bill, having received the requisite constitutional majority, was passed.

HB 976. By Representatives Klein of the 39th, Towery of the 30th, Sauder of the 29th, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

THURSDAY, MARCH 9, 1995

1733

The report 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 979. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for the appointment of certain committees; to provide for certain duties of the mayor; to provide for certain officers and employees 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 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 419. By Senators Edge of the 28th and Langford of the 29th:
A bill to create and establish the Griffin-Spalding County Charter and Unifi cation Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses.

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.

HB 814. By Representatives Skipper of the 137th and James of the 140th: A bill to create the Taylor County Water and Sewerage Authority.

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.

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.

1734

JOURNAL OF THE HOUSE,

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.

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.

HB 799. By Representatives McClinton of the 68th, McKinney of the 51st, Martin of the 47th 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.

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.

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".

HB 510. By Representatives Skipper of the 137th, Hanner of the 159th, Floyd of the 138th 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.

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.

HB 594. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th 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.

THURSDAY, MARCH 9, 1995

1735

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 Senate has adopted by the requisite constitutional majority the following resolu tion of the Senate:

SR 232. By Senators Burton of the 5th, Hill of the 4th, Pollard of the 24th and oth ers:
A resolution urging the State Board of Education to designate Veterans Day as a school holiday.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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.

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.

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.

HB 462. By Representatives Watson of the 139th, Walker of the 141st, Skipper of the 137th 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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

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JOURNAL OF THE HOUSE,

HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others:
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.

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.

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.

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

SB 419. By Senators Edge of the 28th and Langford of the 29th:
A bill to create and establish the Griffin-Spalding County Charter and Unifi cation Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses.
Referred to the Committee on State Planning & Community Affairs - Local.

SR 232. By Senators Burton of the 5th, Hill of the 4th, Pollard of the 24th and oth ers:
A resolution urging the State Board of Education to designate Veterans Day as a school holiday.
Referred to the Committee on Rules.

Representative Barnes of the 33rd arose to a point of personal privilege and addressed the House.

By unanimous consent, the following Resolution of the Senate was withdrawn from the Committee on Rules and referred to the Committee on University System of Georgia:

SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd, Thomas of the 10th and Dean of the 31st:
A resolution creating the Community Economic Development Task Force to coordinate and promote growth and economic development efforts of rural, minority, and economically distressed communities of Georgia.

THURSDAY, MARCH 9, 1995

1737

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 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.

The following amendment was read and adopted:

Representative Snelling of the 99th moves to amend HR 305 as follows: Page 3 line 6 insert between the words "that" & "every" the words "where warranted by clinical diagnosis & where feasible" Page 3 line 16 replace word "necessity" with words "clinical diagnosis".

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
Baker Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates
Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove N Brooks, D Y Brooks, T
Brown, G N 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 Crawford

N Crews Y Culbreth Y Cummings
Davis, G N Davis, M YDay
Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs N 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 E 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 N Joyce NKaye Y Kinnamon Y Klein
NLadd N Lakly YLane Y Lawrence YLee Y Lewis
Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton
McKinney N 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 Postal Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Reaves Y Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan YShaw Sherrill Y Shipp
Y Simpson Sinkfield
Y Skipper Y Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T 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
Teague Y Teper Y Thomas Y Tillman N Titus Y Towery Y Trense
Turnquest Y Twiggs Y Walker, L N Walker, R.L YWall
Y Watson Y Watts N Westmorland Y Whitaker
White N Wiles
Williams, B Y Williams, J Y Williams, R N Woods NYates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 136, nays 21.

1738

JOURNAL OF THE HOUSE,

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

SR 214. By Senators Broun of the 46th, Thompson of the 33rd, Taylor of the 12th, Hooks of the 14th, Brown of the 26th and others:
A resolution commending the Department of Transportation.

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

Ashe Y Bailey
Baker 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
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
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
Heard Y Heckstall Y Hegstrom Y Hembree E 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 Y Ladd 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
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 Y Scoggins Y Shanahan
Shaw Sherrill Y Shipp Y Simpson Sinkt'ield 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
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 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 156, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

SB 331. By Senators Taylor of the 12th, Pollard of the 24th, Madden of the 47th and Isakson of the 21st:
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.

THURSDAY, MARCH 9, 1995

1739

The following amendment was read and adopted:

Representative Kinnamon of the 4th moves to amend SB 331 by adding on line 5 of page 1 after the word "apply" and before the word "to" the following:
"and extend".
By adding on line 11 of page 1 after the semicolon and before the word "to" the following:
"to provide an effective date;".
By adding following Section 1 a new Section 2 to read as follows:
"SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval."
By redesignating Section 2 as Section 3.

Pursuant to Rule 134, Representative Connell of the 115th was excused from voting on SB 331.

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 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
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
Connell YCox Y Grawford

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
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 E Henson Y Holland Y Holmes
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 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
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
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

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson
Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense 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 passage of the Bill, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

1740

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.

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.

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
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 Y 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 Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Dixon, H Y Dixon, S Y Dobbs 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 E 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 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
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 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
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, the ayes were 159, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

THURSDAY, MARCH 9, 1995

1741

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
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
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 E 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
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 Y Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers
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 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
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, the ayes were 163, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

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 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 N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter

Y Chambless Y Channell Y Childers Y Coker
CoJeman, 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

1742

JOURNAL OF THE HOUSE,

Y Dixon, H Y 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 YHart Y Heard Y Heckstall
Y Hegstrom
Y Hembree E 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
Lakly YLane
Y Lawrence
YLee Y Lewis N Lifsey YLord
Lucas 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
Pelote
Y Perry
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
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
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, the ayes were 158, nays 2. The Bill, having received the requisite constitutional majority, was passed.

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.

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 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 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
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 E Henson Y Holland
Y 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
Y Kinnamon
Y Klein
YLadd Y Lakly YLane
Y Lawrence
Y Lee Y Lewis Y Lifsey YLord
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 Y Randall Y Randolph
YRay Y Reaves Y Reichert

THURSDAY, MARCH 9, 1995

1743

Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan Y Shaw Y Sherrill YShipp Y Simpson

Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Y Smith, W YSmyre Y Snelling

Y Snow 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
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 164, nays 0. The Bill, having received the requisite constitutional majority, was passed.

SB 374. By Senators Madden of the 47th, Middleton of the 50th, McGuire of the 30th, Gillis of the 20th, Pollard of the 24th 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 following substitute, offered by Representative Purcell of the 147th, et al., was read and adopted:

A BILL
To amend Chapter 2 of Title 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, so as to authorize the Commissioner of Agriculture to publicize and request voluntary contributions to be used exclusively for the compilation, publication, printing, and distribution of the Farmers and Consumers Market Bulletin; 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 2 of the Official Code of Georgia Annotated, relating to the Department of Agriculture, is amended by adding, following Code Section 2-2-8, a new Code Section 2-2-8.1 to read as follows:
"2-2-8.1. The Commissioner is authorized to publicize and request, by means of publication of appropriate notices in the Farmers and Consumers Market Bulletin, contributions to be used exclusively for the compilation, publication, printing, and distribution of the Far mers and Consumers Market Bulletin. Any voluntary contribution made for such pur pose shall be received by the Commissioner, shall be separately accounted for, need not be deposited in the state treasury, and shall be used and expended solely for the pur pose donated."
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.

1744

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 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 YEpps Y Evans Y Falls
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 E 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 Y Lord
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
Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts
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
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 168, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

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.

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 Y Byrd Y Campbell Y Canty Y Carter

Y Chambless Y Channell Y Childers Y Coker
Coleman, B Y Coleman, T Y Connell
Cox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G N Davis, M
Day Y DeLoach, B Y DeLoach, G
YDix

THURSDAY, MARCH 9, 1995

1745

Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
YEpps Evans
Y Falls Y Felton
Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley
Manner
Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree E Henson Y Holland Y Holmes Y Howard
Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein YLadd N 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 N 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

Rogers Y Royal N Sanders Y Sauder Y 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 N Smith, V Smith, W Smyre N 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
Towery Trense Y Turnquest Twiggs Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmoreland
N Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods N Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 140, nays 11. The Resolution, having received the requisite constitutional majority, was adopted.

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.

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 Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Y Birdsong Y Bordeaux Y Bostick
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 YEpps
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
Heckstall Y Hegstrom Y Hembree E 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
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

1746

JOURNAL OF THE HOUSE,

Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts
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 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 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 N Woods Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 164, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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 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
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 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 Godbee Y Golden Y Goodwin Y Greene Y Grindley Manner Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom
Y Hembree E 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
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
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

On the passage of the Bill, the ayes were 161, nays 0.

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 Towery Y Trense Y 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 Y Yates
Murphy, Spkr

THURSDAY, MARCH 9, 1995

1747

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

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.

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

Ashe Y 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 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

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 Bhrhart YEpps 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 E Henson Y Holland Y 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 Y Kinnamon
Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Y Martin Y McBee McCall Y McClinton McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller 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
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
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 160, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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 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
Bordeaux

Y Bostick Y Breedlove Y Brooks, D

1748

JOURNAL OF THE HOUSE,

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
Cox Y Crawford
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 Y Hart Y Heard Y Heckstall Y Hegstrom
Y Hembree E Henson Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamiesun Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Jones

Y Joyce Kaye
Y Kinnamon Y Klein YLadd
Lakly YLane
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
Mueller Y O'Neal
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
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
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 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 157, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

By unanimous consent, further consideration of SB 256 was postponed until Friday, March 10, 1995.

The following Resolutions of the House were read and adopted:

HR 515. By Representatives Brooks of the 54th, McKinney of the 51st, Canty of the 52nd, Davis of the 48th, Holmes of the 53rd and others:
A resolution expressing regret at the passing of Margie Pitts Hames.

HR 516. By Representative Walker of the 87th: A resolution commending Gail Evans Bayes, M.S.W.

HR 517. By Representatives Pinholster of the 15th, Stancil of the 16th, Whitaker of the 7th, Harris of the 17th and Lifsey of the 6th:
A resolution commending Mrs. Jo Thurman.

THURSDAY, MARCH 9, 1995

1749

HR 518. By Representative Coker of the 31st: A resolution commending David Freeman Henson.

HR 519. By Representatives Royal of the 164th, Carter of the 166th and Bostick of the 165th:
A resolution recognizing and commending Jack N. Gay.

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

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

1750

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, March 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 Baker Barnard Barnes Bates Benefield Birdsong Bostick Breedlove Brooks, D Brooks, T Brown, G
Brown, J
Buck Bunn Burkhalter
Byrd
Campbell Canty Carter Chambless Channell 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 Golden Greene Grindley Harbin Harris Hart Heard
Hegstrom
Hembree
Henson Holland Hudson

Hugley Irvin James Jamieson Jenkins Johnson, G Johnson, J Johns ton Joyce Kaye Kinnamon Klein Ladd
Lakly
Lane Lawrence Lee Lewis Lord Maddox Mann Martin McBee McCall McKinney Mills
Mobley, J Mosley

Mueller
O'Neal Orrock Parsons Pelote Perry Pinholster Porter Powell
Purcell, A
Purcell, B Randolph Reaves Roberts Rogers Royal Sanders Shanahan Shaw 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 Streat Taylor Teague Teper Thomas Tillman Titus 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 Ray of the 128th, Polak of the 67th, McClinton of the 68th, Sherrill of the 62nd, Parham of the 122nd, Sauder of the 29th, Reichert of the 126th, Lifsey of the 6th, Barfoot of the 155th, Goodwin of the 79th, Parrish of the 144th, Bailey of the 93rd, Howard of the 118th, Bannister of the 77th, Jones of the 71st, Smyre of the 136th, Hanner of the 159th, Brush of the 112th, Bordeaux of the 151st, Mobley of the 69th, Sinkfield of the 57th, Goodwin of the 79th, Lucas of the 124th, Davis of the 48th, Heckstall of the 55th and Buckner of the 95th.
They wish to be recorded as present.

Prayer was offered by Rabbi Rwi New, East Cobb.

The members pledged allegiance to the flag.

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

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

The Journal was confirmed.

FRIDAY, MARCH 10, 1995

1751

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 1024. By Representatives Buckner of the 95th, McCall of the 90th, James of the 140th, Rogers of the 20th and Shaw of the 176th:
A bill to amend Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Marketing Act of 1981," so as to require the installation and maintenance of certain signs, facilities, and equipment at farmers' markets.
Referred to the Committee on Agriculture & Consumer Affairs.

HB 1025. By Representative Childers of the 13th:
A bill to amend Code Section 47-3-122 of the Official Code of Georgia Anno tated, relating to disability retirement under the Teachers Retirement Sys tem of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, not withstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application.
Referred to the Committee on Retirement.

HB 1026. By Representatives Scoggins of the 24th and McBee of the 88th:
A bill to amend Code Section 48-2-16 of the Official Code of Georgia Anno tated, relating to the exchange of certain tax information, so as to provide for the exchange of such information by and with tax assessors.
Referred to the Committee on Ways & Means.

HB 1027. By Representatives Brooks of the 103rd, Godbee of the 145th, Smith of the 175th and Coleman of the 80th:
A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Anno tated, relating to the Teachers Retirement System of Georgia, so as to pro vide for immediate retirement with full benefits for a member of such retirement system who has at least 25 years of creditable service and who loses his or her position for certain reasons.
Referred to the Committee on Retirement.

1752

JOURNAL OF THE HOUSE,

HB 1028. By Representatives Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating a new board of commissioners of Henry County, so as to change the provisions relating to the selection, duties, pow ers, qualifications, and term of office of the chairman of said board; to change the provisions relating to vacancies on and organizational meetings of said board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1029. By Representative Twiggs of the 8th:
A bill to amend an Act reincorporating the City of Blairsville in the County of Union, so as to deannex certain property; to provide for new corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1030. By Representatives Chambless of the 163rd, Reichert of the 126th, Baker of the 70th, Martin of the 47th, Hart of the 116th and others:
A bill to amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to repeal a provision that certain sales of prop erty of wards shall be made under the rules and restrictions prescribed for sales by administrators of estates; to provide rules for public sales by guardi ans and sale of perishable property, property that is liable to deteriorate from keeping, property that is expensive to keep, real property, wild lands, livestock.
Referred to the Committee on Judiciary.

HB 1031. By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide for a change of duties, work hours, and compensation of the mayor of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1032. By Representatives Hugley of the 133rd, Taylor of the 134th, Streat of the 167th, Martin of the 47th, Randall of the 127th and others:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide for the licensing of pawnbrokers; to provide for legislative intent and findings; to provide for definitions; to create the State Division of Pawnbroker Registra tion and provide for its administrative attachment.
Referred to the Committee on Judiciary.

HR 520. By Representatives Buckner of the 95th, Rogers of the 20th, Shaw of the 176th, Poston of the 3rd, Benefield of the 96th and others:
A resolution urging the Georgia Building Authority to study the feasibility of installing pedestrian controlled cantilevered arms or barriers at the pedes trian crosswalks leading to the state capitol.
Referred to the Committee on Rules.

FRIDAY, MARCH 10, 1995

1753

HR 521. By Representatives Ray of the 128th, Bargeron of the 120th and Day of the 153rd:
A resolution creating the House Study Committee on Discretionary Trusts for Disabled Beneficiaries.
Referred to the Committee on Rules.

HR 522. By Representative Lane of the 146th:
A resolution creating the Joint Subsequent Injury Trust Fund Study Com mittee.
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 1004 HB 1005 HB 1006 HB 1007 HB 1008
no j.\j\jy

HB 1017 HB 1018 HB 1019 HB 1020 HB 1021
vo

HB 1012 HB 1013 HB 1014 HB 1015 HB 1016

HR 513 HR 514 SB 419 SR 232

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 546 Do Pass, by Substitute SB 1 Do Pass, by Substitute SB 145 Do Pass, by Substitute SB 146 Do Pass, by Substitute SB 255 Do Pass, by Substitute

SB 257 Do Pass SB 276 Do Pass, by Substitute SB 307 Do Pass, by Substitute SB 338 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:

1754

JOURNAL OF THE HOUSE,

SB 385 Do Pass, by Substitute

Respectfully submitted, /s/ Hanner of the 159th
Chairman

Representative Twiggs of the 8th District, Chairman of the Committee on Public Safety, submitted the following report:

Mr. Speaker:
Your Committee on Public Safety has had under consideration the following Bills of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 353 Do Pass, by Substitute SB 394 Do Pass
Respectfully submitted, /s/ 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 Senate and has instructed me to report the same back to the House with the following recommendations:

HB 865 Do Pass HB 983 Do Pass HB 984 Do Pass HB 985 Do Pass HB 986 Do Pass HB 994 Do Pass HB 995 Do Pass HB 996 Do Pass HB 997 Do Pass HB 998 Do Pass HB 1001 Do Pass

SB 345 Do Pass SB 364 Do Pass SB 398 Do Pass SB 399 Do Pass SB 401 Do Pass SB 402 Do Pass SB 433 Do Pass SB 437 Do Pass SB 456 Do Pass SB 457 Do Pass SB 458 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 Bill and Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SB 320 Do Pass, by Substitute SR 44 Do Pass SR 123 Do Pass

FRIDAY, MARCH 10, 1995

1755

Respectfully submitted, /s/ 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 and Resolution of the Senate and has instructed me to report the same back to the House with the following recommendations:

SB 262 Do Pass SB 293 Do Pass SB 305 Do Pass

SB 363 Do Pass SB 404 Do Pass, by Substitute SR 253 Do Pass

Respectfully submitted, M Smyre of the 136th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, MARCH 10, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 36th Legislative Day as enu merated below:
HR 501 John R. McKinney Medal of Honor Highway; designate
SB 17 ACOG Volunteers - workers' compensation SB 48 Speed Limit - determination in cert, construction sites SB 89 Prop. Acquisition at Tax Sales - land bank authority SB 105 Guardians - authority in settlement of claims of minors SB 137 Telecommunications & Competition Dev. Act of 1995 - provide SB 206 Pub. Saf. Commissioner - promulgate rules to carry out duties SB 224 Real Estate - intangible recording tax on long-term notes SB 250 Driver's Lie. - exempt cert, persons taking driving lessons
SR 131 Chatham Co. - conveyance of cert, state property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 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.

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

1756

JOURNAL OF THE HOUSE,

HB 983. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the mem bers of the board are elected.

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

HB 984. By Representative Crawford of the 129th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Upson County.

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

HB 985. By Representatives Ehrhart of the 36th, Wiles of the 34th, Towery of the 30th, Coker of the 31st, Grindley of the 35th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators and the number of assistant district attorneys the district attorney is authorized to appoint.

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

HB 986. By Representatives Shipp of the 38th, Coker of the 31st, Sauder of the 29th, Grindley of the 35th, Klein of the 39th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to restate the corporate limits to include certain previously annexed par cels of land.

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

HB 994. By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to change provisions for edu cation districts.

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

HB 995. By Representatives Barnes of the 33rd, Sauder of the 29th, Coker of the 31st, Wiles of the 34th, Towery of the 30th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to authorize the finance officer of the city to waive certain interest and penalties due on unpaid ad valorem taxes.

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

FRIDAY, MARCH 10, 1995

1757

HB 996. By Representatives Wiles of the 34th, Parsons of the 40th, Shipp of the 38th, Barnes of the 33rd, Sauder of the 29th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.

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

HB 997. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd, Day of the 153rd, Dixon of the 150th and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.

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

HB 998. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to increase the compensation of the judge and solicitor of such court.

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

HB 1001. By Representative Coleman of the 142nd:
A bill to provide that members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections.

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

SB 437. By Senator Griffin of the 25th:
A bill creating the board of commissioners of Greene County, as amended, so as to provide for the reimbursement of expenses incurred by the chairman; to provide for compensation of and reimbursement of expenses incurred by the members of the board.

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

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.

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

1758

JOURNAL OF THE HOUSE,

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.

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

SB 399. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," as amended, 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.

SB 401. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to amend an Act entitled "An Act to create a board of commissioners for Rockdale County," as amended, so as to provide for the appointment of a director of finance.

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

SB 402. By Senator Crotts of the 17th:
A bill to provide for the Henry County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent; to provide for appointment and qualifications of its members; to provide for its initial and subsequent membership and for terms, resignations, removal, vacancies, oaths, and certain privileges.

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

SB 433. By Senator Henson of the 55th:
A bill to create the DeKalb Memorial Stadium Authority; to provide for a short title; to provide for findings and determinations; to provide for defini tions; to provide for the creation of the authority; to provide for the member ship of the authority; to provide for appointment, terms, vacancies, qualifications, compensation, and expenses of members of the authority; to provide for the organization and meetings of the authority; to provide for an executive director and other personnel of the authority.

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

SB 457. By Senator Griffin of the 25th:
A bill to amend an Act creating county courts (now state courts) in certain designated counties of this state, as amended, so as to provide for the terms of the State Court of Baldwin County.

FRIDAY, MARCH 10, 1995

1759

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

SB 458. By Senators Johnson of the 1st and Johnson of the 2nd:
A bill to provide for a new charter for the City of Tybee Island; to provide for the reincorporation of the city; to provide for corporate boundaries; to provide for powers and duties of the city and the governing authority thereof; to provide for construction; to provide for exercise of powers; to pro vide for a city council and the members thereof; to provide for the election, terms, qualifications, vacancies, compensation, and expenses of the mayor and councilmembers.

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

SB 398. By Senators Dean of the 31st and Marable of the 52nd:
A bill to provide a homestead exemption from certain City of Cartersville ad valorem taxes for educational purposes in the amount of $28,000.00 of the assessed value of the homestead for each resident of the city who is 65 years of age or older or totally disabled; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability.

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

SB 456. By Senators Oliver of the 42nd and Thomas of the 10th:
A bill to provide a homestead exemption from City of Decatur School Dis trict ad valorem taxes for educational purposes for the full amount of the assessed value of the homestead for certain residents of that school district who have annual incomes of less than $40,000.00 and who are 80 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto.

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 Y Barfoot
Bargeron Barnard Y Barnes Y Bates Y Benefield Y Birdsong Bordeaux Y Bostick 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 Y Canty Y Carter
Chambless 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, G Y Dix

Y Dixon, H Y Dixon, S
Dobbs Y Ehrhort
Epps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden
Goodwin Y Greene Y Grindley
Hanner

Y Harbin Y Harris Y Hart
Heard Heckstall Hegstrom Y Hembree Henson Y Holland E Holmes Howard Y Hudson Y Hugley Y Irvin James

1760

JOURNAL OF THE HOUSE,

Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johns ton Jones Y Joyce 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
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
Randall Y Randolph
YRay Reaves Reichert
Y Roberts Y Rogers Y Royal
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
Stanley, L Stanley, P Y Stephenson Streat Y Taylor Y Teague YTeper Y Thomas

Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Walker, L
Y Walker, R.L Wall 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 Bills, the ayes were 131, nays 0. The Bills, having received the requisite constitutional majority, were passed.

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

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

SB 459. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend an Act providing for the Board of Education of Bartow County so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclu sions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed.

SB 463. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing for the election of members of the Board of Education of Laurens County from single member districts and providing for said districts, as amended, so as to provide for the redrawing of the dis trict lines.

SB 414. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to adopt an official map of the corporate limits of the City of Austell, Georgia; to confirm the corporate boundaries of the City of Austell, Georgia.

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.

FRIDAY, MARCH 10, 1995

1761

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.
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.
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.

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.

HB 171. By Representatives McBee of the 88th, Scoggins of the 24th, Heard of the 89th and others:
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.

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.

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.

1762

JOURNAL OF THE HOUSE,

HB 220. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
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.

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.

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".

HB 266. By Representatives Shanahan of the 10th, Cummings of the 27th, McBee of the 88th 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.

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.

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.

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.

FRIDAY, MARCH 10, 1995

1763

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.

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.

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.
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.
HB 553. By Representatives Walker of the 141st, Royal of the 164th, Jamieson of the 22nd 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.

HB 576. By Representatives Dobbs of the 92nd, Lane of the 146th, Barfoot of the 155th 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.

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.

1764

JOURNAL OF THE HOUSE,

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.

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 Senate has adopted by the requisite constitutional majority the following resolu tion of the House:

HR 261. By Representatives Buck of the 135th, Culbreth of the 132nd, Smyre of the 136th and others:
A resolution designating a portion of the Pine Mountain Trail in honor of D. Neal Wickham.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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.

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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

HB 38. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th 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.

FRIDAY, MARCH 10, 1995

1765

HB 41. By Representatives Williams of the 114th 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.

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.

HB 202. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1995 and ending June 30, 1996.

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.

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.

HB 399. By Representatives Smith of the 109th, Lee of the 94th, Heard of the 89th 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 certain property owned by an historical fraternal benefit association.

HB 475. By Representatives Henson of the 65th, Lawrence of the 64th, Baker of the 70th 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 Senate has agreed to the House substitute to the following bills of the Senate:

1766

JOURNAL OF THE HOUSE,

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.

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.

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.

The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the House:

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.

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

SB 414. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to adopt an official map of the corporate limits of the City of Austell, Georgia; to confirm the corporate boundaries of the City of Austell, Georgia.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 459. By Senators Dean of the 31st and Marable of the 52nd:
A bill to amend an Act providing for the Board of Education of Bartow County so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclu sions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed.
Referred to the Committee on State Planning & Community Affairs - Local.

FRIDAY, MARCH 10, 1995

1767

SB 463. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing for the election of members of the Board of Education of Laurens County from single member districts and providing for said districts, as amended, so as to provide for the redrawing of the dis trict lines.
Referred to the Committee on State Planning & Community Affairs - Local.

The following Resolutions of the House were read and adopted:

HR 523. By Representative Teague of the 58th: A resolution expressing regret at the passing of Elder Donald N. Richardson.

HR 524. By Representatives Murphy of the 18th, Lee of the 94th, Mobley of the 86th, Culbreth of the 132nd and Ashe of the 46th:
A resolution recognizing and commending the Computer Services Division and the Telecommunications Division of the Georgia Department of Admin istrative Services for their installation and support of a local area network to serve the Georgia General Assembly.

HR 525. By Representative Pelote of the 149th: A resolution commending Ms. Essie M. Richards.

HR 526. By Representatives Cummings of the 27th, Murphy of the 18th, Childers of the 13th, Smith of the 12th, Shanahan of the 10th and others:
A resolution commending James Derward Powell.

HR 527. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending Earl Perry "Skipper" Sinor.

HR 528. By Representative Purcell of the 147th:
A resolution commending Ms. William C. "Barbara" Tippins and the Ameri can Medical Association Alliance.

HR 529. By Representatives Shipp of the 38th and Purcell of the 9th: A resolution expressing regret at the passing of Mr. Hal Suit.

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

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 Senate amendment was read:

1768

JOURNAL OF THE HOUSE,

Amend HB 264 by striking the word three on line 7 page 5 and inserting in lieu the word six.
Striking on line 13 page 5 the figure 1 '/2 and inserting in lieu the figure 2.

Representative Tillman of the 173rd moved that the House agree to the Senate amendment to HB 264.
On the motion, 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
Bordeaux 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 Y 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
Day Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Y Floyd
Godbee Y Golden
Good win Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegatrom 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 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
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
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 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 Y Taylor Teague YTeper 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
Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 150, nays 0. The motion prevailed.

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.

The following Senate 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;

FRIDAY, MARCH 10, 1995

1769

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

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

2,476,000 2,221,625
938,800 1,845,706

2,476,000 2,221,625
938,800 1,845,706

1770

JOURNAL OF THE HOUSE,

Total

$

7,482,131

$

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.

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 ..............................................................................$

72.329.722 10,620,212 60,032,371

FRIDAY, MARCH 10, 1995

1771

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....................................................................!

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 75,655,856 72,329,722

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 6,976,555 54,568,328 1,088,297
698,379 1,709,843
151,654 2,850,000
1,500,228
220,649 75,655,856

5,294,630 6,926,555 51,954,487 1,088,297
698,379 1,644,843
151,654 2,850,000
1,500,228
220,649 72,329,722

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........................................................................!

38,506,966 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
250,000
710,000 56,559,700
896,550 22,000,000

1772

JOURNAL OF THE HOUSE,

Public Safety Officers Indemnity Fund ......................................$ Health Planning Review Board Operations ................................$ Payments to Aviation Hall of Fame ............................................$ Payments to Golf Hall of Fame....................................................? Total Funds Budgeted....................,...............................................? State Funds Budgeted....................................................................?

250,000 35,000 48,500 75.000 179,636,568 38,506,966

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 3,147,170 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
401,402 179,636,568

$

626,881

3,018,658

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 38,506,966

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

0 20,693,382 5,215,176
27,000 359,000 321,850 124,100
15,071 188,513 255,000 250,000 9,000,000 80,000
0 36,529,092
0

Departmental Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales

1,626,249 5,638,802 4,640,092 6,667,136
380,794 4,005,645

FRIDAY, MARCH 10, 1995

1773

Administration Railroad Excursions Facility Renovations Total

13,570,374

0

$

0

$

36,529,092

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....................................................................$

114.727 95,527 10,800 8,000
0 0 0 0 400 0 0 0 114,727 114,727

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
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....................................................................!

36,497.215 31,244,822 4,530,070
959,114 626,192 447,575 450,000 814,475 412,585 990,107 946,000
2,591,940
2,535,464 412,000 100,000 175,000
690,000 56,800
0 0
40,000 0
48,022,144 36,497,215

Departmental Functional Budgets

Total Funds

State Funds

1774

JOURNAL OF THE HOUSE,

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 6,155,559 3,311,215 7,948,423
582,215 48,022,144

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

Section 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...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

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 ................................,.....................!

7,295,365 12,342,283 2,983,092 5,886,059 3,181,515 4,808,901
0 36,497,215
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
8.995.098 7,309,313
466,380 399,855 78,955
6,800 312,033 327,850 78,912
15,000 8,995,098 8,995,098
125.438.131 72,051,415 5,885,712
889,606 293,990 363,881 243,289 1,664,294 900,875 6,095,100 2,200,765 562,330 3,490,495 21,281,324 13,398,930

FRIDAY, MARCH 10, 1995

1775

Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

100.000 129,422,006 125,438,131

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

28,725,382 12,490,657 9,027,722 5,514,022 5,244,786 14,912,549 2,468,857
460,171 996,704 36,559,658
947,119 655,388 7,297,949 4.121.042 129,422,006

$

27,693,382

$

11,946,757

$

8,470,053

$

5,266,524

$

4,979,005

$

14,765,745

$

2,468,857

$

460,171

$

996,704

$

35,759,435

947,119 655,388 7,297,949 3.731.042 125,438,131

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

33,717.042 5,812,448
334,240 170,205
0 7,180 172,005 513,430 49,090 217,000
0
2,272,825 6,247,338
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

1776

JOURNAL OF THE HOUSE,

Business Flood Disaster Recovery Program ...............................$ EZ/EC Administration ...................................................................$ Capital Felony Expenses................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

0 225,000
0 66,212,531 33,717,042

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

29,666,108
3,828,799
32.717.624 66,212,531

$

28,392,041

3,655,793

$

1.669.208

$

33,717,042

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.............................................................................................! 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....................................................................!

665.736.068 459,781,696 56,132,672
2,119,500 3,086,200 2,859,645 5,530,990 7,560,201 6,930,550 7,906,429
209,450 22,530,660 1,100,000 16,893,100 5,370,000
0 1,152,000
4,059,700
1,376,000 461,160
1,300,000 66,606,416
63,420
352,357 734,000 674,116,146 450,000
0 665,736,068

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support

76,791,331 488,445,157

!

75,036,921

! 485,187,664

FRIDAY, MARCH 10, 1995

1777

Probation Total

$ 108.879.658 $ 674,116,146

! 105.511.483 ! 665,736,068

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....................................................................!

40.016.123 31,827,315 1,560,147
587,000
78,000
271,000 313,200 2,634,111 951,700 1,118,650 650,000 25,000 40,016,123 40,016,123

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....................................................................!

4,528.403 9,105,695 6,544,215
29,375 15,791 28,840 11,125 24,400 40,825 456,000
0 16,256,266 4,528,403

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 9,796,762 16,256,266

1,255,944 323,773
2.948.686 4,528,403

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.............................................................!

3,553,023.406
35,662,253 5,568,020 1,145,152
139,665 341,214 7,764,920 1,514,966 1,280,329 17,587,007 962,485
0
827,651,524

1778

JOURNAL OF THE HOUSE,

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.......................................! Governor's Scholarships.................................................................! 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)........................................!

779,316,673 296,732,910 180,409,249 111,169,887 329,949,291 48,746,103 73,351,312
32,199,664 95,532,367 627,250,894 136,815,917 (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
2,005,097 7,293,678 3,528,045 21,827,731 4,782,130 2,818,424
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 6,000,000
164,514 5,042,895

FRIDAY, MARCH 10, 1995

1779

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 .................................................................$ Youth Apprenticeship Grants .......................................................$ Remedial Summer School..............................................................$ Alternative Programs......................................................................! Superintendent's Base Salary .......................................................$ Environmental Science Grants......................................................$ Pay for Performance.......................................................................! Mentoring Program.........................................................................! Charter Schools...............................................................................! Technology Specialist.....................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

273,723
99,047,892 14,199,935 1,250,000
0 1,842,422
382,597
4,340,000
1,875,664 12,126,442
0 100,000 2,000,000 500,000 50,000 12.912.790 4,054,482,834 340,000 3,553,023,406

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

6,406,614 22,934,931 1,243,947 17,497,955 6,436,607
874,256 3,982,866,823
5,192,239 5,971,310 5,058,152 4,054,482,834

!

5,604,591

!

18,288,704

!

1,159,121

!

13,257,344

!

3,062,640

!

874,256

! 3,495,343,369

!

4,949,611

!

5,742,214

!

4.741.556

! 3,553,023,406

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................................................................!

170.656,245 157,646,245
0 500,000
0 5,000,000
900,000 0
250,000 3,250,000 1,200,000
0 1.910,000 170,656,245 170,656,245

Section 13. Employees' Retirement System. Budget Unit: Employees' Retirement System ...........,,.....................$
Personal Services.............................................................................! Regular Operating Expenses .........................................................$ Travel................................................................................................! Motor Vehicle Purchases...............................................................!

0 1,707,266
342,000 20,500
0

1780

JOURNAL OF THE HOUSE,

Equipment........................................................................................$ Computer Charges...........................................................................!
Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$ Benefits to Retirees ........................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................!

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....................................................................!

35,656,850 29,144,640 5,931,099
159,937 1,313,670 1,757,312
416,000 54,764 928,106 486,831
0
30,000 60,000 241.752 40,524,111 35,656,850

Departmental Functional Budgets

Total Funds

State Funds

Reforestation Field Services General Administration and
Support Total

$

1,750,884

$

34,673,292

!

4,099.935

!

40,524,111

!

0

$

31,725,070

$

3,931.780

$

35,656,850

Section 15. 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....................................................................!

44,814,108 33,180,002 3,974,376
525,000
856,252 1,285,955
753,500
1,982,948 884,380 860,195 511,500
0 44,814,108 44,814,108

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative

!

3,733,556

!

24,030,101

$

3,733,556

$

24,030,101

FRIDAY, MARCH 10, 1995

1781

Georgia Crime Information Center Forensic Sciences Total

7,049,171

10,001.280

$

44,814,108

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....................................................................$

7,049,171 10.001.280 44,814,108
31,156.798 14,892,482
1,018,007 305,172 0 110,069 689,877
1,019,100 383,193
5,100,677 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 38,604,880 31,156,798

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

7,171,700
963,622 7,614,164 5,326,599 2,831,106
354,823
571,906
1,339,319
1,895,338 310,281
4,734,513
5,274,536
216,973 38,604,880

7,171,700
805,622 7,614,164 4,540,499 2,831,106
87,397
571,906
400,000
542,338 310,281 4,734,513
1,330,299
216,973 31,156,798

1782

JOURNAL OF THE HOUSE,

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.......................................$ Postage..............................................................................................! Payments to DMA-Community Care...........................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

701,597.166
50,993,423 2,271,923 1,372,316 1,691,555
96,548 4,878,258 6,366,179 1,381,559
691,236 284,000 46,878,658 37,458,251 73,440 1,002,368 15.048.529 170,488,243 412,600 108,715,091

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
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

6,407,445 2,041,784 46,878,658 20,141,084 5,590,794 1,994,877
1,168,102 2,918,957 9,302,193 6,099,369 6,032,692 1,799,149 1,754,031
0 510,671 56,164,803 1,683,634 170,488,243

5,750,246 2,041,784 34,994,603 18,497,930 4,336,798 1,994,877
1,158,102 2,918,957 3,891,430 2,256,767 5,832,692 1,799,149 1,754,031 (8,182,760)
510,671 27,556,180 1.603.634 108,715,091

2. Public Health Budget: Personal Services..................... Regular Operating Expenses.
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.................................................................!

51,970,440 77,600,568
946,970 0
99,005 1,381,103 5,222,907 1,177,762 1,232,086
0 315,247 4,007,000

FRIDAY, MARCH 10, 1995

1783

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 CareTotal Funds Budgeted............................................ Indirect DOAS Services Funding......................... State Funds Budgeted............................................

..$

0

..$

656,222

..$

0

..$

682,869

..$

12,161,281

..$

115,791,445

..$

34,500

..$

144,846

..$

845,769

..$

274,270,020

..$

549,718

..$

147,176,135

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 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

11,862,845 1,252,323 1,411,868 2,173,168 4,249,168
5,500,992 2,518,467 10,008,584 81,967,416 59,014,117 13,658,285 3,212,987 1,954,625
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 2,505,227
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

$

11,733,170

$

1,006,794

$

1,201,693

$

1,643,168

$

3,852,866

$

5,388,992

$

119,823

$

5,368,003

$

0

$

58,158,117

$

6,829,142

$

2,156,439

$

1,814,079

$

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

$

2,282,409

$

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

1784

JOURNAL OF THE HOUSE,

Public Health - Division Indirect Cost
Total

0 274,270,020

(1,535,718) 147,176,135

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....................................................................!

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 10,166,353 215,000 937,269 814.786 138,862,120 100,000 23,673,450

Departmental 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 Blind Roosevelt Warm Springs Institute Total

!

46,550,207

$

1,166,479

$

1,699,671

!

8,619,483

$

6,686,919

!

809,166

$

4,080,834

$

722,458

!

33,575,336

!

12,369,385

$

22,582,182

! 138,862,120

!

10,063,969

!

870,174

!

813,808

$

3,431,010

!

1,424,314

!

0

$

1,291,894

!

722,458

!

0

!

799,795

!

4.256.028

!

23,673,450

4. Family and Children Services Budget: Personal Services.............................................................................! Regular Operating Expenses....................................................,....! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment.................................................................,......................! Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts......................................................! Computer Charges...........................................................................! Telecommunications.......................................................................! Children's Trust Fund....................................................................! Cash Benefits ...................................................................................$ Special Purpose Contracts.............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................$ Postage..............................................................................................! Grants to County DFACS - Operations......................................!

42,734,903 4,430,044
939,017 0
377,348
2,861,264 19,970,907 27,714,442 9,652,808 2,270,365 450,318,784 4,939,195 204,668,669 15,505,266 4,637,256 278.564.707

FRIDAY, MARCH 10, 1995

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 Indirect Cost Total

$

512,448

$

4,149,900

$

7,132,455

$

3,752,470

$

12,152,899

$

1,120,918

$

2,030,684

$

31,802,466

$

58,981,222

$ 438,479,664

$

100

$

2,799,420

$

9,893,600

$ 110,943,023

$

85,849,280

$

3,190,752

$

7,820,835

$

60,735,452

$

13,216,117

$

29,476,946

$

3,190,503

$

37,153,856

$

10,625,850

$

2,339,602

$

10,978,269

$

11,544,785

$ 105,227,651

$

156,620

$

2,056,823

$

2,270,365

$

0

$ 1,069,584,975

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...........................................................

1785
1,069,584,975 2,565,582
422,032,490

State Funds

$

512,448

$

3,754,707

$

5,561,580

$

3,752,470

$

916,674

$

1,120,918

$

1,841,062

$

14,058,160

$

4,587,089

$ 166,709,968

$

100

$

0

$

0

55,404,943

30,763,715 0

2,389,908

30,924,946

5,085,381 11,949,177 2,420,990 24,852,679 8,329,504 2,117,103 8,237,408 7,408,642 32,696,098
156,620 2,032,591 2,270,365 (7,822.756) 422,032,490

216,589,567 96,155,713 4,386,914 1,774,555
1,196,219 13,514,435 39,706,562 32,559,010 13,153,547
0 315,247 4,007,000

1786

JOURNAL OF THE HOUSE,

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 ......................................$

0 656,222 25,005,093
28,505 0
2,270,365 450,318,784
6,619,227 251,547,327 75,291,151 115,791,445
322,940 937,269 6,599,256 15,048,529
845,769 278,564,707

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....................................................................!

490.069.339 358,901,915 61,001,240
847,000 12,292,571 1,996,190 267.443.854 702,482,770 2,404,100 490,069,339

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

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 1,582,780 121,402,948
100,488,418
50,025,957 9,907,708

!

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

! 115,168,981

!

64,173,512

!

27,352,469

!

6,523,114

FRIDAY, MARCH 10, 1995

1787

Regional Administration Total

3,230,167 702,482,770

!

3,230,167

! 490,069,339

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....................................................................!

25,399.657 8,960,759 1,615,570
335,000 59,978 133,072 135,210 1,027,415 290,000 1,398,178 181,600 10,859,580
1,240,000 43,095 50,000 0
26,329,457 25,399,657

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

15,241,240 4,395,599 1,694,389 4,998.229 26,329,457

14,621,440 4,295,599 1,694,389 4,788,229 25,399,657

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

4,190,247 6,671,163
540,093
5,304,506

4,190,247 6,671,163
540,093
3,997,706

1788

JOURNAL OF THE HOUSE,

Total

16,706,009

15,399,209

Section 20. Department of Labor. Budget Unit: Department of Labor ...................,................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .
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.............................................................................! 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....................................................................!

11,415.735 10,242,939
626,107 131,950
0 55,000 406,883 504,813 146,983 60,000 147.000 12,321,675 11,415,735

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...............................................................................!

1.201,035.012 14,516,459 4,937,733 188,400 0 39,500 27,341,065 885,000 425,000 67,660,024
3,331,399,618 772,500

FRIDAY, MARCH 10, 1995

1789

Total Funds Budgeted.. State Funds Budgeted..

3,448,165,299 1,201,035,012

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

$

60,775,908

3,331,399,618 1,259,211
33,326,976 2,331,319 1,046,308

4,914,710 6,329,237 1,725,946 5,056,066 3,448,165,299

!

2,654,470

! 1,177,273,481

!

453,498

!

10,312,656

!

995,004

!

439,449

!

2,420,877

!

3,164,618

!

792,926

!

2,528.033

! 1,201,035,012

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.............................................................................! 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 8,299,213 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

3,002,794

0

Applicant Services

2,542,136

0

Classification and Compensation

1,326,730

0

Flexible Benefits

1,296,882

0

Employee Training and

Development

1,292,742

0

Health Insurance Administration

1,019,519,765

0

Accounting and Audits

904,709

0

Administration and Systems

2,517,475

0

Total

1,032,403,233

0

1790

JOURNAL OF THE HOUSE,

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.........................................................................................! 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....................................................................!

90.353.317 70,284,138 15,314,849
546,833 2,469,914 2,519,711 2,581,324 3,335,758
861,413 1,259,624
40,000 200,000 2,645,300
918,810 2,319,500
225,000
800,000 350,000 1,300,000 35,000
0
500,000
800,000 270,000 800,000
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
130,493,896
888,185
3,809,517
2,663,931
1,422,256

FRIDAY, MARCH 10, 1995

1791

Indirect DOAS Funding.................................................................$ State Funds Budgeted....................................................................$

200,000 90,353,317

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

$

3,634,588

2,500,080

2,308,119

40,837,127 2,386,019 34,408,927 43,199,361 1,219,675 130,493,896

3,634,588 2,500,080 1,818,119
15,729,661 2,265,510 29,664,506 33,521,178 1,219.675 90,353,317

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

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....................................................................!

96,215,225
58,234,622 7,805,450
132,617 4,093,430
582,427 3,701,067
23,116 1,418,147
494,086
150,000 0 0
76,634,962 1,650,000 74,984,962

2. Driver Services Budget:

1792

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$
Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts ......................................................$
Capital 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

!

55,147,852

!

97,865,225

$

19,987,110

$

21,230,263

!

54,997,852

!

96,215,225

B. Budget Unit: Units Attached for Administrative Purposes Only..............................!
Attached Units 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 ..................................................................$
Peace Officers Training Grants ....................................................$ Capital Outlay.................................................................................! Total Funds Budgeted....................................................................!
State Funds Budgeted....................................................................!

14.443.379
9,998,360 2,971,186
132,300 72,536 227,278 210,962 329,001 244,071 730,260 2,623,660 957,505
0 18,497,119 14,443,379

Departmental Functional Budgets

Total Funds

State Funds

Office of Highway Safety
Georgia Peace Officers Standards and Training
Police Academy Fire Academy
Georgia Firelighters Standards and Training Counicl
Georgia Public Safety Training Facility
Total

!

3,231,733

!

5,727,303

$

1,084,659

!

1,183,037

$

435,791

!

6.834,596

!

18,497,119

$

307,993

!

5,727,303

!

1,014,659

!

1,073,037

!

435,791

!

5,884.596

$

14,443,379

Section 26. Public School Employees'

FRIDAY, MARCH 10, 1995

1793

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

1,084,543,473
1,157,839,143 202,917,763
289,703,286 145,787,679 15,314,094
1,194,628 364,360 362,508
5,850,000 100,000
1,819,433,461 42,000,000 348,705,442 341,157,246 3,027,300
1,084,543,473

B. Budget Unit: Regents Central Office and Other Organized Activities....................................?
Personal Services: Educ., Gen., and Dept. Svcs..........................................................? Sponsored Operations.....................................................................?
Operating Expenses:

170,157.788
262,212,249 69,874,000

1794

JOURNAL OF THE HOUSE,

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 forOperations..............................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................$ Sponsored Income...........................................................................$ Other Funds.....................................................................................! Indirect DOAS Services Funding ...................,.............................$ State Funds Budgeted....................................................................?

127,025,428 38,184,000
0 2,342,532 1,979,060
3,548,759 2,484,870
146,400 6,619,012 5,549,778
0 2,072,196 5,397,800 1,347,852
600,000 200,000
1,034,952
219,372
14,103,486 544,941,746
0 109,330,000 264,898,258
555,700 170,157,788

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 1,388,994 116,731,291 10,733,002 57,036,775 47,517,561
245,207,899
2,731,531
2,746,641 24,540,701 2,920,000
3,121,122 24,024,796
354,600 544,941,746

1,345,184 1,532,120
988,994 13,708,799 2,547,910 36,448,122 29,705,244
31,697,885
2,731,531
512,595 24,540,701
0
121,122 23,922,981
354.600 170,157,788

C. Budget Unit: Georgia Public Telecommunications

FRIDAY, MARCH 10, 1995

1795

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................................................................!

89,031,000
20,000,000
3,500,000 300,000
27,917,000 11,600,000 4,200,000 12,514,000 1,500,000
1,500,000 5,000,000
1,000,000 89,031,000 89,031,000

Section 29. Department of Revenue. Budget Unit: Department of Revenue ...............................................$
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! County Tax Officials/Retirement and FICA ..............................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................$ Postage..............................................................................................! Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

93,763,900 56,119,945 5,516,320 1,382,540
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

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

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

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

1796

JOURNAL OF THE HOUSE,

Total

$

98,464,770

93,763,900

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....................................................................!

28.286.406 17,021,671 4,013,431
243,800 105,510 93,840 2,423,793 2,462,246 957,367 1,309,748 700.000 29,331,406 28,286,406

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 Holocaust Commission Total

3,575,623 5,032,974 4,937,476 4,235,610 1,149,223
376,628 9,953,872
70,000 29,331,406

3,545,623 4,957,974 4,167,476 4,215,610 1,149,223
376,628 9,803,872
70.000 28,286,406

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....................................................................!

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

Departmental Functional Budgets

State Funds

Cost of Operations

Real Estate Commission

!

2,113,632

2,153,632

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...........................................................................!

2,153.907 1,026,011
210,954 40,520 27,450 11,910 9,000

FRIDAY, MARCH 10, 1995

1797

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................? Per Diem, Fees and Contracts ......................................................$ County Conservation Grants.........................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

90,591 19,090 486,842 400,000 2,322,368 2,153,907

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....................................................................!

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

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

$

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

121,620,611 54,735,561 14,417,200 7,906,850 31,125,000
336,000 100,000 10,000,000 3,000.000 121,620,611 121,620,611

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System .....................................?
Personal Services.............................................................................? Regular Operating Expenses.........................................................? Travel................................................................................................?

4,075,000 4,178,685
392,000 30,000

1798

JOURNAL OF THE HOUSE,

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

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.............................................................................? Adult Literacy Grants....................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

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

456,479,006 249,983,559 59,750,505
1,626,000 2,296,000
7,386,306

FRIDAY, MARCH 10, 1995

1799

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....................................................................!

4,947,700 1,317,373 2,384,080 45,444,107 706,393,946
1,024,100 1,267,500 14,210,006
765,000
130,000 1,098,926,182
456,479,006

Departmental Functional Budgets

Motor Fuel Tax

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

Planning and Construction Air Transportation Inter-Modal Transfer Facilities Harbor/Intra-Coastal
Waterways Activities Total

50,000 1,424,384 18,517,579
765,000 20,756,963

50,000 1,037,384 9,626,622
765,000 11,479,006

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

5,475,434

5,203,934

1800

JOURNAL OF THE HOUSE,

Veterans Home and Nursing Facility - Milledgeville
Veterans Nursing Home-Augusta
Total

18,189,256
7.305.557 30,970,247

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) ...................................................$

297,757,565 70,000,000 367,757,565

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New)...........................................................! Motor Fuel Tax Funds (New).......................................................!

51,142,200 0
51,142,200

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

FRIDAY, MARCH 10, 1995

1801

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
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

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
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

$

5,000

$ 50,000

$

50,000

$ 25,000

$ 134,000

$ 105,000

$

50,000

$ 25,000

$

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

1802
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 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

JOURNAL OF THE HOUSE,
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
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

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 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

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
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

FRIDAY, MARCH 10, 1995
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 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

1803

$

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

$ 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

1804
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 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

JOURNAL OF THE HOUSE,
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 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 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

$ 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 $ 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

Richmond County Houston County Houston County Wayne County City of Augusta Bibb County City of Cartersville Coweta County
Burke County
DeKalb County Screven County Board
of Education Tattnall County Board
of Education Effingham County Miller County Brooks County Peach County City of Rockmart
Liberty County Board of Commissioners
Mclntosh County City of Greenville City of Comer Jackson County Floyd County City of Rome
Dawson County Lumpkin County City of Pelham
Seminole County
Early County

FRIDAY, MARCH 10, 1995
Purchase Property for Park in Atlanta
Operation of Aviation Museum
Planning and Designing of an Educational Facility
Operation of Wayne County Partners in Education
Operating Expenses for Community Based Programs
To Operate the Council on Child Abuse
Operation of the Etowah Foundation Education
Operation of Economic Development Information Center
Operating Expenses for the Burke County Development Authority
To Operate South DeKalb Business Incubator
For Auditorium Repairs
Repairs for Livestock Pavilion Operating Expenses for DFCS Operating Expenses for DFCS Operating Expenses for DFCS To Operate Peach Library
Literacy Mobile For Repairs and Equipment for
the Rockmart Performing Arts Theater Repairs for Liberty County Courthouse Multi-purpose Complex Equipment Old Greenville Depot Repairs To Purchase a Patrol Car Operation of the Human Resources Council To Operate Recycling Program Computer Equipment for Rome/Floyd Transitional School For Capital Offense Legal Assistance For Capital Offense Legal Assistance Construction of an Agricultural Facility at Pelham High School To Construct Spring Creek Volunteer Fire Department Facility Roof Repairs for Early

1805

$ 40,000

$ 200,000

$ 180,000

$ 20,000

$ 40,000

$ 50,000

$

57,000

$ 50,000

$ 30,000

$ 25,000

$

20,000

$

10,000

$ 20,000

$

20,000

$

20,000

$ 62,000

$

10,000

$ 50,000

$

10,000

$

75,000

$

10,000

$

15,000

$ 101,439

$ 30,410

$ 35,000

$

35,000

$ 40,000

$

25,000

1806
City of Atlanta Candler County Webster County Miller County Lowndes County Polk County Clarke County Board
of Education City of Riverdale City of Oglethorpe Macon County School System City of Americus City of Jonesboro City of Helena City of Eastman
City of Douglas Atkinson County Bleckley County
Pulaski County City of Warner Robins
Houston County
Pulaski County DeKalb County City of Jonesboro Clayton County
City of Morrow City of Augusta
Athens/Clarke County

JOURNAL OF THE HOUSE,
County Library To Operate Litter
Abatement Program To Operate Litter
Abatement Program Renovations to Webster
County Courthouse Renovation of Miller
County Facility Operating Expenses for Lowndes
County Health Department For Construction of EMS
Facility Repairs to Track Surface
for Cedar Shoals High School Park Improvements To Purchase a Patrol Car Roof Repairs for Macon County High School For Revitilization of Downtown City of Americus Park Improvements To Construct Recreational Complex Operating Expenses for the Middle Georgia Easter Seal Program Equipment for the Coffee County Humane Society To Purchase Radio and Computer Equipment Paving for the Bleckley County Recreation Department Operation of the Senior Citizens Program Operating Expenses for the Northside Fine Arts Program Operating Expenses for the Houston County Court Mediation Program Repairs for Hartford Water System To Fund the Homeless Program For Historical Jonesboro Renovations and Repairs Relocation and Renovation Expenses for ARTS Clayton Park Improvements Planning and Design of an
Overhead Crosswalk on Washington Road Operating Funds for the

$

20,000

$ 25,000

$ 25,000

$ 25,000

$ 20,000

$ 30,000

$ 60,000

$ 50,000

$

20,000

$

10,000

$ 40,000

$ 100,000 $ 20,000

$ 15,000

$ 75,000

$

15,000

$

10,000

$ 40,000 $ 100,000

$

15,000

$

15,000

$

30,000

$ 40,000

$

20,000

$

20,000

$

20,000

$ 20,000

FRIDAY, MARCH 10, 1995

1807

Peachtree City Glynn County Treutlen County Board
of Education
Lincoln County

Safe Campus Now Program Equipment for Braelinn Park Improvements to Andrews Island Improvements to Facilities at Treutlen County High School Operating Funds for Recreation and Historic Preservations Services

$ 40,000

$

7,500

$

7,500

$ 50,000

$

10,000

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:

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 physician, nursing, physical therapy, and speech and hearing therapy services. Such trans fers 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.

1808

JOURNAL OF THE HOUSE,

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 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 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.
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 47. 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

FRIDAY, MARCH 10, 1995

1809

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 48. 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 49. 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 50. 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 51. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 52. 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.

1810

JOURNAL OF THE HOUSE,

Section 53. (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.
(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 54. 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 55. 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 56. 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

64,295,000

6,300,910

FRIDAY, MARCH 10, 1995

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 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

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
12,000,000
8,000,000
3,650,000 10,200,000
5,600,000 5,000,000 1,500,000
635,000

1811 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
1,176,000
784,000
357,700 999,600
548,800 490,000 147,000
62,230

1812

JOURNAL OF THE HOUSE,

sites on behalf of the Civil War Commission 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' 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 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 Acquistion of Plaza Park Planning and design of a regional and cultural facility in Columbus/Muscogee County Design of the ManufacturingRelated Disciplines Complex at the Georgia Institute of Technology and the Student Services Building at Macon College
Funding for the Developmental
Highway Program
Acquisition of the McCaysville
to Blue Ridge rail line
Planning and design of a

500,000 2,415,000
2,345,000 70,000,000 5,000,000
910,000
33,000,000
2,600,000
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 9,400,000
2,000,000
1,600,000 10,000,000
500,000

49,000 236,670
229,810 6,860,000
490,000 89,180
3,234,000 254,800
784,000
490,000 2,450,000
842,800 244,020 1,617,000 597,800 2,352,000 196,000 921,200
196,000
156,800 980,000 49,000

FRIDAY, MARCH 10, 1995

1813

dormitory at Southern College of Technology (debt service will be repaid by Southern College of Technology)

855,000

83,790

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 prisons in Wheeler, Charlton and Coffee Counties
Planning and design of an addition to the building housing the Georgia Emergency Management Agency
Construction of a poultry lab in Franklin County
Planning and design of a 336 bed correctional facility in Spalding County
Repair of the roof on the R.J. Reynolds facility on Sapelo Island
Planning and design of a master plan at Red Top Mountain State Park

85,000 535,000 2,550,000 200,000 180,000 425,000 400,000 100,000

20,400 128,400 612,000 48,000 43,200 102,000 96,000 24,000

Section 57. 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 Education 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 by three paygrades, c.) increasing the special supplement for parole officers with intensive

1814

JOURNAL OF THE HOUSE,

supervision caseloads. 10.) To provide a 4% salary increase for incumbent scientists in the Georgia Bureau of Investigation's Forensic Science Division.

Section 58. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 1996

$

10,700,856,569

Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 60. All laws and parts of laws in conflict with this Act are repealed.

Representative Coleman of the 142nd moved that the House disagree to the Senate substitute to HB 202.
The motion prevailed.

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

SB 48. By Senators Crotts of the 17th, Isakson of the 21st, Bowen of the 13th, Cheeks of the 23rd, Pollard of the 24th 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.

The following amendment was read and adopted:

Representatives Bailey of the 93rd, Benefield of the 96th and Lee of the 94th move to amend SB 48 by striking lines 1 through 3 of page 1 and inserting in their place the fol lowing:
"To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change the provisions prohibiting wearing certain headsets or headphones; to provide that the Department".
By striking lines 12 through 14 of page 1 and inserting in their place the following:
"Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-250, prohibiting wearing certain headsets or headphones, and inserting in its place the following:
'40-6-250.
No person shall operate a motor vehicle while wearing a headset or headphone which would impair such person's ability to hear, nor shall any person while operating a motor vehicle wear any device which impairs such person's vision; provided, however, that a person may wear a headset or headphone for communication purposes only while operat ing a motorcycle. This Code section shall not apply to hearing aids or instruments for the improvement of defective human hearing, eyeglasses, or sunglasses. This Code sec tion shall not apply to any law enforcement officer or firefighter equipped with any com munications device necessary in the performance of his such person's duties.'
SECTION 1.1.
Said chapter is further amended by striking in their entireties".

FRIDAY, MARCH 10, 1995

1815

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
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 YBuck Y 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 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 Y Floyd
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 E 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 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 Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A 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 Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Y Streat Y Taylor E Teague Y Teper Y Thomas Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L
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, as amended, the ayes were 155, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

HR 501. By Representative Lane of the 146th: A resolution designating the John R. McKinney Medal of Honor Highway.

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

Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes
Bates 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
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

1816

JOURNAL OF THE HOUSE,

Y Harbin Y Harris
YHart Y Heard
Heckstall Hegstrom Y Hembree Y Henson Y Holland E 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
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 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 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
Stanley, P Stephenson Y Streat Y Taylor

E Teague Y Teper Y Thomas
Tillman Y Titus Y Towery Y Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L
Wall Y Watson Y Watts Y Westmoreland
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 152, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.
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 Bargeron
Y Barnard Y Barnes Y Bates Y Benetield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T
Brown, G
Y Brown, J
Brush
YBuck Y Buckner
Y Bunn Burkhalter
YByrd Campbell Canty
Y Carter

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
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
Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland E Holmes
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
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 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

FRIDAY, MARCH 10, 1995

1817

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 Stallings
Y Stancil, F Y Stancil, S
Stanley, L
Stanley, P

Stephensun Y Streat Y Taylor
E Teague Y Teper
Y Thomas Tillman
Y Titus
Y Towery

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 Williams, J
Y Williams, R Woods
Y Yates
Murphy, Spkr

On the passage of the Bill, the ayes were 147, nays 0. 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.

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.

The following Committee substitute was read and adopted:

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 authority of guardians relating to set tlement of the claims of minors; to provide for the jurisdiction of probate court judges in appointing guardians and temporary guardians; to change requirements and procedures relating to appointment of temporary guardians; to provide for bonds of guardians appointed by the probate court; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding to Code Section 29-2-16, relating to power to compromise contested or doubtful claims, new subsections to read as follows:
"(c) In the event the gross settlement amount for a minor child's claim is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the person or entity against whom the minor has a claim a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record. (d) If legal action has not been initiated, the judge of the probate court may, in his or her discretion, authorize any natural guardian to compromise and terminate any claim where the gross settlement amount approved by the court is over $5,000.00 but the net settlement amount is less than $10,000.00 without becoming the legally qualified guard ian; provided, however, the natural guardian shall hold and use such money for the ben efit of the child and shall be accountable for same. (e) If legal action has not been initiated and the net settlement is $10,000.00 or greater, the natural guardian must apply to become the legally qualified guardian and the pro posed settlement must be submitted to the probate court for approval. (f) If legal action has been initiated through a natural guardian as next friend, a settle ment is proposed, and the gross settlement amount approved by the court is over

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JOURNAL OF THE HOUSE,

$5,000.00 but the net settlement is less than $10,000.00, the judge before whom such action is pending may, in his or her discretion, authorize such natural guardian to com promise and terminate such claim and to receive any sums paid pursuant to a compro mise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. (g) If legal action has been initiated through a natural guardian as next friend and a settlement has been proposed under subsection (f) of this Code section and the net set tlement amount is $10,000.00 or greater, or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally quali fied guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or termi nating such claim or receiving any sums paid pursuant to a compromise or judgment, (h) If no legal action has been instituted concerning a claim of a minor against any per son or entity, a guardian who is not the natural guardian must obtain the approval of the probate court before compromising such claim. If legal action has been instituted concerning a claim of a minor against any person or entity, a guardian who is not the natural guardian must obtain the approval of the judge before whom the action is pend ing before compromising such claim. Either the probate judge or the judge before whom the action is pending may appoint a guardian ad litem to look into the best interests of the minor before approving a compromise claim. (i) If legal action has been instituted and the guardian and the defendant in such action have agreed upon a settlement, the settlement must be approved by the judge of the court before whom the action is pending. The guardian shall not be permitted to dismiss the action and present the settlement to the probate court for approval without the approval of the trial judge before whom the action is pending. (j) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child. (k) The term 'net settlement' shall mean the gross settlement less attorneys' fees, expenses of litigation, and medical expenses for the ward which will be paid from the settlement proceeds. For purposes of determining whether a settlement must be submit ted to a court for approval, the 'gross settlement' shall include the present value of amounts received after majority, but for purposes of whether a guardian of the property is necessary, 'gross settlement' and 'net settlement' shall not include amounts to be received after majority. In determining the present value for purposes of this Code sec tion, the present value of any payments to be received in the future by or on behalf of the minor shall be deemed to be the cost paid by or on behalf of the alleged tortfeasor to purchase any annuity or other financial arrangement; and if the alleged tortfeasor or his or her insurer undertakes to make such future payments without purchasing an annuity or other financial arrangement, the present value shall be deemed to be the value in current dollars as calculated in good faith by the alleged tortfeasor or his or her insurer."
SECTION 2. Said title is further amended by striking subsection (d) of Code Section 29-4-2, relating to who are natural guardians of minors, which reads as follows:
"(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provi sions shall apply:
(1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guard ian of the property and without such guardian's action being approved by a court of record; (2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided,

FRIDAY, MARCH 10, 1995

1819

however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same; (3) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guard ian shall hold and use such money for the benefit of the child and shall be account able for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment; and (4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.", in its entirety.
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 29-4-4, relating to appointment of guardian by the judge of the probate court, in its entirety and inserting in its place the following:
"(a) The judge of the probate court of the county in which a minor having no guardian is domiciled shall have the power to appoint a guardian of the person and property, or either, of the child. Concurrently, the probate court where the minor is found shall have jurisdiction unless an interested party requests that the case be transferred to the county of the minor's domicile."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 29-4-4.1, relating to appointment of temporary guardian, in its entirety and inserting in its place the follow ing:
"29-4-4.1.
(a)(l) The judge of the probate court of the county in which the person having actual physical custody ef the minor is found resides shall have the power to appoint a tem porary guardian of the person or property, or both, of the minor when the aetaal whereabouts ef ene or both ef the minor's natural guardians are unknown or wfee the minor is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardianship rights, or one or both of the natural guardians fail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian. (2) Provided the requirements in paragraph (1) of this subsection are met, if if such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selec tion is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected. (3) If one or both of the natural guardians of the minor has indicated a preference as to the person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it js stated in a notarized relin quishment of parental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference

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JOURNAL OF THE HOUSE,

or no preference. A preference may be indicated by nomination in a notarized relinquishment of parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later. (b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardi anship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is unknown or is outside this state, by first-class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication as provided Code Section 0-11-4, relating te process once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guardianship within 14 days after such notice is mailed or 10 days after such notice is first published, whichever is later, the judge of the probate court shall appoint a tempo rary guardian. (c) Upon subsequent application to the court fer guardianship ef the miner by the minor's natural guardian, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship. (d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insur ance coverage for the ward, such temporary guardianship shall be deemed to be a per manent guardianship."
SECTION 5. Said title is further amended by striking subsection (b) of Code Section 29-4-12, relating to bond of appointed guardians, in its entirety and inserting in its place the following:
"(b) A guardian appointed by the judge of the probate court shall give bond when so required with good and sufficient security, approved by the judge of the probate court and payable to the judge and his or her successors; provided, however, at the discretion of the judge of the probate court, no bond may be required when no cash funds will be received by the guardian during the ward's minority or where the only assets are real estate. If the guardian is for the person only, the court, in its discretion, may dispense with the requirement that the guardian give bond; and, in the event that bond is required, it shall not exceed $1,000.00. If the guardian is for the property or for the per son and property of the ward, the court shall require before the issuance of letters of guardianship that the guardian give bond and security in double the supposed value of the ward's estate, provided that, if the bond is secured by a licensed commercial surety authorized to transact business in this state, the guardian may give bond in an amount equal to the value of the estate."
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
Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong
Bordeaux

Y Bostick Breedlove
Y Brooks, D Brooks, T Brown, G
Y Brown, J Brush
Y Buck Y 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 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
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
Manner

FRIDAY, MARCH 10, 1995

1821

Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland E Holmes Y Howard Y Hudson Y Hugley Y Irvin
James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston
Jones Y 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
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
Bandall
Y Randolph YKay
Reaves Y Reichert Y Roberts Y Rogers
Royal Y Sanders Y Sauder
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 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 Y Taylor

E 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 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 147, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.

Representative Royal of the 164th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
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.

The following Committee substitute was read:

A BILL
To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to tel ephone and telegraph service and regulation of such service, so as to provide for an alter native system of regulation of telecommunications service; to provide for a short title; to provide for legislative findings and intent; to define certain terms; to provide for the con ditions under which such alternative system of regulation shall be established; to provide for fair competition and consumer protection in the local exchange and intrastate telecom munications industry; to provide for technological investment in such industry and eco nomic development for the State of Georgia; to provide for matters to be regulated under such regulatory system; to provide for the jurisdiction, powers, and duties of the Public Service Commission with respect to implementing such regulatory system; to authorize the Public Service Commission to petition, intervene, or commence proceedings before federal agencies or courts in furtherance of enhancing the competitive market for telecommunica tions services in Georgia; to provide for the applicability of the rules and regulations of the Public Service Commission; to authorize competition between local exchange compa nies under certain conditions; to authorize the reselling of local exchange services under

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JOURNAL OF THE HOUSE,

certain conditions; to prohibit certain local exchange companies or telecommunications companies from providing local exchange services which services are purchased from another local exchange company if those services are jointly marketed with any interLATA service until a certain date; to provide penalties for such violations; to provide for inter connection between certificated providers; to provide procedures for interconnection; to authorize local exchange companies to make an election relative to alternative regulation; to provide for rates for switched access; to create a Universal Access Fund and to provide for contributions to and disbursements from said fund; to require local exchange compa nies to file certain information with the Public Service Commission; to provide limitations on local exchange companies which elect an alternative system of regulation; to provide for portability of telephone numbers; to provide restrictions on local measured telecommunica tions services; to provide that certain local exchange companies shall have an investment commitment; to provide for certain privacy with respect to telecommunications services; to provide that no provider of telephone caller identification service shall be held liable for violations of this Act committed by other persons or corporations; to require the Public Service Commission to report annually to the General Assembly concerning the transition to alternative regulation; to provide for applicability; to provide for other matters relative thereto; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service and regulation of such service, is amended by adding a new Article 4 to read as follows:
"ARTICLE 4
46-5-160. This article shall be known and may be cited as 'The Telecommunications and Competi tion Development Act of 1995.'
46-5-161. (a) The General Assembly finds:
(1) It is in the public interest to establish a new regulatory model for telecommunica tions services in Georgia to reflect the transition to a reliance on market based compe tition as the best mechanism for the selection and provision of needed telecommunications services at the most efficient pricing; (2) Investment in the telecommunications infrastructure required to further economic growth in Georgia and to meet the growing demands of Georgia's consumers will be encouraged through competition; and (3) In order to ensure the implementation of this new reliance on market based com petition, any legislative obstacles to competition for local exchange services must be removed. (b) It is the intent of this article to: (1) Permit local exchange companies to elect alternative forms of regulation; (2) Protect the consumer during the transition to a competitive telecommunications market; (3) Assure reasonable cost for universal access to basic telecommunications services throughout Georgia; (4) Encourage investment in Georgia's telecommunications infrastructure and encour age the introduction of innovative products and services for Georgia's consumers; (5) Authorize competition for local exchange services; and (6) Allow pricing flexibility for all telecommunications services other than basic local exchange services.
46-5-162. As used in this article, the term:

FRIDAY, MARCH 10, 1995

1823

(1) 'Alternative regulation' means a form of regulation pursuant to which the rates, terms, and conditions for telecommunications services provided by a local exchange company are set pursuant to the rules specified in this article. (2) 'Basic local exchange services' or 'universal access local exchange services' mean the provision to residential and single line business customers in Georgia of services composed of a touch tone switched access line and dial tone, of a quality sufficient for two way voice and 9600 baud data/fax communications. This service shall include 1 + dialing for access to competitive providers of telecommunications services by Jan uary 1, 1997. The elements of universal access local exchange services are subject to subsequent review and modification by the commission. (3) 'Caller identification service' means a type of telephone service which permits tele phone customers to see the telephone number of incoming telephone calls.
(4) 'Commission' means the Georgia Public Service Commission. (5) 'Electing company' means a local exchange company subject to the alternative reg ulation described in this article. (6) 'Fund' means the Universal Access Fund created in Code Section 46-5-167. (7) 'Gross domestic product-price index' or 'GDP-PI' means the gross domestic product fixed weight price index calculated by the United States Department of Com merce. (8) 'Interconnection service' means the service of providing access to a local exchange company's facilities for the purpose of enabling another telecommunications company
to originate or terminate telecommunications service. (9) 'Local calling area' means the geographic area encompassing one or more local exchanges as described in commission orders or in maps, tariffs, and rate schedules reviewed and approved by the commission. (10) 'Local exchange company" means a telecommunications company authorized to
provide local exchange service as described in this article. For purposes of this article, there shall be two categories of local exchange companies:
(A) Tier 1 companies are those companies with two million or more access lines within Georgia holding a certificate of public convenience and necessity issued by the commission; and
(B) Tier 2 companies are those companies with less than two million access lines within Georgia holding a certificate of public convenience and necessity issued by the commission. (11) 'Local exchange services' means services offered for the transmission and utiliza tion of two-way interactive communications and associated usage with the local calling
area. (12) 'Local interconnection services' means that part of switched interconnection ser vice provided for the purpose of originating or terminating a call which originates and terminates within the local calling area.
(13) 'Portability' means the technical capability that permits a customer to retain the same local number at the same customer location regardless of the provider of the local exchange service. (14) 'Switched access' means that part of switched interconnection service provided
for the purpose of originating or terminating a toll service. (15) 'Switched interconnection service' means that part of interconnection service which utilizes the local exchange company's switching facilities to provide line or trunkside access or both to the local exchange company's end office or tandem
switches for the purpose of originating and terminating the telecommunications ser vices of other telecommunications companies. (16) 'Tariff means the schedule or other writing filed with the commission that
describes the rates, terms, and conditions of certain telecommunications services pro vided by the telecommunications company. (17) 'Telecommunications company' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity offering telecommunica
tions services to the public for hire. (18) 'Telecommunications services' means the services for the transmission of two-way interactive communications. For purposes of illustration, the term 'telecommunications

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services' includes without limitation local exchange services and interconnection ser vices. (19) 'Toll service' means the transmission of two-way interactive switched communica tions between local calling areas. (20) 'Universal access provider' means a local exchange company that is obligated to provide basic local exchange service in all of its local calling areas in response to rea sonable requests for such service and which, in consideration of such obligation, may have its rates for local switched interconnection service established as provided in this article.
46-5-163. (a) The commission shall have the authority to issue multiple certificates of authority for local exchange services upon a showing to the commission that an applicant pos sesses satisfactory financial and technical capability. Any certificate existing on July 1, 1995, shall remain effective. A certificate is not required for a telecommunications com pany to provide commercial mobile services. The commission shall also have the author ity to issue certificates to long distance telecommunications carriers subject to federal court decisions, federal law, and regulations of the Federal Communications Commission. (b) A showing of public convenience and necessity is not a condition for issuing a com peting certificate of authority. Prior to July 1, 1998, only a currently certificated Tier 2 local exchange company may be issued a certificate of authority to compete for service in an area serviced by an existing Tier 2 local exchange company. (c) Any certificate of authority issued by the commission is subject to revocation, sus pension, or adjustment where the commission finds upon complaint and hearing that a local exchange company has engaged in unfair competition or has abused its market position. (d) The commission shall grant certificates of authority in a timely manner and all such proceedings on complaints regarding abuse shall be resolved in a timely manner. (e) All local exchange companies certificated by the commission shall be subject to the same rules and regulations applied by the commission to other local exchange companies certificated to provide local exchange services within the same area.
46-5-164. (a) All local exchange companies shall permit reasonable interconnection with other cer tificated local exchange companies. This subsection includes all or portions of such ser vices as needed to provide local exchange services. (b) The rates, terms, and conditions for such interconnection services shall not unrea sonably discriminate between providers and shall be negotiated between the providers and filed with the commission. (c) In the event that such rates, terms, or conditions cannot be negotiated by the par ties, the commission shall determine the reasonable rates, terms, or conditions for the interconnection services. (d) Such interconnection services shall be provided for intrastate services on an unbundled basis similar to that required by the FCC for services under the FCC's juris diction. (e) Local exchange companies shall have the right to resell local exchange services pur chased from other local exchange companies; provided, however, that the resale of basic local exchange services supported by the Universal Access Fund shall be limited to users and uses conforming to the definition of basic local exchange services set forth in para graph (2) of Code Section 46-5-162. No local exchange company or telecommunications company, except those telecommunications companies authorized to purchase local exchange services from a local exchange company for resale prior to July 1, 1995, may provide local exchange services which services are purchased from another local exchange company if those services are jointly marketed with any interLATA service until that date certain when all local exchange companies and telecommunications com panies are permitted by federal, state, and local laws, regulations, and rules to jointly market interLATA services and local exchange services. The term 'jointly market' shall include any advertisement or marketing effort in which two or more products or services

FRIDAY, MARCH 10, 1995

1825

are provided or offered to a consumer, such efforts including, without limitation, sales referrals, resale arrangements, and sales agency arrangements. The provisions of Code Sections 46-2-90 through 46-2-93 shall apply to any violation of this Code section. Futhermore, such a violation may be considered an abuse of market position, and the provisions subsection (c) of Code Section 46-5-163 shall apply. (f) The basic local exchange services of Tier 2 local exchange companies may be pur chased by competing providers at the tariffed rate, provided such reselling does not result in the loss of intrastate or interstate revenues to the selling company for the indi vidual service being resold. This subsection does not apply to Tier 2 local exchange com panies that have switched access rates that are lower than or at parity with the same local exchange company's interstate switched access rates. (g) The commission shall have the authority to require local exchange companies to pro vide additional interconnection services and unbundling.
46-5-165. (a) Any Tier 1 local exchange company may elect to have its rates, terms, and condi tions for its services determined pursuant to the alternative regulation described in this article, in lieu of other forms of regulation including but not limited to rate of return or rate base monitoring or regulation, upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request and to invest $500 million per year for five years to improve and strengthen telecommunica tions services in Georgia; provided, however, that after the expiration of three years of such investments, the commission shall determine, after notice and opportunity for a tier 1 local exchange company or other interested parties to be heard, whether such investment commitment should be continued for the remaining two years or whether such commitment should be reduced. (b) Any Tier 2 local exchange company may elect to have the rates, terms, and condi tions for its services determined pursuant to the alternative regulation described in this article upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request. (c) The alternative regulation under this article shall become effective on the date speci fied by the electing company but in no event sooner than 30 days after such notice is filed with the commission.
46-5-166. (a) An electing local exchange company shall have its rates for basic local exchange ser vices determined pursuant to this Code section. (b) Rates for basic local exchange services for residential and single line business cus tomers in effect on the date the local exchange company becomes subject to alternative regulation described in this article shall be the maximum rates that the local exchange company may charge for basic local exchange services for a period of five years, provided that such maximum rates are subject to review by the commission pursuant to subsec tion (f) of this Code section under rules promulgated by the commission. During such period, the local exchange company may charge less than the authorized maximum rates for basic local exchange services. Thereafter, rate adjustments for basic local exchange services may be made pursuant to subsection (c) of this Code section. (c) Rates for basic local exchange services may be adjusted by the electing company subject to an inflation based cap. Inflation shall be measured by the change in the GDPPI. The electing company is authorized to adjust the cap on an annual basis. The cap requires that the annual percentage rate increase for basic local exchange services shall not exceed the greater of one-half of the percentage change in the GDP-PI for the pre ceding year when the percentage change in the GDP-PI exceeds 3 percent or the GDPPI minus 2 percentage points. (d) In the event the GDP-PI is no longer available, the commission shall elect a compa rable broad national measure of inflation calculated by the United States Department of Commerce for its use. (e) The local exchange company shall set rates for all other local exchange services on a basis that does not unreasonably discriminate between similarly situated customers;

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JOURNAL OF THE HOUSE,

provided, however, that all such rates are subject to a complaint process for abuse of market position in accordance with rules to be promulgated by the commission. Compet ing local exchange companies may resell local exchange services purchased from other local exchange companies.
(f)(l) Except as otherwise provided in this subsection, the rates for switched access by each Tier 1 local exchange company shall be no higher than the rates charged for interstate access by the same local exchange company. (2) Each Tier 2 local exchange company shall, within five years of enactment of this article, adjust in equal annual increments its intrastate switched access charges to par ity with its similar interstate access rates. The commission shall have authority to gov ern the transition of Tier 2 local exchange company switched access rates to their corresponding interstate levels and shall allow adjustment of other rates, including those of basic local exchange services or universal service funds, as may be necessary to recover those revenues lost through the concurrent reduction of the intrastate switched access rates. In no event shall such adjustments exceed the revenues associ ated with intrastate to interstate access parity as of July 1, 1995. In addition, if access revenues have dropped below July 1, 1995, levels in subsequent years, the adjustment in those years will be based on the reduced balance. Any intrastate to interstate switched access adjustments resulting in increased local rates that have been capped under subsection (b) of this Code section will be allowed and a new cap will be estab lished pursuant to this Code section. (3) In the event that the rates for switched access cannot be negotiated between the parties, the commission shall determine the reasonable rates for switched access, (g) In accordance with rules to be promulgated by the commission, any electing com pany shall file tariffs with the commission for basic local exchange services and other local exchange services that state the terms and conditions of such services and the rates as established pursuant to this Code section.
46-5-167. (a) The commission shall create a Universal Access Fund to assure the provision of rea sonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission under rules to be promulgated by the commis sion as needed to assure that the fund operates in a competitively neutral manner between competing telecommunications providers. (b) The commission shall require all telecommunications companies providing telecom munications services within Georgia to contribute quarterly to the fund in a proportion ate amount to their gross revenues from sale of such telecommunications services as determined by rules to be promulgated by the commission. (c) The commission may also require a company other than a local exchange company to contribute to the fund if, after notice and opportunity for hearing, the commission determines that the company is providing private local exchange services or radio based local exchange services in this state that compete with a telecommunications service pro vided in this state for which a contribution to the fund is required under this Code sec tion. (d) Contributions to the fund shall be determined by the commission based upon esti mates as to the difference in the reasonable actual costs of basic local exchange services throughout Georgia and the amounts established by law or regulations of the commis sion as to the maximum amounts that may be charged for such services. (e) Moneys in the fund shall be distributed quarterly to all providers of basic local exchange services upon application and demonstration that the reasonable costs as determined by the commission to provide basic local exchange services exceed the maxi mum fixed price permitted for such basic local exchange services. The commission may take into account the possibility that a competing local exchange company is providing or could provide lower cost basic local exchange services. Competitive providers shall be entitled to obtain a similar subsidy from the fund to the extent that they provide basic local exchange services; provided, however, that such subsidy shall not exceed 90 percent of the per line amount provided the incumbent local exchange company for existing basic local exchange service or 100 percent of new basic local exchange service.

FRIDAY, MARCH 10, 1995

1827

(f) The commission shall require any local exchange company seeking reimbursement from the fund to file the information reasonably necessary to determine the actual and reasonable costs of providing basic local exchange services. (g) The commission shall have the authority to make adjustments to the contribution or distribution levels based on yearly reconciliations and to order further contributions or distributions as needed between companies to equalize reasonably the burdens of pro viding basic local exchange service throughout Georgia. (h) A local exchange company or other company shall not establish a surcharge on cus tomers' bills to collect from customers' contributions required under this Code section.
46-5-168. (a) The jurisdiction of the commission under this article shall be construed to include the authority necessary to implement and administer the express provisions of this arti cle through rule-making proceedings and orders in specific cases. (b) The commission's jurisdiction shall include the authority to:
(1) Adopt reasonable rules governing certification of local exchange companies; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Establish and administer the Universal Access Fund including modifications to the maximum allowable charge for basic local exchange service; (4) Adopt reasonable rules governing service quality; (5) Resolve complaints against a local exchange company regarding that company's service; (6) Require a telecommunications company electing alternative regulation under this article to comply with the rate adjustment provisions of this article; (7) Approve and if necessary revise, suspend, or deny tariffs in accordance with the provisions of this article; (8) If necessary, elect another comparable measurement of inflation calculated by the United States Department of Commerce; (9) Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company; and (10) Direct telecommunications companies to make investments and modifications necessary to enable portability. (c) The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this article no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of rulemaking, petition, or complaint that initiated the pro ceeding. (d) In conducting any rule-making proceeding under this article, the commission shall consider the following factors: (1) The extent to which cost-effective competitive alternatives are available to existing telecommunications networks and services; and (2) Requirements necessary to prevent any disadvantage or economic harm to con sumers, protect universal affordable service, establish and maintain an affordable Uni versal Access Fund, protect the quality of telecommunications services, prevent anticompetitive practices, and prevent abandonment of service to areas where there is no competing provider of telecommunications service. (e) Subject to any other provision of law protecting the confidentiality of trade secrets, the commission shall have access to the books and records of telecommunications com panies as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations and to carry out its responsibilities under this article. (f) In order to promote economic development and competitive advantage for the State of Georgia, the commission shall have the authority to petition, intervene, or otherwise commence proceedings before the appropriate federal agencies and courts having specific

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JOURNAL OF THE HOUSE,

jurisdiction over the regulation of telecommunications seeking to enhance the competi tive market for telecommunications services within the state.
46-5-169. A company electing alternative regulation:
(1) Shall comply with orders issued and rules adopted by the commission to imple ment the express provisions of this article as a condition of obtaining or retaining a certificate of authority under this article; (2) Shall not refuse any reasonable application for basic local exchange service; (3) Shall not give any unreasonable preference or advantage to any customer when providing telecommunications services; (4) Shall not, either directly or through affiliated companies, engage in any anticompetitive act or practice including but not limited to price squeezing, price dis crimination, predatory pricing, or tying arrangements, as such terms are commonly applied in antitrust law; (5) Shall not cross-subsidize nonregulated or alternatively regulated services with rev enue created by regulated services; (6) Shall not give any preference to affiliated companies; (7) Shall allow the resale of its services. Nothing in this Code section shall restrict a customer from authorizing an agent to order such services on its behalf; and (8) Shall not be required to seek regulatory approval of its depreciation rates or schedules.
46-5-170. Providers of local exchange services shall have access to local telephone numbering resources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guidelines and commission rules. Additionally, all local exchange companies shall make the neces sary modifications to allow portability of local numbers between different certificated providers of local exchange service as soon as reasonably possible after such portability has been shown to be technically and economically feasible and in the public interest.
46-5-171. A local exchange company may not charge a residential customer or single line business for basic local exchange service based on the duration of a call or on the time of day that a call is made; provided, however, that such restriction shall not apply in any case where a customer or business requests charges based on the duration of a call or on the time of day that a call is made. This Code section does not prohibit a local exchange company from offering discounts based on the time of day that a call is made if the company also offers basic local exchange service at a rate permitted under Code Section 46-5-166.
46-5-172. A Tier 1 local exchange company shall provide an annual report with quarterly updates to the commission regarding its investment commitment as prescribed in subsection (a) of Code Section 45-5-165. Contributions to infrastructure for distance learning and telemedicine by a Tier 1 local exchange company shall be considered an investment credit toward the required investment commitment of such Tier 1 company.
46-5-173. (a) Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification:
(1) Intentionally disclose the unpublished telephone line identification to another per son for purposes of resale or commercial gain; (2) Intentionally use the unpublished telephone line identification to solicit business; or (3) Intentionally disclose the unpublished telephone line identification through a com puter data base, on-line bulletin board, or other similar mechanism.

FRIDAY, MARCH 10, 1995

1829

(b) Each intentional disclosure or use of an unpublished telephone line identification is a separate violation. A person other than a corporation who violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $5,000.00. A corporation that violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $50,000.00. (c) The commission shall promulgate rules to further establish privacy guidelines appli cable to telecommunications services. (d) No provider of telephone caller identification service shall be held liable for viola tions of this article committed by other persons or corporations.
46-5-174. The commission shall report to the General Assembly annually on the status of the tran sition to alternative regulation of telecommunications services in Georgia."
SECTION 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Pursuant to Rule 134, Representatives Jones of the 71st, Smith of the 175th, Parsons of the 40th and Heckstall of the 55th were excused from voting on SB 137.

The following amendment was read:

Representatives Snow of the 2nd and Carter of the 166th move to amend the Committee substitute to SB 137 by inserting in line 14 of page 2 after "thereto;" the following:
"to amend Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to communication services, so as to provide for disbursement of funds from the Universal Service Fund only upon approval of the Public Safety Commission;".
By inserting between lines 4 and 5 of page 16 the following:
"SECTION 1.1.
Article 5 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to communication services, is amended by striking Code Section 50-5-200, relating to use of funds in the Universal Service Fund not used for qualifying hardship assistance filings, in its entirety and inserting in lieu thereof the following:
'50-5-200.
(a) Except as further provided in subsection (b) of this Code section, all funds remain ing in the Universal Service Fund as of March 20, 1992, which are not used for qualify ing hardship assistance filings shall be used solely for the purpose of funding awards by the governing board and the other distance learning and telemedicine purposes provided under this part. Qualifying hardship assistance filings are those hardship assistance fil ings approved by the Public Service Commission pursuant to Public Service Commission Docket No. 3921-U before March 20, 1992, which result in payments to the successful applicant for a period not to exceed two years from the date of filing.

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(b) For a period of three years after March 20, 1992, an amount not to exceed $23 mil lion may be used from the Universal Service Fund for the purpose of offsetting transi tional expenses and costs associated with the 16 mile calling radius as permitted under subsection (g) of Code Section 46-2-25.2. The Department of Administrative Services, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $23 million not so disbursed by the Department of Administrative Services for said purposes within three years after March 20, 1992, shall become available solely fer the purpose ef funding awards by the governif beafd ad the other distance learning and telcmcdicinc purposes provided tot this part remain in the Universal Service Fund to be disbursed only upon approval of the
Public Service Commission.'".

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

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

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

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

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

Smith, W
N Smyre N Snelling Y Snow N Stallings Y Stancil, F Y Stancil, S N Stanley, L
Stanley, P Y Stephenson Y Streat N Taylor E Teague
Teper Thomas Y Tillman N Titus Towery N Trense Y Turnquest 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 adoption of the amendment, the ayes were 61, nays 97. The amendment was lost.

The following amendment was read:

Representative Crawford of the 129th moves to amend the Committee substitute to SB 137 as follows:
By adding Code Section 46-5-174 to read:
Local exchanges 495 and 567 shall be included in the 404 area code, and remove from 706 area code.

FRIDAY, MARCH 10, 1995

1831

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
Bargeron Y Barnard N Barnes Y Bates N Benefield N Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J N Brush NBuck
Buckner YBunn N Burkhalter NByrd Y Campbell Y Canty Y Carter N Chambless Y Channell N Childers N Coker Y Coleman, B N Coleman, T N Connell YCox Y Crawford

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

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

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

On the adoption of the amendment, the ayes were 71, nays 87. The amendment was lost.

Smith, W NSmyre Y Snelling
Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P Y Stephenson Y Streat N Taylor ETeague
Teper
N Thomas Y Tillman
N Titus Towery
Y Trense Y Turnquest N Twiggs N Walker, L Y 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 N Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Shaw of the 176th moves to amend the Committee substitute to SB 137 by striking in their entirety lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, 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; to pro vide for modification of rate schedules; to provide for recovery of expenses or lost revenue by telephone companies; to provide that the rate-making power of the Public Service Com mission shall not be affected; to provide for".
By adding on line 14 of page 2 between the first semicolon and the words "to provide" the following:
"to amend Code Section 50-5-200 of the Official Code of Georgia Annotated, relating to the use of funds in Universal Service Fund not used for qualifying hardship assistance fil ings, so as to provide for the use of funds in the Universal Service Fund to facilitate toll free calling between two telephones where the central offices serving such telephones are within 22 miles of each other;".
By striking in their entirety lines 18 through 21 of page 2 and inserting in lieu thereof the following:

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"Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in its entirety Code Section 46-2-25.2, relating to 16 mile toll free telephone calling, and inserting in lieu thereof a new Code Section 46-2-25.2 to read as follows:
'46-2-25.2.
(a) It is the purpose of this Code section to provide for toll free calling between two telephones where the central offices serving such telephones are within 22 miles of each other.
(b) On and after January 1, 1996, the Public Service Commission shall not approve any new rate schedule which authorizes a long-distance charge for calls between two tele phones where the central offices serving such telephones are within 22 miles of each other.
(c) On and after January 1, 1996, rate schedules approved by the Public Service Com mission prior to January 1, 1996, shall be amended so as to reduce by one-half the long distance charge for calls between two telephones where the central offices serving such telephones are within 22 miles of each other.
(d) On or before January 1, 1996, the Public Service Commission shall conduct hearings and accept evidence with respect to previously approved rate schedules and upon con sideration of such evidence shall determine any further reductions in long-distance charges for calls between two telephones where the central offices serving such tele phones are within 22 miles of each other. Such determination shall consider the availa bility of funds and other revenue sources to affected companies to offset the costs associated with such further reductions.
(e) All rate schedules approved pursuant to this Code section shall take into account the following:
(1) The reasonable cost of providing such service to customers of the telephone com pany throughout the entire service area of such telephone company and the increased value resulting from such expanded calling areas; and
(2) The reasonable rate of return on investment authorized in the rate schedule approved by the Public Service Commission for such telephone company.
(f) Any telephone company seeking to recover any portion of its expenses or lost toll revenues resulting from the required implementation of the 22 mile toll free calling plan contained in this Code section shall demonstrate its financial hardship to the Public Ser vice Commission before such recovery shall be allowed. It shall be within the discretion of the Public Service Commission to determine the methodology and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 22 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seeking assistance in excess of those authorized in their respective tariffs. Such methodology and source for offsetting costs shall include but not be limited to recovery from the Universal Service Fund as permit ted under Code Section 50-5-200.
(g) Nothing in this Code section shall be interpreted as amending, modifying, or repeal ing Code Section 46-2-23, relating to the rate-making power of the Public Service Com mission generally and special provisions concerning telecommunications companies.'
SECTION 2.
Said title is further amended by adding at the end of Chapter 5, relating to telephone and telegraph service and regulation of such service, a new Article 4 to read as follows:".
By adding between lines 4 and 5 of page 16 the following:

FRIDAY, MARCH 10, 1995

1833

"SECTION 3.
Code Section 50-5-200 of the Official Code of Georgia Annotated, relating to the use of funds in Universal Service Fund not used for qualifying hardship assistance filings, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new sub section (b) to read as follows:
'(b) For a period of three years after January 1, 1996, an amount not to exceed $25 mil lion may be used from the Universal Service Fund for the purpose of offsetting transi tional expenses and costs associated with the 22 mile calling radius as permitted under subsection (f) of Code Section 46-2-25.2. The Department of Administrative Services, as sole administrator of the Universal Service Fund, is authorized to make disbursements from the Universal Service Fund for such purposes upon proper certification of same by the Public Service Commission. Any portion of the $25 million not so disbursed by the Department of Administrative Services for said purposes within three years after Janu ary 1, 1996, shall become available solely for the purpose of funding awards by the gov erning board and the other distance learning and telemedicine purposes provided for in this part.'".
By renumbering Sections 2 and 3, lines 5 through 19 of page 16, as Sections 4 and 5, respectively.

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

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

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

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

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

Smith, W NSmyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson
Y Streat N Taylor ETeague
Teper Y Thomas Y Tillman N Titus
Towery
N Trense Y Turnquest YTwiggs 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 adoption of the amendment, the ayes were 79, nays 82. The amendment was lost.

Representative Holland of the 157th moved that the House reconsider its action in failing to adopt the Shaw amendment.

1834

JOURNAL OF THE HOUSE,

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

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

N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay N DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon, S N Dobbs N Ehrhart YEpps N Evans N Falls Y Felton
N Floyd N Godbee Y Golden Y Goodwin Y Greene N Grindley Y Hanner N Harbin Y Harris
YHart N Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland E Holmes Y Howard
Y Hudson

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

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

Smith, W N Smyre Y Snelling YSnow N Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor ETeague YTeper Y Thomas Y Tillman N Titus
Towery N Trense Y Turnquest Y 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 97, nays 69. The motion prevailed.

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

N Ashe N Bailey Y Baker N Bannister N Barfoot
Bargeron Y Barnard N Barnes Y Bates Y Benefield N Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G N Brown, J N Brush NBuck Y Buckner
YBunn N Burkhalter
YByrd N Campbell
Y Canty Y Carter N Chambless

Y Channel!
N Childers Coker
Y Coleman, B Y Coleman, T N Connell YCox Y Crawford N Crews N Culbreth
Cummings
Y Davis, G N Davis, M
NDay N DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon, S
N Dobbs N Ehrhart
YEpps N Evans Y Falls Y Felton Y Floyd
Godbee Y Golden

Y Goodwin
Y Greene N Grindley Y Hanner N Harbin Y Harris
YHart N Heard
Heckstall Y Hegstrom Y Hembree N Henson Y Holland E Holmes Y Howard Y Hudson Y Hugley N Irvin Y James Y Jamieson Y Jenkins N Johnson, G Y Johnson, J
N Johnston Jones
Y Joyce YKaye N Kinnamon

Y Klein
YLadd
Y Lakly
NLane N Lawrence NLee N Lewis Y Lifsey
Lord Y Lucas Y Maddox N Mann N Martin Y McBee N 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
Parsons Y Pelote

N Perry Y Pinholster N Polak Y Porter N Poston N Powell Y Purcell, A E Purcell, B Y Randall Y Randolph
YRay Y Reaves N Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins N Shanahan YShaw N Sherrill N Shipp N Simpson Y Sinkfield
N Skipper Smith, C
N Smith, C.W

FRIDAY, MARCH 10, 1995

1835

Y Smith, L N Smith, P Y Smith, T N Smith, V
Smith, W N Smyre Y Snelling YSnow

N Stalling* N Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson Y Streat Y Taylor

E Teague Y Teper
Thomas Y Tillman N Titus
Towery
N Trense
Y Turnquest

Y Twiggs Walker, L
N Walker, R.L N Wall N Watson N Watts N Westmorland Y Whitaker

On the adoption of the amendment, the ayes were 92, nays 69.

The amendment was adopted.

Y White N Wiles
N Williams, B
N Williams, J
N Williams, R
N Woods N Yates
Murphy, Spkr

Representative Ladd of the 59th moved that the House reconsider its action in failing to adopt the Crawford amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

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

N Hugley
Y Irvin
Y James Jamieson
Y Jenkins N Johnson, G Y Johnson, J Y Johnston
Jones N 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 Y McCall N McClinton N McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal Y Orrock

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

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

On the motion, the ayes were 101, nays 61. The motion prevailed.

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

N Ashe N Bailey
Baker Y Bannister N Barfoot
Bargeron Y Barnard N Barnes Y Bates

Y Benefield N Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J

N Brush NBuck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter

N Chambless Y Channell N Childers Y Coker Y Coleman, B Y Coleman, T N Connell YCox Y Crawford

Y Crews Y Culbreth
Cummings Y Davis, G Y Davis, M NDay N DeLoach, B Y DeLoach, G YDix

1836

JOURNAL OF THE HOUSE,

Y Dixon, H N Dixon, S N Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton N Floyd N Godbee Y Golden Y Goodwin Y Greene N Grindley
Hanner N Harbin Y Harris YHart N Heard
Heckstall Y Hegstrom Y Hembree N Henson Y Holland E Holmes Y Howard Y Hudson

N Hugley Y Irvin Y James
Jamieson Y Jenkins N Johnson, G Y Johnson, J Y Johnston
Jones N Joyce YKaye
N Kinnamon
Y Klein
YLadd Y Lakly NLane Y Lawrence NLee N Lewis Y Lifsey NLord Y Lucas Y Maddox YMann N Martin
N McBee Y McCall

Y McClinton McKinney
Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller N O'Neal Y Orrock Y Parham Y Parrish
Parsons Y Pelote N Perry Y Pinholster
N Polak N Porter N Postal N Powell Y Purcell, A E Purcell, B
N Randall Y Randolph
YRay Y Reaves N Reichert Y Roberts

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

On the adoption of the amendment, the ayes were 102, nays 58.

The amendment was adopted.

Y Stephenson Y Streat N Taylor E Teague NTeper
Thomas Y Tillman Y Titus
Towery
Y Trense Y Turnquest NTwiggs N Walker, L Y Walker, R.L
N Wall N Watson N Watts N Westmorland Y Whitaker Y White N Wiles Y Williams, B N Williams, J N Williams, R Y Woods Y Yates
Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot
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 Y Chambless Y Channel! Y Guilders 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 YHart Y Heard
Heckstall Y Hegstrom

Y Hembree Y Henson Y Holland E 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 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 YOrrock YParham Y Parrish
Parsons
Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A E Purcell, B YRandall Y Randolph
NRay 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
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
Stanley, P Y Stephenson Y Streat Y Taylor E Teague YTeper Y Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest
YTwiggs

FRIDAY, MARCH 10, 1995

1837

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 164, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Due to a mechanical malfunction, the vote of Representative Ray of the 128th was not recorded correctly on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

Mr. Speaker: The Senate insists on its substitute to the following bill of the House:

HB 202. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1995 and ending June 30, 1996.

The Senate has disagreed to the House substitute to the following bill of the Senate:

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.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 Senate substitute 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 provisions relating to expense reim bursement and expense allowances for members of the General Assembly; to provide for the amounts and manner of such allowances and reimbursements; to provide for items for

1838

JOURNAL OF THE HOUSE,

which such reimbursements and allowances may be paid; to authorize the increasing of certain amounts in future appropriations Acts; to provide that amounts not claimed shall lapse and shall be remitted to the general fund of the state treasury; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, is amended by striking the fourth undesignated subparagraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated subpara graph to read as follows:
"In addition to any other compensation and allowances autho rized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assem bly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the next calendar year. Expenses reimbursable up to such amount shall be limited to one or more of the following pur poses: per die differential, lodging, meals, office equipment, postage, personal services, printing and publications, rents, supplies, telecommunications, transportation, and utilities. No reimbursement shall be made for any postage which is used for a political newsletter. Per diem differential shall be the diffcreaee between the daily expense allowance authorized for e-
cffect for the state capital as specified hy the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the legislative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documenta tion. Ne supporting document er documents shaU be required fef the per die differential. Any voucher for any expense incurred in any year as defined in this paragraph shall be sub mitted no later than the fifteenth of April immediately follow ing the end of such year. No reimbursement shall be made on any voucher submitted after that date. Any amounts remaining in such expense account which are not claimed by April 15 and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted b^ the legislative fiscal office to the general fund of the state treasury. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any equipment for which reimbursement was paid may be disposed of in any manner by the member when such equipment has been fully depreciated. Any former member of the General Assembly may be reim bursed for expenses incurred while a member of the General Assembly upon compliance with the provisions of this para graph. The Legislative Services Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph (22), including, but not lim ited to, definitions of the above list of items for which reim bursement may be made2 and the form of the voucher which

FRIDAY, MARCH 10, 1995

1839

must be submitted to the legislative fiscal office^ and the determination of depreciation of equipment. In the event of any disagreement as to whether any reimbursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determination. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimbursement or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such person refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reim bursement or payment which was made in error shall be real ized. In addition to reimbursement for actual expenses incurred, as provided above, each member shall upon his or her claim be entitled to receive an allowance of per diem dif ferential for u to 50 days per year for which the member received the daily expense allowance. The amount of per diem differential which may be claimed for each such day shall be the difference between the daily expense allowance authorized for members of the General Assembly and the federal per diem rate in effect for the state capital on January J^ 1995, as speci fied by the General Services Administration; provided, how ever, that the amount of per diem differential may be changed prospectively in any appropriations Act, but not above the dif ference between the amount of the daily expense allowance then in effect and the federal per diem rate then in effect for the state capital as specified by the General Services Adminis tration. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legislative fiscal office shall keep a record of the days for which per diem dif ferential is so claimed and paid."
SECTION 2. This Act shall become effective on the convening date of the 1996 regular session of the General Assembly.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House disagree to the Senate sub stitute to HB 62.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

1840

JOURNAL OF THE HOUSE,

Representative Coleman of the 142nd moved that the House insist on its position in disagreeing to the Senate substitute to HB 202 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, Buck of the 135th and Coleman of the 142nd.
By unanimous consent SB 256, which was previously postponed until today, was post poned until Monday, March 13, 1995.

Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolution of the Senate were taken up for consideration and read the third time:
SB 224. By Senators Turner of the 8th, Broun of the 46th, Balfour of the 9th, Clay of the 37th, Johnson of the 1st 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.
The following amendment was read and adopted:

Representatives Lawrence of the 64th and Chambless of the 163rd move to amend SB 224 by adding on line 6 of page 1 after the word and symbol "mortgagor;" and before the word "to" the following:
"to provide that the amount of such tax which is passed to the borrower or mortgagor shall not be considered or treated as a part of any finance charge imposed by the holder in connection with the loan transaction;".
By striking the underscored comma and language on lines 1 and 2 of page 2 and inserting in lieu thereof the following:
"i provided, however, the holder may pass on the amount of such tax to the borrower or mortgagor but the amount of such tax passed to the borrower or mortgagor shall not be considered or treated as part of any finance charge imposed by the holder in connec tion with the loan transaction".

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 111, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

FRIDAY, MARCH 10, 1995

1841

The following substitute, offered by Representatives Irvin of the 45th and Skipper of the 137th, was read and adopted:

A BILL
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and tax ation, 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; to change certain provisions relating to notice of sales of tax executions; to provide a method for determining which tax executions may be trans ferred; to change certain provisions relating to amounts which may be charged by transfer ees of tax executions; to change certain provisions relating to land bank authority acquisition of property at tax sales; to provide for effective dates; to provide for applicabil ity; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 48 is amended by striking paragraph (1) of subsection (b) of Code Section 48-3-19, relating to the transfer of tax executions, and inserting in its place a new paragraph (1) to read as follows:
"(b)(l) The county governing authority of each county having tt population ef- 600,000 of niorc^ flccord111^ to tnc LJnitcu otfltcs ucccnniftt census or iyvu or &ny IUIUFC sucn ccnaua, in this state and the governing authority of each municipality within each such county may sell and transfer, in lot blocks of the aggregate principal amount of not less than $10,000.00, executions issued for delinquent ad valorem taxes at a discount or discounts not to exceed 10 percent of the principal amount and for interest then due on the executions. The transferee of executions sold and transferred shall have the same rights, powers, liens, and priorities as do the transferees of tax executions transferred in accordance with law under which no discount is allowed. When a dis count is allowed on the sale and transfer of any executions which include taxes due the state, no part of the discount shall be deducted from the portion of the taxes pay able to the state and the portion of the discount applicable to the taxes due the state shall be absorbed by the county or municipality. There shall not be included in any lot or block of tax executions sold and transferred at a discount any executions which exceed, or in any number of executions against the same person or corporation which exceed, in principal amount, 20 percent of the total principal amount of the executions in the lot or block of executions."
SECTION 2. Said title is further amended by striking paragraph (4) of subsection (b) of Code Section 48-3-19, relating to the transfer of tax executions, and inserting in its place a new para graph (4) to read as follows:
"(4) Tax executions sold and transferred at a discount in accordance with this subsec tion shall not be enforced by levy within three months of the date of the transfer. Nothing in this Code section shall be held or construed to affect or impair the lien or priority of lien of the executions or to interfere with the collection of the executions in any manner other than by levy of the executions. Tax executions sold and trans ferred in accordance with this subsection are not subject to the prior notice provision of subsection (a) of this Code section; provided, however, that both the defendant in fi. fa. and the current property owner of record shall be listed in a notice to be pub lished not less than once a week for three weeks during the 90 day period prior to levy in the legal organ of the county in which the execution was issued."
SECTION 3. Said title is further amended in Code Section 48-3-19, relating to the transfer of tax execu tions, by striking subsection (d) and inserting in its place new subsections (d) and (e) to read as follows:

1842

JOURNAL OF THE HOUSE,

"(d) In addition to the provisions of subsection (c) of this Code section, no person may pay an execution issued for ad valorem property taxes and thereby become the trans feree of such execution as provided in subsection (a) of this Code section if:
(1) The property which is the subject of the tax execution has been included among a list of properties identified by the local tax official, as authorized by the local gov erning authority, as eligible for exclusion from transfer of execution; (2) A public hearing has been held on the issue of excluding such property from eligi bility for transfer of execution; and (3) Following the public hearing, the governing authority of the county or municipal ity, as applicable, has, in its discretion, approved the property for exclusion from transfer of execution based on a determination that such exclusion is in the best inter est of the public. {d} (e) The person to whom a tax execution is transferred as provided in this Code sec tion or his such person's successor or assigns shall not charge the person against whom such execution was issued for the release or satisfaction of such execution more than the amount paid on the tax execution plus interest from the date of such transfer on such amount calculated at a rate not exceeding 12 percent per annum and any other costs associated with the filing of a transferred tax execution on any general execution docket."
SECTION 4. Said title is further amended by striking subsection (a) of Code Section 48-4-64, relating to the acquisition and disposal of property by land bank authorities, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) If any party obtains a judgment against a tax delinquent property within the party county for the taxes and, to satisfy the judgment, the property is ordered sold at a tax salej aad if ae pefsea bids a amount equal te the fan amount ef- aH t* bills, interest, cuiu costs owitt^f OR tfiG property trt rue 9QIC,' tue ftutfiomy 9xictii HQVC tiic option rt flny
te the authority the authority may tender one bid at such sale, and such bid shall be comprised of the authority's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner shall accept the authority's bid and make a deed of the property to the authority."
SECTION 5. (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 snail be applicable to all taxable years beginning on or after January 1, 1995. (b) Section 4 of this Act shall become effective on July 1, 1995.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, 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
Bargeron Barnard Y Barnes Bates Y Benefield Y Bitdsong

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 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
Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G

Dii Y Diion, H Y Diion, S YDobbs YEhrhart YEpps Y Evans Y Palls Y Felton
Floyd God bee

FRIDAY, MARCH 10, 1995

1843

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 E Holmes
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 Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin Y McBee
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 E Purcell, B
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
Smith, T Y Smith, V
Smith, W Y Smyre Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Y Stephenson
Streat

Y Taylor ETeague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Tumquest YTwiggs Y Walker, L
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, the ayes were 150, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following amendment was read and adopted:

Representatives Dixon of the 168th and Powell of the 23rd move to amend SB 250 by inserting on line 7 of page 1 after "examinations;" the following:
"to amend Code Section 40-5-83 of the Official Code of Georgia Annotated, 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;".
By inserting between lines 8 and 9 of page 2 the following:
"SECTION 2.5.
Code Section 40-5-83 of the Official Code of Georgia Annotated, relating to establishment and approval of DUI alcohol and drug use risk reduction programs and driver improve ment clinics, is amended by adding at the end a new subsection (f) to read as follows:
'(f) Those satellite DUI alcohol or drug use risk reduction programs in existence on Sep tember 1, 1980, which were serving counties not served by any other program on that date, which have operated continuously as satellite programs from that date, and which continued to operate on and after December 19, 1994, are authorized to continue to operate as satellite programs. A satellite program which meets the criteria of this subsec tion shall be specifically exempt from the rules and regulations promulgated by the Department of Human Resources affecting existing satellite programs and requiring

1844

JOURNAL OF THE HOUSE,

their closure, regardless of whether such exempt satellite program met at one time or now meets the requirements imposed by such rules and regulations for exemption from such rules and regulations.'".

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 109, nays 4.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

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.

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.

The following substitute, offered by Representatives Jenkins of the 110th, Twiggs of the 8th, Coleman of the 142nd and Lee of the 94th, was read and adopted:

A BILL
To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department 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 official duties; to pro vide for creation of the Auxiliary Service within the Uniform Division; to provide for appointment of members of the service; to provide for the rank, qualifications, compensa tion, benefits, authority, and powers of members of the service; to provide for equipment for members of such service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Depart ment of Public Safety, is amended by striking in its entirety Code Section 35-2-3, relating to the creation of the position of the commissioner of public safety and his or her duties, and inserting in lieu thereof a new Code Section 35-2-3 to read as follows:
"35-2-3. (a) There is created the position of commissioner of public safety. The commissioner shall be the chief administrative officer and shall be both appointed and removed by the

FRIDAY, MARCH 10, 1995

1845

board with the approval of the Governor. Except as otherwise provided by law and sub ject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by law. (b) The commissioner shall be authorized to promulgate rules and regulations as neces sary to carry out his or her official duties."
SECTION 2. Said chapter is further amended by adding a new Code Section 35-2-36.1 to read as fol lows:
"35-2-36.1.
(a) There is created within the Uniform Division, a special service known as the Auxil iary Service. The members of the Auxiliary Service of the Uniform Division shall be appointed by the commissioner on a part-time basis and shall serve at the pleasure of the commissioner. The members shall have such rank as assigned by the commissioner. The members of the Auxiliary Service shall be paid on an hourly basis and, with the exception of workers' compensation medical coverage and any benefits mandated by fed eral law, shall not be entitled to any employee benefits based on their employment in the Auxiliary Service. (b) Members of the Auxiliary Service shall have the same authority and powers as other members of the Uniform Division. (c) The commissioner is authorized to furnish the members of the Auxiliary Service with such equipment, uniforms, and badges as the commissioner deems necessary for the duties of such members. (d) No person shall be eligible for appointment in the Auxiliary Service unless that per son has, prior to such appointment, successfully completed trooper school, served in the Uniform Division, and voluntarily left the Uniform Division in good standing through retirement, resignation, or otherwise. Persons appointed to the Auxiliary Service must complete the annual training required under Code Section 35-8-21 for certified law enforcement officers, provided that such persons may serve up to six months without having such training. The Department of Public Safety is authorized to provide or to pay for such training in the same fashion that it provides or pays for such training for members of the Uniform Division."
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 104, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

By unanimous consent, the following Bill of the Senate was withdrawn from the Com mittee on Children and Youth and referred to the Committee on Special Judiciary:

SB 446. By Senator Boshears of the 6th:
A bill to amend Code Section 49-4-15 of the Official Code of Georgia Anno tated, relating to fraud in obtaining and wrongful receipt of public assistance and benefits, so as to change provisions relating to definitions of criminal offenses and penalties; to specifically provide that it shall be a criminal offense for any person to accept assistance and benefits with the knowledge that he or she is not eligible for such assistance or benefits.

1846

JOURNAL OF THE HOUSE,

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

HR 530. By Representatives Smyre of the 136th, Epps of the 131st, Sinkfield of the 57th, Stanley of the 50th and Lee of the 94th:
A resolution honoring the achievements of Tom Delaney 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 adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 202. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1995 and ending June 30, 1996.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hooks of the 14th, Walker of the 22nd and Ray of the 19th.

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 901 Do Pass HR 439 Do Pass SB 31 Do Pass SB 52 Do Pass, by Substitute SB 54 Do Pass

SB 64 Do Pass, by Substitute SB 281 Do Pass, by Substitute SB 294 Do Pass SB 317 Do Pass

Respectfully submitted, /s/ Godbee of the 145th
Chairman

Representative Walker of the 141st moved that the House do now adjourn until 10:00 o'clock, A.M., Monday, March 13, 1995 and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, A.M., Monday, March 13, 1995.

MONDAY, MARCH 13, 1995

1847

Representative Hall, Atlanta, Georgia Monday, March 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 Bannister 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 Channell Childers Coker Coleman, B

Connell Cox Crews
Culbreth
Cummings Davis, G Davis, M DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dobbs Ehrhart Epps Evans Falls Felton Floyd Greene Grindley Harbin Harris Heard Heckstall Hegstrom Hembree Holland Howard

Hudson Hugley James Jenkins Johnson, J Johns ton Joyce Kaye Kinnamon Klein Ladd Lakly Lane Lawrence Lee Lewis Lord Lucas Maddox Mann Martin McBee McCall
McClinton
McKinney Mills Mobley, B Mobley, J Mosley

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

Smith, P Smith, T Smith, V Smith, W Snetling Stallings Stancil, F Stancil, S Stanley, L Stephenson Streat Taylor Teper Thomas Tillman Titus
Towery
Twiggs
Walker, R.L Wall
Watson
Watts
Whitaker
Wiles
Williams, B
Williams, R
Woods
Yates

The following members were off the floor of the House when the roll was called:
Representatives Crawford of the 129th, Day of the 153rd, Lifsey of the 6th, Goodwin of the 79th, Skipper of the 137th, Hart of the 116th, Randall of the 127th, Scoggins of the 24th, Hanner of the 159th, Jones of the 71st, Walker of the 141st, Poston of the 3rd, Turnquest of the 73rd, Westmoreland of the 104th, Parham of the 122nd, Johnson of the 97th, Mueller of the 152nd, Trense of the 44th, Golden of the 177th, Jamieson of the 22nd, Parrish of the 144th, Smyre of the 136th, Godbee of the 145th, Williams of the 83rd, Coleman of the 142nd, Baker of the 70th, Henson of the 65th, Teague of the 58th and Irvin of the 45th.
They wish to be recorded as present.

Prayer was offered by Dr. Joe Peabody, Pastor, Kingswood United Methodist Church, Dunwoody, Georgia.

The members pledged allegiance to the flag.

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

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

1848

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 Resolutions of the House were intro duced, read the first time and referred to the committees:

HB 1033. By Representatives Poston of the 3rd and Crews of the 78th:
A bill to amend Code Section 16-6-5.1 of the Official Code of Georgia Anno tated, relating to sexual assault against persons in custody; sexual assault against a person detained or a patient in a hospital or other institution; and sexual assault by a practitioner of psychotherapy against a patient, so as to provide a definition.
Referred to the Committee on Judiciary.

HB 1034. By Representatives Wiles of the 34th, Parsons of the 40th, Johnston of the 81st, Grindley of the 35th, Lewis of the 14th and others:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to change the provisions relating to the prohibition against corporal punishment and the use of handcuffs, leg chains, and other restraints; to provide that the Department of Corrections and certain other correctional institutions shall require inmates coming into their custody who are able and who are not required to be confined under maximum security to labor on the public roads.
Referred to the Committee on State Institutions & Property.

HB 1035. By Representative Byrd of the 170th:
A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to change the provisions relating to exemptions.
Referred to the Committee on Health & Ecology.

HB 1036. By Representatives Dobbs of the 92nd, Watson of the 139th and Barfoot of the 155th:
A bill to amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surfacewater use, so as to impose application fees for certain permits; to impose a surcharge on the discharge of certain pollutants.
Referred to the Committee on Natural Resources & Environment.

MONDAY, MARCH 13, 1995

1849

HB 1037. By Representatives Jenkins of the 110th and Birdsong of the 123rd: A bill to create a board of elections and registration for Jones County.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1038. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide certain restrictions on the transfer of ownership or operation of a certain county landfill; to provide certain restrictions on the acceptance of waste generated out of the county.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1039. By Representative Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Buchanan, so as to annex certain territory into the city and change the corporate limits of the city.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1040. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating a board of commissioners of White County, so as to re-create the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1041. By Representatives Evans of the 28th and Breedlove of the 85th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the provisions relating to the expense allowance of the chairman and members of the board.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1042. By Representatives DeLoach of the 119th, Williams of the 114th, Howard of the 118th and Brown of the 117th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to provide requirements and procedures for the change of any symbolic color, colors, or mascot of any public school or of any athletic team of any public school of the Richmond County School District.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1043. By Representative Powell of the 23rd:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, so as to change the provisions relating to the compensation of the clerk of the superior court; to change the provisions relating to the compensation of the judge of the pro bate court.
Referred to the Committee on State Planning & Community Affairs - Local.

1850

JOURNAL OF THE HOUSE,

HB 1044. By Representative Powell of the 23rd:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the provisions relating to the compensation of the tax commissioner.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 531. By Representatives Greene of the 158th, Irvin of the 45th, Bostick of the 165th, Orrock of the 56th, Williams of the 114th and others:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for pari-mutuel wagering at horsetracks.
Referred to the Committee on Industry.

HR 532. By Representatives Buckner of the 95th, Stanley of the 49th, Stanley of the 50th, Martin of the 47th and Poston of the 3rd:
A resolution creating the House Evaluation of Court Ordered Visitation Rights Study Committee.
Referred to the Committee on Rules.

HR 533. By Representatives Bannister of the 77th, Johnson of the 97th, Lifsey of the 6th, Davis of the 60th and Joyce of the 1st:
A resolution urging the Department of Human Resources to consider adopt ing and promulgating rules and regulations regarding protection of certain mentally impaired residents of long-term care facilities.
Referred to the Committee on Health & Ecology.

HR 536. By Representatives Watson of the 139th, Murphy of the 18th, Lee of the 94th, Epps of the 131st, Williams of the 63rd and others:
A resolution creating the House Lottery Retailers Study Committee.
Referred to the Committee on Rules.

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

HB 1050. By Representative Connell of the 115th:
A bill to amend an Act providing a new charter for the City of Hephzibah, so as to provide for a reorganized government in -Richmond County; to repeal the charter of the City of Hephzibah.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1051. By Representative Connell of the 115th:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta.
Referred to the Committee on State Planning & Community Affairs - Local.

MONDAY, MARCH 13, 1995

1851

HB 1052. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Monroe County," so as to change the amount of compensation of the chairperson and members of the board of commissioners.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1053. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide that the local custodian and local registrar of such county shall be authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 of the O.C.G.A.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1054. By Representatives Howard of the 118th, Williams of the 114th and Hart of the 116th:
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.

HB 1055. By Representatives Hart of the 116th, Howard of the 118th and Williams of the 114th:
A bill to amend an Act providing a new charter for the City of Hephzibah, so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Hephzibah.
Referred to the Committee on State Planning & Community Affairs - Local.

HB 1056. By Representatives Hart of the 116th, Williams of the 114th and Howard of the 118th:
A bill to amend an Act chartering the City of Augusta, as the "City Council of Augusta," so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 545. By Representative Hart of the 116th:
A resolution creating the House Interagency Collaboration in Services to Youth Study Committee.
Referred to the Committee on Rules.

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

HB 1024 HB 1025 HB 1026 HB 1027

HB 1028 HB 1029 HB 1030 HB 1031

1852

JOURNAL OF THE HOUSE,

HB 1032 HR 520
HR 521 HR 522

SB 414 SB 459 SB 463

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 315 Do Pass SB 410 Do Pass
Respectfully submitted, /s/ Sinkfield of the 57th
Chairman

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

Mr. Speaker:

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

HR 325 Do Pass HR 464 Do Pass HR 466 Do Pass

HR 505 Do Pass SR 240 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 Resolutions of the Senate and has instructed me to report the same back to the House with the following recommendations:
SR 248 Do Pass, by Substitute SR 269 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:

MONDAY, MARCH 13, 1995

1853

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 1007 Do Pass HB 1008 Do Pass HB 1010 Do Pass HB 1011 Do Pass HB 1013 Do Pass HB 1016 Do Pass HB 1017 Do Pass HB 1018 Do Pass

HB 1019 Do Pass HB 1020 Do Pass HB 1021 Do Pass HB 1022 Do Pass, as Amended HB 1023 Do Pass SB 419 Do Pass SB 455 Do Pass

Respectfully submitted, M Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR MONDAY, MARCH 13, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 37th Legislative Day as enu merated below:
HR 411 24th Inf Div (Mechanized) at Fort Stewart; urge not redesignating
SB 22 Applicant for State Employment - submit to drug test SB 50 Liens of Persons W/Out Privity of Contract - commencement notices SB 69 Health - injunction cases filed by DHR, bds. of health SB 114 Cert. Criminal Cases - add. fines for victim assistance SB 124 Hearsay - cert, statements by child admissible SB 126 Cities, Counties - contracts for regional facilities SB 129 Auto Insurance Premium Reduction, Drivers Under 25 - requirements SB 223 Evidence - privileged communications, psychiatrist/patient SB 286 Group Self-Insur. Funds for Work. Comp. - definitions, applications SB 332 Insurance Corporations - cert, financial transactions SB 354 St Militia - cert, rights, benefits extended to cert. Nat'1 Guard SB 367 Bd. of Chiropractic Examiners - terms, qualifications, meetings SB 375 Permits for Pollutant Discharge into State Waters - limitations
SR 15 Charles Hardy Parkway - designate SR 18 Etowah Mounds Historic Site - DNR erect commemorative marker SR 19 Bartow Co. - conveyance of cert, state property SR 139 State-Wide Trauma Response Sys. Plan - create SR 226 Gwinnett Co. - leasing of cert, state property
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, Is/ Lee of the 94th
Chairman

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

HB 1007. By Representative Powell of the 23rd: A bill to provide a new charter for the Town of Bowersville.

1854

JOURNAL OF THE HOUSE,

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

HB 1008.

By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to provide for nonpartisan primaries and elections for members of the board of education of Pike County.

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

HB 1010.

By Representative Crawford of the 129th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the compensa tion of the chairman and members of the board of commissioners.

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

HB 1011.

By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to change the compensation of the mem bers of such board.

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

HB 1016.

By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Development Authority, so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies.

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

HB 1017. 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 describe the corporate boundaries of such city.

The following amendments were read and adopted:

Representatives Holland 157th and Hanner of the 159th move to amend HB 1017 as fol lows:
On page 2, line 28 between the words "Act" and "shall" insert the following:
"and the corporate boundaries described in Section 1 of this Act".

Representatives Holland 157th and Hanner of the 159th move to amend HB 1017 as fol lows:

MONDAY, MARCH 13, 1995

1855

On page 2, line 30 between the words "Leesburg" and "approving" insert the following: "at a regularly scheduled meeting of said council".

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

HB 1018.

By Representatives Parham of the 122nd and Lord of the 121st:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.

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

HB 1019. By Representatives Parham of the 122nd and Channell of the lllth:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.

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

HB 1020. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, so as to change the descriptions of the education districts of the board.

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

HB 1021. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act creating a board of commissioners of Pierce County, so as to change the descriptions of the commissioner districts and provide for definitions and inclusions of parts of commissioner districts.

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

HB 1022. By Representative Smith of the 169th:
A bill to amend an Act entitled "An Act to revise and reenact the law creat ing a Board of Commissioners of Bacon County," so as to change the com pensation of the chairperson and members of the board of commissioners.

The following amendment was read and adopted:

1856

JOURNAL OF THE HOUSE,

The Committee on State Planning & Community Affairs moves to amend HB 1022 by inserting on line 10 on page 2, immediately following the word and symbol "approval.", the following:
"As used in this section, the term 'constitutional officers' means the sheriff, the judge of the probate court, the clerk of the superior court, and the tax commissioner."

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

HB 1023. By Representatives Dobbs of the 92nd, Walker of the 87th and Stancil of the 91st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.

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

SB 419. By Senators Edge of the 28th and Langford of the 29th:
A bill to create and establish the Griffin-Spalding County Charter and Unifi cation Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meeting of the charter and unification commission and for the election of a chairperson; to provide that the charter and unification commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses.

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

SB 455. By Senators Starr of the 44th and Thomas of the 10th:
A bill to repeal an Act entitled "An Act to provide for the determination of the millage rate by the governing authorities of Clayton County and the Clayton County School District." and for other 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 Y Baker
Bannister Y Barfoot YBargeron Y Barnard Y Barnes Y Bates
Benefield 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 Canty
Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
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 Y Dobbs

Y Ehrhart Y Epps Y Evans
Falls Y Felton Y Floyd
Godbee Golden Goodwin Y Greene Y Grindley Manner

Y Harbin Y Harris
Hart Y Heard YHeckstall Y Hegstrom
YHembree YHenson
Y Holland Holmes
Y Howard Hudson
Y Hugley Y Irvin
James Y Jamieson
Jenkins Johnson, G Y Johnson, J Y Johnston Jones Y Joyce Y Kaye Y Kinnamon

MONDAY, MARCH 13, 1995

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
Mosley Y Mueller
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
Sanders Y Sauder Y Scoggins Y Shanahan

Y Shaw 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 Y Smith, W
Smyre Y Snelling
Snow Y Stallings
Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Streat Y Taylor

1857
Teague Y Teper Y Thomas
Tillman Titus Towery Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Wall Watson Watts Y Westmoreland Y Whitaker White N Wiles Y Williams, B Williams, J Williams, R Y Woods Yates Murphy, Spkr

On the passage of the Bills, the ayes were 129, nays 1. The Bills, having received the requisite constitutional majority, were passed.

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

HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd, Baker of the 70th, Randolph of the 72nd and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the mem bers of the board of county commissioners, the sheriff, the judge of the pro bate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

Representatives Teper of the 61st and Davis of the 60th would like to be recorded as voting "nay" on HB 1013.

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:

1858

JOURNAL OF THE HOUSE,

SB 461. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.

SB 462. By Senator Pollard of the 24th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Toombs Judicial Circuit by the counties comprising such circuit; to provide for the amount of such supplements.

SB 464. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing a charter for the City of East Dublin, as amended, so as to change the corporate limits.

SB 466. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.

SB 467. By Senator Middleton of the 50th:
A bill to amend an Act creating the Habersham County Water and Sewerage Authority so as to change the membership of the Authority; to change the number for a quorum on the authority.

SB 468. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pierce 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 469. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.

SB 470. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the author ity for this Act.

SB 471. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Brantley County and the chief magistrate of Brantley County; to provide for terms of office.

MONDAY, MARCH 13, 1995

1859

SB 472. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to create the Rockdale County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities thereof.

SB 473. By Senators Day of the 48th and Cagle of the 49th:
A bill to provide a homestead exemption from Forsyth County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to pro vide for a three-year phase in period for such exemption; to provide for defi nitions; to specify the terms and conditions of the exemption and the procedures relating thereto.

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.

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.

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.

HB 910. By Representative Crawford of the 129th: A bill to create the Pike County Livestock Facility Authority.

HB 919. By Representatives Sauder of the 29th, Coker of the 31st, Shipp of the 38th 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.

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.

1860

JOURNAL OF THE HOUSE,

HB 944. By Representative Stancil of the 91st:
A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the provisions relating to the compensation of the chairman.
HB 945. By Representatives Poston of the 3rd and Snow of the 2nd:
A bill to amend an Act creating the office of tax commissioner of Catoosa County, so as to increase the amount payable for clerical help in the office of the tax commissioner.

HB 946. 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 procedures for appeals from police court.

HB 950. By Representatives Watson of the 139th, Walker of the 141st and Floyd of the 138th:
A bill to amend an Act providing a new charter for the City of Warner Robins, so as to change the corporate limits of said city.

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.

HB 970. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act establishing the State Court of Carroll County, so as to provide that the judge of such court shall be elected at nonpartisan gen eral elections without a prior nonpartisan primary.

HB 971. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to amend an Act relating to the board of education and school superin tendent of the Carroll County School District, so as to provide that members of such board shall be elected at nonpartisan general elections without a prior nonpartisan primary.

HB 972. By Representatives Simpson of the 101st and Stallings of the 100th:
A bill to provide for the nomination and election of the chief magistrate of the Magistrate's Court of Carroll County in nonpartisan primaries and elec tions.

HB 938. By Representatives Randall of the 127th, Lucas of the 124th, Reichert of the 126th and others:
A bill to amend an Act creating the Civil Court of Bibb County, so as to change the civil jurisdiction of such court.

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.

MONDAY, MARCH 13, 1995

1861

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.

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.

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.

HB 914. By Representatives Bordeaux of the 151st, Pelote of the 149th, Thomas of the 148th 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.

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.

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.

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.

HB 903. By Representatives Pelote of the 149th, Thomas of the 148th, Bordeaux of the 151st and others:
A bill to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, so as to provide that the chief magistrate of Chatham County shall appoint any part time magistrates.

1862

JOURNAL OF THE HOUSE,

HB 902. By Representative Channell of the lllth:
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.

HB 898. By Representative Jenkins of the 110th: A bill to provide a new charter for the City of Shady Dale.

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.

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.

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.

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.

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.

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.

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.

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.

MONDAY, MARCH 13, 1995

1863

HB 34. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th and others:
A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Anno tated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provisions of federal law into Georgia law.

HB 208. By Representatives Barfoot of the 155th, Lane of the 146th, Parrish of the 144th 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.

HB 212. By Representatives Twiggs of the 8th, Powell of the 23rd, Greene of the 158th and others:
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.

HB 221. By Representatives Purcell of the 147th, Reaves of the 178th, Hudson of the 156th 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.

HB 260. By Representatives Lane of the 146th, Kinnamon of the 4th, Orrock of the 56th and others:
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.

HB 382. By Representatives Ashe of the 46th, Culbreth of the 132nd, Williams of the 114th 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.

HB 559. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peach as the official state fruit.

1864

JOURNAL OF THE HOUSE,

HB 567. By Representatives Floyd of the 138th, Royal of the 164th, Hudson of the 156th and others:
A bill to amend Code Section 48-8-3 of the Official Code of Georgia Anno tated, relating to exemptions from sales and use taxation, so as to 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.

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

HR 81. By Representatives Cox of the 160th, Ashe of the 46th, Porter of the 143rd 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.

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.

HR 160. By Representative Reaves of the 178th:
A resolution designating that portion of State Highway 333 that extends from the city limits of Quitman to the Okapilco Creek Bridge as the M.L. King Drive.

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.

HR 232. By Representative Barnard of the 154th:
A resolution authorizing conveyance of certain state-owned real property located in Tattnall County.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

MONDAY, MARCH 13, 1995

1865

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".

HB 182. By Representatives Mueller of the 152nd, Randall of the 127th, Smith of the 174th 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.

HB 228. By Representatives Polak of the 67th, Buck of the 135th, Smyre of the 136th 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 high education located in the state.

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.

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 Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

HB 50. By Representatives Buck of the 135th, Jamieson of the 22nd, Skipper of the 137th and others:
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.

HB 175. By Representatives Culbreth of the 132nd, Buck of the 135th, Smyre of the 136th 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.

1866

JOURNAL OF THE HOUSE,

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.

HB 281. By Representatives Jamieson of the 22nd, Hudson of the 156th, Porter of the 143rd 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 the direct access of patients to dermatological services.

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.

HB 351. By Representatives Holmes of the 53rd, Canty of the 52nd, Goodwin of the 79th and others:
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.

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

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.

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 agreed to the House amendments to the following bill of the Senate:

MONDAY, MARCH 13, 1995

1867

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.

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:
SB 461. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and others:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 462. By Senator Pollard of the 24th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Toombs Judicial Circuit by the counties comprising such circuit; to provide for the amount of such supplements.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 464. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing a charter for the City of East Dublin, as amended, so as to change the corporate limits.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 466. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 467. By Senator Middleton of the 50th:
A bill to amend an Act creating the Habersham County Water and Sewerage Authority so as to change the membership of the Authority; to change the number for a quorum on the authority.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 468. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pierce 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.

1868

JOURNAL OF THE HOUSE,

SB 469. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.
Referred to the Committee on State Planning & Community Affairs - Local.
SB 470. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce County; to provide for the requirements and procedures of the nonpartisan nomination and election; to provide for other matters relative to the foregoing; to provide for the author ity for this Act.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 471. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Brantley County and the chief magistrate of Brantley County; to provide for terms of office.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 472. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to create the Rockdale County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities thereof.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 473. By Senators Day of the 48th and Cagle of the 49th:
A bill to provide a homestead exemption from Forsyth County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to pro vide for a three-year phase in period for such exemption; to provide for defi nitions; to specify the terms and conditions of the exemption and the procedures relating thereto.
Referred to the Committee on State Planning & Community Affairs - Local.

Representative Towery of the 30th arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 534. By Representative Twiggs of the 8th:
A resolution expressing intent regarding the design and construction of High way 441 in Rabun County.

MONDAY, MARCH 13, 1995

1869

HR 535. By Representative Twiggs of the 8th:
A resolution expressing the intent of the General Assembly regarding the design and construction of Highway 441 in Rabun County.

HR 538. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Murphy of the 18th:
A resolution recognizing and expressing appreciation to Mr. M. Allan Vigil.

HR 539. By Representatives Williams of the 83rd, Dix of the 76th, Johnson of the 84th, Coleman of the 80th, Wall of the 82nd and others:
A resolution commending the South Gwinnett High School girls basketball team.

HR 540. By Representatives Wall of the 82nd and Murphy of the 18th: A resolution congratulating Faye Posea on her 65th birthday.

HR 541. By Representatives Thomas of the 148th and Pelote of the 149th: A resolution recognizing and commending Hazel Scott.

HR 542. By Representative Walker of the 87th: A resolution commending Stephen D. Keppler.

HR 543. By Representatives Williams of the 83rd, Maddox of the 108th, Smith of the 109th, Bunn of the 74th, Dobbs of the 92nd and others:
A resolution commending the East Metro Atlanta Christian girls basketball team.

HR 544. By Representatives Jamieson of the 22nd, Purcell of the 9th and Twiggs of the 8th:
A resolution commending James H. Marlowe.

HR 546. By Representatives Birdsong of the 123rd, Reichert of the 126th, Ray of the 128th, Falls of the 125th, Jenkins of the 110th and others:
A resolution commending and expressing appreciation to Dallas V. "Van" Etheridge III on the occasion of his retirement.

HR 547. By Representative Culbreth of the 132nd: A resolution commending Frank A. McCanham.

HR 548. By Representatives Yates of the 106th and Sanders of the 107th: A resolution commending the Griffin-Spalding County School system.

HR 549. By Representatives Brown of the 117th and Howard of the 118th: A resolution commending William Gilyard IV.

1870

JOURNAL OF THE HOUSE,

HR 550. By Representative Mobley of the 86th:
A resolution congratulating the Winder First Presbyterian Church on its cen tennial.

HR 551. By Representative Mobley of the 86th: A resolution commending Daniel Wesley Bonner, Sr.

HR 552. By Representative Mobley of the 86th: A resolution commending Herbert Theodore Patty.

HR 553. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending Mattie Glover Dailey.

HR 554. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Murphy of the 18th:
A resolution commending Wometco Cable TV of Clayton County.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto:

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 Senate 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 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.

MONDAY, MARCH 13, 1995

1871

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. A retired federal employee whose retirement income was taxed by the State of Georgia for the year 1985, 1986, 1987, or 1988 who qualifies for a refund for only some of those four years pursuant to the provisions of HB 90 may file a refund request under this article for any of those four years for which such retired federal employee did not receive a refund under HB 90 if such retired federal employee otherwise meets the qualifica tions specified under this article. (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 on or after November 1, 1995, and on or prior to December 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).
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 eligi ble recipients simple interest calculated at 7 percent from the date the income tax pay ment was due and payable by the eligible recipient until payment of the first installment payment due October 15, 1996. The state shall further pay to an eligible recipient interest calculated at 7 percent simple interest on the unpaid balance of the reduced principal due that eligible recipient, plus accrued interest, 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

1872

JOURNAL OF THE HOUSE,

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 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 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.
(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.'

MONDAY, MARCH 13, 1995

1873

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.

Representative Skipper of the 137th moved that the House agree to the Senate substi tute to HB 3.
On the motion, 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 YBostick 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 Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B

Y Coleman, T Y Connell Y Cox
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 Y Evans Y Falls Y 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 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 Y Kaye Y Kinnamon
Klein Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox Y Mann

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 Y Ray Y Reaves Y Reichert Y Roberts Y Rogers Y Royal

Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Shemll 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 Y Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor
Teague Y Teper
Thomas Y Tillman

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JOURNAL OF THE HOUSE,

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

White Y Wiles
Y Williams, B
Y Williams, J

On the motion, the ayes were 162, nays 0. The motion prevailed.

Y Williams, R Woods
YYates
Murphy, Spkr

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 Senate amendment was read:

Amend HB 100 on page 1, line 16 - change "16 hours" to "10 hours". Page 2, line 10 - change "16 hours" to "10 hours".

Representative Childers of the 13th moved that the House agree to the Senate amend ment to HB 100.
On the motion, 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 Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck
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
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 Y Hembree Y Henson Y Holland
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
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

On the motion, the ayes were 159, nays 0. The motion prevailed.

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
Randall Y Randolph
Ray 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
Smith, T Y Smith, V

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

MONDAY, MARCH 13, 1995

1875

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 following Senate amendment was read:

Amend HR 155 by adding on line 2 of page 1 between the semicolon and the word "to" the following:
"to consent to the annexation of certain state owned real property located in Cobb County into the corporate limits of the City of Acworth;".
By adding between lines 4 and 5 on page 1 the following:
"Part 1".
By adding between lines 23 and 24 on page 2 the following:
"Part 2
WHEREAS, the State of Georgia is the owner of certain real property located in Cobb County; and
WHEREAS, such property is under the control of the Georgia Department of Transporta tion; and
WHEREAS, such property is located adjacent to the present corporate limits of the City of Acworth; and
WHEREAS, Code Section 36-36-32 of the O.C.G.A. authorizes the annexation of such property upon the application of the owners of 60 percent of the land and 60 percent of the resident electors; and
WHEREAS, such real property is more particularly described as follows:
All of that portion of U.S. Highway 41 and the right of way of said highway located in Cobb County from the intersection of said U.S. Highway 41 and State Highway 92 south to the intersection of said U.S. Highway 41 and Blue Springs Road.
SECTION 6.
That the General Assembly and the State of Georgia hereby grant their consent to the annexation of the above-described real property into the corporate limits of the City of Acworth and authorize the State Department of Transportation to execute all documents required and to take any action necessary to make application to the City of Acworth for the annexation of such real property pursuant to Code Section 36-36-32 of the O.C.G.A.
Part 3".
By renumbering Sections 6 and 7 on lines 25 through 30 on page 2 as Sections 7 and 8, respectively.

Representative Childers of the 13th moved that the House agree to the Senate amend ment to HR 155.
On the motion, 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

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JOURNAL OF THE HOUSE,

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 Y Channell Y Childers
Coker Y Coleman, B Y Coleman, T Y Connell YCox
Crawford Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M
Day Y DeLoach, B Y DeLoach, G
YDix Y DUon, H Y Dixon, S
Y Dobbs

Y Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee 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
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

On the motion, the ayes were 163, nays 0. The motion prevailed.

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
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
Stephenson Y Streat Y Taylor
Teague YTeper Y Thomas Y Tillman Y Titus
Y Towery YTrense
Y Turnquest 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

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 Senate substitute was read:

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, licensed home car providers, home health agencies, savings and loan associ ations, and 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^ the term:
(1) 'Employee' means any person who is employed by a bank, a licensed home care provider, a home health agency, a savings and loan association, credit union, a hospi tal, health care institution, school, day care center, or other child care institution.

MONDAY, MARCH 13, 1995

1877

(2) 'Employer' means a bank, a licensed home care provider, a home health agency, 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.
Representative Campbell of the 42nd moved that the House agree to the Senate sub stitute to HB 297.
On the motion, 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, 1 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
Cox Crawford

Y Crews Y Culbreth Y Cummings Y 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
Floyd Y Godbee Y Golden Y Goodwin Y Greene
Grindley Y Banner Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson

Y Hugley Ylrvin Y James
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
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
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
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 YSnow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor
Teague YTeper 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
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 160, nays 0. The motion prevailed.

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.

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JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 161 by inserting between "tax;" and "to" on line 18 of page 1 the following:
"to amend Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, so as to provide that such exemptions shall not apply to certain local taxes;".
By redesignating Sections 6 and 7 as Sections 7 and 8.
By inserting between lines 26 and 27 on page 4 the following:
"SECTION 6.
Code Section 50-17-29 of the Official Code of Georgia Annotated, relating to pledges, authorizations, and exemptions regarding certain state debt, is amended by striking sub section (e) and inserting in its place a new subsection (e) to read as follows:
'(e) Exemption from taxation.
(1) Except as otherwise provided in paragraph (2) of this subsection, no Ne city, county, municipality, or other political subdivision of this state shall impose any tax, assessment, levy, license fee, or other fee upon any contractors or subcontractors as a condition to or result of the performance of a contract, work, or services by such contractors or subcontractors in connection with any project being constructed, repaired, remodeled, enlarged, serviced, or destroyed for, or on behalf of, the state or any of its agencies, boards, bureaus, commissions, and authorities; nor shall any city, county, municipality, or other political subdivision of this state include the contract price of or value of such contract, work, or services performed on such projects in computing the amount of any tax, assessment, levy, license fee, or other fee authorized to be imposed on any contractors or subcontractors.
(2) The exemption provided for in paragraph (1) of this subsection shall not apply to any local sales tax, local use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, includ ing, but not limited to, such taxes authorized by or pursuant to constitutional amend ment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L.^ 1965, jx 2243), as amended, the "Metropolitan Atlanta Rapid Transit Authority Act of 1965"; by or pursuant to Article 2 of Chapter 8 of Title 48; or by or pursuant to Article 3 of Chapter 8 of Title 48.'"

Representative McBee of the 88th moved that the House agree to the Senate amend ment to HB 161.
On the motion, the ayes were 111, nays 2.
The motion prevailed.

Representative Wiles of the 34th would like to be recorded as voting "nay" on HB 161.

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.

MONDAY, MARCH 13, 1995

1879

The following Senate amendment was read:

Amend HB 53 by striking on Page 1, lines 24, 27, 30 & 32, and on Page 2, lines 16, 26, 29, 31 & 35 the word "shall" and inserting in lieu thereof the word "may".

Representative Grindley of the 35th moved that the House agree to the Senate amendment to HB 53.
On the motion, the ayes were 107, nays 5.
The motion prevailed.

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 Senate substitute was read:

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 provide for reports; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks, is amended by striking Code Section 12-3-219, relating to tax exemptions regarding the Stone Mountain Memorial Association, and inserting in its place a new Code Section 12-3-219 to read as follows:
"12-3-219.
(a) It is found, determined, and declared that the creation of the association and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. This Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the project erected by it, or upon any fees, rental, or other charges for the use of the facilities or services of the project, or upon other income received by the association. Further, this state covenants that the bonds of the 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

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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 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 promotion and advertising of the project operated under the jurisdiction of the association from which the money was collected or for similar purposes of promoting, advertis ing, stimulating, and developing conventions and tourism in the county or munici pality 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.
Representative Henson of the 65th moved that the House agree to the Senate substi tute to HB 475.
On the motion, the ayes were 105, nays 0.
The motion prevailed.

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 following Senate amendment was read:

Amend HB 462 by striking "1995" and inserting in its place "1996" on line 16 of page 1.

Representative Watson of the 139th moved that the House agree to the Senate amendment to HB 462.
On the motion, the ayes were 104, nays 0.
The motion prevailed.

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.

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The following Senate substitute was read:

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 provisions relating to the duty of the state auditor to maintain statistics on architectural and engineering firms doing business with the Department of Transportation; to change the manner in which the amount of business awarded by the Department of Transportation is calculated; to provide that certain busi ness awarded under Department of Transportation contracts shall be credited to subcon tractors or joint-venture partners; to require the Department of Transportation to furnish certain information to the state auditor; to delineate by gross value at time of award those contracts and subcontracts which the Department of Transportation shall be required to report to the state auditor; to provide for contracts outstanding under which all services have not been performed; 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 6 of Title 50 of the Official Code of Georgia Annotated, relating to the state auditor, is amended by striking in its entirety Code Section 50-6-25, relating to the duty of the state auditor to maintain statistics on architectural and engineering firms doing business with the state, and inserting in lieu thereof a new Code Section 50-6-25 to read as follows:
"50-6-25.
(a)(l) The state auditor shall maintain statistics on all architectural and engineering firms doing business with the various departments, agencies, and public corporations of the statej except the Department of Transportation which shall be governed by par agraph (2) of this subsection. The statistics shall show the percentage of the total state business done by each such firm and shall be made available to the General Assembly and all departments, agencies, and public corporations of the state using architectural and engineering services. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. (2) The state auditor shall include in the statistics provided for in paragraph (1) of this subsection all architectural and engineering firms doing business with the Depart ment of Transportation. The Department of Transportation shall report its architec tural and engineering contracts to the state auditor in two divisions. In the first division, such department shall report those contracts which are under a gross value of fl million at the time of execution by the total contract amount without accounting for any subcontracts. In the second division, such department shall report those con tracts with a gross value in excess of $1 million at the time of execution and shall report all subcontracts thereunder which are in excess of $25,000.00 as further pro vided for in this Code section. The statistics shall show the total percentage of state business done by each such firm and shall be made available to the General Assembly and the Department of Transportation. The state auditor shall compile the statistics and shall maintain the statistics current on a monthly basis. With respect to any con tract of the Department of Transportation in excess of $1 million with an architectural or engineering firm which awards a portion of the business in an amount in excess of $25,000.00 under such contract to one or more subcontractors or joint-venture part ners, such department shall report to the state auditor the amount of each subcontrac tor or joint-venture partner with that portion of the business awarded to such subcontractor or joint-venture partner and such amounts shall not be listed or included as business of the Department of Transportation awarded to the architec tural or engineering firm receiving the state contract. The architectural or engineering firm shall report to the Department of Transportation, as part of its preaward audit conducted by such department, the amount of business in excess of $25,000.00 under

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an anticipated contract which the contractor intends to award to any subcontractor or joint-venture partner and, after verification that the information reported is correct, the Department of Transportation shall furnish such information to the state auditor. The state auditor shall revise the statistics with respect to architectural and engineer ing firms currently doing business with the Department of Transportation with respect to contracts outstanding on the effective date of this Code section under which all services have not been performed bjr such architectural and engineering firms in satisfaction of the contract. Such revised statistics shall be computed in accordance with the provisions of this subsection crediting subcontractors and joint-venture part ners with business awarded to them and providing that such amounts credited shall not be listed or included as business of the state awarded to the architectural or engi neering firm receiving the state contract. Such revised statistics shall be provided by the contractor within 60 days of the effective date of this Code section and, after such time, the state auditor shall not be required to revise such statistics. (b) Any architectural or engineering firm which has received more than 10 percent of the total awarded for such services by the departments, agencies, and public corpora tions of the state during any period of 36 months, as calculated pursuant to the provi sions of subsection (a) of this Code section and shown by the statistics of the state auditor, shall be ineligible to contract with any department, agency, or public corpora tion of the state until the firm, during any period of 36 months, has been awarded less than 10 percent of the total awarded for such services; provided, however, that any architectural or engineering firm may contract with the Department of Transportation for not more than 30 percent of the total awarded for such services, 10 percent for trans portation purposes, and 20 percent for tollway purposes."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Watson of the 139th moved that the House agree to the Senate substi tute to HB 328.
On the motion, the ayes were 101, nays 2.
The motion prevailed.

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 Senate amendment was read:

Amend HB 318 by inserting following the words "armed robbery" on line 2 of page 2 the following:
"; a felony violation of Chapter 13 of Title 16, relating to controlled substances".
By adding following the word "persons" on line 22 of page 3 the following:
"with a criminal record".

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1883

Representative Randall of the 127th moved that the House agree to the Senate amendment to HB 318.
On the motion, the ayes were 91, nays 2.
The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, so as to provide that the funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag encased in durable and long-lasting material containing the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, is amended by adding at the end of said part a new Code Section 43-18-8 to read as follows:
"43-18-8. The funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag encased in durable and long-lasting material containing the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death. If the reli gious faith of the deceased prohibits desecration of the body, alternative means of iden tification of the body may be used."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bailey of the 93rd moved that the House disagree to the Senate substi tute to HB 246.
The motion prevailed.

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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 Senate 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 Recreational Authorities Overview Committee; to provide for a report with regard to the authorities subject to legis lative overview by the Recreation Authorities Overview Committee; to provide for the appointment of members to the Stone Mountain Memorial Association including one addi tional member; to provide for the appointment by the Governor of a chairperson of the association from the membership and his or her terms as chairperson; to define a certain term relative to such association; to provide for a master plan of Stone Mountain; to pro vide 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 provide that a certain area of Jekyll Island shall be protected from development and alienation; 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 relative 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 Governor of a chairperson from the membership of the authority and his or her terms as chairperson; to provide for an annual audit by the state auditor of the books and records of the author ity; 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.

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(2) (A) Except as provided aubparagraph {B} of 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 commiasieBef may net delegate his power te be present ad- participate at iii6ctHi[9) nLnn9, f otilci* proceedings of tfi otonc JViou.ntsin JVLGBIonst* rissocifl* Men and ay delegate his pewer te be present and- participate at meetings, hearings, er ether proceedings ef the Jckyll Island--State Path Authority e* the Lake tanier Islands Development Authority enly te that perse* within the Deportment ef Natttfal Resources whe is responsible fer state porks."
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 as set forth in this part.
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

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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.
12-2-2612-3-25.
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.
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

MONDAY, MARCH 13, 1995

1887

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 1^ 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 seven 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 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 shall immediately enter apen their duties without farther act er formality, and the persons appointed by the Governor

flSSOC 1 QtlOtt 3ilUi elCCt Ofi Or ItS DUClTlDCFS ft9 Cfl&l FIQ SLR &Du flUOtttCP ft9 V1CTM
'i tie Ciifiirniftft sftftW T&C elected iponi fliwoii^ trie mcmoei'd flppoiHMJCI oy uie 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

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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. fe}(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. {fHe) 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. 4f}{fl 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:
(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 l 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.

MONDAY, MARCH 13, 1995

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(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 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;

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(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. <4}(5j '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. {&}(} '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, one two of whom shall be from the eeastai *ea ef Georgia Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden counties.

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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 !Fhe 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 tetms 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 authority. 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) Few 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."
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

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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 from funds available to the authority 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 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 f 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 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 ef America or any agency or instrumentality thereof,

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including the Department of Housing and Urban Development, upon such terms and conditions as the United States ef- 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 ef- 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 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

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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 ef- America, fir 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 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 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

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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. (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."
Section 13. 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 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

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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 14. 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."
SECTION 15. 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.

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(a) The authority shall consist of nine members who shall serve terms of four years from the date of their appointment and shall be 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 authority. The authority shall elect one of its members as chair-man and- another as vice chairman vice-chairperson. It 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 necessaryy 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 16. 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 17. 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, >r 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; (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;

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(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 ef 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 ef America or any agency or instrumentality thereof, upon such terms and conditions as the United States ef- 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 ef 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;
(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 pfeviaiena ef Title 3 and referendum as required by Title 3, to sell or dispense or to per mit others to sell or dispense alcoholic beverages within or upon property or facilities

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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 sales autho rized b_ this paragraph shall be limited to hotels, motels, lodges, and convention halls and those auditoriums, club houses, meeting rooms, and restaurants related thereto. The authority shall determine and regulate by resolution, as it may amend from time to time, the conditions under which such sales or dispensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted. The authority shall give at least 30 days' public notice by publication in the county organ of the county in which the property or facility is located of its intent to adopt such a resolution or to amend a previously adopted resolution. The authority shall hold a public hearing at a convenient time and location in such county at least 15 days prior to adopting such a resolution to hear public comments. Any such resolution or amendment to a previously adopted resolution shall be adopted only at an open and public meeting of the authority after the required public notice has been given and the required public hearing has been held."
SECTION 18. 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

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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 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 19.
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 20. 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:

MONDAY, MARCH 13, 1995

1901

"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:
(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 authority. The members of the authority shall elect one of their members as chairman and another as vice choifa 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 21. 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 22. 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

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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, 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, er 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;

MONDAY, MARCH 13, 1995

1903

(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; (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 23. 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

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JOURNAL OF THE HOUSE,

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; (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 24.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

MONDAY, MARCH 13, 1995

1905

SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Mills of the 21st and Lakly of the 105th move to amend the Senate substi tute to HB 120 as follows:
On page 29, line 35, 36 strike the following "Upon obtaining a license from the Department of Revenue"
and insert "Subject to the provisions of Title 3 and a referendum as required by Title 3".

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 N Bates N Benefield N Birdsong N Bordeaux N Bostick N Breedlove Y 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 N Carter N Chambless N Channell N Childers N Coker N Coleman, B
Coleman, T N Connell NCox
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 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 Y Hembree N Henson N Holland N Holmes N Howard N Hudson

N Hugley NIrvin N James N Jamieson N Jenkins Y Johnson, G N Johnson, J Y Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane N 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 Y 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
Randall N Randolph
NRay N Reaves N Reichert
Roberts N Rogers
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

On the adoption of the amendment, the ayes were 41, nays 130. The amendment was lost.

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

Representative Dobbs of the 92nd moved that the House agree to the Senate substi tute to HB 120.
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

Y Benefield Y Birdsong Y Bordeaux

Y Bostick Y Breedlove N Brooks, D

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JOURNAL OF THE HOUSE,

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 Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
YCox Crawford
N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G NDix Y Dixon, H Y Dixon,S Y Dobbs

Y Ehrhart YEpps N Evans N Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene Y Grindley
Y Banner Y Harbin Y Harris
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 N Johnson, G N Johnson, J N Johnston
Jones

N Joyce NKaye Y Kinnamon Y Klein NLadd NLakly YLane Y Lawrence
YLee N Lewis
N Lifsey YLord Y Lucas N Maddox NMann Y Martin
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

On the motion, the ayes were 131, nays 38. The motion prevailed.

Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal N Sanders Y Sauder Y Scoggins Y Shanahan
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

YSnow Y Stallings Y Stancil, F N 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 Y Turnquest N Twiggs Y Walker, L N Walker, R.L N 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

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 Senate substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise conditions relative to the placement of surplus line insurance; to revise penalties for violations by surplus line brokers; to allow surplus line insurance to be placed with cer tain groups containing corporate underwriters under certain conditions; to provide that surplus line brokers' certificates shall contain a general statement of the kind and type of insurance purchased; to provide that surplus 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 surplus line brokers; 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 speci fied in the policy and, except for those coverages written in accordance with Chapter 5 of Title 33, relating to the regulation of unauthorized insurers and surplus line insurance, as fixed by the insurer; to provide for editorial revision; to allow credit for reinsurance ceded to groups of incorporated and individual unincorporated underwriters maintaining

MONDAY, MARCH 13, 1995

1907

trust funds under certain conditions; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-5-21, relating to the authorization of procurement of surplus line insurance, and inserting in lieu thereof a new Code Section 33-5-21 to read as follows:
"33-5-21. ourpivis line insurfljice tt tiie lull ciinount of insup&nce required to protect tiie interest
this state, the surplus amount, designated as 'surplus line,' may be procured from unau thorized insurers subject to the following conditions:
(1) The insurance must be procured through a licensed surplus line broker; \) ne lull Amount of Kind of insur&nce required to protect trie insured us not proTM

insurance this state, and the amount ef- insurance pfewed in as unauthorized insureris enfy the excess ever the amount procurable from authorized insurers. Submission ef the risk- te net less than thfee such authorized insurers shall be deemed te- be dfligent effort may only be procured from insurers which meet the financial condition requirements of Code Section 33-5-25; and (3) The insurance must net be procured for the purpose of securing advantages either as tet insured or the insured's agent has made an effort to procure the desired insur ance coverage or benefits from authorized insurers, but such effort has been unsuc cessful in obtaining insurance coverage or benefits which are satisfactory to the insured; and
(A) A fewer premium i-ate than would be accepted by an authorized insurer; e* (B) Tcrma of the insurance contract. (4) The insurance shall not be procured under this chapter for personal passenger motor vehicle coverage or residential dwelling property coverage unless such insurance cannot be obtained from an authorized insurer."
SECTION 2. Said title is further amended by striking Code Section 33-5-25, relating to the ascertain ment of the financial condition of an unauthorized insurer by a surplus line broker, and inserting in lieu thereof a new Code Section 33-5-25 to read as follows:
"33-5-25.
(a) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance with the unauthorized insurer and shall not place surplus line insur ance with any insurer who does not meet, according to current available reliable finan cial information, the requirements provided in subsection (b) of this Code section. (b) The broker shall so insure only:
(1) With a foreign insurer having capital and surplus amounting to at least $3 million; (2) With an alien insurer which has been established for at least ten years and which has at least $10 million in capital and surplus, unless the character, trustworthiness, and financial integrity of an alien insurer is of such a nature that it would be in the best interests of the policyholders and the general public to use such insurer in accordance with standards prescribed by rules and regulations of the Commissioner; e* (3) With any group of foreign or alien individual underwriters, including, but not lim ited to, any Lloyd's group, or with any ether similar unincorporated g*ep ef foreign er alien individual insurers a group including incorporated and individual unincorpo rated underwriters, the incorporated members of which shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the level of solvency regulation and control by the group's domiciliary regulator as are

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JOURNAL OF THE HOUSE,

the unincorporated members, if such group maintains a trust or security fund of at least ten million United States dollars as security to the full amount thereof for all policyholders and creditors in the United States of each member of the group; or (4) With an insurer described in paragraph (1) or {2} of this subsection which annu ally furnishes to the broker a copy of the insurer's current annual statement. (c) For any violation of this Code section, i addition te ay ether penalty provided by
within a period ef twe yea*s thereafter a broker's license may be suspended or revoked as provided in Code Section 33-5-23."
SECTION 3. Said title is further amended by striking subsection (a) of Code Section 33-5-27, relating to issuance to insured by broker of evidence of insurance, and inserting in lieu thereof a new subsection (a) to read as follows:
"(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 kind and type of insurance purchased, and the term of the insurance, the premium and date charged, taxes collected from the insured, and the name and address of the insured and the insurer. If the direct risk is assumed by more than one insurer, the certificate or the policy, when delivered, shall state the name and address and proportion of the entire direct risk assumed by each insurer."
SECTION 4. Said title is further amended by striking Code Section 33-5-29, relating to filing of quar terly affidavits by surplus line brokers, and inserting in lieu thereof a new Code Section 33-5-29 to read as follows:
"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 de a*d 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 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 I&SL pFecedifl^ cQiendftp ycftr ending ft uecemDC? or or tof other sucii periods or as the Commissioner may require. Thcac reports shall be made seh- form andcontain any The Commissioner may require from surplus line brokers who are the custo dians of relevant records of surplus line insurers reports containing such information as the Commissioner may by regulation or by order frem time te 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;

MONDAY, MARCH 13, 1995

1909

(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 5. Said title is further amended by striking subsection (a) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business, and inserting in lieu thereof a new subsection (a) to read as follows:
"(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 e ehie 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 6. Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Sec tion 33-6-5, relating to unfair and deceptive practices in the business of insurance, 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. In e*; h cases where classifi cations, premiums, or rates are not required by this title to be filed and approved:
(i) The premiums and charges for insurance, except insurance written in accord ance with Chapter 5 of this title, such premiums ad charges shall not be in excess of or less than those specified in the policy and as fixed by the insurer] and (ii) The premiums and charges for insurance written in accordance with Chapter 5 of this title shall not be in excess of or less than those specified in the policy. This subparagraph shall not be deemed to prohibit surplus lines brokers licensed under Chapter 5 of this title from the charging and collecting by surplus line bro kers licensed under Chapter 6 ef this title ef the amount of applicable state and federal taxes in addition to the premium required by the insurer; nor shall it be deemed to prohibit a life or accident and sickness insurer from the charging and col lecting by a life er accident and sickness insurer ef- 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."

1910

JOURNAL OF THE HOUSE,

SECTION 7. Said title is further amended by striking subparagraph (a) (4) (A) of Code Section 33-7-14, relating to the reinsurance of risks, and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institu tion, as defined in paragraph (2) of subsection (c) of this Code section, for the pay ment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to busi ness written in the United States and, in addition, the assuming insurer shall main tain a trusteed surplus of not less than $20 million. In the case of a group of including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's liabilities attributable to busi ness written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and con trol by the group's domiciliary regulator as are the unincorporated members; and the group shall make available to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its indepen dent public accountants."
SECTION 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 114th moved that the House agree to the Senate sub stitute to HB 41.
On the motion, the ayes were 123, nays 0.
The motion prevailed.

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 Senate amendment was read:

Amend HB 330 by inserting on line 13 on page 1, immediately following the word and symbol "foregoing;", the following:
"to provide an effective date;".
By striking the word "includes" on line 24 on page 2 and inserting in lieu thereof the words "may include".

MONDAY, MARCH 13, 1995

1911

By striking lines 8 and 9 on page 4 and inserting in lieu thereof the following:
"This Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed."

Representative Williams of the 114th moved that the House agree to the Senate amendment to HB 330.
On the motion, 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 YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childere 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 YBpps
Evans Y Falls Y Felton Y Floyd YGodbee
Golden Y Goodwin Y Greene
Grindley
Manner Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree 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
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 Y McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

On the motion, the ayes were 161, nays 0. The motion prevailed.

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 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 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
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

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 Senate amendment was read:

Amend HB 375 by adding on line 16 of page 1 after the semicolon and before the word "to" the following:

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JOURNAL OF THE HOUSE,

"to provide for applicability;".
By adding on line 11 of page 4 after the word "business" and before the period the follow ing:
"j provided, however, this subsection shall not apply to insurer direct bill programs not required to be filed in accordance with this chapter".

Representative Williams of the 114th moved that the House disagree to the Senate amendment to HB 375.
The motion prevailed.

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 following Senate substitute was read:

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 owned by an historical fraternal benefit association; to provide for a definition; to pro vide for applicability; to provide for effective dates; to provide for a special election; to provide for automatic repeal 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 that is owned by an historical fraternal benefit association and which is used exclusively for charitable, fraternal, and benevolent purposes. As used in this paragraph 'fraternal benefit association' means any organization qualified as an exempt organization under the United States Internal Revenue Code of 1954, Section 501 (c)(10), as amended, where such organization has a representative form of govern ment and a lodge system with a ritualistic form of work for the meeting of its chapters or other subordinate bodies and whose founding organization received its charter from the General Assembly of Georgia prior to January 1, 1880."
SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 1996, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have writ ten thereon the following:

MONDAY, MARCH 13, 1995

1913

"( ) YES Shall the Act be approved which grants an exemption from ad valorem taxation on property owned by an historical fraternal benefit association
( ) NO used exclusively for charitable, fraternal, and benevolent purposes?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1997, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 1997.
SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Smith of the 109th moved that the House agree to the Senate substi tute to HB 399.
On the motion, 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 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
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
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 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
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 Postal Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves 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
Stanley, L Stanley, P Stephenson Y Streat Y Taylor Y Teague Y Teper
Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs Y 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 motion, the ayes were 163, nays 0. The motion prevailed.

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

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JOURNAL OF THE HOUSE,

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.

HR 464. By Representatives Twiggs of the 8th and Shanahan of the 10th:
A resolution commending Mrs. Renva Acree and inviting her to appear before the House of Representatives.

HR 466. By Representatives Purcell of the 9th, Murphy of the 18th, Pinholster of the 15th and Whitaker of the 7th:
A resolution commending the North Georgia College Blue Ridge Rifles and inviting them to appear before the House of Representatives.

HR 505. By Representatives Simpson of the 101st and Stallings of the 100th:
A resolution commending the Carrollton High School debate team and invit ing the members of the team and their coach to appear before the House of Representatives.

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

SB 22. By Senators Isakson of the 21st, Edge of the 28th, Balfour of the 9th and Tysinger of the 41st:
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.

The following Committee substitute was read and adopted:

A BILL
To amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state personnel administration, so as to provide that an applicant for state employment who is offered employment shall submit to an established test for illegal drugs provided the position to be encumbered has been designated by the head of the agency, department, commission, bureau, board, college, university, institution, or authority as requiring a drug test; to provide that an applicant who is offered employment and who refuses to submit to a test or who tests positive for illegal drugs shall be disqualified from state employment; to define terms; to provide for confidential status of test results; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to state person nel administration, is amended by repealing in its entirety Article 6, relating to drug test ing of applicants for state and school system employment.

MONDAY, MARCH 13, 1995

1915

SECTION 2. The General Assembly finds that requiring an applicant offered state employment to pass a drug test is a necessary requirement for initial employment. Private sector employers in increasing numbers require a drug test, leaving the state as an employer of least resistance for those who use illegal drugs. Studies have shown a direct correlation between preemployment drug tests and job performance. Applicants with positive test results have been linked to poor work quality, increased absenteeism, higher incidence of on-the-job injuries, and higher rates of disciplinary action, including dismissal from employment. Less than satisfactory performance by potential state employees will have a dramatic impact on the state's budget, and the delivery of services to Georgia citizens. Broad categories of state employees regularly perform such functions as: law enforcement duties which include carrying weapons and utilizing arrest powers; providing health care and treatment services to Georgians without direct access to such services, and those with mental health or men tal retardation impairments; administering medications; teaching hearing and vision impaired students and adult and juvenile offenders in state custody; driving cars, trucks, vans, buses, and other types of vehicles on state roads and highways to transport patients, passengers, and equipment; using heavy machinery and equipment; providing social work and counseling services often directly related to substance abuse difficulties; providing fos ter care, adoption, and protective services, often involving at-risk children and the elderly; and countless other occupations with direct public contact. Such duties may also involve drug education, interdiction, and counseling services and be performed in the field with limited immediate supervision. The inefficient use of state funds deprives Georgians of ser vices which are often not provided by other private employers or public sector entities and organizations. The General Assembly finds that the state should, therefore, make every reasonable effort to promote a drug-free workplace in all offices and worksites of state gov ernment and, correspondingly, to work diligently to attract a quality work force which pro vides essential services without unnecessary expenses associated with less than satisfactory performance linked to illegal drug use. The view is consistent with Georgia's "Drug-free Workplace Act," adopted by the General Assembly in 1990, which declares that Georgia's work force must be absolutely free of any person who would knowingly manufacture, dis tribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner.
SECTION 3. Said chapter is further amended by enacting a new Article 6 to read as follows:
"ARTICLE 6
45-20-110. As used in this article, the term:
(1) 'Applicant' means a candidate who is offered public employment with any agency, department, commission, bureau, board, college, university, institution, or authority of any branch of state government or who has commenced employment but has not sub mitted to an established test for illegal drugs. (2) 'Established test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979, et seq., as amended). (3) 'Illegal drug' means marijuana/cannabinoids (THC), cocaine, amphetamines/methamphetamines, opiates, or phencyclidine (PCP). The term 'illegal drug' shall not include any drug when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (4) 'Job' means a defined set of key responsibilities and performance standards encompassing one or more positions sufficiently similar in responsibilities and per formance standards to be grouped together. (5) 'Medical review officer' means a properly licensed physician who reviews and interprets results of drug testings and evaluates those results together with medical history or any other relevant biomedical information to confirm positive and negative results.

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JOURNAL OF THE HOUSE,

(6) 'Position' means a set of duties and responsibilities assigned or delegated by com petent authority for performance by one person.
45-20-111. (a) The head of each agency, department, commission, bureau, board, college, university, institution, or authority shall ensure an analysis is completed on all jobs in his or her organization to determine those positions whose duties and responsibilities warrant con ducting an established test for illegal drugs in accordance with the provisions of this Code section. The analysis must be completed by the effective date of this article. All jobs established after this date must undergo a similar analysis no later than six weeks after establishment. An applicant for a designated position shall undergo a drug test consistent with these provisions. Organizations with positions covered under the classi fied service of the state merit system shall consult with the commissioner of personnel administration before making final determinations and shall provide the commissioner with a list of designated positions and accompanying documentation and analysis. (b) An applicant for state employment who is offered employment in a position desig nated by the head of the agency, department, commission, bureau, board, college, uni versity, institution, or authority as requiring a drug test shall, prior to commencing employment or within ten days after commencing employment, submit to an established test for illegal drugs. All costs of such testing shall be paid from public funds by the employing agency or unit of state government. Any such test which indicates the pres ence of illegal drugs shall be followed by a confirmatory test using gas chromatography/mass spectrometry analysis. If the results of the confirmatory test indi cate the presence of illegal drugs, such results shall be reviewed and interpreted by a medical review officer to determine if there is an alternative medical explanation. If the applicant provides appropriate documentation and the medical review officer determines that it was a legitimate usage of the substance, the result shall be reported as negative. Any applicant who fails to provide an alternative medical explanation shall be reported by the medical review officer as having a positive test result. Any applicant offered employment who refuses to submit to an established test for illegal drugs or whose test results are positive shall be disqualified from employment by the state. Such disqualifi cation shall not be removed for a period of two years from the date that such test was administered or offered, whichever is later. The State Personnel Board shall develop rules for the administration of the test and any verification procedures for positions cov ered under the state merit system. Other covered units of state government shall also develop rules governing these procedures. The results of such tests shall remain confi dential and shall not be a public record unless necessary for the administration of these provisions or otherwise mandated by other state or federal law."
SECTION 4. This Act shall become effective July 1, 1995, and shall apply with respect to certain per sons entering state employment on or after that 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, 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 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 Y Channel! Y Childers Y Coker Y Coleman, B

Coleman, T Y Connell
Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G

MONDAY, MARCH 13, 1995

1917

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
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
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 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
YSmyre Y Snelling Y Snow Y Stallings Y 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 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 167, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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

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JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker Pro Tern called the House to order.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
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".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 100, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.
SR 226. By Senator Burton of the 5th: A resolution authorizing the leasing of certain improved property owned by the State of Georgia in Gwinnett 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 106, nays 1. The Resolution, having received the requisite constitutional majority, was adopted.
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.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as fol lows:

Ashe Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong
Y Bordeaux Y Bostick YBreedlove Y Brooks, D

Y Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner
Bunn Y Burkhalter
Byrd Y Campbell
Canty
Y Carter Y Chambless Y Channell
Childers

Y Coker Y Coleman, B
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 Pelton
Floyd Godbee Golden
Goodwin Y Greene Y Grindley Y Manner

Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Holland Holmes Y Howard
Y Hudson Y Hugley
Irvin Y James

MONDAY, MARCH 13, 1995

1919

Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon
Y Klein Ladd
Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord
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 Parham Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Poston

Y Powell Purcell, A
Y Purcell, B Randall
Y Randolph
Ray Reaves Reichert Roberts Y Rogers Y Royal
Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp
Simpson 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
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Street 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 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 131, 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.

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.

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

Ashe Y Bailey
Baker Y Bannister Y Barfbot
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
Buck Y Buckner
Bunn Y Burkhalter
Byrd Y Campbell Y Canty Y Carter
Chambless Y Channel! Y Childers Y Coker

Y Coleman, B 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
Floyd Godbee Golden Goodwin Y Greene Y Grindley Y Manner
Y Harbin
Y Harris

YHart Heard
Y Heckstall Y Hegstrom Y Hembree
Henson Holland Holmes Y Howard
Y Hudson Hugley Irvin
Y 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
Lawrence YLee Y Lewis
Lifsey YLord

Lucas 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
Parham 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
Ray Reaves

Y Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill Y Shipp
Simpson 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 Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Streat

1920

JOURNAL OF THE HOUSE,

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
Wall Y Watson Y Watts

Westmorland Y Whitaker
White Y Wiles Y Williams, B

Y Williams, J Williams, R
Y Woods Y Yates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 128, 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 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.

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
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
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
Golden Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall
Y Hegstrom Y Hembtee
Henson Y Holland
Holmes Y Howard Y Hudson

Hugley Ylrvin Y James
Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly YLane
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 Mosley Y Mueller Y O'Neal Y Orrock

Par ham YParrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Porter 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
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

Y Smith, W 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 Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs 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 adoption of the Resolution, the ayes were 147, 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.

MONDAY, MARCH 13, 1995

1921

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.

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

YAshe Y Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y 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
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
Floyd Y Godbee
Golden Good win 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
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 Y Lee Y Lewis Y Lifsey YLord
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

Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Porter
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 Y Shaw Y Sherrill Y Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Y Smith, L Smith, P Smith, T
Y Smith, V

Y Smith, W Y Smyre Y Snelling YSnow Y Stalling*
Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs 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 150, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

SB 367. By Senator Walker of the 22nd:
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 terms and qualifications of members of the Georgia Board of Chiropractic Examiners; to change the provisions relating to meetings of said board; to change the provisions relating to qualifications for examinations; to provide for temporary licenses; to provide for legislative construction and exceptions.

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:

1922

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 Y Bostick Y Breedlove
Y Brooks, D Y Brooks, T Y Brown, G
Brown, J Y Brush
Buck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell
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 Y Davis, G
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
Golden 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
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 Y Mann
Martin McBee Y McCall
Y McClinton McKinney
Y Mills Y Mobley, B
Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

Parham Y Parrish
Parsons Y Pelote Y Perry Y Pinholster YPolak Y Porter
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
Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Smith, T Y Smith, V

Smith, W Y Smyre
Spelling 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
Turnquest Twiggs Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland 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 141, nays 0. The Bill, having received the requisite constitutional majority, was passed.

Representative Parsons of the 40th stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.
SB 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.

The following Committee substitute was read:

A BILL
To amend Code Section 31-5-9 of the Official Code of Georgia Annotated, 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; to provide for related matters; to repeal conflicting laws; and for other purposes.

MONDAY, MARCH 13, 1995

1923

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 31-5-9 of the Official Code of Georgia Annotated, relating to injunctions for enjoining violations of the provisions of this title, is amended by redesignating current sub section (b) as subsection (d) and by inserting new subsections (b) and (c) to read as fol lows:
"(b) Notwithstanding the provisions of Code Section 5-6-13, appeal or a notice of intent to appeal conviction or adjudication of contempt of court of a personal care home or facility not duly licensed or registered as required by this title, subject to an interlocu tory or final judgment in a court action for an injunction instituted under authority of this Code section, shall not operate as a supersedeas unless it is so ordered by the court; provided, however, that the court may grant a supersedeas in such a case only after making a finding that the health, safety, or welfare of the recipients of the services will not be harmed by the issuance of the stay. (c) Unless otherwise ordered by the court pursuant to subsection (b) of this Code sec tion, an interlocutory or final judgment in an action granting an injunction under this Code section may be enforced by attachment for contempt."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Randall of the 127th moves to amend the Committee substitute to SB 69 as follows:
By adding as Section 3 on page 3 the following:
"This Act shall become effective on July 1, 1995".

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 N Bannister Y Barfoot
Bargeron N Barnard N 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
Buck Y Buckner
NBunn Y Burkhalter YByrd Y Campbell

Canty Y Carter Y Chambless Y Channell N Childers Y Coker N Coleman, B
Coleman, T Connell YCox N Crawford N Crews Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B Y DeLoach, G NDix Y Dixon, H Dixon, S
Y Dobbs N Ehrhart
YEpps

N Evans N Falls
N Felton Y Floyd Y Godbee Y Golden
Goodwin Y Greene N Grindley Y Banner N Harbin N Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Ylrvin Y James

Y Jamieson Y Jenkins N Johnson, G Y Johnson, J Y Johnston
Jones N Joyce NKaye Y Kinnamon N Klein
NLadd N Lakly YLane
Lawrence YLee N Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton

McKinney
N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal
Orrock
Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves Y Reichert

1924

JOURNAL OF THE HOUSE,

Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins N Shanahan Y Shaw Y Sherrill Y Shipp Y Simpson

Y Sinkfield N 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

Y Snow N 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 N Towery
Trense Y Turnquest
Twiggs Walker, L N Walker, R.L Y Wall Y Watson

Y Watts N Westmorland N WhiUker
White N Wiles
Williams, B N Williams, J
Williams, R N Woods
Yates Murphy, Spkr

On the passage of the Bill, by substitute, as amended, the ayes were 98, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The following Committee substitute was read:

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 provide for privileged communications to, between, and among certain mental health care providers; 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 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, is amended by striking Code Section 24-9-21, relating to confi dentiality of certain communications, and inserting in lieu thereof the following:
"24-9-21.
There are certain admissions and communications excluded on grounds of public policy. Among these are:
(1) Communications between husband and wife; (2) Communications between attorney and client; (3) Communications among grand jurors; (4) Secrets of state; and (5) Communications between psychiatrist and patient?; (6) Communications between licensed psychologist and patient as provided in Code Section 43-39-16; (7) Communications between patient and a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor during the psychotherapeutic relationship; and (8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient's communications which are otherwise privileged by paragraph (5), (6), or (7) of this Code section.

MONDAY, MARCH 13, 1995

1925

As used in this Code section, the term 'psychotherapeutic relationship' means the rela tionship which arises between a patient and a licensed clinical social worker, a clinical nurse specialist in psychiatric/mental health, a licensed marriage and family therapist. or a licensed professional counselor using psychotherapeutic techniques as defined in Code Section 43-10A-3 and the term 'psychotherapy' means the employment of 'psychotherapeutic techniques' by such licensed person."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Kinnamon of the 4th and Chambless of the 163rd move to amend the Committee substitute to SB 223 as follows:
On page 2 line 15 delete the words: "by such licensed person."
Add a period after the word "techniques" on page 2, line 15.

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 N Barnes
Bates Y Benefield Y Birdsong Y Bordeaux Y Bostick
Breediove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J
Brush Buck Y Buckner
YBunn Y Burkhalter YByrd Y Campbell
Y 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 Y Davis, G Y Davis, M NDay 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
Goodwin Y Greene N 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
Jamieson Y Jenkins Y Johnson, G Y Johnson, J
Johnston Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Lawrence YLee Y Lewis
Y 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
Mueller Y O'Neal
Orrock

Parham Y Parrish N 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 N 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 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
N Titus Y Towery Y Trense Y Turnquest
Twiggs Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmorland Y Whitaker White N 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 146, nays 12.

1926

JOURNAL OF THE HOUSE,

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

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.

The following Committee substitute was read:

A BILL
To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for sums for filing documents, instruments, and other papers pertaining to real estate and personal property for the purpose of effectuating the provisions of Code Section 15-5-97; to require the Georgia Superior Court Clerks' Cooperative Authority to develop an automated information system for real and personal property records; to provide for administration of funds; to provide for the powers and duties of the Georgia Superior Court Clerks' Cooperative Authority; to provide for limitations on expenditures; to provide for related matters; to provide for penalties; 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 Coordi nating Council; to provide that where there is no local approved program, such funds shall be paid to the district attorney and used to defray costs of victim assistance activities car ried out by the district attorney's office; to provide for administrative procedures; to pro vide for monetary penalties for late transfer of funds; to provide for criminal penalties for refusal to remit funds; to amend Code Section 35-6A-7 of the Official Code of Georgia Annotated, relating to functions and authority of the Criminal Justice Coordinating Coun cil, so as to reflect such functions of the council; to provide for related matters; to provide for an effective date and for applicability; to provide for automatic repeal; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by strik ing subsection (f) of Code Section 15-6-77, relating to fees of clerks of the superior courts, and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(1)(A)(|1 Filing all instruments pertaining to real estate and personal
btti et limited te th filing of- deeds, deeds of trust, affidavits, releases,

lieus, iiospitflj liens, writs i lien IQCIQ.S, notices of its pondcns, written information ef utilities, and cancellation of deeds, liens, and writs effieri facias, first page..........................................................................................$ 4:66 9.50 Each page, after the first ..................................................................................................2.00
(ii) Filing all instruments pertaining to real estate and personal prop erty including liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital

MONDAY, MARCH 13, 1995

1927

liens, writs of fieri facias, notices of lis pendens, written information on utilities, and writs of fieri facias, first page ...............................................................4.50 Each page, after the first ..............................................................................................2.00 (B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page.....................................................................................................................................lO.OO Each page, after the first ..................................................................................................2.00 (2) Filing maps or plats, each page ....................................................................................7.50 (3) For processing an assignment of a security deed, for each deed assigned...........4.50"
SECTION 2. Said article is further amended by inserting new Code Sections 15-6-97 and 15-6-98 at the end thereof to read as follows:
"15-6-97.
(a) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop a state-wide uniform automated information system for real and personal property records, excluding filings made pursuant to Article 9 of Title 11. In furtherance of development of the system, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. The Georgia Superior Court Clerks' Cooperative Authority shall have authority to implement rules and regulations necessary to develop the system described in this Code section. (b) The Georgia Superior Court Clerks' Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(1) To provide for the collection of moneys; (2) To manage, control, and direct such funds and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks' Coopera tive Authority in its discretion shall determine will best further the public purpose of the authority; and (4) To exercise all other powers necessary for the development of the system provided for in this chapter.
15-6-98.
(a) The clerk of the superior court of each county of this state shall collect for each court in which he or she serves as clerk the fees provided for in this chapter. (b) From the fees enumerated in division (f)(D(A)(i) of Code Section 15-6-77, the Geor gia Superior Court Clerks' Cooperative Authority shall collect from each clerk of supe rior court $5.00 from each fee collected. (c) The sums withheld pursuant to division (f)(l)(A)(i) of Code Section 15-6-77 shall be remitted to the Georgia Superior Court Clerks' Cooperative Authority by each clerk of a superior court for the purpose of effectuating the provisions of this Code section and any other provision of law. Such fees shall be remitted not later than the tenth day of the month following the collection of such fees by the clerk of a superior court."
SECTION 3. Said title is further amended by adding at the end of Chapter 21, relating to payment and disposition of fines and forfeitres, a new Article 8 to read as follows:
"ARTICLE 8
15-21-130. It is the intent of this article to provide funding for local victim assistance programs.
15-21-131. (a) In every case in which any state court, superior court, or any municipal court of any unified or consolidated government in this state shall impose a fine, which shall be con strued to include costs, for any criminal offense, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine.

1928

JOURNAL OF THE HOUSE,

(b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter.
15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over on a monthly basis as follows:
(1) If the county where the fine was imposed operates or participates in a victim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to that victim assistance program; or (2) If the county where the fine was imposed does not operate or participate in a vic tim assistance program approved by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located for the purpose of defraying the costs of victim assistance activi ties carried out by the district attorney's office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorney's office and shall be in addition to rather than in lieu of any other such funds. (b) The Criminal Justice Coordinating Council shall promulgate rules governing the approval of victim assistance programs. The rules shall provide for the approval of pro grams which are designed to provide substantial assistance to victims of crime in under standing and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that approval shall be liberally granted so as to encourage local innovations in the development of victim assistance programs.
15-21-133. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delin quent, not to exceed a total of 25 percent of the principal amount.
15-21-134. Any person whose duty it is to collect and remit the sums provided for in this article who refuses to so remit shall be guilty of a misdemeanor."
SECTION 4. Code Section 35-6A-7 of the Official Code of Georgia Annotated, relating to functions and authority of the Criminal Justice Coordinating Council, is amended by striking the word "and" at the end of paragraph (9); by renumbering paragraph (10) as paragraph (11); and by inserting a new paragraph (10) to read as follows:
"(10) To promulgate rules governing the approval of victim assistance programs as provided for in Article 8 of Chapter 21 of Title 15; and".
SECTION 5. This Act shall become effective July 1, 1995. Sections 3 and 4 of this Act shall apply with respect to offenses committed on or after July 1, 1995.
SECTION 6. Sections 1 and 2 of this Act shall stand repealed on July 1, 1996.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

MONDAY, MARCH 13, 1995

1929

Representative Reichert of the 126th moves to amend the Committee substitute to SB 114 as follows:
Delete Section 1 and Section 2, renumber following sections accordingly.

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 N Barnard N Barnes
Bates N Benefield Y Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J Y Brush
Buck N Buckner YBunn Y Burkhalter NByrd N Campbell
Canty N Carter N Chambless N Channel! N Childers N Coker Y Coleman, B
Coleman, T Connell NCox N Crawford

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

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

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

On the adoption of the amendment, the ayes were 66, nays 80. The amendment was lost.

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

Representative Holland of the 157th stated that he inadvertently voted "aye" on the preceding roll call. He wished to be recorded as voting "nay" thereon.

The following amendment was read:

Representative Breedlove of the 85th moves to amend the Committee substitute to SB 114 a follows:
Change 9.50 to 4.50 page 2 line 19.

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 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
Buck

1930

JOURNAL OF THE HOUSE,

Y Buckner Y Bunn Y Burkhalter
NByrd N Campbell
Canty N Carter N Chambless Y Channell N Childers Y Coker Y Coleman, B
Coleman, T Connell N Cox Y Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M
NDay N DeLoach, B Y DeLoach, G YDix Y Dixon, H N Dixon,S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls

Y Felton N Floyd N Godbee
Golden Y Goodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Howard N Hudson N Hugley Y Irvin
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
Lawrence NLee Y Lewis Y Lifsey NLord
Lucas Y Maddox Y Mann N Martin N McBee N McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal N Orrock
Par ham Parrish
Y Parsons N Pelote N Perry Y Pinholster N Polak Y Porter

N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
NRay N Reaves Y Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggins Y Shanahan NShaw N Sherrill
Y Shipp N Simpson N Sinkfield N Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, P N Smith, T Y Smith, V
Smith, W N Smyre Y Snelling
N Snow

On the adoption of the amendment, the ayes were 74, nays 81. The amendment was lost.

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

The following amendment was read and adopted:
Representatives Chambless of the 163rd and Purcell of the 147th move to amend the Com mittee substitute to SB 114 by striking line 28 on page 2 and inserting in lieu thereof the following:
"utilities, cancellations of liens, and writs of fieri facias, first".

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 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 Y Brush
Buck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell

YCox Y Crawford N Crews Y Culbreth Y Cummings
Y Davis, G Y Davis, M YDay Y DeLoach, B N DeLoach, G N Dix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps N 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
Howard Y Hudson Y Hugley Y Irvin Y James
Jamieson Y Jenkins Y Johnson, G N Johnson, J N Johnston Y Jones N Joyce YKaye Y Kinnamon Y Klein

MONDAY, MARCH 13, 1995

1931

YLadd N Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord
Lucas N Maddox
N Mann
Y Martin Y McBee Y McCall Y McClinton
McKinney N 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 N Randolph YRay

Y Reaves N Reichert Y Roberts N Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkiield Y Skipper N 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 Y Thomas
Tillman Y Titus

Y Towery
Y Trense Y Turnquest Y Twiggs
Walker, L N Walker, R.L N Wall
Watson Watts
Y Westmorland
N 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, by substitute, as amended, the ayes were 136, nays 25.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

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

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 Felton Y Floyd Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris Hart Y Heard

Heckstall
Hegstrom Y Hembree Y Henson
Holland Holmes Howard Y Hudson Y Hugley
Irvin
James
Y Jamieson
Y Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye
Kinnamon
Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey
Lord
Lucas Y Maddox YMann

Y Martin Y McBee
McCall Y McClinton
McKinney Y Mills
Y Mobley, B Mobley, J Mosley
Y Mueller Y O'Neal
Orrock
Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston
Powell Y Purcell, A
Purcell, B Randall Y Randolph Ray Y Reaves
Y Reichert Roberts
Y Rogers 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
Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Teper Y Thomas Tillman

1932

JOURNAL OF THE HOUSE,

Titus Y Towery
Trense Y Turnquest

Y Twiggs Walker, L
Y Walker, R.L Y Wall

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 129, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 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.

The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.

Representative Ehrhart of the 36th gave notice that at the proper time he would move that the House reconsider its action in giving the requisite constitutional majority to SB 69.

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.

The following substitute, offered by Representatives Williams of the 114th and Lord of the 121st, was read and adopted:

MONDAY, MARCH 13, 1995

1933

A BILL
To amend Code Section 33-14-19 of the Official Code of Georgia Annotated, relating to financial interests in and transactions with insurers by officers, directors, committee mem bers, 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, committee members, or employees; 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 be conveyed automatically to a corporation or trustee under certain circumstances; to provide that a corporation that acquires an existing corporation or a trustee of a trust established by such corporation for certain purposes may effectuate insurance upon the employees or retirees of the acquired corporation; to provide definitions; 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. Code Section 33-14-19 of the Official Code of Georgia Annotated, relating to financial interests in and transactions with insurers by officers, directors, committee members, or employees who invest insurers' funds, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Any officer, director, member of any committee, or an employee of a domestic insurer who is charged with the duty of investing or handling the insurer's funds shall not:
(1) Deposit or invest the funds except in the insurer's corporate name, except as oth erwise authorized by this title; (2) Borrow the funds of the insurer; (3) Be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of such insurer except as a stockholder or member unless:
(A) The insurer has provided the Commissioner with written notice of the proposed transaction no later than 30 days prior to such transaction, or such lesser period as may be permitted by the Commissioner, and the Commissioner has not disapproved the proposed transaction within that period; provided, however, that the Commis sioner may, upon written notice given to the insurer no less than five days prior to the expiration of the initial review period, extend the review period for an addi tional time not to exceed 30 days; and (B) The proposed transaction has been approved by directors' action in accordance with the provisions of Code Section 14-2-862, or by shareholders' action in accord ance with the provisions of Code Section 14-2-863, if the proposed transaction would be a director's conflicting interest transaction as defined bjr Code Section 14-2-860; or (4) Take or receive to his or her own use any fee, brokerage, commission, gift, or other consideration for or on account of any such transaction made by or on behalf of the insurer."
SECTION 2. 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.

1934

JOURNAL OF THE HOUSE,

(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. The term 'employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insur ance in an amount not exceeding the insurance being surrendered. (c.l) The insurable interest of a corporation or trustee which has been established pur suant to subsection (c) of this Code section shall be conveyed automatically to another corporation or to the trustee of a trust established by such other corporation for its sole benefit which has acquired by purchase, merger, or otherwise all or part of the first cor poration's business. A corporation or the trustee of a trust established by such corpora tion for its sole benefit may exchange any policy of insurance issued to itself or to another corporation or the trustee of a trust established by such other corporation for its sole benefit from which the exchanging corporation has acquired by purchase, merger, or otherwise all or part of such other corporation's business for a new policy of insurance issued to itself without establishing a new insurable interest at the time of such exchange. (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 3. Said article is further amended by striking Code Section 33-24-6, relating to consent of insured to the insurance contract, and inserting in lieu thereof a new Code Section 33-24-6 to read as follows:
"33-24-6.
(a) No life or accident and sickness insurance contract upon an individual, except a con tract 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 individual

MONDAY, MARCH 13, 1995

1935

insured, being of competent legal capacity to contract, applies for a life or accident 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; e* (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 described in paragraph (4) or (5) of this subsection or the trustee of a trust established by such corporation for its sole benefit may exchange any policy which was issued to itself on the life of an employee or retiree of the corporation, or which was issued to another corporation or the trustee of a trust established by such other corporation for its sole benefit on the life of an employee or retiree of such other corporation, and the exchanging corporation has acquired by purchase, merger, or oth erwise all or part of such other corporation's business for a new policy of insurance on such individual's life issued to the exchanging corporation. (b) If a contract of life insurance is issued as authorized in paragraph (1), (2), or (3) of subsection (a) of this Code section, the insurer shall be required to give written notice of such life insurance in accordance with this subsection. At the time of the issuance or delivery of the contract of insurance, notice of the issuance of the policy shall be delivered to the insured in person or by depositing the notice in the United States mail, to be dispatched by at least first-class mail to the home, business, or other address of record of the insured. The insurer may obtain a receipt provided by the United States Postal Service as evidence of mailing such notice or obtain such other evidence of mail ing as prescribed or accepted by the United States Postal Service. The insurer shall not be required to provide the notice set forth in this subsection with respect to any applica tion for credit life insurance; any insured who is older than the age of majority and who has signed or otherwise acknowledged the application in writing; any application for insurance covering the life of a minor; or any application for a contract of life insurance with a face amount of less than $10,000.00. (c) An insurer shall be entitled to rely upon all statements, declarations, and representa tions made by an applicant for insurance relative to the insurable interest which such applicant has in the insured; and no insurer shall incur any legal liability except as set forth in the policy, by virtue of any untrue statements, declarations, or representations so relied upon in good faith by the insurer. (d) As used in paragraphs (4)2 (5), and {6} (6) of subsection (a) of this Code section, the term 'employee' shall include any and all directors, officers, employees, retired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insur ance being surrendered."
SECTION 4. Said article is further amended by striking paragraph (11) of subsection (a) of Code Sec tion 33-27-3, relating to required provisions in group life insurance policies, and inserting in lieu thereof a new paragraph (11) to read as follows:

1936

JOURNAL OF THE HOUSE,

"(11) A corporation or trustee of a trust having an insurable interest pursuant to sub section (c) of Code Section 33-24-3 and effectuation authority pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6, providing life, health, disability, retirement, or similar benefits to employees may designate the beneficiary of a group life insurance policy, providing that the corporation or trustee of a trust uses the insurance proceeds to provide life, health, disability, retirement, or similar benefits to such employees. As used in this paragraph, the term 'employees' shall include direc tors, officers, employees, retired employees, or the dependents of such persons. The term 'employee' shall include any former employee, but only for the purpose of replac ing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered."
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 99, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Speaker assumed the Chair.

SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th, Isakson of the 21st and Newbill of the 56th:
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.

The following Committee substitute was read:

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' compensation purposes, so as to revise extensively provisions relative to such funds; to revise definitions; to provide for notices of intent to form a fund; to revise requirements for the establishment of group self-insur ance funds; to provide for certain information to be submitted to the Commissioner of Insurance with an application for a certificate of authority; to provide for the confidential ity of certain information; to revise provisions relative to certificates of authority and renewal fees; to revise procedures for the admission of new members into a fund; to allow for the submission of underwriting criteria by the trustees of a fund to be used in evaluat ing prospective members of a fund; to revise procedures relative to the voluntary or invol untary termination of a member of a fund; to allow for the submission of underwriting criteria to be used in evaluating the removal of a member of a fund; to provide for the experience modification factor to be applied to terminated members of a fund; to authorize

MONDAY, MARCH 13, 1995

1937

the Commissioner to exempt a fund from filing certain periodic reports; to revise the fac tors that shall be considered in determining the financial condition of a fund; to revise requirements for deposits of securities by funds and excess loss funding programs; to revise the amount and requirements relative to minimum surplus which must be maintained by funds; to delete provisions relative to loss reserves which must be maintained by funds; to delete the requirement of the implementation of a rehabilitation program for members of funds; to require liability and similar insurance coverage to be written by an authorized insurer or eligible surplus lines insurer; to provide a minimum schedule for the examina tion of funds; to provide for the submission of certain information in conjunction with an examination; to provide time periods for compliance with certain requirements; to provide for construction; to provide for editorial revision; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance funds for workers' compensation purposes, is amended by striking Code Section 34-9-151, relating to definitions, and inserting in lieu thereof a new Code Section 34-9-151 to read as follows:
"34-9-151.
As used in this article, the term: (1) 'Administrator' means any individual, partnership, or corporation except a spon soring association or associations, designated and authorized by the board of the fund to carry out the day-to-day operations of the fund, including, but not limited to, the processing and payment of claims. (2) 'Basic rate' means the annual premium rate charged prior to any credit being given for applicable experience debits or credits or for applicable discounts or surcharges. (3) 'Board of the fund' means the board of trustees of any fund created pursuant to this article. (4) 'Commissioner' means the Commissioner of Insurance of the State of Georgia. (5) 'County' means a county of this state. Such term shall include a consolidated citycounty government and any public authority, commission, board, or similar body cre ated or activated by an Act of the General Assembly or by a resolution or ordinance of the governing authority of a county, individually or jointly with any other political subdivision or subdivisions of this state, pursuant to the Constitution of this state or an Act of the General Assembly and which carries out its functions on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county. (6) 'Fund' means a joint fund for workers' compensation established by tat authorized trade association er professional association or by a gfeap of municipalities, counties, seheel boards, er hospital authorities pursuant to this article. (7) 'Gross annual premium' means the total annual premium determined by multiply ing the payroll for the applicable workers' compensation job classifications by the appropriate annual premium rate for each classification. (8) 'Hospital authority' means any legally constituted board, commission, or authority which has been created for the purpose of and is actually governing the operation of a public hospital created in accordance with the laws of this state. (9) 'Intrastate agreement' means the written agreement subscribed to and abided eseeated by the members of the fund, which agreement establishes the fund and provides for its operation and through which each member agrees to assume and discharge, jointly and severally, any and all liability under this article relating to or arising out of the operations of the fund. (10) 'Member' means an employer who is a member of a fund established by a trade association or professional association or by a group of municipalities, counties, school boards, or hospital authorities in accordance with this article. 'Member' also means a trade association or professional association which elects to cover its own employees under a fund established by its members.

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(11) 'Municipality' means an incorporated municipality of this state, a consolidated city-county government, and any local public authority, commission, board, or other similar agency which is created by a general or local Act of the General Assembly and which carries out its functions wholly or partly within the corporate boundaries of an incorporated municipality of this state. This term shall also include such bodies which are created or activated by an appropriate ordinance or resolution of the governing body of a municipal corporation, individually or jointly with other political subdivi sions of the state. (12) 'Normal annual premium' means the standard annual premium plus or minus applicable surcharges or discounts. (13) 'Premium' means any consideration, by whatever name called, paid to a fund by a member for coverage under the fund. (14) 'Professional association' means a corporation or unincorporated association which at the time it initially makes application to form a fund under this chapter has been organized for a period of at least three years and is domiciled in the State of Georgia, is engaged in substantial activity for the benefit of its members, other than the sponsorship of a fund operated pursuant to this article, and which is comprised of a bona fide group of employers who are engaged in the same or in substantially similar types of professions and have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' liabil ity insurance. (15) 'School board' means a public board of education of any county or of any inde pendent school system of this state. (16) 'Standard annual premium' means the gross annual premium plus or minus applicable experience credits or debits. (17) 'Surplus' means the total assets of the fund less its liabilities and reserves as determined in accordance with the requirements of this article. (18) 'Surplus share' or 'proportionate share' means the initial contribution paid to a fund by a member as a condition of membership in the fund. (19) 'Trade association' means a corporation or unincorporated association which at the time it initially makes application to form a fund under this chapter has been organized for a period of at least three years, domiciled in the State of Georgia, is engaged in substantial activity for the benefit of its members, other than the sponsor ship of a fund operated pursuant to this article, and whieh is comprised of a bona fide group of employers who are engaged in the same or in substantially similar types of businesses or professions within this state and who have similar governing industry classifications as approved by the Commissioner regarding workers' compensation and employers' liability insurance."
SECTION 2. Said article is further amended by adding immediately following Code Section 34-9-151, relating to definitions, two new Code sections, to be designated Code Sections 34-9-151.1 and 34-9-151.2, respectively, to read as follows:
"34-9-151.1.
(a) Any group or groups of employers who are engaged in similar business activities may establish a fund or funds provided that:
(1) Such fund or funds shall comply with the provisions of this article; (2) Separate classes, as described in Code Section 34-9-152, may not be commingled in any fund; and (3) Such fund or funds shall be established by one or more associations. (b) Any professional or trade association may establish a fund or funds. (c) Any fund established prior to July 1, 1995, and which is operating in compliance with this article or in compliance with the requirements of the applicable rules and regu lations of the Commissioner shall be deemed to be in compliance with this article.
34-9-151.2.

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At least 30 days prior to executing the initial intrastate agreement required by this arti cle, any group authorized to form a fund under this article shall file with the Commis sioner an intent to form a fund on such form as prescribed by the Commissioner. Such form shall include:
(1) The name of the group forming the fund; (2) The name of the proposed administrator; (3) The type or types of employers to be offered membership in the fund; and (4) A statement that the group is knowledgeable of and will comply with the require ments of this article and any rules or regulations pertaining thereto."
SECTION 3. Said article is further amended by striking Code Section 34-9-152, relating to the applica tion to the Commissioner for a certificate of authority to create a fund, and inserting in lieu thereof a new Code Section 34-9-152 to read as follows:
"34-9-152.
(a) Any group of municipalities, counties, school boards, or hospital authorities or any trade association or professional association or any other group authorized by this article may enter into an intrastate agreement for the purpose of extending workers' compensa tion benefits to employees of its members, and may make application to the Commis-
S1OOC1* IOf ft CCFill ICfllC Or flUtilOflty t0 CPCfltC ft rUDQ flUCl pPOVluC SUCH D6HGIH9 \JHCG fl
fund is established pursuant to the intrastate agreement, an officer or administrator of the fund shall, within ten days of the effective date of such agreement, deliver a copy of the agreement to the Commissioner. The fund shall provide workers' compensation coverage to the employees of members who deposit moneys for premiums into the fund. On or before the effective date of such coverage, the fund shall file with the State Board of Workers' Compensation the evidence of coverage form required by the board's rules issued pursuant to Code Section 34-9-126.
(b)(l) For purposes of this article, municipalities, counties, school boards, hospital authorities, trade associations, and professional associations shall each be deemed to constitute separate classes. Except as provided in paragraph (2) of this subsection, no member of any one such class shall join with a member of another class or classes for the purpose of creating a fund pursuant to this article. There shall be only one group self-insurance fund for municipalities and only one group self-insurance fund for coun ties; provided, however, if the Commissioner determines that there are special or unique circumstances or needs of a group of counties or municipalities which justify the establishment of an additional group self-insurance fund or funds for counties or municipalities, he the Commissioner may authorize the establishment of such fund or funds. (2) A board of education of an independent school system of any municipality is authorized to be a member of a fund comprised of municipalities. (c) A fund must make application to the Commissioner for a certificate of authority within 90 days of the date of executing an intrastate agreement creating the fund. The application shall state that the fund has met the requirements of this subsection and the requirements of subsections (d) through (f) of this Code section and shall set Whe applying fet a certificate ef- authority, a proposed ftmd shatt file with the Commissioner an application sotting forth the following: (1) The name of the fund; (2) The location of the fund's principal office, which shall be maintained within this state; (3) The location of the principal office of the sponsoring trade association; which shall be located in this state, or sponsoring professional association^ which shall be located in this state, or group of municipalities, counties, school boards, or hospital authori ties; (4) The names and addresses of the members; (5) The principal business of each member; (6) The name and address of a Georgia resident designated and appointed as the fund's proposed registered agent for service of process in this state;

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(7) The names and addresses of the officers and directors of the proposed fund and a statement of whether or not any of such officers and directors has been convicted of any crimes other than minor traffic violations within the last ten years;
(8) The powers of the officers and directors and the term of office of each; (9) A brief outline of the method by which the administrative obligations of the fund shall be met;
(10) A copy of the bylaws of the fund; (11) A copy of the intrastate agreement among the members; (12) The name and address of the administrator and, if the administrator is a corpo ration, the names and addresses of its officers and directors and a statement concern ing whether or not the administrator or any of the officers or directors thereof, if the administrator is a corporation, has been convicted of any crimes other than minor traffic violations within the last ten years; (13) A statement of the previous experience and background of any administrator of the fund, including reference to any licenses it may hold or have held in this state or any other state within the last ten years; (14) The most recent audited statement of the financial condition of any administra tor of the fund or the most recent annual statement of such administrator if it is an insurer. Any financial statement provided as required by this paragraph shall not be deemed to be a public'document and shalfbe maintained in confidence by the~Commissioner;
(15) A copy of any agreements between the fund and any contract administrator of the fund; (16) A statement of the financial condition of the fund listing all of its assets and lia bilities as of the end of the last preceding month prior to the date of the application
on such a form as may be prescribed by the Commissioner; (17) A copy of each contract, endorsement, and application form it proposes to issue
or use; (18) Excluding funds formed by counties, municipalities, or school boards, a A cur
rent, audited financial statement or other acceptable financial statement of each mem ber of the fund}. This statement shall be required of each member at the time of application to the fund, but shall not be required at any other time unless such mem ber shall become 90 days delinquent in payment to the fund. Any financial statement
provided pursuant to this article which statement shall not be deemed to be a public document and which shall be maintained in confidence by the Commissioner; and (19) Such other information, documents, or statements as the Commissioner may rea
sonably require. (d) Each application for a certificate of authority shall be accompanied by a filing fee
of $300.00, which fee shall not be refundable. (e) A fund authorized by this article may be established only with the participation of ten or more members and shall have no fewer than 1,000 employees in the aggregate. The names of the participants and any information submitted by any member shall not
be deemed to be public information and shall be maintained in confidence b_ the Com missioner. Any fund licensed after July 1^ 1995, shall have no fewer than 15 members and 1,500 employees in the aggregate. Any fund which attains compliance and subse quently falls below the minimum number of members or aggregate employees may be
granted additional time to regain compliance, uj> to a maximum of 180 days. (f) A fund authorized by this article may be established only if it has and thereafter maintains gross annual premiums of $300,000.00. er stteh higher amount as the Commiasiene* deems necessary te protect the interests of the members and theif- employees Any
fund licensed after July 1, 1995, may be established only if it has and thereafter main tains a gross annual premium of $1 million. Any fund which attains compliance and sub sequently falls below the minimum required premium may be granted additional time to regain compliance, up to a maximum of 180 days.
(g) All employers who are members of a class which forms a fund pursuant to this arti cle shall be eligible for membership in such fund unless membership is denied such employers by the trustees according to underwriting guidelines established by the trust ees of the fund and approved by the Commissioner in accordance with this article.

MONDAY, MARCH 13, 1995

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(h) Any trade association er professional association er greap ef municipalities, counties, school boards, or hospital authorities which forms a fund formed pursuant to this article shtttt may accept as a member of such fund any other employer of the same class, as defined in subsection (b) of this Code section, which makes application for membership and otherwise meets the requirements of this article and the underwriting guidelines established bjr the trustees of the fund and approved by the Commissioner."
SECTION 4. Said article is further amended by striking subsection (e) of Code Section 34-9-153, relat ing to the issuance of a certificate of authority, grounds for revocation or denial, and annual renewal fees, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The certificate shall be renewed annually in accordance with rates and regulations promulgated by the Commissioner, upon payment by the fund of an annual fee ef $800.00 the renewal fee required b^ subparagraph (CC) of paragraph (1) of Code Section 33-8-1."
SECTION 5. Said article is further amended by striking Code Section 34-9-155, relating to the license required for solicitation of membership or participation in a fund and the procedure for the admission of new members, and inserting in lieu thereof a new Code Section 34-9-155 to read as follows:
"34-9-155.
(a) No person shall solicit membership or participation in any fund unless such person: (1) Has a valid agent's license for property and casualty insurance or a counselor's license issued pursuant to Article 1 of Chapter 23 of Title 33; or (2) Is an officer, director, or employee of: (A) A professional association or trade association; or (B) A corporation with its income exempt pursuant to Section 115 of the United States Internal Revenue Code.
(b) After, the inception date of a fund, prospective new members of the fund shall sub mit an application for membership to the board of the fund and2 unless the fund elects to meet the requirements of subsection (c) of this Code section, to the Commissioner on a form prescribed by the Commissioner. The board of the fund or the administrator, with the approval of the board of the fund, shall establish the net worth ef the land and the proportionate share te be paid amount to be paid or contributed by each appli cant to become a member of the fund. If the Commissioner does not disapprove the application of a prospective new member within 96 45 days, the applicant, upon pay ment or contribution to the fund of- its proportionate share as determined in accordance with this article, shall be authorized to become a member of the fund, to enter krte sub scribe to and abide by the intrastate agreement bylaws, rules, and regulations of the fund with the other members ef the fund, and to share the liabilities and assets of the fund in accordance with its bylaws and with the applicable provisions of this article. The board of the fund may take into consideration the loss ratio of a prospective member in establishing such member's proportionate share initial payment or contribution, pro vided that, notwithstanding the provisions of this Code section, such prospective member's proportionate share initial payment or contribution shall be reasonable in rela tionship to the proportionate shares initial payment or contribution paid by the other members of the fund. Any person or group aggrieved by a determination of the board of the fund regarding the establishment of a member's proportionate snare initial pay ment or contribution shall have the right to appeal such determination to the Commis sioner. (c) The trustees of a fund may submit underwriting criteria to the Commissioner for approval and unless the Commissioner disapproves the underwriting criteria within 90 days, the fund shall be authorized to approve or deny application for membership in the fund according to such underwriting criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the underwriting criteria submitted and approved by the Commissioner."

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SECTION 6. Said article is further amended by striking Code Section 34-9-156, relating to voluntary and involuntary termination of membership in a fund, and inserting in lieu thereof a new Code Section 34-9-156 to read as follows:
"34-9-156.
(a) A member may elect to terminate voluntarily its participation in a fund by giving at least 90 days' advance written notice to the fund and to the Commissioner unless the fund elects to meet the requirements of paragraph (e) of this Code section. Such vol untary termination shall be approved by the Commissioner or the fund, upon a finding by him the Commissioner, or the fund, that such member and the ftmd are is in good standing and that both member and fund have met all requirements of this article and of any rules and regulations issued by the Commissioner and the fund as of the pro posed effective date of termination.
(b)(l){A) A member may be involuntarily terminated as a member of a fund upon a finding by the Commissioner, after due notice and hearing, that such member has failed to comply with the requirements of this article or with the bylaws of the fund or the applicable intrastate agreement. Such hearings may be initiated by the Com missioner either upon his the Commissioner's own motion or upon a recommenda tion of the board of the fund or the member facing involuntary termination. In the Commissioner's discretion, any hearings arising from this Code section may be con solidated if the issues involved are the same or substantially similar to those of other scheduled hearings. (B) The trustees of a fund may involuntarily terminate a member of the fund if the fund elects to meet the requirements of subsection (e) of this Code section and if the trustees find that such member has failed to comply with the requirements of this article or with the bylaws of the fund or the applicable intrastate agreement. (2) A member may be involuntarily terminated for failure to pay its proportionate share or any premiums or installments thereof due the fund or for failure otherwise to discharge its obligations to the fund when due. Written notice stating the time when the termination will be effective, which time shall be not less than 15 days from the date of notice or such other specific longer period as may be provided in the intra state agreement or by statute, may be delivered in person or by depositing such notice in the United States mail, to be dispatched by at least first class mail to the last address of record of the member, and receiving therefor the receipt provided by the United States Postal Service. Such notice may or may not be accompanied by a tender of the unearned premium paid by the member, calculated on a pro rata basis. If such tender is not made simultaneously with such notice, it shall be made within 15 days of notice of termination unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable. (c) Any member who either voluntarily terminates fets membership or is involuntarily terminated from membership in a fund pursuant to this Code section shall remain jointly and severally liable for all obligations of the fund as of the date of such termina tion, including, but not limited to, any obligations of the fund to pay claims against the fund arising out of any occurrence, incident, or accident which took place during the member's membership in the fund. (d) Any member who is voluntarily terminated or is involuntarily terminated shall carry the same experience modifier promulgated by the fund unless proof can be provided to the Commissioner that either the formula for determining the experience modifier is incorrect or the data being used is incorrect. (e) A fund may submit criteria to the Commissioner to be used in the removal of a member from the fund and unless the Commissioner disapproves the criteria in writing in 90 days, the fund shall be authorized to voluntarily or involuntarily remove a member from the fund according to the submitted criteria. The Commissioner, in conjunction with any examination of the fund, shall ensure that the fund is complying with the crite ria submitted and approved by the Commissioner."

MONDAY, MARCH 13, 1995

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SECTION 7. Said article is further amended by striking the undesignated language at the beginning of Code Section 34-9-158, relating to the powers of the boards of trustees, and inserting in lieu thereof the following:
"The board of the fund shall have the following specific powers, together with such other powers granted elsewhere in this article as may be necessary or incidental to effec tuate the purposes of this article:".
SECTION 8. Said article is further amended by striking Code Section 34-9-159, relating to annual reports of affairs and operation of funds, and inserting in lieu thereof a new Code Section 34-9-159 to read as follows:
"34-9-159.
On or before March 1 in each year after it shall have commenced to do business pursu ant to a certificate of authority, every fund shall make and file with the Commissioner a report of its affairs and operations during the last preceding calendar year. This annual report shall be made in such form and shall contain such information as the Commissioner may, from time to time, by regulation, prescribe and require to protect the public interest, the interests of the members of the fund, and the interests of the employees of each member. The Commissioner may, by regulation, require such addi tional periodic reports as he the Commissioner may from time to time prescribe as nec essary or appropriate to protect the members and their employees and the public, to ensure the solvency of any fund, to inform the members of the fund, and to assure fair dealing in the investments of any fund. The Commissioner may require that the reports be verified under oath by such appropriate officers or agents as he the Commissioner may designate by regulation and may require the reports to be furnished to persons or entities h the Commissioner determines to have a legitimate interest therein. The Com missioner may, based upon the Commissioner's evaluation of the condition of individual funds, exempt that fund from submitting any report, except the annual report required by this article. Compliance with this Code section shall be a condition of the renewal of a certificate of authority under Code Section 34-9-153."
SECTION 9. Said article is further amended by striking Code Section 34-9-160, relating to the method of determining the financial capacity of a fund to pay obligations, and inserting in lieu thereof a new Code Section 34-9-160 to read as follows:
"34-9-160.
In determining the financial condition and solvency of a fund and the financial capacity of a fund to pay workers' compensation obligations promptly and otherwise to meet its obligations under this chapter, the Commissioner shall take into consideration the fol lowing:
(1) The security deposit required by Code Section 34-9-161; (2) The surplus required by Code Section 34-9-162; (3) Such other considerations as the Commissioner may, by rule or regulation, deem necessary or appropriate; (i)i4) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis; {2){5j The surplus shares of members shall be allowed as assets, except that any pre miums delinquent for 90 days shall first be charged against such surplus shares;
The surplus shares of members shall not be charged as a liability; All premiums delinquent less than 90 days shall be allowed as assets; An assessment levied upon members and not collected shall not be allowed as an asset; {6}{9J The computation of reserves shall be based upon premiums other than mem bership fees and without any deduction for expenses and the compensation of any contract administrator; and

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The existence and face value of contracts or policies of excess insurance or other measures of financial capacity as the Commissioner may deem appropriate, including the authority of municipalities, counties, and school boards, to levy and col lect taxes pursuant to the laws of this state."
SECTION 10. Said article is further amended by striking Code Section 34-9-161, relating to securities deposits and excess loss funding programs, and inserting in lieu thereof a new Code Sec tion 34-9-161 to read as follows:
"34-9-161.
(a)(l) Each Except tts otherwise provided paragraph 42) of- this subsection, eaeh fund shall maintain a deposit consisting of securities eligible for deposit by domestic insurance companies in accordance with Chapter 12 of Title 33 in * the amount wiiicii is eQUftx to so percent of *tic nopmfli Q.IHIU&I premiums opj tt scceptoole to trie oomm199lonerj post tR lieu tnoTeoi ft surety oond m AH Amount WHICH is ecjusi to oo percent ef the normal annual premium; provided, however, that a ftmd established by a greap ef- municipalities, counties, er seheel beards shall only be required to maintain

fin Amount wnien is OQUftt to "to pcredit of tne nomiftl ctnnu&l prcmiun%r T tne oofittTM miasioner permits a fand- te pest a stwety- bend- i Ke ef- the deposit required abever sucn & Dond snftir only oe flcceptflDie n* rt is issued oy fttt fluthon2CQ insurci* EIDO, its
amount equates to the deposits required of a domestic insurance company pursuant to Code Section 33-3-8.
application ad approval ef the Commissioner, maintain a security deposit consisting Or securl11e9 OP ft surety OODU ds de9CPi Ded MH pAt&F&pn \X7 of tins suoscctiow m tftc
or bonds in the amount of $250,000.00 to satisfy the securities deposit requirement of paragraph (1) of this subsection. Such bond or bonds shall be acceptable only if issued by an insurer whose form has been approved by the Commissioner. (3) The security deposit required by this subsection shall be allowed as an asset and shall not be deemed as part of the surplus required by Code Section 34-9-162. (b) The excess loss funding program of a fund shall be approved by the Commissioner as a condition to the issuance and maintenance of a certificate of authority of any fund created pursuant to this article. An excess loss funding program may consist of excess insurance, self-funding from unobligated surplus of an agency, any combination of the foregoing, or any other funding program acceptable to the Commissioner. A fund may be permitted to purchase excess insurance: (1) From insurers authorized to transact business in this state; or (2) From approved surplus lines carriers."
SECTION 11. Said article is further amended by striking Code Section 34-9-162, relating to the mainte nance of surplus and expendable surplus, and inserting in lieu thereof a new Code Section 34-9-162 to read as follows:
"34-9-162. (a) A fund formed pursuant to this article shall possess and thereafter maintain a mini mum surplus of not less than $160,000.00 and- et teas than $160,000.00 expendable swpkts er 9Beh higher amounts ef surplus er expendable surplus as the Commiaaieiier may reasonably establish er oubscqucntly require fe the protection ef- th members a4 the employees, providcd tRut tnc v^omnii99ioiier sn&ii nuve tne ctutnonty to rcQuife ctte establishment er maintenance ef saefe lesser amounts ef- minimum surplus er expendable surplus as he may deem adviaablc fer the protection ef- the members ad- their- employ

MONDAY, MARCH 13, 1995

1945

tiow mfty i&fj s&M9iiu by ft surety DOHQ WFittcn Dy sn flutnorized insurer tnd m A lorm approved by the Commiaaioncr. A surety bond shaft be replaced by cash or ft eask eqtrivateftt within 66 months ef the date said surety bend-was submitted te the Commiaaioncr $200.000.00. (b) The Commiaaioncr may waive the surplus requirement whert ft fund has made a deposit ef eligible securities er a surety bead erder te maintain compliance with- Code Section 34 iM61. (b) Any fund established prior to July 1^ 1995, which has satisfied the surplus require ment of this Code section by utilization of a surety bond shall replace such bond with cash or cash equivalent within 60 months of the date such bond was submitted to the Commissioner. (c) Any fund established prior to July 1^ 1995, which had received from the Commis sioner a waiver of surplus pursuant to subsection (b) of this Code section as it existed prior to July lj 1995, shall have until July 1 1998, to replace such waiver with actual surplus and provide evidence of such surplus to the Commissioner. {e)(d) At the discretion of the board of the fund, any surplus exceeding the require ments of this Code section and the total of all other liabilities of the fund may be returned to the members of the fund. The board of the fund shall notify the Commis sioner by letter within ten days following the return of any surplus."
SECTION 12. Said article is further amended by striking Code Section 34-9-163, relating to investment of assets and maintenance of loss reserves, and inserting in lieu thereof a new Code Sec tion 34-9-163 to read as follows:
"34-9-163.
(a) Except as otherwise specifically provided for in this article, the investable assets of a fund shall be invested only in securities or other investments permitted by the laws of this state for the investment of assets constituting the legal reserves of property and casualty insurance companies or in such other securities or investments as the Commis sioner may permit such insurers to invest their funds under Title 33. Such investments shall be subject to the same terms, conditions, and limitations which apply to property and casualty insurance companies under Title 33. (b) For all claims under policies written in the three years immediately preceding the date as of which the statement is made, a fund shall maintain:
(1) Actual loss reserves, incurred but not reported loss reserves, and reserves for aggregate excess insurance which, combined with actual loss and loss expense pay ments, shall be in an amount at least equal to the loss fund percentage as stated in the fund's excess insurance policy or such higher amounts as required by the Commis sioner; or (2) With the approval of the Commissioner, loss reserves in an amount equal to the greater of the amount established by an independent casualty actuary in accordance with actuarial standards or 40 percent of earned premiums written in each of the three years prior to the date on which the report or statement is to be made. For the purposes of this paragraph, the term 'actuarial standards' means the standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Insurance Ratemaking and the Standards of Practice adopted by. the Actuarial Standards Board. (c) Notwithstanding the provisions ef- subsection {b} ef this Code section, each fend-
required by the provisions ef Code Seetie* 33-10 0."
SECTION 13. Said article is further amended by striking subsection (b) of Code Section 34-9-164, relat ing to the payment of operating expenses by members of a fund, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The board ef- th ftrnd of each fund shall establish and implement a loss prevention and loss control and rehabilitation program for each member of the fund."

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SECTION 14. Said article is further amended by striking paragraph (5) of subsection (a) of Code Section 34-9-165, relating to requirements for contracts between funds and administrators not employed by such funds, and inserting in lieu thereof a new paragraph (5) to read as fol lows:
"(5) A requirement that errors and omissions coverage or other appropriate liability insurance in an amount which is not less than that specified by the rules and regula tions of the Commissioner be written with an authorized insurer or an eligible surplus lines insurer and be maintained at all times by the administrator."
SECTION 15. Said article is further amended by striking Code Section 34-9-172, relating to examinations by the Commissioner to verify the solvency of funds, and inserting in lieu thereof a new Code Section 34-9-172 to read as follows:
"34-9-172. The Commissioner shall have the authority to require and conduct periodic examina tions to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33^ except that each fund shall be examined at least once each five years. The Commissioner shall have the authority to require information to substantiate that the sponsoring association is engaged in sub stantial activity for the benefit of its members in accordance with the definitions of Code Section 34-9-151, but that authority is not to be construed as the right to regulate or inspect that association or its members."
SECTION 16. Said article is further amended by adding immediately following Code Section 34-9-181, relating to administrative finds, probation, and additional penalties, a new Code Section 34-9-182 to read as follows:
"34-9-182.
Except where otherwise specified in this article, funds established pursuant to this arti cle shall have until July 1, 1998, to comply with the requirements of this article."
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Towery of the 30th moves to amend the Committee substitute to SB 286 by adding on line 6 of page 1 after the semicolon and before the word "to" the following:
"to provide for notices of intent of the Commissioner to refuse to issue a certificate of authority to a proposed fund; to prohibit the formation of a fund until the Commis sioner withdraws such notice of intent;". By striking line 15 of page 5 and inserting in lieu thereof the following: "more professional or trade associations."
By striking the first word on line 24 of page 5 and inserting in lieu thereof the following:
"(a) At".
By striking the word "and" at the end of line 32 of page 5.
By striking line 35 of page 5 and inserting in lieu thereof the following:
"any rules or regulations pertaining thereto; and
(5) A copy of the intrastate agreement that will be used to establish a fund.

MONDAY, MARCH 13, 1995

1947

(b) Upon receipt and review of the information supplied with the notice of intent to form a fund provided under subsection (a) of this Code section, the Commissioner, pur suant to his or her authority under Code Section 34-9-169, may issue a notice of intent to refuse to issue a certificate of authority, which notice of intent shall be based upon the Commissioner's determination that the proposed fund would not be in compliance with the provisions of this article. The proposed fund may not be formed and the intrastate agreement may not be executed until the Commissioner withdraws in writing the notice of intent to refuse to issue a certificate of authority.'"

The following amendment was read:

Representative Bannister of the 77th moves to amend the Committee substitute to SB 286 as follows:
Page 5 - line 7 paragraph (a) after the word "any" delete words: "group or groups of employers"
And insert the following:
"Professional Assoc. or Trade Assoc."

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 N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J N Brush NBuck N Buckner Y Bunn N Burkhalter NByrd
N Campbell N Canty N Carter N Chambless N Channell N Childers N Coker Y Coleman, B
Coleman, T N Connell NCox Y Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M NDay Y 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 N Grindley N Manner
Harbin Y Harris
YHart N Heard N Heckstall N Hegstrom N Hembree N Henson N Holland N Holmes N Howard
Hudson

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

N Parham Parrish
N 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 Y 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

On the adoption of the amendment, the ayes were 43, nays 123. The amendment was lost.

The following amendment was read:

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

1948

JOURNAL OF THE HOUSE,

Representative Bannister of the 77th moves to amend the Committee substitute to SB 286 as follows:
Page 5, line 18 after the word fund delete the following:
'established prior to July 1, 1995,' and insert: "which has received a certificate of authority prior to Jan. 1, 1995.

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 N Birdsong N Bordeaux N Bostick N Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J N Brush NBuck N Buckner YBunn N Burkhalter NByrd N Campbell
N Canty N Carter N Chambless N Channel! N Childers N Coker Y Coleman, B
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
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 N Grindley N Hanner N Harbin Y Harris YHart 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
Jenkins Y Johnson, G Y Johnson,J N Johnston
Jones Y Joyce YKaye N Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence NLee N Lewis
Y Lifsey NLord
Lucas Y Maddox N Mann 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 N Poston N Powell N Purcell, A N Purcell, B N Randall N Randolph
YRay N Reaves N Reichert Y 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

On the adoption of the amendment, the ayes were 48, nays 121. The amendment was lost.

N 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
Teague NTeper N Thomas N Tillman N Titus N Towery N Trense N Turnquest YTwiggs N Walker, L Y Walker, R.L Y Wall
Watson N Watts Y Westmorland N Whitaker N White N Wiles Y 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 SB 286 as follows:
Page 5 - Section 2 delete in its entirety and renumber following Sections accordingly.

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 N Birdsong N Bordeaux

N Bostick N Breedlove
Brooks, D N Brooks, T

Brown, G Y Brown, J N Brush
NBuck

MONDAY, MARCH 13, 1995

1949

N Buckner N Bunn N Burkhalter
NByrd N Campbell N Canty N Carter N Chambless N Channell N Childers
N Coker Y Coleman, B N Coleman, T N Connell NCox Y Crawford
N Crews N Culbreth N Cummings
Davis, G Davis, M NDay N DeLoach, B N DeLoach, G YDix N Dixon, H
N Dixon, S
N Dobbs N Ehrhart N Epps Y Evans Y Falls

N Felton N Floyd N Godbee N Golden Y Goodwin N Greene N Grindley N Hanner N Harbin N Harris NHart N Heard
Heckstall N Hegstrom
N Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley N Irvin N James N Jamieson
Jenkins Y Johnson, G Y Johnson, J N Johnston
Jones N Joyce NKaye N Kinnamon

N Klein NLadd Y Lakly NLane N Lawrence NLee N Lewis Y Lifsey NLord
Lucas Y Maddox NMann N 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 N Parham N Parrish N Parsons N Pelote N Perry
Pinholster N Polak N Porter

N Poston
N Powell N Purcell, A N Purcell, B N Randall N Randolph
Ray N Reaves N Reichert Y Roberts N Rogers
N Royal Y Sanders N Sauder N Scoggins N Shanahan NShaw
N Shernll
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
Snow

On the adoption of the amendment, the ayes were 22, nays 142. The amendment was lost.

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
Twiggs N Walker, L Y Walker, R.L Y Wall
Watson N Watts Y Westmorland N Whitaker N White N Wiles N Williams, B N Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

Y Ashe Y 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 Y Brown, G Y Brown, J Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter
YByrd Y Campbell
Canty Y Carter Y Chambless

Y Channell 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 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 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
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
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

1950

JOURNAL OF THE HOUSE,

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 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 170, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

Representative Smith of the 109th moved that the House reconsider its action in agreeing to the Senate substitute to the following Bill of the House:

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 motion prevailed.

Representative Smith of the 109th moved that the House disagree to the Senate sub stitute to HB 399.
The motion prevailed.

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following bill of the Senate:

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.

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

Mr. Speaker:
Your Committee on Defense & Veterans Affairs has had under consideration the fol lowing Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 247 Do Pass, by Substitute

MONDAY, MARCH 13, 1995

1951

Respectfully submitted, /s/ Birdsong of the 123rd
Chairman

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

Mr. Speaker:

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

SB 179 Do Pass SB 361 Do Pass

SB 377 Do Pass SB 400 Do Pass

Respectfully submitted, /s/ Watson of the 139th
Chairman

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

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.

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 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; to provide for removal and filling vacancies on such council; to provide for the organization, purposes, powers, and duties of such council; to provide for designation, approval, powers, duties, and purposes of community partner ship organizations; to provide for comprehensive plans of such organizations and condi tions for approval thereof; to provide for accountability, reports, and audits of such organizations and for appropriations of public funds thereto; to repeal conflicting laws; and for other purposes.
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 adding immediately following Article 11 thereof a new article to read as follows:
"ARTICLE 12
49-5-250.

1952

JOURNAL OF THE HOUSE,

This article shall be known and may be cited as the 'Georgia Policy Council for Children and Families Act.'
49-5-251. (a) The General Assembly finds that the time has come to take bold action on behalf of our children. Georgia cannot afford the staggering human and financial costs associ ated with teenage pregnancy, child abuse and neglect, juvenile crime, low birth weight babies, and poor school performance. The consequences of these problems are that many children will continue to do poorly in school or drop out altogether, suffer costly emo tional and physical health problems, end up in jail, and grow up ill-equipped to assume responsibility as productive citizens. (b) The General Assembly further finds that many state and federal programs estab lished to address these problems have not been effective because there is a fundamental mismatch between what is known to improve results for children and families and cur rent government programs. Services are categorically driven by a maze of federal and state authorized programs and there is no clear focus on results. Despite the poor results, fragmentation, and lack of accountability for results, the General Assembly finds that there is reason for hope and optimism. An impressive range of innovative efforts has been initiated across the state. These efforts include: The Family Connection, The Children's Initiative, The Georgia Partnership for Excellence in Education, The Gover nor's Voluntary Pre-Kindergarten Program, Georgia Cities In Schools, Healthy Families Georgia, and the CrossRoads Alternative School Program. The General Assembly finds that a new vision is needed for children and families that seeks to achieve five important goals: improved child health, improved child development, improved family functioning, improved school performance, and improved family economic capacity. By passage of this article the state will adopt a framework for improving results that advances Georgia's successful initiatives, responds to the public's demand for results, increases the authority and responsibility of communities, streamlines government for citizens, optimizes current financial resources, creates a single point of accountability, and injects sound business principles.
49-5-252. As used in this article, the term:
(1) 'Community partnership' means any community partnership organization desig nated under Code Section 49-5-257. (2) 'Council' means the Georgia Policy Council for Children and Families created under Code Section 49-5-253. (3) 'Local plan' means the plan established by a community partnership under Code Section 49-5-260. (4) 'Organization' means an organization which is exempt from federal taxation pursu ant to Section 501 (c) (3) of the Internal Revenue Code, as such code is defined in Code Section 48-1-2 or a state or local authority or instrumentality created by general or local law. (5) 'State plan' means the comprehensive plan established by the council under Code Section 49-5-254 for coordinating services to children and families.
49-5-253. (a) There is created the Georgia Policy Council for Children and Families. The council shall be assigned to the Office of Planning and Budget for administrative purposes only. (b) The council shall consist of 19 members. Six members of the council shall be appointed by the Governor. Two of such appointees shall be business leaders in the state, one of such appointees shall be an elected member of the governing body of a county, one of such appointees shall be an elected member of the governing body of a municipality, and two of such appointees shall be nongovernmental community leaders or advocates for children and families. The Governor shall designate the initial terms of office of each of such Governor's appointees so that three have terms of office of two years and three have terms of office of three years.

MONDAY, MARCH 13, 1995

1953

(c) Four members of the council shall be appointed by the Lieutenant Governor, two of whom shall be business leaders in the state and two of whom shall be nongovernmen tal community leaders or advocates for children and families. The Lieutenant Governor shall designate the initial terms of office of each of such appointees so that two have terms of office of two years and two have terms of office of three years. (d) Four members of the council shall be appointed by the Speaker of the House of Representatives, two of whom shall be business leaders in the state and two of whom shall be nongovernmental community leaders or advocates for children and families. The Speaker of the House of Representatives shall designate the initial terms of office of each of such appointees so that two have terms of office of two years and two have terms of office of three years. (e) Five members of the council shall be ex officio members as follows: the State School Superintendent, the commissioner of human resources, the commissioner of medical assistance, the commissioner of children and youth services, and the director of the Office of Planning and Budget. If additional state agencies are created by the General Assembly whose primary mission is to serve children and families, the total number on the council and the number of ex officio members is authorized to increase respectively. (f) After the expiration of the initial terms of office specified in subsections (b), (c), and (d) of this Code section, members appointed to the council pursuant to those subsections shall serve for three-year terms of office, except that any elected official appointed to the council by the Governor shall serve for such term on the council only while serving as such official. Otherwise, members shall serve for the terms of office specified in this Code section and until their respective successors are appointed and qualified. Ex officio members of the council shall serve on the council only while holding the office by virtue of which they have membership on the council. (g) The Governor, Lieutenant Governor, and Speaker of the House of Representatives may remove any member of the council appointed thereto by that respective officer for incompetence, neglect of duty, or failing to attend at least 75 percent of the meetings of the council in any year. Vacancies in office shall be filled for the unexpired term thereof in the same manner as the original appointment. (h) The Governor shall name one of the Governor's appointees to the council as chair person of the council to serve a term of two years and until a successor is appointed by the Governor and qualified.
49-5-254. The council is created for the following purposes:
(1) To define the core results to be achieved by state agencies and communities and to collect and analyze data to measure progress toward reaching such core results; (2) To develop and adopt, and from time to time amend, a comprehensive state plan which coordinates the services of public and private agencies and incorporates those state plans from any agency, council, commission, board, or advisory committee as required by law so as to deal more effectively with the problems of children, youth, and families in this state; (3) To coordinate, evaluate, and provide services and assistance in implementing and carrying out the comprehensive state plan developed by the council under paragraph (2) of this Code section; (4) To initiate appropriate requests for changes to be made in state or federal laws, regulations, and systems necessary or desirable to carry out the comprehensive state plan; (5) To review, comment upon, and approve or disapprove strategic plans of commu nity partnerships and state agencies which plans are designed to implement the com prehensive state plan; and (6) To provide leadership training, technical assistance, and information to commu nity partnerships and state partners in order to assist them in implementing their strategic plans.
49-5-255.

1954

JOURNAL OF THE HOUSE,

In order to carry out its purposes under Code Section 49-5-254, the council shall have the following powers and duties:
(1) 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; (2) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from this state or any agency, instrumental ity, or political subdivision thereof or from the United States government or any agency or instrumentality thereof; (3) To select, appoint, and employ professional, administrative, clerical, or other per sonnel and to contract for professional or other services and to allow suitable compen sation for such personnel and services within the appropriations or other funds available to the council; (4) To the extent that a contract between the council and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the council; (5) To recommend to the Governor budget unit object class transfers within and between the agencies which have ex officio members upon the council, other than the Office of Planning and Budget, necessary or desirable in order better to achieve the purposes of the comprehensive state plan; (6) To request that the agencies which have ex officio members upon the council, other than the Office of Planning and Budget, apply to the appropriate federal agen cies for regulatory changes and waivers necessary or desirable in order better to achieve the purposes of the comprehensive state plan; (7) To sponsor changes and waivers regarding the regulations of agencies, other than the Office of Planning and Budget, which have ex officio members on the council in order better to achieve the purposes of the state plan; (8) To make contracts and to execute all instruments necessary or convenient to accomplish the purposes of the council; (9) To require requests for proposals for selection as fully operational community partnerships and to select from the proposals submitted those community partner ships which will take part in implementation of this article; and (10) To do all things necessary or convenient to carry out the powers and purposes of the council as expressly provided in this article.
49-5-256. Members of the council shall receive no compensation for serving on the council but may be reimbursed, from funds appropriated or otherwise available to the council, for actual and necessary expenses incurred by them in carrying out their official duties in an amount not to exceed the daily expense and travel allowance authorized for members of the General Assembly under Code Section 28-1-8. Ex officio members of the council shall receive no compensation for serving on the council but may receive the expense allowance provided for state employees for expenses incurred in carrying out their offi
cial duties on the council.
49-5-257. (a) Community partnerships will be designated by local government and the council to provide authority and responsibility for achieving measurable results, including develop ment of the comprehensive plans and implementing innovative approaches to state and federal budget and policy barriers. The governing authority of any county and the gov erning authority of the largest municipality having its legal situs in such county, accord ing to the United States decennial census of 1990 or any future such census, by proper resolution may designate for that county a single organization as the proposed commu nity partnership organization for that county. Only an organization designated by such resolutions shall be authorized to submit to the council for approval a comprehensive plan under paragraph (2) of Code Section 49-5-260. A county or municipality designat ing a community partnership as provided in this subsection or contracting with a com munity partnership to provide services which the partnership is authorized to provide

MONDAY, MARCH 13, 1995

1955

under this article shall be immune from civil and criminal liability for such designation and for any services so provided. (b) Until July 1, 1996, no more than ten proposed community partnerships shall have their comprehensive plans approved under subsection (a) of this Code section. Such approval shall authorize the organization which submits such plan to act as the commu nity partnership organization for the designating county.
49-5-258. The council shall not approve a comprehensive plan submitted by any proposed commu nity partnership organization for a county unless the governing body of that organization is composed of residents of that county who represent at a minimum local elected offi cials of governing bodies in that county, persons in the business community in that county, public agencies in that county under the state departments which have ex officio members upon the council, other that the Office of Planning and Budget, boards of civic organizations and private social services providers in that county, and advocates for chil dren and families in that county.
49-5-259. The council shall not approve a comprehensive plan submitted by a proposed commu nity partnership organization unless the bylaws of such organization provide for terms of office and succession of members of the organization's governing body, manner of selecting officers of that governing body and the terms and powers of such officers, quo rum, minimum meeting schedule, reporting and financial audits, and compensation or reimbursement of members of that governing body and unless the organization has at least the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the community partnership shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with its property and other assets of the community partnership; (4) To make contracts and to execute all instruments necessary or convenient in con nection therewith; (5) 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 community partnership may deem necessary or expedient in facilitating its business; (6) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from this state or any agency, instrumental ity, or political subdivision thereof or from the United States or any agency or instru mentality thereof; (7) To select, appoint, and employ professional, administrative, clerical, or other per sonnel and to contract for professional or other services and to allow suitable compen sation for such personnel and services; and (8) To do all things necessary or convenient to carry out the powers and purposes of the community partnership which are expressly provided for in this article.
49-5-260. Each community partnership is created for the following purposes:
(1) To achieve a core set of results defined jointly by the community partnership and council; (2) To develop, adopt, submit to the council for approval, and from time to time amend, a comprehensive plan for public and private agencies to deal effectively with the problems of children, youth, and families in the county for which the community partnership was created in order to achieve the objectives described in Code Section 49-5-251;

1956

JOURNAL OP THE HOUSE,

(3) To coordinate, evaluate, and provide services and assistance in implementing and carrying out the comprehensive plan developed by the community partnership under paragraph (2) of this Code section; and (4) To contract with public and private agencies for the purposes of paragraphs (2) and (3) of this Code section and for such public and private agencies to provide pro grams and services for children, youth, and families in order to carry out the provi sions of the comprehensive plan developed by the community partnership under paragraph (2) of this Code section.
49-5-261. To the extent that a contract entered into pursuant to the provisions of Code Section 49-5-260 provides therefor, each community partnership shall have the power to provide such services for children, youth, and families on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by that community partnership under paragraph (2) of Code Section 49-5-260.
49-5-262. In addition to any other powers and duties provided for by this article, each community partnership shall have the following powers and duties:
(1) To exercise the power provided by Code Section 45-9-1 to procure policies of lia bility insurance or contracts of indemnity or to formulate sound programs of self-in surance to insure or indemnify members of the community partnership and its officers and employees against personal liability for damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from such liability; and (2) To the extent that a contract between the community partnership and a public or private agency provides therefor, to act as an agent for such public or private agency in any matter coming within the purposes or powers of the community part nership.
49-5-263. The members of each community partnership shall be accountable in all respects as trustees. Each community partnership shall keep suitable and proper books and records of all receipts, income, and expenditures of every kind and shall provide for an annual independent audit of income and expenditures. Each community partnership shall pre pare and submit to the governing bodies by which it was designated an annual report at the end of each fiscal year or calendar year of such community partnership outlining the work of such community partnership and furnishing to such bodies a copy of its most recent annual independent audit of income and expenditures.
49-5-264. Because each community partnership will be performing valuable charitable and public functions and purposes in the exercise of the powers conferred upon it, the state and any county or municipality thereof may appropriate public funds to such partnership."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Hembree of the 98th moves to amend the Committee substitute to SB 256 as follows:
Page 5 - line 26 replace the word "shall" with the word "may".

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

MONDAY, MARCH 13, 1995

1957

N Ashe 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 N Brown, G Y Brown, J
Y Brush YBuck N Buckner
Y Bunn Y Burkhalter
YByrd N Campbell
N Canty
N Carter
N Chambless
N Channell
Childers
Y Coker Y Coleman, B
Coleman, T Connell NCox Y Crawford

Y Crews Y 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
NEpps Y Evans
Y Falls N Felton N Floyd NGodbee N Golden Y Goodwin N Greene Y Grindley N Manner
Y Harbin
Y Harris NHart N Heard N Heckatall N Hegstrom Y Hembree N Henson
Holland N Holmes N Howard N Hudson

N Hugley
N Irvin N Jamea
Jamieson Jenkins Y Johnson, G Y Johnson, J Y Johnston Jones
Y Joyce YKaye N Kinnamon Y Klein
YLadd Y Lakly
YLane N Lawrence
Lee 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
Y Moaley Y Mueller N O'Neal
N Orrock

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

On the adoption of the amendment, the ayes were 69, nays 88. The amendment was lost.

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

The following amendment was read:

Representative Davis of the 60th moves to amend the Committee substitute to SB 256 as follows:
By removing lines 35 through 37 on page 6 and renumber accordingly.

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

N Ashe Bailey
N Baker 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 Brooka, T N Brown, G Y Brown, J Y Brush YBuck N Buckner

YBunn Y Burkhalter
NByrd N Campbell N Canty Y Carter N Chambless Y Channell
Childers Y Coker Y Coleman, B
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 YDix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart
N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harria NHart

N Heard N Heckstall N Hegstrom Y Hembree N Henson
Holland N Holmes N Howard N Hudson N Hugley N Irvin N James
Jamieson Jenkins
Y Johnson, G Y Johnson, J Y Johnston
Jonea Y Joyce YKaye N Kinnamon

Y Klein YLadd Y Lakly YLane N Lawrence
Lee YLewia Y Lifsey
NLord N Lucas Y Maddox YMann
N Martin N McBee Y McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, J N Mosley

1958

JOURNAL OF THE HOUSE,

Y Mueller N O'Neal N Orrock
Parham Parrish Y Parsons N Pelote Perry Y Pinholster N Polak N Porter N Poston Y Powell N Purcell, A N Purcell, B

N Randall N Randolph YRay N Reaves N Reichert N Roberts
N Royal Y Sanders Y Sauder N Scoggins N Shanahan
Shaw N Sherrill Y Shipp

N Simpson N Sinkfield N Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y 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 Y Streat N Taylor N Teague N Teper N Thomas
Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs

Walker, L Y Walker, R.L YWall N Watson
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 76, nays 83. The amendment was lost.

Representative Davis of the 60th moved that the House reconsider its action in failing to adopt the Davis amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe 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 Y Brown, G Y Brown, J Y Brush
YBuck N Buckner Y Bunn Y Burkhalter
YByrd Y Campbell N Canty N Carter N Chambless Y Channel!
Childers Y Coker Y Coleman, B
Coleman, T N Connell
NCox Y Crawford

Y Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M
YDay N DeLoach, B Y 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 Y Goodwin N Greene Y Grindley N Hanner Y Harbin Y Harris
NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson
Holland N Holmes N Howard
N Hudson

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

On the motion, the ayes were 75, nays 85. The motion was lost.

Parham Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston Powell Purcell, A N Purcell, B
N 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 Sinkfield
N Skipper N Smith, C Y Smith, C.W
Smith, L N Smith, P Y Smith, T Y 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 Y Streat N Taylor N Teague N Teper N Thomas
Tillman Y Titus Y Towery Y Trense N Turnquest Y Twiggs
Walker, L Y Walker, R.L
Y Wall N Watson
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 Brush of the 112th moves to amend the Committee substitute to SB 256 as follows:

MONDAY, MARCH 13, 1995

1959

Delete on pg 5 line 16 after upon, 'and approve or disapprove".

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

NAshe Bailey
N Baker Y Bannister N Barfoot N Bargeron Y Barnard Y Barries N Bates N Benefield N Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush NBuck N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless N Channel!
Childers Y Coker Y Coleman, B
Coleman, T N Connell NCox Y Crawford

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

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

Smith, W NSmyre Y Snelling N Snow N Stallings N Stancil, F Y Stancil, S N Stanley, L
Stanley, P N Stephenson Y Streat N Taylor NTeague NTeper N Thomas N Tillman Y Titus Y Towery
Y Trense N Turnquest
Twiggs 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 Y Williams, R Y Woods Y Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 71, nays 90. The amendment was lost.

The following amendment was read:

Representative Crews of the 78th moves to amend the Committee substitute to SB 256 as follows:
On p. 10, line 42, after the period, insert:
"However, all state funding will cease on June 30, 1997. The Council may continue to function through private contributions."

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 N Bates

N Benefield N Birdsong N Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J

Y Brush YBuck Y Buckner
Y Bunn Y Burkhalter YByrd Y Campbell
N Canty Y Carter

N Chambless N Channell
Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox Y Crawford

Y Crews
Y Culbreth Y Cummings N Davis, G Y Davis, M
YDay N DeLoach, B Y DeLoach, G YDix

1960

JOURNAL OF THE HOUSE,

N Dixon, H N Dixon, S N Dobbs Y Ehrhart
N Epps Y Evans Y Falls N Felton N Floyd N Godbee Y Golden N Goodwin N Greene Y Grindley Y Manner Y Harbin Y Harris YHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes Y Howard
N Hudson

N Hugley Ylrvin N James
Jamieson Jenkins Y Johnson, G Y Johnson, J Y Johnston Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence Lee Y Lewis Y Lifsey NLord N Lucas Y Maddox YMann N Martin N McBee McCall

N McClinton McKinney
Y Mills N Mobley, B N Mobley, J Y Mosley Y Mueller N O'Neal N Orrock
Par ham Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak N Porter Y Poston Powell N Purcell, A N Purcell, B N Randall N Randolph
Ray N Reaves Y 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
Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W
NSmyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S Y Stanley, L
Stanley, P

On the adoption of the amendment, the ayes were 87, nays 75. The amendment was adopted.

Y Stephenson Y Streat N Taylor N Teague NTeper N Thomas
Tillman Y Titus Y Towery Y Trense N Turnquest N Twiggs
Walker, L Y Walker, R.L Y Wall N Watson
Watts Y Westmoreland Y 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 adopted:

Representative Crews of the 78th moves to amend the Committee substitute to SB 256 by adding after the semicolon on line 6 of page 1 the following:
"to provide for open meetings;".
By adding between lines 37 and 38 of page 4 the following:
"(i) The council shall be an agency, as defined in subparagraph (a)(l)(A) of Code Sec tion 50-14-1, for purposes of compliance with the requirements of Chapter 14 of Title 50, which chapter relates to open meetings."

The following amendment was read:

Representative Ladd of the 59th moves to amend the Committee substitute to SB 256 as follows:
Page 3, line 16, insert after the word "members", insert ", and all appointed members shall be or have been parents".
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 Y Barnes N Bates N Benefield N Birdsong

N Bordeaux Bostick
Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush NBuck Y Buckner YBunn

N Burkhalter
NByrd N Campbell
N Canty N Carter N Chambless N Channel!
Childers Y Coker Y Coleman, B Y Coleman, T

N Connell NCox Y Crawford Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G

YDix Y Dixon, H N Dixon, S N Dobbs N Ehrhart NEpps Y Evans Y Falls N Felton N Floyd N God bee

MONDAY, MARCH 13, 1995

1961

N Golden Y Goodwin
Greene Y Grindley Y Manner Y Harbin Y Harris N Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson Y Holland N Holmes N Howard N Hudson N Hugley N Irvin N James
Jamieson Jenkins
Y Johnson, G Y Johnson, J Y Johnston

Jones Y Joyce Y Kaye N Kinnamon Y Klein Y Ladd Y Lakly Y Lane N Lawrence
Lee Y Lewis Y Lifsey N Lord N Lucas Y Maddox Y Mann N Martin N McBee Y McCall
McClinton McKinney Y Mills
N Mobley, B N Mobley, J N Mosley

Y Mueller N O'Neal N Orrock
Parham Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak N Porter N Poston Powell N Purcell, A Y Purcell, B N Randall N Randolph Y Ray N Reaves N Reichert N Roberts Y Rogers
N Royal N Sanders Y Sauder

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

On the adoption of the amendment, the ayes were 70, nays 91. The amendment was lost.

N Taylor N Teague N Teper N Thomas
Tillman Y Titus Y Towery N Trense N Turnquest N Twiggs
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 Y Williams, R
Y Woods N Yates
Murphy, Spkr

The following amendments were read and adopted:

Representative Bordeaux of the 151st moves to amend the Committee substitute to SB 256 as follows:
By changing on page 8 line 5 the word "that" to the word "than".

Representatives Trense of the 44th and Bordeaux of the 151st move to amend the Com mittee substitute to SB 256 as follows:
By deleting on page 2 line 16 beginning with the word "An" through line 23 ending with "Program."

The following amendment was read and withdrawn:

Representative Snelling of the 99th moves to amend the Committee substitute to SB 256 as follows:
Page 3, Line 24 after the word "families." insert
"One of such appointees will be a recognized active member of the religious commu nity."
Page 3, Line 31 after the word "families."
insert
"One of such appointees will be a recognized active member of the religious commu nity."
Page 3, Line 40 after the word "families."
insert
"One of such appointees will be a recognized active member of the religious commu nity."

1962

JOURNAL OF THE HOUSE,

Page 8, Line 7, delete the word "and" Page 8, Line 8 after the word "county"
insert ", and members of the local religious community."

The following amendment was read:

Representative Mueller of the 152nd moves to amend the Committee substitute to SB 256 as follows:
Pg. 11 delete Sec. 2 and add, This Council will sunset Dec. 31, 2000
Add Sec. 2 after the sunset clause.

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 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 YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
N Canty Carter
N Chambless Y Channell Y Childers Y Coker Y Coleman, B N Coleman, T N Connell NCox Y Crawford

Y Crews Y Culbreth Y 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 NEpps Y Evans Y Falls Y Felton N Floyd NGodbee 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 Ylrvin N James N Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord N Lucas Y Maddox YMann N Martin N McBee Y McCall N McClinton
McKinney Y Mills N Mobley, B N Mobley, J N Mosley Y Mueller N O'Neal N Orrock

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

On the adoption of the amendment, the ayes were 90, nays 75. The amendment was adopted.

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

The Committee substitute, as amended, was adopted.

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

MONDAY, MARCH 13, 1995

1963

Y Ashe Y 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 N Brooks, D Y Brooks, T N Brown, G N Brown, J N Brush NBuck Y Buckner N Bunn N Burkhalter NByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell N Guilders N Coker N Coleman, B
Coleman, T Y Connell YCox N Crawford

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

Y Hugley Ylrvin Y James Y Jamieson
Jenkins N Johnson, G N Johnson, J N Johnston
Jones N Joyce NKaye N Kinnamon N Klein NLadd N Lakly NLane Y Lawrence
Lee N Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills Y Mobley, B N Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

Parham N Parrish N Parsons Y Pelote N Perry N 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 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 N Smith, P N Smith, T N Smith, V

N Smith, W Y Smyre Y Snelling NSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus Y Towery Y Trense Y Turnquest Y Twiggs
Walker, L
N Walker, R.L N Wall Y Watson
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 passage of the Bill, by substitute, as amended, the ayes were 102, nays 66.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

SB 375. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources may 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.

The following amendment was read and adopted:

Representative Dobbs of the 92nd and Twiggs of the 8th move to amend SB 375 as fol lows:
On page 5, line 5 strike the word "waters" and replace with the word "streams".

The following amendment was read:

Representative Hanner of the 159th moves to amend SB 375 by inserting on line 17 on page 1, immediately following the word and symbol "action;", the following:

1964

JOURNAL OF THE HOUSE,

"to provide for buffers along certain trout streams for single-family home construction; to provide an effective date;"
By striking lines 40 and 41 on page 6 and inserting in lieu thereof the following:
"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 Chapter 7 of Title 12, 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 subsection (b) of Code Section 12-7-6. For single-family residence construction covered by the provisions of this para graph, there shall be a buffer zone between the residence and any state waters classi fied as trout streams pursuant to Article 2 of Chapter 5 of this title. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizon tal feet, and no variance to a smaller buffer shall be granted. The minimum require ments of subsection (b) of Code Section 12-7-6 and the buffer zones provided by this paragraph and that sack requirements shall be enforced by the issuing authority;'
SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.".

The following amendment was read and adopted:

Representative Dobbs of the 92nd moves to amend the Hanner amendment to SB 375 as follows:
By striking on line 17, page 1 the words "larger project" and insert in their place the words "platted subdivision, a planned community, or an association of other residential lots consisting of more than two lots".

The Hanner amendment, as amended, was adopted.

The following amendment was read:

Representative Breedlove of the 85th moves to amend SB 375 as follows:
Page 2 line 42 add:
For the purpose of this section waters shall mean those waters that flow in excess of 5cfs.

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

MONDAY, MARCH 13, 1995

1965

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

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

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

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

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

On the adoption of the amendment, the ayes were 68, nays 89. The amendment was lost.

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

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
Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner
N Bunn
N Burkhalter YByrd N 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 NDay Y DeLoach, B Y DeLoach, G
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 Hanner Y Harbin
Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
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 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

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
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp

1966

JOURNAL OF THE HOUSE,

Y Simpson Sinkfield
Y Skipper 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 Y Stanley, P

Y Stephenson Y Streat Y Taylor Y Teague N Teper Y Thomas Y Tillman Y Titus Y Towery

Y Trense Turnquest
Y Twiggs 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 passage of the Bill, as amended, the ayes were 154, nays 6.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

By unanimous consent, further consideration of SB 129 was postponed until Tuesday, March 14, 1995.

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.

The following Committee substitute was read:

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 admissible through the testimony of such other person under certain circumstances; 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 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, is amended by striking in its entirety Code Section 24-3-16, relating to the admissibility of testimony as to a child's description of sexual con duct or physical abuse, and inserting in lieu thereof the following:
"24-3-16. A statement made by a child under the age of 14 years describing any act of sexual con tact or physical abuse performed with or on the child by another or performed with or on another child, in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceed ings and the court finds that the circumstances of the statement provide sufficient indi cia of reliability."
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 in all tribunals and trials initiated prior to, on, or subsequent to such date.

MONDAY, MARCH 13, 1995

1967

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

The following amendment was read:

Representative Martin of the 47th, et al. move to amend the Committee substitute to SB 124 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to provide that certain".
By inserting on line 6 on page 1, immediately following the word and symbol "circum stances;", the following:
"to provide that certain admissions and communications between an attorney employed by a state agency and employees of such agency shall be excluded; to provide for".
By striking lines 11 through 13 on page 1 and inserting in lieu thereof the following:
"Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking in its entirety Code".
By inserting immediately following line 26 on page 1 the following:
"SECTION 2.
Said title is further amended by striking in its entirety Code Section 24-9-21, relating to the confidentiality of certain communications, and inserting in lieu thereof the following:
'24-9-21.
(a) There are certain admissions and communications excluded on grounds of public policy. Among these are:
(1) Communications between husband and wife;
(2) Communications between attorney and client;
(3) Communications among grand jurors;
(4) Secrets of state; and
(5) Communications between psychiatrist and patient.
(b) Without limiting the scope of paragraph (2) of subsection (a) of this Code section, admissions and communications between an individual who is a member of the State Bar of Georgia who is employed by a state agency and employees of such agency in the course of providing legal services to such agency are excluded on the grounds of public policy to the same extent as communications between the Attorney General and employ ees of state agencies are excluded.'"
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

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

N Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard N Barnes

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

Y Brown, G N Brown, J N Brush Y Buck Y Buckner N Bunn N Burkhalter Y Byrd

N Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers N Coker N Coleman, B

Y Coleman, T Y Connell Y Coi N Crawford E Crews Y Culbreth Y Cummings Y Davis, G

1968

JOURNAL OF THE HOUSE,

N Davis, M
NDay DeLoach, B
N DeLoach, G Dix Dixon, H
Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans N Falls N Felton Y Floyd Y Godbee
Golden Good win Y Greene N Grindley Y Hanner Y Harbin N Harris
NHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson

Y Holland Y Holmes Y Howard Y Hudson Y Hugley N Irvin Y James
Jamieson Y Jenkins N Johnson, G Y Johnson, J N Johnston Y Jones N Joyce NKaye
Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox NMann

Y Martin Y McBee Y McCall Y McClinton Y McKinney N Mills N Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock
Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak N 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 N Sauder Y Scoggins N Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W
Smith, L N Smith, P
Smith, T N Smith, V
Smith, W Y Smyre N Snelling YSnow Y Stallings Y Stancil, F N Stancil, S Y Stanley, L

On the adoption of the amendment, the ayes were 94, nays 67. The amendment was adopted.

Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague NTeper
Thomas Y Tillman N Titus
Towery N Trense
Turnquest Y Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmoreland N Whitaker Y White N Wiles N Williams, B N Williams, J
Williams, R N Woods N Yates
Murphy, Spkr

Due to a mechanical malfunction, the vote of Representative Williams of the 114th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Pinholster of the 15th moved that SB 124 and all amendments be placed upon the table.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey N Baker
Bannister N Barfoot N Bargeron Y Barnard Y Barnes N Bates N Benefield
N Birdsong 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 N Canty N Carter N Chambless N Channell N Childers Y Coker

Y Coleman, B N Coleman, T N Connell NCox N Crawford E Crews N Culbreth N Cummings N Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G
Dix Dixon, H Dixon, S N Dobbs Y Ehrhart NEpps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden 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
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 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
Parham N Parrish Y 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
NRay N Reaves

Y 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
Smith, T Y Smith, V
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

MONDAY, MARCH 13, 1995

N Taylor N Teague YTeper
Thomas N Tillman

N Titus Towery
Y Trense 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

On the motion, the ayes were 60, nays 104. The motion was lost.

1969
Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

The Committee substitute, as amended, was adopted.

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

N Ashe Y Bailey Y Baker N Bannister Y Barfoot Y Bargeron N Barnard N Barnes Y Bates Y Benefield
Y Birdsong Bordeaux Bostick
N Breedlove 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 Y Channell Y Childers Y Coker N Coleman, B Y Coleman, T Y Connell YCox N Crawford

E Crews Y Culbreth Y Cummings Y Davis, G N Davis, M NDay
DeLoach, B N DeLoach, G
Dix Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans Falls N Felton Y Floyd Y Godbee Y Golden Goodwin Y Greene N 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 NIrvin Y James
Jamieson Y Jenkins N Johnson, G Y Johnson,J N Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox NMann Y Martin Y McBee
McCall Y McClinton
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 Y Perry N Pinholster YPolak N Porter N Poston Y Powell Y Purceil, A Y Purceil, B Y Randall Y Randolph
YRay Y Reaves N 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 N Smith, C N Smith, C.W Y Smith, L Y Smith, P
Smith, T N Smith, V

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 Y Taylor Y Teague NTeper
Thomas Y Tillman Y Titus
Towery N Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmoreland 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, as amended, the ayes were 108, nays 54.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following bill of the Senate:

1970

JOURNAL OF THE HOUSE,

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.

The Senate insists on its substitute to the following bills of the House:

HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others:
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.

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.

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.

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

TUESDAY, MARCH 14, 1995

1971

Representative Hall, Atlanta, Georgia Tuesday, March 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:

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

Cox
Culbreth Cummings Davis, M Day
DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dobbs Epps Evans Felton Godbee Golden Greene Grindley Harbin
Harris
Heard Heckstall Hegstrom Hembree Henson Holland

Holmes Hudson Hugley James Johnson, G Johnson, J Johnston Kaye
Kinnamon
Ladd Lakly Lane Lee Lewis Lifsey Lord Maddox Mann Martin McBee McCall McClinton Mills Mobley, J Mosley O'Neal

Parsons Pelote Perry Pinholster Polak Postal Powell Purcell, A Purcell, B Randolph Ray Reichert Rogers
Royal
Sanders
Sauder Scoggins
Shanahan
Shaw
Shipp
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P

Smith, T Smith, V Snelling S tailings Stancil, F Stancil, S Stephenson Taylor Tillman Titus
Towery Twiggs Walker, R.L
Wall
Watson
Watts
Westmoreland 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 Jenkins of the 110th, Ashe of the 46th, Trense of the 44th, Sherrill of the 62nd, Randall of the 127th, Sinkfield of the 57th, Klein of the 39th, Lawrence of the 64th, Bannister of the 77th, Mobley of the 69th, Joyce of the 1st, Crawford of the 129th, McKinney of the 51st, Williams of the 83rd, Parrish of the 144th, Teper of the 61st, Bordeaux of the 151st, Smyre of the 136th, Hanner of the 159th, Bates of the 179th, Simpson of the 101st, Davis of the 48th, Stanley of the 49th, Smith of the 174th, Falls of the 125th, Jamieson of the 22nd, Stanley of the 50th, Crews of the 78th, Floyd of the 138th, Orrock of the 56th, Howard of the 118th, Hart of the 116th, Parham of the 122nd, Thomas of the 148th, Jones of the 71st, Lucas of the 124th, Ehrhart of the 36th, Barnes of the 33rd and Porter of the 143rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Furman B. Lewis, Clarkesville, 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.

1972

JOURNAL OF THE HOUSE,

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

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

HB 1045. By Representatives Williams of the 83rd, Whitaker of the 7th, Ehrhart of the 36th and Day of the 153rd:
A bill to amend Chapter 7 of Title 52 of the Official Code of Georgia Anno tated, relating to registration, operation, and sale of watercraft, so as to pro vide for certificates of title for certain vessels.
Referred to the Committee on Game, Fish & Parks.

HB 1046. By Representatives Cummings of the 27th, Murphy of the 18th, Buck of the 135th, Lee of the 94th, Coleman of the 142nd and others:
A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Anno tated, relative to the Employees' Retirement System of Georgia, so as to authorize up to five years of creditable service for certain part-time employ ment by the legislative branch of state government.
Referred to the Committee on Retirement.

HB 1047. By Representatives Cummings of the 27th and Twiggs of the 8th:
A bill to amend Code Section 47-17-80 of the Official Code of Georgia Anno tated, relating to retirement benefit options under the Peace Officers' Annu ity and Benefit Fund, so as to provide that the benefits retired members who are employed as a peace officer for less than an average of 40 hours a week shall not be affected.
Referred to the Committee on Retirement.

HB 1048. By Representatives Sherrill of the 62nd and Golden of the 177th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income for state income tax purposes, so as to provide for a reduction in such income with respect to certain amounts expended for certain long-term care insurance.
Referred to the Committee on Ways & Means.

HB 1049. By Representatives Sherrill of the 62nd and Smith of the 175th:
A bill to amend Code Section 48-7-27 of the Official Code of Georgia Anno tated, relating to the computation of Georgia taxable net income for state income tax purposes, so as to provide for a reduction in such income with respect to certain individual retirement account contributions.
Referred to the Committee on Ways & Means.

TUESDAY, MARCH 14, 1995

1973

HB 1057. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to change certain definitions; to authorize the cre ation of community improvement districts within the City of Lithia Springs.
Referred to the Committee on State Planning & Community Affairs - Local.

HR 537. By Representatives Cox of the 160th, Royal of the 164th, Coleman of the 142nd, Crawford of the 129th, Hart of the 116th and others:
A resolution creating the House Rural Hospital and Health Care Financing Study Committee.
Referred to the Committee on Rules.

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

HB 1033 HB 1034 HB 1035 HB 1036 HB 1037 HB 1038 HB 1039 HB 1040 HHBB 11004412
HB 1043
HB 1044
HB 1050
HB 1051
HB 1052
HB 1053
HB 1054
HB 1055

HB 1056 HR 531 HR 532 HR 533 HR 536 HR 545 SB 461 ID loo B TM **
46
bB 467
SB 468
SB 469
SB 470
SB 471
SB 472
SB 473

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

SB 9 Do Pass, by Substitute SB 68 Do Pass, by Substitute

SB 175 Do Pass SB 296 Do Pass

Respectfully submitted, Is/ Godbee of the 145th
Chairman

Representative Carter of the 166th District, Chairman of the Committee on Game, Fish & Parks, submitted the following report:

Mr. Speaker:

1974

JOURNAL OF THE HOUSE,

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 930 Do Pass
Respectfully submitted, /s/ 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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 233 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 Senate and has instructed me to report the same back to the House with the following recommendations:

SB 81 Do Pass, by Substitute SB 110 Do Pass, by Substitute SB 113 Do Pass, by Substitute SB 130 Do Pass SB 141 Do Pass, by Substitute SB 283 Do Pass, by Substitute

SB 284 Do Pass SB 316 Do Pass, by Substitute SB 347 Do Pass SB 359 Do Pass, by Substitute SB 420 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 32 Do Pass
Respectfully submitted, /s/ Hanner of the 159th
Chairman

TUESDAY, MARCH 14, 1995

1975

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 92 Do Pass HR 521 Do Pass HR 522 Do Pass

HR 530 Do Pass HR 536 Do Pass HR 545 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 Senate and has instructed me to report the same back to the House with the follow ing recommendations:
SB 406 Do Pass, by Substitute SB 446 Do Pass, by Substitute
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 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 215 Do Pass SB 216 Do Pass, by Substitute SB 310 Do Pass SB 343 Do Pass, by Substitute

SB 370 Do Pass, as Amended SB 387 Do Pass SB 415 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 Senate and has instructed me to report the same back to the House with the following recommendations:

1976

JOURNAL OF THE HOUSE,

HB 1002 Do Pass HB 1028 Do Pass HB 1029 Do Pass

HB 1031 Do Pass SB 450 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, MARCH 14, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 38th Legislative Day as enu merated below:
HR 439 Anti-litter pledge; urge elementary school program
SB 34 Drivers' Lic.,Those under 21 - valid until 21 SB 54 Educational Grants - charter schools SB 58 Firearm Possession - unlawful when under influence SB 93 Mental Illness - determining involuntary inpatient/outpatient care SB 115 Commission on Family Violence - entities represented SB 131 Cellular Phone Calls - unlawful interception, publishing SB 133 Cert. State Employees - political activities, contributions SB 170 Public Disclosure Exempt.- cert, locations of historic property SB 187 Llama Activities - civil liability limitation SB 193 Elections - qualifying for county offices in nonpartisan elections SB 257 Court Bailiffs - maximum compensation SB 305 Nonpublic Postsecondary Educ. Commission - relating to exec. dir. SB 320 Speed Limits - approval of Office of Traffic Operations SB 338 Tax Sales - nonjudicial tax foreclosure, in rem. tax foreclosure SB 353 Law Enf. Indemnification - cert. Nat'1 Guard regarding death, etc.
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 1002. By Representative Coleman of the 142nd: A bill to create the Heart of Georgia Regional Airport 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 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1029. By Representative Twiggs of the 8th:
A bill to amend an Act reincorporating the City of Blairsville in the County of Union, so as to deannex certain property; to provide for new corporate limits.

TUESDAY, MARCH 14, 1995

1977

The report 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 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1031.

By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide for a change of duties, work hours, and compensation of the mayor of said city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

SB 450. By Senator Thompson of the 33rd:
A bill to amend an Act reincorporating the City of Marietta, as amended, so as to deannex a certain area of the city.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

HB 1028. By Representatives Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating a new board of commissioners of Henry County, so as to change the provisions relating to the selection, duties, pow ers, qualifications, and term of office of the chairman of said board; to change the provisions relating to vacancies on and organizational meetings 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 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 N Bates
Benefield N Birdsong N 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
Campbell N Canty N Carter N Chambless
Channel! Y Childers
Coker Y Coleman, B
Coleman, T Connell N Cox Crawford

Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B Y DeLoach, G Y Dix N Dixon, H
Dixon, S N Dobbs Y Ehrhart N Epps Y Evans Y Tails Y Felton N Floyd

N Godbee Golden Goodwin
N Greene Y Grindley N Hanner Y Harbin Y Harris
Hart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland
Holmes Y Howard N Hudson

N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G
Johnson, J Y Johnston N Jones Y Joyce Y Kaye N Kinnamon Y Klein Y Ladd Y Lakly N Lane
Lawrence N Lee

1978

JOURNAL OF THE HOUSE,

N Lewis
Y Lifsey Lord
N Lucas Y Maddox
YMann N Martin
McBee N McCall Y McClinton Y McKinney
Y Mills N Mobley, B N Mobley, J
Mosley Y Mueller N O'Neal N Orrock

N Parham N Parrish Y Parsons
Pelote N Perry Y Pinholster N Polak N Porter
Poston N Powell
Purcell, A N Purcell, B N Randall N Randolph NRay N Reaves N Reichert Y Roberts

N Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan NShaw N Sherrill Y Shipp N 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 NSmyre
Snelling YSnow N Stallings
Stancil, F Y Stancil, S
Stanley, L Stanley, P N Stephenson Y Streat N Taylor
N Teague N Teper N Thomas N Tillman Y Titus Y Towery

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

On the passage of the Bill, the ayes were 67, nays 81. The Bill, having failed to receive the requisite constitutional majority, was lost.

Representative Maddox of the 108th moved that the House reconsider its action in failing to give the requisite constitutional majority to HB 1028.
On the motion, 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
N Bates N Benefield N Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D Y Brooks, T N Brown, G Y Brown, J
Y Brush NBuck N Buckner
Y Bunn Y Burkhalter
NByrd Y Campbell
Canty N Carter N Chambless
Channel!
Y Childers Y Coker Y Coleman, B N Coleman, T
Connell
NCox Crawford

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

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

N Parham N Parrish Y Parsons
Pelote N Perry Y Pinholster NPolak
N Porter
N Poston N Powell
Purcell, A N Purcell, B N Randall N Randolph
NRay Y Reaves N Reichert Y Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins N Shanahan
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

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

On the motion, the ayes were 67, nays 87. The motion was lost.

By unanimous consent, all Bills and Resolutions were ordered immediately trans mitted to the Senate.

TUESDAY, MARCH 14, 1995

1979

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 474. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act incorporating the City of Social Circle, as amended, so as to provide for a definition; to change the provisions relating to the elec tion of the mayor and councilmembers of said city; to provide for council dis tricts; to provide for terms of office; to change the provisions relating to qualifications for office; to provide for certain submissions.

SB 475. By Senators Clay of the 37th, Thompson of the 33rd and Isakson of the 21st:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the additional supplement for the chief judge.

SB 476. By Senator Abernathy of the 38th:
A bill to require all public school buses employed by the Atlanta Board of Education to be equipped with passenger seat belts; to provide for applicabil ity.

HB 801. By Representative Stephenson of the 25th: A bill to provide a new charter for the Town of Arcade.

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.

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.

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.

HB 937. By Representatives Mosley of the 171st and Smith of the 169th:
A bill to amend an Act providing a new charter for the City of Blackshear, so as to change the corporate limits of the city.

1980

JOURNAL OF THE HOUSE,

HB 949. By Representatives Wiles of the 34th, Barnes of the 33rd, Parsons of the 40th, Shipp of the 38th, Sauder of the 29th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the provisions relative to the compensation of the chief investigator, the investigators, the chief assistant district attorney, and the assistant district attorneys.

HB 951. By Representatives Pinholster of the 15th, Stancil of the 16th and Harris of the 17th:
A bill to create the Cherokee County Parks and Recreation Authority.

HB 964. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected.

HB 965. By Representatives Jenkins of the 110th and Birdsong of the 123rd:
A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board.

HB 969. By Representatives Mobley of the 69th, Randolph of the 72nd, Polak of the 67th, McClinton of the 68th, Sherrill of the 62nd and others:
A bill to amend an Act making provisions for the Magistrate Court of DeKalb County, so as to change the provisions relating to the compensation of the chief magistrate.

HB 976. By Representatives Klein of the 39th, Towery of the 30th, Sauder of the 29th, Parsons of the 40th, Wiles of the 34th and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the judge and the clerk of the probate court.

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.

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.

TUESDAY, MARCH 14, 1995

1981

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.

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.

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.

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.

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.

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.

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.

1982

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

TUESDAY, MARCH 14, 1995

1983

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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:
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.
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.
HB 953. By Representatives Towery of the 30th, Klein of the 39th, Shipp of the 38th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriffs chief deputy, the chief investigator, and the executive assist ant.
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.
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.
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.

1984

JOURNAL OF THE HOUSE,

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.

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

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.

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.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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".

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.

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.

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.

TUESDAY, MARCH 14, 1995

1985

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.

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.

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.

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 Senate has agreed to the House amendment to 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.

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

SB 477. By Senator Johnson of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, as amended, so as to change the corporate limits of said city.

SB 478. By Senators Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County.

1986

JOURNAL OF THE HOUSE,

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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 Senate has disagreed to the House substitute to the following bill of the Senate:

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.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

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.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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.

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

SB 474. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act incorporating the City of Social Circle, as amended, so as to provide for a definition; to change the provisions relating to the elec tion of the mayor and councilmembers of said city; to provide for council dis tricts; to provide for terms of office; to change the provisions relating to qualifications for office; to provide for certain submissions.
Referred to the Committee on State Planning & Community Affairs - Local.

TUESDAY, MARCH 14, 1995

1987

SB 475. By Senators Clay of the 37th, Thompson of the 33rd and Isakson of the 21st:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the additional supplement for the chief judge.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 476. By Senator Abernathy of the 38th:
A bill to require all public school buses employed by the Atlanta Board of Education to be equipped with passenger seat belts; to provide for applicabil ity.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 477. By Senator Johnson of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, as amended, so as to change the corporate limits of said city.
Referred to the Committee on State Planning & Community Affairs - Local.

SB 478. By Senators Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County.
Referred to the Committee on State Planning & Community Affairs - Local.

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

HR 530. By Representatives Smyre of the 136th, Epps of the 131st, Sinkfield of the 57th, Stanley of the 50th and Lee of the 94th:
A resolution honoring the achievements of Tom Delaney and inviting him to appear before the House of Representatives.

The following Resolutions of the House were read and adopted:

HR 555. By Representatives Orrock of the 56th and Childers of the 13th:
A resolution recognizing licensed dietitians of the Georgia Dietetic Associa tion and qualified nutritionists of the Georgia Nutrition Council; designated March, 1995, as Georgia Nutrition Month at the Capitol.

HR 556. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution recognizing and commending Sarah Raper.

HR 557. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution recognizing and commending Amanda Samples.

HR 558. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution recognizing and commending Jennifer Todd.

1988

JOURNAL OF THE HOUSE,

HR 559. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution recognizing and commending Jennifer Richardson.

HR 560. By Representatives Brooks of the 54th, Stanley of the 49th, Stanley of the 50th, Smyre of the 136th, McClinton of the 68th and others:
A resolution commending the Honorable Carolyn Long Banks.

HR 561. By Representatives Johnson of the 84th and Walker of the 87th:
A resolution commending the Loganville High School boys' varsity basketball team.

HR 562. By Representative Buckner of the 95th: A resolution commending Charles McCallum.

HR 563. By Representative Buckner of the 95th: A resolution commending Earl Perry Sinor and Erma Sears Sinor.

HR 564. By Representative Buckner of the 95th: A resolution commending Salvitore Angelica.

HR 565. By Representatives Buckner of the 95th and Lee of the 94th: A resolution recognizing Rainwater's General Merchandise store.

HR 566. By Representative Stancil of the 91st: A resolution recognizing and commending Mr. and Mrs. Martin L. Bass.

HR 567. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution recognizing and commending Carla Cook.

HR 568. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution recognizing and commending Julie Palmer.

HR 570. By Representative Thomas of the 148th: A resolution commending Ms. Gloria Veda Pace.

HR 571. By Representatives Thomas of the 148th, Bordeaux of the 151st and Pelote of the 149th:
A resolution commending Ms. Eddie Bonaparte-Morris on the occasion of her retirement.

HR 572. By Representatives Teague of the 58th, Mobley of the 69th, Brooks of the 54th, Epps of the 131st, White of the 161st and others:
A resolution relating to the Georgia Association of Black Elected Officials (GABEO) and its initiatives relating to the problem of hunger.

TUESDAY, MARCH 14, 1995

1989

HR 573. By Representatives Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Epps of the 131st, Stanley of the 49th and others:
A resolution relating to the Georgia Association of Black Elected Officials and its position relating to SB 113.

HR 575. By Representatives Porter of the 143rd, Murphy of the 18th, Rogers of the 20th, Coleman of the 142nd, Parham of the 122nd and others:
A resolution commending Corporal Blythe Barrios, Trooper First Class Johnny B. Hall, and Trooper First Class John Hembree.

HR 576. By Representative Stallings of the 100th: A resolution commending the Villa Rica Stadium Committee.

Representative Joyce of the 1st 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 Speaker Pro Tern assumed the Chair.

Representative Ehrhart of the 36th moved that the House reconsider its action in giv ing the requisite constitutional majority to the following Bill of the Senate:

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

Y Ashe N Bailey N Baker Y Bannister Y Barfoot N Bargeron Y Barnard Y Barnes Y Bates N Benefield N Birasong Y Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G Y Brown, J Y Brush
Buck N Buckner Y Bunn Y Burkhalter NByrd

Y Campbell N Canty
Carter Chambless N Channell Y Childers Y Coker Y Coleman, B Coleman, T Connell NCox Y Crawford Y Crews Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y 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
Good win N Greene Y Grindley
Hanner Y Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes
Howard Y Hudson

N Hugley Ylrvin N James
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 NLee Y Lewis Y Lifsey NLord
Lucas Y Maddox YMann

N Martin N McBee Y McCall N McClinton 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
Pelote Y Perry Y Pinholster Y Polak
Porter Poston Y Powell N Purcell, A N Purcell, B

1990

JOURNAL OF THE HOUSE,

NRandall N Randolph NRay N Reaves N Reichert
Roberts N Rogers
Royal Y Sanders Y Sauder
Scoggins Y Shanahan

NShaw N Sherrill Y Shipp N Simpson N Sinkfield
Skipper
Y Smith, C Y Smith, C.W
Smith, L Y Smith, P
Smith, T Y Smith, V

Y Smith, W
NSmyre Y Snelling
Snow N Stalling* N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephenson
Streat N Taylor

Teague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs Walker, L Y Walker, R.L N Wall

On the motion, the ayes were 86, nays 67. The motion prevailed.

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

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

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

YAshe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T Brown, G Y Brown, J
Brush Buck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell YCox 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 YDobbs YEhrhart
Y Epps Evans Falls Felton
Y Floyd Y Godbee Y Golden
Goodwin
Y Greene Y Grindley
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 Ylrvin Y 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
Lucas Y Maddox YMann Y Martin YMcBee 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
Pelote Y Perry Y Pinholster Y Polak
Porter P os ton Y Powell Purcell, A Y Purcell, B Randall Y Randolph
Ray Y Reaves
Reichert Roberts Y Rogers 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
Stephenson Streat Y Taylor Teague YTeper
Y Thomas Y Tillman Y Titus
Towery Y Trense Y Turnquest
Twiggs 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

TUESDAY, MARCH 14, 1995

1991

On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

Representative Ladd of the 59th moved that debate on SB 58 be limited to five min utes with the exception of the original speaker which has ten minutes and twenty minutes for the Committee Chairman.
On the motion, the roll call was ordered and the vote was as follows:

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

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

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

On the motion, the ayes were 109, nays 39. The motion prevailed.

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

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

The following substitute, offered by Representative Watts of the 26th, et al. 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 provide that it shall be unlawful for any person to discharge any firearm while such person is under the influence

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of alcohol, certain drugs or controlled substances, or both; to provide for definitions; to provide a penalty; to provide that licensed firearms dealers comply with certain require ments prior to the sale or delivery of a handgun; to provide for legislative intent and dec larations; to restrict the authority of political subdivisions with respect to certain regulations of handguns; to define certain terms; to require certain information from a potential purchaser of a handgun; to provide for criminal history and involuntary hospitalization records checks; to provide for transaction numbers to be issued by the Georgia Bureau of Investigation; to provide for the establishment of a toll-free telephone number by the bureau for providing information to licensed firearms dealers; to provide procedures relating to the transmission of information between the bureau and licensed firearms deal ers with respect to potential buyers of firearms; to provide for fees; to provide for confi dentiality of information; to provide for certain records and reports; to prohibit certain individuals from purchasing or possessing a handgun; to provide that if a person is denied the right to purchase a handgun based on the records of the Georgia Bureau of Investiga tion and if the bureau will not amend the records, the person shall be entitled to petition the superior court for an order directing the Georgia Bureau of Investigation to amend the records; to provide that persons who are prohibited from purchasing or transporting a handgun based on a background check evidencing involuntary hospitalization shall be enti tled to a hearing before the committing court; to provide procedures; to authorize the com mitting court to make a determination as to a person's competency to possess or transport a handgun; to provide for amendments to certain criminal records or records of involun tary hospitalization; to provide procedures; to provide for certain actions to have erroneous records corrected; to provide for attorney's fees under certain circumstances; to provide civil immunity; to provide for applicability and exceptions; to provide certain exceptions with respect to the transfer of a handgun as collateral for a loan or as pledged goods in a pawn transaction; to prohibit certain acts in connection with the sale or purchase of handguns; to prohibit the breach of confidentiality with respect to certain records; to pro vide penalties; to provide for annual reports by the Georgia Bureau of Investigation; to restrict the authority of political subdivisions with respect to certain regulations of fire arms but to authorize certain local regulations under certain conditions; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Geor gia Crime Information Center, so as to require the Georgia Crime Information Center and the director of such center to perform certain duties with respect to furnishing certain information to licensed firearms dealers concerning potential purchasers or transferees of handguns; to require the probate courts and the clerks of the superior courts to perform certain duties with respect to furnishing certain information to the Georgia Crime Infor mation Center; to require the center to provide certain information to a potential pur chaser or transferee of a handgun; to provide for the purging of certain records of the Georgia Crime Information Center; to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to provide a fee for conduct ing a hearing to determine eligibility to purchase a handgun; to provide for other matters relative to the foregoing; to provide an effective date; to provide for the automatic repeal of a portion of this Act; 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 inserting immediately following Code Section 16-11-132 a new Code section to read as follows:
"16-11-133.
(a) It shall be unlawful for any person to discharge a firearm while: (1) Under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is unsafe for the person to discharge such firearm; (2) The person's alcohol concentration is 0.08 grams or more at any time while dis charging such firearm or within three hours after such discharge of such firearm from alcohol consummed before such discharge ended; or

TUESDAY, MARCH 14, 1995

1993

(3) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and deriva tives of each or both without regard to whether or not any alcohol is present in the person's breath or blood. (b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violat ing this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of possessing or discharging a firearm safely as a result of using a drug other than alcohol which such person is legally entitled to use. (c) Any person convicted of violating subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2. Said article is further amended by adding at the end thereof a new Part 5 to read as fol lows:
"Part 5
16-11-170. (a) It is the intention of this part to establish state regulations which are consistent with the policy and terms of the federal Brady Handgun Violence Protection Act by provid ing a state background check law. (b) This part shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act. Without limiting the generality of the foregoing, it is specifically intended that this part shall constitute a state law requiring verification by a state official that information available does not indicate that possession of a handgun by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. Section 922(s)(l)(D).
16-11-171. As used in this part, the term:
(1) 'Bureau' means the Georgia Bureau of Investigation. (2) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation. (3) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43. (4) 'Handgun' means a pistol or revolver or other handgun defined in Code Section 16-11-131 which has a short stock and is designed to be held and fired by the use of a single hand. (5) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Part 2 of Article 6 of Title 17.
16-11-172. On and after January 1, 1996, no dealer licensed pursuant to 18 U.S.C. Section 923 or Chapter 16 of Title 43 shall sell or deliver from his or her business inventory at his or her licensed premises any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until:
(1) The dealer has obtained a completed consent form from the potential buyer or transferee, which form shall have been promulgated by the bureau and provided by the licensed dealer, which shall include only the name, birth date, gender, race, and social security number or other identification number of such potential buyer or trans feree; (2) The dealer has inspected identification containing a photograph of the potential buyer or transferee;

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(3) The dealer has requested, by means of a toll-free telephone call, that the bureau conduct a criminal history and involuntary hospitalization records check; (4) The dealer has received a unique transaction number for that inquiry from the bureau verifying that the information available to the bureau does not indicate that possession of a handgun by the transferee would be in violation of federal or state law; and (5) The dealer has recorded the date of receipt of the identifying number and the number on the consent form.
16-11-173. (a) Upon receipt of a request for a criminal history and involuntary hospitalization records check, the bureau shall immediately, during the licensee's call or by return call:
(1) Review all criminal history and involuntary hospitalization records electronically available to the bureau to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law; and (2) Inform the licensee making the inquiry that its records demonstrate that the potential buyer or transferee is so prohibited or provide the licensee with a unique transaction number. (b) In the event that the electronic check of records available to the bureau as provided in subsection (a) of this Code section reveals the existence of a criminal history record not immediately available to the bureau so as to determine the eligibility of the poten tial buyer to purchase a handgun, the bureau shall in the same call or return call advise the licensee of such existing, but not immediately available, record. In that event, the licensee shall not complete the sale of the handgun until the bureau advises the licensee that information subsequently received as a result of that request shows that the poten tial buyer is not prohibited from receiving or possessing a handgun under state or fed eral law.
16-11-174. (a) In the event of electronic failure, scheduled computer downtime, or similar emer gency beyond the control of the bureau or center which prevents or delays the checks from being made as provided in Code Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay. If the delay is expected to extend beyond the close of business of the day the request is made, the firearm dealer may complete the transaction immediately without being a vio lation of this part. After such notification, the bureau shall forthwith, and in no event later than the end of the day the request is made by the licensee, either inform the requesting licensee if its records demonstrate that the potential buyer is prohibited from receipt or possession of a handgun under state or federal law or provide the licensee a unique transaction number. Unless notified by the close of business the day the request is made that the potential buyer is so prohibited, and without regard to whether he or she has received a unique transaction number, the licensee may complete the transaction and shall not be deemed in violation of this part. (b) A licensed dealer is not required to comply with the requirements of this part in the event of unavailability of telephone service at the licensed premises due to the fail ure of the entity which provides telephone service in the state, region, or other geo graphical area in which the licensee is located to provide telephone service to the premises of the licensee due to the location of such premises or the interruption of tele phone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the licensee.
16-11-175. The bureau shall be authorized to charge and collect a fee not in excess of $5.00 for each criminal history and involuntary hospitalization records check conducted pursuant to Code Section 16-11-173.
16-11-176.

TUESDAY, MARCH 14, 1995

1995

The bureau shall not create any list, electronic, magnetic, or otherwise, containing any of the information set forth in paragraph (1) of Code Section 16-11-172 pertaining to a potential buyer or transferee unless the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law.
16-11-177. The bureau shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 A.M. and 10:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers. The bureau shall employ and train such personnel as are necessary to administer expeditiously the provisions of this Code section.
16-11-178. (a) Any person who is denied the right to receive or purchase a handgun as a result of the procedures established by this part may request amendment of the record pertaining to him or her by petitioning the bureau. If the bureau fails to amend the record within seven days and except as otherwise provided in subsection (b) of this Code section, the person requesting the amendment may petition the superior court of the county of resi dence for an order directing the bureau to amend the record. If the record as corrected demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the bureau shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in paragraph (1) of Code Section 16-11-172. (b) In addition to other provisions of law relating to prohibitions against possessing or transporting a handgun, any individual who has been involuntarily hospitalized within five years immediately preceding the date of an application for a handgun shall be pro hibited from purchasing or possessing a handgun; provided, however, that, if after a hearing before the committing court, the probate judge or judge of the superior court determines that based on the evidence submitted by such applicant and any other evi dence required by the judge that such applicant is not a danger to himself or herself or others, such applicant shall not be deemed ineligible to purchase a handgun as a result of being involuntarily hospitalized. If such applicant is not deemed ineligible to purchase a handgun, the bureau shall destroy any records it maintains which contain any information derived from the involuntary hospitalization records checks set forth in paragraph (1) of Code Section 16-11-172. (c) Any person erroneously identified as a prohibited person, whose records have not been corrected pursuant to subsection (a) or (b) of this Code section, may bring an action in any court of original jurisdiction against the State of Georgia or any political subdivision thereof which is the source of the erroneous information for damages, includ ing consequential damages, injunctive relief, and such other relief as the court deems appropriate. If the person prevails in the action, the court shall allow the person reason able attorney's fees as part of the costs.
16-11-179. The bureau shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to this part. Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment.
16-11-180. Compliance with the provisions of this part shall be a complete defense to any claim or cause of action under the laws of this state for liability for damages arising from the sale or transfer of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punish able by imprisonment for a term exceeding one year or who has been involuntarily hos pitalized.
16-11-181.

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(a) The provisions of this part shall not apply to: (1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; (2) Any replica of any firearm described in paragraph (1) of this Code section if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; (3) Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11; (4) Potential buyers or transferees who hold a valid permit or license to carry a pistol or revolver pursuant to Code Section 16-11-129 and who exhibit such permit or license to a licensed dealer; and (5) Peace officers certified by the Georgia Peace Officer Standards and Training Council.
(b) Notwithstanding any other provisions of this part, in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the handgun from the dealer or upon such person transferring any other handgun as collateral or pledged goods to the same dealer or reclaiming the same at any time during the calendar year as the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such calendar year.
16-11-182. (a) Any licensed dealer or any government official who willfully and intentionally requests a criminal history and involuntary hospitalization records check from the bureau for any purpose other than compliance with this part or willfully and intention ally disseminates any criminal history or involuntary hospitalization records information to any person other than the subject of such information shall be guilty of a felony. (b) Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a handgun pursuant to Code Section 16-11-172, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally fur nishes or exhibits any false identification intended or likely to deceive the licensee shall be guilty of a misdemeanor. (c) Any licensed dealer who willfully and intentionally sells or delivers a handgun in vio lation of this part shall be guilty of a misdemeanor. (d) Any purchaser or owner of a firearm who willfully and intentionally transfers the firearm at any time to a person who he or she knows to be prohibited from possession of a handgun by state or federal law shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years.
16-11-183. The bureau shall provide the Speaker of the House of Representatives and the President of the Senate an annual report including the number of inquiries made pursuant to this part for the prior calendar year. Such report shall include, but not be limited to, the number of inquiries received from licensees, the number of inquiries resulting in a deter mination that the potential buyer or transferee was prohibited from receipt or possession of a handgun pursuant to state or federal law, the estimated costs of administering this part, the number of instances in which a person requests amendment of the record per taining to such person pursuant to subsection (a) of Code Section 16-11-178, the number of instances in which the superior court issued an order directing the bureau to amend a record pursuant to subsection (a) of Code Section 16-11-178, and the number of instances in which the probate court or superior court issued an order directing the bureau to amend a record relative to involuntary hospitalization pursuant to subsection (b) of Code Section 16-11-178.
16-11-184. (a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern.

TUESDAY, MARCH 14, 1995

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(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. (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 reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation."
SECTION 3. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by adding between subsections (d) and (e) of Code Section 35-3-34, relating to the dissemination of records by the Georgia Crime Information Center and local criminal justice systems to private persons and businesses, a new subsection (d.l) to read as follows:
"(d.l)(l) The center shall be authorized and directed to review its criminal history records and involuntary hospitalization records information and to report to each dealer as provided in Code Section 16-11-173 as to whether a named potential buyer or transferee of a handgun is prohibited from purchasing or possessing a handgun by state or federal law pursuant to the requirements of Part 5 of Article 4 of Chapter 11 of Title 16. The director of the center shall establish with adequate staff and ade quate telephone lines a toll-free telephone number as required in Code Section 16-11-177. (2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-173 and 16-11-174, the Georgia Crime Information Center shall be provided such information and no other mental health information from the invol untary hospitalization records of the probate courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by the Executive Probate Judges Council of Georgia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-173 and 16-11-174 and to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Sections 16-11-172 and 16-11-173, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime and has been involuntarily hospitalized from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after the effective date of this subsection in a manner agreed upon by The Council of Superior Court Clerks of Geor gia and the Georgia Bureau of Investigation to meet the requirements of this Code section and Code Sections 16-11-172 and 16-11-173 and to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Geor gia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration of such five-year period."
SECTION 4. Said Article 2 of Chapter 3 of Title 35 is further amended by adding at the end of Code Section 35-3-37, relating to the inspection of criminal records, a new subsection (f) to read as follows:
"(f) If the center has notified a firearms dealer that a person is prohibited from pur chasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney

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making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to possess or transport a handgun."
SECTION 5. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of subsection (a) a new paragraph (29) to read as follows:
"(29) For hearing to determine eligibility to purchase a handgun.......................... 30.00"
SECTION 6. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, is amended by adding at the end of paragraph (1) of subsection (e) a new subparagraph (CC) to read as follows:
"(CC) For hearing to determine eligibility to purchase a handgun .................... 30.00"
SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval but shall only apply to the sale or transfer of handguns on and after January 1, 1996; provided, however, that no local ordinance which was in effect on the effective date of this Act shall be affected by Code Section 16-11-184 until January 1, 1996, at which time, unless enacted subsequent to the effective date of this Act as pro vided by that Code section, any such ordinance shall be of no further force or effect. No ordinance or regulation attempting to regulate firearms in any manner shall be enacted by any county, city, or municipality after July 1, 1995.
SECTION 8. Code Sections 16-11-170 through 16-11-183 enacted by Section 2 of this Act; subsection (d.l) of Code Section 35-3-34 enacted by Section 3 of this Act; subsection (f) of Code Sec tion 35-3-37 enacted by Section 4 of this Act; paragraph (29) of subsection (a) of Code Section 15-9-60 enacted by Section 5 of this Act; and subparagraph (e)(l)(CC) of Code Section 15-9-60 enacted by Section 6 of this Act shall be repealed automatically upon a final judicial determination that such Act is invalid for any reason.
SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and lost:

Representatives Poston of the 3rd, Teper of the 61st and Smith of the 169th move to amend the Floor substitute to SB 58 as follows:
Page 3 line 27 insert new (c):
"(c) Except for persons engaged in hunting under rules promulgated under state law, the discharge of a firearm by any person shall constitute probable cause for any officer to require alcohol or drug tests of such person."
Change previous (c) to (d).

Representatives Poston of the 3rd moves to amend the Floor substitute to SB 58 as fol lows:
P. 3 line 29 add "(D)":
"A law enforcement officer with reasonable grounds to believe that a person has vio lated this Code Section may request that said person submit to a blood, urine, breath or other bodily substance test to determine if said person is in violation of this Code

TUESDAY, MARCH 14, 1995

1999

section; or may submit said reasonable grounds to a magistrate for an order requiring said person to submit to said test."

Representatives Holmes of the 53rd and Canty of the 52nd move to amend the Floor sub stitute to SB 58 as follows:
Delete lines 35-40, page 10 subparagraph (b) and renumber subparagraphs (c) and (d).

The following amendment was read:

Representatives Shipp of the 38th and Wiles of the 34th move to amend the Floor substi tute to SB 58 by adding between lines 2 and 3 of page 11 the following:
"(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."
By striking on line 3 of page 11 the following: "(d)",
and inserting in lieu thereof the following: "(e)".

On the adoption of the amendment, the ayes were 70, nays 67. The amendment was adopted.
Representative Watts of the 26th moved that the House reconsider its action in adopting the Shipp amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey
Baker Bannister N Barfoot N Bargeron N Barnard N Barnes
Bates Y Benefield Y Birdsong Y Bordeaux
Bostick
N Breedlove N Brooks, D Y Brooks, T N Brown, G N Brown, J N Brush
Buck N Buckner NBunn N Burkbalter YByrd N Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers N Coker N Coleman, B
Coleman, T

Connell YCox N Crawford N Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M
YDay Y DeLoach, B
DeLoach, G NDix
Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd N Godbee Y Golden
Goodwin
Y Greene N Grindley
Hanner N Harbin N Harris NHart N Heard
Hecks tall N Hegstrom

N Hembree N Henson Y Holland N Holmes
Howard
Y Hudson Y Hugley N Irvin N James
Jamieson Y Jenkins N Johnson, G N Johnson, J Y Johnston Y Jones N Joyce N Kaye Y Kinnamon N Klein
Ladd Y Lakly NLane N Lawrence YLee Y Lewis N Lifsey NLord N Lucas N Maddox NMann Y Martin NMcBee
Y McCall

N McClinton Y McKinney N Mills N Mobley, B Y Mobley, J
N Mosley N Mueller N O'Neal N Orrock
Parham Y Parrish N Parsons Y Pelote Y Perry N Pinholster Y Polak Y Porter
Postal Y Powell Y Purcell, A Y Purcell, B
N Randall Y Randolph YRay Y Reaves Y Reichert N Roberts Y Rogers Y Royal N Sanders N Sauder N Scoggins Y Shanahan

YShaw Y Sherrill
N Shipp N 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 NSnow
Y Stallings Y Stancil, F Y Stancil, S
Stanley, L N Stanley, P Y Stephenson
Y Streat Y Taylor N Teague YTeper Y Thomas N Tillman Y Titus N Towery N Trense N Turnquest N Twiggs

2000

JOURNAL OF THE HOUSE,

Walker, L N Walker, R.L N Wall

Y Watson Y Watts N Westmoreland

N Whitaker N White N Wiles

N Williams, B N Williams, J N Williams, R

N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 71, nays 89. The motion was lost.

The following amendment was read and adopted:

Representative Smith of the 169th moves to amend the Floor substitute to SB 58 by add ing on line 6 page 3 after the word "firearm" the words "except in the defense of life, health, and property".

The following amendment was read and lost:

Representative Poston of the 3rd moves to amend the Floor substitute to SB 58 as follows:
"Add new subsection on p. 3 line 29
"Any person who discharges a firearm in this state is deemed to have given their implied consent for a law enforcement officer with reasonable grounds to believe said person is under the influence of alcohol or drugs to submit to a state-provided test for those substances, as provided for persons suspected of operating a motor vehicle in this state while under the influence of alcohol or drugs."

The following substitute, offered by Representative Joyce of the 1st, was read and lost:

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 protect from infringement the right of the people to keep arms and the subsumed right to obtain firearms for secu rity and protection of person, property, and state; to provide for a short title; to provide for authority; to provide for findings; to prohibit use of funds for certain purposes; to pro vide for furnishing of descriptions by each law enforcement official within the State of Georgia; to prohibit the imposition of certain fees; to require destruction of certain state ments and records; to provide for penalties; to provide for an effective date; to provide for automatic repeal; 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:
"PartS
16-11-170. (a) This part shall be known and may be cited as the 'No Brady Act.' (b) This part is enacted pursuant to Article I, Section I, Paragraph VIII of the Constitu tion of the State of Georgia. (c) The General Assembly finds that United States Public Law 103-159, also known as the Brady Act, is unconstitutional and violates the rights of the State of Georgia and its people under the Second and Tenth amendments to the Constitution of the United States.

TUESDAY, MARCH 14, 1995

2001

(d) The General Assembly further finds that enforcement of the right of the people to obtain firearms is properly an issue of state-wide concern and intends to regulate by general statute transactions pursuant to United States Public Law 103-159.
16-11-171. No funds appropriated pursuant to any provision of law may be used:
(1) To require any law enforcement official or any other officer or employee of this state or any county or municipal corporation to perform a background check pursuant to 18 United States Code, Section 922,(s)(2), or to perform such a background check; or (2) To support, directly or indirectly, any person performing a background check pur suant to United States Public Law 103-159.
16-11-172. (a) Not later than 30 days following the effective date of this part, and prior to any effective change in procedure, each law enforcement official within this state charged with receiving notice and statements pursuant to 18 United States Code, Section 922(s)(l)(A)(i)(III) and (IV), shall provide in writing to the Attorney General of the State of Georgia a description of the means by which a federal firearms licensee may verifiably provide such notice and transmit such statements to such official during nor mal business hours of any business day. (b) No state or local law enforcement official within this state may impose a fee for any action pursuant to or in connection with United States Public Law 103-159. (c) Any statement or record received, created, or processed by any law enforcement offi cial in this state pursuant to 18 United States Code, Section 922(s)(l)(A)(i) shall be destroyed not later than ten days following the receipt, creation, or processing of such document. (d) Any person violating any provision of this Code section shall be imprisoned for not more than five days or fined not more than $1,000.00 or both."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. This Act shall stand repealed in its entirety effective December 31, 1998.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The Watts Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 120, nays 30.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 133. By Senators Henson of the 55th, Thomas of the 10th, Stokes of the 43rd, Marable of the 52nd, Black of the 53rd 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.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representatives Klein of the 39th and Holmes of the 53rd move to amend SB 133 as fol lows:
On page 2, delete Section 2 in its entirety. Re-number subsequent sections accordingly.

The following amendment was read:

Representative Holland of the 157th, et al. move to amend SB 133 by striking in its entirety line 3 of page 1 and inserting in lieu thereof the following:
"service and to provide for exceptions; to change the grievance system; to amend Chapter 2 of.
By striking in its entirety line 14 of page 1 and inserting in lieu thereof the following:
"employees, so as to change the grievance system for classified employees; to provide for definitions; to provide what employment actions shall be the subject of grievances; to pro vide for a uniform four-step grievance filing procedure to be implemented by rules of the State Personnel Board; to provide for monitoring, determining, and compelling of compli ance; to provide for notice to employees, reports, mediation, appeals, group grievances, employee spokespersons, continuances, granting of relief for failure to provide a timely decision or response, and termination of the grievance for failure to appeal; to provide for a pool of certified hearing officers for employee grievances; to prohibit relief which cannot reasonably be granted or is unduly burdensome; to provide for disciplinary action for retaliation, harassment, or false or misleading information; to authorize different proce dures for unlawful discrimination complaints; to provide for construction; to change certain duties of the".
By striking in its entirety line 18 of page 1 and inserting in lieu thereof the following:
"provide for rules, regulations, and penalties; to provide an effective date; to provide".
By inserting after line 40 of page 4 the following:
"SECTION 4.
Said title is further amended by inserting a new Code section at the end of Article 1 of Chapter 20 thereof, to be designated Code Section 45-20-18, to read as follows:
'45-20-18.
(a) As used in this Code section, the term:
(1) 'Employee' means an employee in the classified service as defined in paragraph (2) of Code Section 45-20-2.
(2) 'Grievance' means a claim initiated by an employee alleging that the employee's personal employment has been affected by adverse employment decisions or condi tions due to unfair treatment; unsafe or unhealthful working conditions; a perform ance rating which directly results in the denial of a salary increase; erroneous or capricious interpretation or application of department policies and procedures or the rules of the State Personnel Board; a violation of state or federal law; or allegations of unlawful discrimination because of race, color, sex, national origin, disability, age, or religious or political opinions or affiliations.
(b) The State Personnel Board shall adopt rules regarding employee grievances to pro vide for a grievance filing procedure which shall be uniform throughout state govern ment for employees in the classified service. The merit system shall monitor, determine,

TUESDAY, MARCH 14, 1995

2003

and compel compliance with such grievance procedure by the departments of state gov ernment. The commissioner of the state merit system shall submit an annual report outlining departmental compliance with this Code section to the Governor, Lieutenant Governor, Speaker of the House of Representatives, House Governmental Affairs Com mittee, and Senate State and Local Governmental Operations Committee.
(c) State Personnel Board rules shall require the departments to post a notice outlining the grievance procedures and the employee's right to file a grievance.
(d) The rules of the State Personnel Board regarding employee grievances shall provide for an initial step of filing a written grievance with the employee's departmental person nel office. Board rules shall incorporate the admissibility of patterns of actions resulting in grievances. Except as provided elsewhere in this Code section, the personnel office shall determine if the matter is grievable. If the matter is determined to be grievable, the personnel office shall grant the relief requested, contest the grievance, or refer the grievance to a trained mediator who is not an employee of the same department as the aggrieved employee. Should mediation fail to achieve a resolution to the grievance, the aggrieved employee may reinstate his or her grievance at the second step of the griev ance procedure.
(e)(l) The rules of the State Personnel Board regarding employee grievances shall provide for a second step in the grievance procedure. After the personnel office con tests a grievance, there shall be appointed a committee of three persons to take testi mony and other evidence regarding the grievance and issue a recommended resolution. Supervisory employees, aggrieved employees, participants in a group grievance, and witnesses or other persons named or referred to in the written grievance shall not serve on the committee. One member of the committee shall be designated by the aggrieved employee, and one member of the committee shall be designated by the management official most familiar with the grievance. The first and second members of the committee shall be employees of the same department as the aggrieved employee and shall work at the same geographic location as the aggrieved employee. The third member of the committee shall be a certified hearing officer for employee grievances in accordance with paragraph (3) of this subsection who is not an employee of the same department as the grievant. The state merit system shall provide the grievant with a list of certified hearing officers. The grievant shall nominate five per sons from the pool of certified hearing officers, and the state merit system shall make one of the nominated persons available to serve as the third member of the commit tee. The third member of the committee shall be chairperson of the committee.
(2) The committee selected in accordance with paragraph (1) of this subsection shall by majority vote adopt a recommended resolution for the grievance. A written state ment of the committee's recommended resolution shall be provided to the aggrieved employee and the management of the state employer. If there is no timely appeal of the committee's recommended resolution, the resolution shall be implemented.
(3) The rules of the State Personnel Board shall provide for the establishment of a pool of certified hearing officers for employee grievances and a selection process for the hearing officer pool which ensures a balance of nonmanagement and management employees and which includes a procedure for self-nomination. To be certified as hearing officers for employee grievances, selected candidates shall successfully com plete a training course and meet any other certification requirements established by the state merit system.
(f) Step three of the grievance procedure provided in the rules of the State Personnel Board shall allow an appeal to the head of the department or such person's designee by either the aggrieved employee or a representative of management after receiving the written statement of the committee's recommended resolution. The final agency decision on the grievance shall be provided in writing to the aggrieved employee and manage ment.

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JOURNAL OF THE HOUSE,

(g) The grievant may file an appeal of an alleged violation of the board's rules, exclud ing the factual findings and substance of the grievance, to the State Personnel Board following notification of the final agency decision.
(h) The rules of the State Personnel Board shall provide for group grievances and shall allow another employee of the same department to act as the grievant's spokesperson. The grievant and the spokesperson shall each be granted, during regular work hours and without loss of pay or credits, up to four hours preparation time per grievance. No employee shall be entitled to or provided more than 16 hours of preparation time in any calendar year to pursue an individual grievance or serve as a spokesperson.
(i) The rules of the board shall establish a time period for response, decision, or recom mendation and appeal for each step of the grievance procedure.
(j) At any step in the process, if the aggrieved employee fails to file an appeal within the time period specified, the grievance process shall be terminated. At any step of the process, if the recommendation is not rendered within specified time frames, the employee may notify the commissioner in writing that established time frames have not been met. In this event, the commissioner shall notify in writing the affected depart ment head who shall provide appropriate relief within five business days. Relief which cannot be reasonably granted by the department or which imposes an undue burden or significant financial cost upon the department or upon state government shall not be granted at any step of the process. The department may apply for and the commissioner may grant continuances for unforeseen contingencies.
(k) Any state officer, supervisor, management representative, or employee who know ingly supplies false or misleading information in a grievance or who attempts to harass, intimidate, or retaliate against any employee, state officer, supervisor, or management representative as a result of the action in filing or processing a grievance or providing testimony or evidence regarding a grievance shall be subject to disciplinary action, including dismissal from employment.
(1) Departments may institute procedures designed specifically for unlawful discrimina tion complaints and may process grievances alleging unlawful discrimination according to such procedures or according to the grievance procedure provided for in this Code section. State Personnel Board rules shall require that the grievant in such cases be given an opportunity to provide information relative to the complaint and, upon request, to receive information regarding the status of the complaint. At the conclusion of the investigation, the employee will be notified in writing of the decision and of any availa ble alternatives.
(m) The State Personnel Board shall adopt rules to implement the provisions of this Code section pertaining to, but not limited to, nongrievable matters, group grievances, mediation, training requirements of persons associated with the grievance process, and necessary reporting procedures and requirements.
(n) This Code section shall not be construed to grant to any employee a right or cause of action against the state or any department, authority, commission, bureau, agency, board, or political subdivision of the state not otherwise granted by law or to require, cause, or permit the state to enter into any contract not otherwise authorized by law or to recognize any third party as an authorized bargaining representative for any employee or group of employees. The state shall not incur any legal liability in the administration of the grievance procedure provided in this Code section. This Code sec tion shall not be construed to limit or abrogate any remedy or relief otherwise available or authorized by law.'"
By renumbering Section 4 as Section 5.
By inserting after line 4 of page 7 the following:

TUESDAY, MARCH 14, 1995

2005

"SECTION 6.
(a) Section 4 of this Act shall become effective on January 1, 1996. (b) Except as provided in subsection (a) of this section, this Act shall become effective on July 1, 1995."
By renumbering Section 5 as Section 7.

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

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

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

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

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

On the adoption of the amendment, the ayes were 82, nays 68. The amendment was adopted.

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

Representative Irvin of the 45th moved that the House reconsider its action in adopt ing the Holland amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

N Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush
Buck N Buckner
Bunn Y Burkhalter NByrd

Y Campbell N Canty
Carter N Chambless Y Channell N Childers Y Coker Y Coleman, B
Coleman, T Connell
Cox N Crawford

Y Crews
Y Culbreth N Cummings N Davis, G Y Davis, M YDay Y DeLoach, B
DeLoach, G NDix N Dixon, H
Dixon, S N Dobbs

Y Ehrhart
NEpps Y Evans Y Falls Y Felton N Floyd Y Godbee N Golden
Goodwin N Greene Y Grindley
Hanner

2006

JOURNAL OF THE HOUSE,

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 Y Johnson, G Y Johnson, J N Johnston N Jones Y Joyce YKaye N Kinnamon

Y Klein YLadd Y Lakly YLane Y Lawrence NLee Y Lewis Y Lifsey YLord N Lucas Y Maddox YMann N Martin N McBee Y McCall N McClinton N McKinney Y Mills N Mobley, B N Mobley, i N Mosley Y Mueller N O'Neal N Orrock

N Parham Y Parrish Y Parsons N Pelote N Perry Y Pinholster
N Polak Porter
N Poston N Powell Y Purcell, A N Purcell, B N Randall N Randolph
YRay Y Reaves N Reichert N Roberts N Rogers
Royal Y Sanders Y Sauder Y Scoggins Y Shanahan

On the motion, the ayes were 70, nays 87. The motion was lost.

NShaw N Sherrill
Shipp 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 YSnow N Stalling* Y Stancil, F Y Stancil, S
N Stanley, L N Stanley, P N Stephenson N Streat N Taylor

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

The following amendments were read and adopted:

Representatives Irvin of the 45th and Smyre of the 136th move to amend SB 133 by strik ing in their entirety lines 3 through 7 of page 1 and inserting in lieu thereof the following: "service and to provide for exceptions; to amend". By striking in their entirety lines 23 through 34 of page 1 and lines 1 through 3 of page 2. By renumbering Section 3 as Section 2. By striking in its entirety line 16 of page 3 and inserting in lieu thereof the following:
"Code Section 35-2-12 and Chapter 25 of this title, such Sefe rules and". By renumbering Section 4 as Section 3. By striking in its entirety line 7 of page 5 and inserting in lieu thereof the following:
"this chapter or Code Section 35-2-12 and provide penalties for prohibited". By renumbering Section 5 as Section 4.

Representatives Irvin of the 45th and Smyre of the 136th move to amend SB 133 by strik ing lines 8 through 12 of page 6 and inserting in lieu thereof the following:
"(2) Collecting political contributions from state employees;".

Representative Smyre of the 136th moves to amend SB 133 as follows:
On page 1, by striking "to amend" on line 7; by striking lines 8 through 12 ending with the word "paroles;" on line 12.

Representative Smyre of the 136th moves to amend SB 133 as follows: By renumbering: Section 3, Section 1

TUESDAY, MARCH 14, 1995

2007

Section 4, Section 2 Section 5, Section 3
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

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

N Crews
Culbreth Y Cummings Y Davis, G N Davis, M NDay
DeLoach, B DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart
YEpps N Evans Y Falls N Felton Y Floyd
N Godbee Y Golden
Good win Y Greene N Grindley Y Manner 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 Y Joyce NKaye Y Kinnamon N Klein NLadd N Lakly NLane N Lawrence YLee N Lewis N Lifsey NLord Y Lucas N Maddox NMann Y Martin
Y McBee McCall
Y McClinton Y McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock

Y Parham Parrish
N Parsons Y Pelote Y Perry N Pinholster Y Polak
Porter Y Poston
Powell N Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers N Royal N Sanders N Sauder Y Scoggins N Shanahan YShaw Y Sherrill
Shipp Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W Y Smith, L N 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 Y Titus N Towery N Trense Y Turnquest Y Twiggs
Walker, L
N Walker, R.L Y Wall Y Watson Y Watts N Westmorland N Whitaker Y White N Wiles N Williams, B
Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 97, nays 62.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

The following Bills of the Senate were taken up for the purpose of considering the Senate's disagreeing to the House substitutes thereto:

SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
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.

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JOURNAL OF THE HOUSE,

Representative Watson of the 139th moved that the House insist on its position in substituting SB 137.
The motion prevailed.

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th, Burton of the 5th, Ralston of the 51st 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 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.

Representative Barnes of the 33rd moved that the House insist on its position in sub stituting SB 156.
The motion prevailed.

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

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 high education located in the state.

The following Senate substitute was read:

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.
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; n4 (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."

TUESDAY, MARCH 14, 1995

2009

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 accredited by a regional accrediting agency recognized by the United States Department of Education or which is a degree-granting institution of higher education accredited by a regional accrediting agency recognized by the United States Department of Education and was first certified as a degree-granting institution by the Georgia Department of Education on December 31, 1975, which is not a Bible school or college (or, at the graduate level, a school or college of theology or divinity); which admits as regular students 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 Education Commission; and which has been in existence for at least ten years; provided, however, that the criteria for approval for receipt of tui tion equalization grant funds shall include but not be limited to areas of course study, quality of instruction, 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.

Representative Polak of the 67th moved that the House disagree to the Senate substi tute to HB 228.
The motion prevailed.

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 Senate amendment was read:

Amend HB 477 by striking line 19 page 3.

Representative Teper of the 61st moved that the House disagree to the Senate amend ment to HB 477.

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The motion prevailed.

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

SB 131. By Senators Walker of the 22nd, Thomas of the 10th, Marable of the 52nd, Henson of the 55th, Edge of the 28th 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.

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 make it unlawful for any person to broadcast, print, or publish the contents of any unlawfully intercepted communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone; to provide a penalty; 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 16-11-66.1, relating to the unlawful interception of cellular radio telephone communications, and inserting in lieu thereof a new Code Section 16-11-66.1 to read as follows:
"16-11-66.1.
(a) As used in this Code section, the term 'cellular radio telephone' means a wireless tel ephone authorized by the Federal Communications Commission to operate in the fre quency bandwidth reserved for cellular radio telephones.
(b)(l} It shall be unlawful for any person, without the consent of at least one of the parties to the communication, intentionally to intercept, receive, or assist in intercept ing or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone. (2) It shall be unlawful for any person to broadcast, print, or publish the contents of any communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone if the communication has been inter cepted in violation of paragraph (1) of this subsection. (c) In the following instances, this Code section shall not apply: (1) To any public utility engaged in the business of providing communications ser vices and facilities, or to the officers, employees, or agents thereof, where the acts oth erwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility; (2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility; (3) To any telephonic communication system used for communication exclusively within a state, county, or municipal correctional institution; (4) To the use of equipment, facilities, or services by users licensed by the Public Ser vice Commission pursuant to Code Section 16-11-65; or

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(5) To the interception of wire or oral transmissions by law enforcement officers pur suant to Code Section 16-11-64. (d) Any person convicted of violating paragraph (1) or paragraph (2) of subsection (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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 90, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The Chair voted aye. The ayes were 91, nays 0.

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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read and adopted:

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 pub licly employed emergency medical technicians, 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; to change the provisions relating to the authority of the Department of Administrative Services as to payments from the Georgia

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State Indemnification Fund; to change the provisions relating to the payment of indemni fication for death or disability generally; to change the amount of indemnification paid; to change the provisions relating to application for indemnification and to provide time restrictions on applications for indemnification; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking paragraph (6) of Code Section 45-9-81, relating to definitions used in said article, in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preserva tion of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of children and youth services of the Department of Children and Youth Services pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Children and Youth Services or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28, 46-7-70, and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials. Such term also includes members of the Georgia National Guard, the com position of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor, who have been specifically designated and delegated law enforcement powers by the adjutant general, and whose duties include the preserva tion of public order, the protection of life and property, or the prevention, detection, or investigation of crime."
SECTION 2. Said article is further amended by striking in its entirety paragraph (1) of Code Section 45-9-84.3, relating to the authority of the Department of Administrative Services as to payments from the Georgia State Indemnification Fund, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) To pay the appropriate indemnification to the designated beneficiaries e* any ethf persons eligible for indemnification under this article or to the estate of such persons as provided in this article from the proceeds of the Georgia State Indemnifica tion Fund;".
SECTION 3. Said article is further amended by striking in its entirety Code Section 45-9-85, relating to the payment of indemnification for death or disability generally, and inserting in lieu thereof a new Code Section 45-9-85 to read as follows:
"45-9-85.
(a) The indemnification shall be paid by the commission when a law enforcement offi cer, fireman, emergency medical technician, emergency management rescue specialist, or prison guard who in the line of duty:
(1) Is killed or receives bodily injury which results in death within 12 months thereaf ter, if such death does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medical technicians, emergency management

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rescue specialists, or prison guards, and if such death is not the result of suicide and if such bodily injury is not intentionally self-inflicted; or (2) Is permanently disabled, if the permanent disability does not occur from natural causes while performing routine duties which would not be strenuous or dangerous if performed by citizens who are not law enforcement officers, firemen, emergency medi cal technicians, emergency management rescue specialists, or prison guards, and if the permanent disability is not intentionally self-inflicted. (b)(l) Notwithstanding any provision of this article to the contrary, for any compensable claim filed on or after July 1^ 1995, Every tew enforcement officer, fireman, emergency medical technician, emergency management reseae specialist, and prison
^UflTt 9rl6tll QCS lnQIC Ttt9 DCIlCilClftPy fifiu IDCtflOCl Of pflyiHWlt IOT WIG pUrpOBC Or
indemnification fer death nder this article. He designation shall fee made te the commission in writing and en forms furnished by the commission. !Fhe beneficiary andmculOu of pflyment mfly i&c cncm^ed tft *ne scmic msmicFj provicieQ trifli ft cnungc w beneficiary er method ef- payment shall net fee effective until received fey the commission. XT d DonciicMwy i& wo* designfttcdt pflyinent snflir DC m&uc to ine1 cstflte' emu IT the method ef payment is net designated, payment shall be made hasp sea*- as fol lows:
(A) In the case of permanent disability, the eligible disabled person pursuant to this article may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum; and (B) In the case of death, payment shall be made to the estate of a person who is eligible for indemnification under this article as follows: the executor or administra tor may elect payment of $75,000.00 in equal installments over a period of five years or a payment in lump sum which shall consist of $75,000.00 reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (2) The beneficiary, in the ease ef a tew enforcement officer, fireman, emergency med ical technician, emergency management feseae specialist, er prisen gwtfd permanently disabled in the line ef- duty, shall be the disabled officer, fireman, emergency medical technician, emergency management feseae specialist, er gaardr (3) Each tew enforcement officer, fireman, emergency medical technician, emergency m(movement rescue specialist, OP prison u&ru SRGII we fluifiOPizcu to dc9i^ti6itc one or the following methods ef payment: \AJ-- i tie pflyment ot ft totfli sum or ipoUjUUU.vi/ tft ecjuft* tnonviiiy in9UUUDCIIis over
(B) Payment in lamp sat provided, however, that if the lamp sam method ef- pay-

percent pcf Annum;
{4)^2} With respect to law enforcement officers, firemen, or prison guards who were killed prior to April 5, 1978, or who were permanently disabled prior to January 1, 1981, and who are entitled to indemnification under this article, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
{6}{3} With respect to emergency medical technicians who were killed or permanently disabled prior to July 1, 1987, and who are entitled to indemnification under this arti cle, payment shall be made in lump sum to the estate, in the case of death, or, in the case of permanent disability, to the person disabled.
(c) After determining that a law enforcement officer, fireman, emergency medical tech nician, emergency management rescue specialist, or prison guard has been killed or per manently disabled in the line of duty and that he or she or his or her estate beneficiary is entitled to indemnification under this article, the commission, within ten days after such determination, shall forward a certified copy of the order granting such payment, which order shall include the person to whom such payment shall be made and the method of payment, to the commissioner of administrative services who is authorized to

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make the appropriate payments from funds appropriated or otherwise made available for the purpose of carrying out this article."
SECTION 4. Said article is further amended by striking in its entirety subsection (a) of Code Section 45-9-86, relating to application for indemnification, and inserting in lieu thereof a new sub section (a) to read as follows:
"(a) An application for indemnification with respect to a claim filed on or after July ^ 1995, for permanent disability of a law enforcement officer, fireman, prison guard, emer gency medical technician, or emergency management rescue specialist shall be submitted by that person unless the person is mentally incompetent, in which case the application may be made on such person's behalf by the parent, spouse, guardian, or other autho rized individual. An application for indemnification with respect to a claim filed on or after July 1, 1995, for the death of a law enforcement officer, fireman, prison guard, emergency medical technician, or emergency management rescue specialist shall be sub mitted by the Any dcaignatcd beneficiary we ay ethe* person whe eligible f believes he is eligible for indemnification wider the program may make application for indemni fication te the commiosion. IB any ase m which the perseft entitled te make application
C&SG tft Wi&icii tftc person cnt/iticcr to iRflKc dp])iicotiOR is ment&ily inconopctcrit., tftc flppiicfttioii HIfly DC mfluc oft 1113 Dciiflii Dy 1113 pftrcntj ^UOFQIAH} of OWICT inciivictu&i authorized to administer his the estate."
SECTION 5. Said article is further amended by adding at the end of Code Section 45-9-86, relating to application for indemnification, a new subsection (f) to read as follows:
"(f) An application for indemnification with respect to the death or permanent disabil ity of a member of the Georgia National Guard included in the definition of a law enforcement officer pursuant to paragraph (6) of Code Section 45-9-81 who is killed or permanently disabled in the line of duty while in active state service on or after July 1, 1995, must be made within 24 months after the date of the death or disability."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Smith of the 109th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 399 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.

TUESDAY, MARCH 14, 1995

2015

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 109th, Lawrence of the 64th and Heard of the 89th.

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

SB 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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 10.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read:

A BILL
To amend Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, so as to provide for nonpartisan elections without a prior nonpartisan primary; to change cross-references to conform to other provisions of this Act; to amend Title 21 of the Official Code of Geor gia Annotated, relating to elections, so as to change the method of computing the qualify ing fee for certain county offices; to change the distribution of qualifying fees; to provide qualifying procedures for candidates seeking election to county offices in nonpartisan elec tions; to provide for meetings of county boards of registrars; to change the contents of the official list of electors and inactive electors; to provide for establishing the cost of furnish ing data on electors; to provide for a separate portion on ballot labels for candidates seek ing nomination in a nonpartisan primary; to change the form of the elector's oath for an absentee ballot; to authorize additional registration places or registrar's offices; to provide for two poll watchers in each precinct; to eliminate the Constitutional Officers Election Board and references to such board; to change procedures relating to consolidated returns of elections; to change procedures relating to certifying the tabulation of returns; to change the procedures relating to certifying results of elections for constitutional officers; to change the grounds upon which a primary or election may be contested; to provide for a court order to conduct a second runoff in certain circumstances; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Code Section 20-2-56 of the Official Code of Georgia Annotated, relating to nonpartisan primaries and elections for members of boards of education, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
"(a) Notwithstanding any other provisions of law to the contrary, the General Assembly may provide by local law for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of boards of education using the procedures established in Cede Seetiea 21-2 130 Chapter 2 of Title 21, the 'Georgia Elections Code,' or, in the case of independent school systems, for the nomination and election in nonpartisan primaries and elections or for the election in nonpartisan elections without a prior nonpartisan primary of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Code Seetien 21-3 06. Chapter 3 of Title 21, the 'Georgia Municipal Election Code.'"
SECTION 2. Said title is further amended by striking in their entirety subsections (a) and (c) of Code Section 21-2-131, relating to qualification fees, and inserting in lieu thereof new subsec tions (a) and (c) to read as follows:
"(a) Qualification fees for party and public offices shall be fixed and published as fol lows:
(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special pri mary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office. If not a salaried office, a reason able fee shall be set by the county governing authority, such fee not to exceed 3 per cent of the income derived from such office by the person holding the office for the preceding year; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualify ing by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 per cent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the pri mary is to be held for the filling of such party office." "(c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 75 percent to be retained by the state politi cal party; 25 percent to be transmitted to the Secretary of State with the party's certi fied list of candidates not later than 12:00 Noon of the third day after the deadline

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for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be trans mitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds to the governing authority of the county or counties in the district in which the candidate runs, such fees to be applied toward the cost of holding the primary and election. If the office sought by the candidate is filled by the vote of electors of more than one county, such fee shall be divided among the counties involved in proportion to the vote cast by each county in the preceding presidential election; (3) Qualification fees paid to the superintendent of the county:
(A) If the person qualifies as a candidate of a political body, 50 percent te shall be transmitted to the state executive committee of the appropriate political body; if- the
retained by the superintendent of the county?; and (B) If the person qualifies as an independent or nonpartisan candidate, the superin tendent of the county shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the elec tion; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: (A) If the person qualifies as the candidate of a political body, 75 percent te shall be transmitted to the appropriate political bodyj tf the person qualifies as a candidate ef that political feedy; and 25 percent te shall be retained by the Secretary of Stater] and (B) If the person qualifies as an independent or nonpartisan candidate, the Secre tary of State shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the Secretary of State as fol lows: one-third to the state treasury and two-thirds te divided among the governing
s in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election.
Tf fV>ft nffifp nnnp'ht fay j-Vip fonfliHfli'p in fjllpH Hv tYif* VAJ'C nf fTir P! fftAT*Q of rnnrn thon
ee county, such fee shall fee divided aneg- the counties involved m proportion te the vete east by each county in the preceding presidential election."
SECTION 3. Said title is further amended by striking in their entirety subsections (b) and (b.l) of Code Section 21-2-132, relating to procedures for qualifying, and inserting in lieu thereof new subsections to read as follows:
"(b) Candidates seeking nomination in a nonpartisan primary tor the office ef- jttdge ef a state court, jdge ef a superior court, Judge ef- the Court ef- Appeals, er Justice ef-the Supreme Court shall comply with the requirements of subsections (b.l) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpar tisan primary ballots. Candidates seeking election in a nonpartisan election for an office that the General Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the requirements of subsections (c) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpar tisan primary ballots. (b.l) All candidates specified i subsection {b) ef this Code section seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or elec tion superintendent, as the case may be, in the following manner:

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(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his or her name, residence address, and the office he is seeking sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April; and (2) Each candidate for the office ef- jadfe ef a state eeart a county judicial office, a local school board office, or an office of a consolidated government, or his the candi date's agent, desiring to have his or her name placed on the nonpartisan primary bal lot shall file notice of his candidacy in the office of the superintendent ef his eeanty no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April."
SECTION 4. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-212, relating to county registrars, and inserting in lieu thereof the following:
"(c) The chief registrar shall be the chief administrative officer of the board of regis trars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chair person. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other reg istrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensa tion provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds."
SECTION 5. Said title is further amended by striking in its entirety subsection (f) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure in certain circumstances, and inserting in lieu thereof the following:
"(f) The official list of electors and the official list of inactive electors prepared and dis tributed to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, congressional district, state Senate district, state House district, county commission district, if any, county or inde pendent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article."
SECTION 6. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-225, relating to confidentiality of registration applications, and inserting in lieu thereof a new subsection to read as follows:
"(c) It shall be the duty of the Secretary of State and the board of registrars to furnish copies of such data as may be collected and maintained on electors whose names appear

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2019

on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on computer tape or diskette or computer run list or both. The Secretary of State shall establish by rete er regulation the cost to be charged for such lists. Such data may not be used by any person for commercial pur poses."
SECTION 7. Said title is further amended by striking in its entirety subsection (h) of Code Section 21-2-325, relating to the form of ballot labels, and inserting in lieu thereof a new subsec tion to read as follows:
"(h) In primaries, the ballot labels containing the names of candidates seeking nomina tion by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking election nomination in a nonpartisan primary for state and county judicial offices and the heading and arrangement of such candidates shall be as pre scribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate por tion shall be printed in prominent type the words 'OFFICIAL NONPARTISAN PRIMARY BALLOT.'"
SECTION 8. Said title is further amended by striking in its entirety Code Section 21-2-382, relating to utilization of the courthouse or courthouse annex as an additional registrar's office or place of registration in certain counties, and inserting in lieu thereof the following:
"21-2-382.
(a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of regis tration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385. (b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385."
SECTION 9. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-384 and inserting in lieu thereof a new subsection to read as follows:
"(c) The oaths referred to in subsection (b) 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, 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 resi dence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee bal lot, nor will I mark or mail another absentee ballot for voting in such primary or elec tion; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot.

Elector's Residence Address

Elector's Place <rf Birth

2020
Month and Day of Elector's Birth

JOURNAL OF THE HOUSE,

Maiden Nome ef- Mother ef Eteete*

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 such elector's absentee ballot as such elector personally communicated 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 provisions of subsection (a) of Code Section 21-2-409.
This, the ____ day of _______________, 19__.

Signature of Person Assisting Elector -- Relationship
Reason for assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has following physical disability 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. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee 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."
SECTION 10. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof a new subsection to read as follows:
"(b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropri ate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by him the independent candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of elec tion or run-off election."
SECTION 11. Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-495, relating to a recount or recanvass of votes, and inserting in lieu thereof a new subsection to read as follows:
"(d) Any other provision of this Code section to the contrary notwithstanding, a candi date for a federal or state office voted upon by the electors of more than one county^ except the offices ef Governor, Lieutenant Governor, Secretary ef State, Attorney Gen eral; State Seheel Superintendent; Commissioner of Insurance, Commiaaioncr ef Agricul ture, ad CommissieBef ef- Labor, may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office, and said recount or recanvass may be held at any time

TUESDAY, MARCH 14, 1995

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prior to the certification of the consolidated returns by the Secretary of State. A candi date for the office ef Governor, Lieutenant Governor, Secretary ef State, Attorney Gen eral, State School Superintendent, Commissioner ef- Insurance, Commissioner efAgriculture, er Commissioner ef Labor may petition the Constitutional Officers Election DOQPt ior ft recount OF tecfltiv&88 01 votes} fts flpproppistet wnen rt flppcors tnst ft uis~ crcponcy er erref; although net apparent en the faee ef- the returns, has bee made. The oons titutionfri vJiticers EJlection ooftrtt moy OPO.CF, IR its discretion, ft rccomrt or
recount OP fccflnvsss nifty "De neni ftt ftny time pwor to tne cei*1111cfltion or *tte returns fey the Constitutional Officers Election Board. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition pursuant to this Code section shall be in writing and signed by the person or persons requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The Secretary of State er the Constitutional Officers Election Beared as appropriate, may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes."
SECTION 12. Said title is further amended by striking in its entirety paragraph (4) of Code Section 21-2-497, relating to consolidated returns of elections, and inserting in lieu thereof a new paragraph to read as follows:
"(4) One copy to be returned as follows: ^AJ IR tne cflse of election TOP oovernor, i~jieuten&nt vrovetnOP oeeretftpy of btftte, Attorney General, State School Superintendent, Commisaiener ef Insurance, Com missioner ef Agriculture, a*d Commissioner ef Labor, the returns shall be sealed fey the superintendent separately from ether returns and shall be transmitted immcdi-
(B) In the case of election of federal and state officers, except those officers named subporagraph {A} ef this paragraph, a separate return showing totals of the votes cast for each of such officers respectively shall afee be forwarded by the superin tendent to the Secretary of State on forms furnished by the Secretary of State; {>(B) In the case of elections for any county officer or other officer required by law to be commissioned by the Governor in any of the several counties of this state, it shall be the duty of the superintendent to transmit immediately to the Secretary of State a certified copy of the returns of all such offices; {B)(C) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; {E)(D) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; or {P)(E) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State."
SECTION 13. Said title is further amended by striking in its entirety Code Section 21-2-498, relating to the Constitutional Officers Election Board, and inserting in lieu thereof the following:
"21-2-498.

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JOURNAL OF THE HOUSE,

Reserved."
SECTION 14. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-499, relating to duties of the Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers, and inserting in lieu thereof a new sub section to read as follows:
"(a) Upon receiving the certified returns of any election from the various superintend ents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph 4B) (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presi dential electors and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes."
SECTION 15. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-502, relating to certificates of election and commission and proclamation as to consti tutional amendments, and inserting in lieu thereof a new subsection to read as follows:
"(a) Governor and other constitutional officers. The persons receiving the required nui&i&e? OT votes to fte elected to trie respective onices ii&meu m 9uDp&pflpflpn \A/ oi paragraph {4} ef- Code Section 21-2-407 shall be declared elected thereto, and- certificates
tfJrCr tni1tnvf*it/inf\ij"i>i EnVsiiinulili \u-\ur iiitiitnturlun \u\iyr ftVu>nt vOuniri>ontfiii+/unif/iinunnnuli vO/fifiimtvu-yrgs m TT.v1nc<~utiur>ini TU^IJrQmTrTHC cnurtiful iisnsnunururl. TtrO>
each person s elected. The Upon completing the tabulation of any election for Gover nor, Lieutenant Governor, Secretary of State, Attorney General, State School Superin tendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Secretary of State shall lay the certified returns filed with hi r her by the Constitutional Officers Election Bewd- same before the Governor upon his or her oath of office as Governor; and the Governor, upon the other constitutional officers taking their oaths of office, shall issue a commission under the great seal of the State of Geor gia signed by the Governor and countersigned by the Secretary of State, to each such person. The Secretary of State shall issue the commission to the person elected Gover nor."
SECTION 16. Said title is further amended by striking in its entirety Code Section 21-2-522, relating to grounds for election contests, and inserting in lieu thereof a new Code section to read as follows:
"21-2-522.
A result of a primary or election may be contested on one or more of the following grounds:
(1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result; (2) Reserved When the defendant is ineligible for the nomination or office in dispute; (3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result; (4) For any error in counting the votes or declaring the result of the primary or elec tion, if such error would change the result; (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election."
SECTION 17. Said title is further amended by striking in its entirety subsection (d) of Code Section 21-2-527, relating to judgments in election contests, and inserting in lieu thereof a new subsection to read as follows:

TUESDAY, MARCH 14, 1995

2023

"(d) Whenever the court trying a contest shall determine that the primary, e* election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, er election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, e* election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, e* election, or runoff to be conducted among all of the same candidates who participated in the original primary, e* election, or runoff to fill such nomination or office which was declared invalid."
SECTION 18. Said title is further amended by striking in its entirety subsection (d) of Code Section 21-3-284, relating to absentee ballots and supplies, and inserting in lieu thereof a new sub section to read as follows:
"(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 absentee ballot; that I have not marked or mailed any other absentee ballot; nor will I mark or mail another absentee ballot for voting in such primary or election, nor shall I vote there in person; and that I have read and understand the instructions accompanying this ballot and that I have carefully com plied with such instructions in completing this ballot.

Elector's Residence Address

Month and Day of Elector's Birth

Elector's P4aee efBirth
Maiden Nameef-
f\f

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 such elector's absentee ballot as such elector personally communicated such elector's preference to me, that I am satisfied that such elector presently pos sesses the disability noted below, and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-3-318. This, the _____ day of ___________, 19__.

Signature of Person Assisting Elector -- Relationship
Reason for assistance (check appropriate square):
( ) Elector is unable to read the English language.

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JOURNAL OF THE HOUSE,

( ) Elector has the following physical disability __
The forms upon which such oaths are printed shall contain the following language: Georgia law provides that no person shall assist more than ten electors in any primary or election. (Subsection (c) of Code Section 21-3-318.) Georgia law further provides that any person violating the Georgia Municipal Election Code shall be guilty of a misdemeanor."
SECTION 19. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-317, relating to poll watchers, and inserting in lieu thereof a new subsection to read as follows:
"(b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers for each precinct, to be selected by the appropri ate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairman chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by fei the independent candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of elec tion or run-off election."
SECTION 20. Said title is further amended by striking in its entirety Code Section 21-3-422, relating to grounds for election contests, and inserting in lieu thereof a new Code Section to read as follows:
"21-3-422.
A result of a primary or election may be contested on one or more of the following grounds:
(1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result; (2) Reserved When the defendant is ineligible for the nomination or office in dispute: (3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result; (4) For any error in counting the votes or declaring the result of the primary or elec tion, if such error would change the result; (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election."
SECTION 21. Said title is further amended by striking in its entirety subsection (d) of Code Section 21-3-427, relating to judgments in election contests, and inserting in lieu thereof a new subsection to read as follows:
"(d) Whenever the court trying a contest shall determine that the primaryj er electiont or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primaryz r election^ or runoff for such nomination, office, or eligibility, such court shall declare the primary^ ef electionz or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primaryj er election or runoff to be conducted among all of the same candidates who participated in the original primaryj or election or runoff to fill such nomination or office which was declared invalid."
SECTION 22. All laws and parts of laws in conflict with this Act are repealed.

The following amendments were read and adopted:

TUESDAY, MARCH 14, 1995

2025

Representative Irvin of the 45th moves to amend the Committee substitute to SB 193 as follows:
On line 23, page 9, reinsert struck language as follows, "Elector's Place of Birth"
On line 26, page 9, reinsert struck language as follows, "Maiden Name of Mother of Elector".

Representatives Irvin of the 45th, Woods of the 32nd, Coker of the 31st and Holmes of the 53rd move to amend the Committee substitute to SB 193 as follows:
On line 28, page 8, change period after "21-2-385" to a comma, and add the following:
"provided that any such site is a branch of the county courthouse, a courthouse annex, or a government service center providing general government services."

The following amendment was read and lost:

Representative Woods of the 32nd moves to amend the Committee substitute to SB 193 by striking in its entirety line 28 of page 1 and inserting in lieu thereof the following:
"order to conduct a second runoff in certain circumstances; to provide that an unsuc cessful contestant shall be liable for attorney's fees; to provide for collection;".
By inserting following line 23 of page 15 the following:
"SECTION 17A.
Said title is further amended by striking Code Section 21-2-529, relating to liability for costs and collection procedures in contested elections, and inserting in lieu thereof a new Code section to read as follows:
'21-2-529.
The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election is confirmed, the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs and attorney's fees; and, if the judgment is against the defendant or the result of the primary or election is set aside, he or she shall pay the costs at the discretion of the court. After entry of judgment, the costs and attorney's fees when allowed may be collected by attachment or otherwise.'"
By inserting following line 28 of page 18 the following:
"SECTION 21A.
Said title is further amended by striking Code Section 21-3-430, relating to liability for costs and collection procedures in contested elections, and inserting in lieu thereof a new Code section to read as follows:
'21-3-430.
The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election is confirmed, the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs and attorney's fees; and, if the judgment is against the defendant or the result of the primary or election is set aside, he or she shall pay the costs at the discretion of the court. After entry of judgment, the costs and attorney's fees when allowed may be collected by attachment or otherwise.'"

The following amendment was read and adopted:

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Representative Woods of the 32nd moves to amend the Committee substitute to SB 193 by striking in its entirety line 27 of page 1 and inserting in lieu thereof the following:
"primary or election may be contested; to provide for a rebuttable presumption regard ing a vote by a person who has been listed for ten years or longer despite an unsigned voter registration card in certain circumstances; to provide for a court".
By inserting following line 6 of page 15 the following:
"SECTION 16A.
Said title is further amended by inserting a new Code section to be designated Code Sec tion 21-2-522.1 to read as follows:
'21-2-522.1.
Notwithstanding any other provisions of this chapter, for the purposes of election con tests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility requirements of Code Section 21-2-216. For such a voter, there shall be a rebuttable pre sumption that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card.'"
By inserting following line 11 of page 18 the following:
"SECTION 20A.
Said title is further amended by inserting a new Code section to be designated Code Sec tion 21-3-422.1 to read as follows:
'21-3-422.1
Notwithstanding any other provisions of this chapter, for the purposes of election con tests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility requirements of Code Section 21-3-122. For such a voter, there shall be a rebuttable pre sumption that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card.'"

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
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 Brown, G
N Brown, J Brush Buck Buckner
N Bunn N Burkhalter Y Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers

N Coker Y Coleman, B
Coleman, T Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings Y Davis, G Davis, M N Day Y DeLoach, B DeLoach, G Y Dix

Dixon, H Y Dixon, S
Dobbs Y Ehrhart Y Epps
Evans Y Falls Y Felton
Floyd Y Godbee Y Golden
Goodwin Y Greene
Grindley Y Banner

Y Harbin Y Harris Y Hart Y Heard Y Heckstall Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin Y James

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2027

Jamieson Y Jenkins Y Johnson, G Y Johnson, J N Johnston Y Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd N Lakly
Lane Y Lawrence YLee Y Lewis N 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 Parham Y Parrish N Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter
Poston

Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers
Royal Y Sanders N Sauder
Scoggins Y Shanahan YShaw Y Sherrill
Shipp Y Simpson Y Sinkfield
Skipper

Y Smith, C N Smith, C.W
Smith, L Y Smith, P Y Smith, T N Smith, V N 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 Y Teper Y Thomas

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

On the passage of the Bill, by substitute, as amended, the ayes were 117, nays 19.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following Committee substitute was read:

A BILL
To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for legislative findings relating to nonjudicial tax foreclosure proce dures; 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 the form of the tax foreclosure petition; 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; to provide the form of the tax deed; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended by adding at the end thereof a new Article 5 to read as follows:
"ARTICLE 5
48-4-75.
The General Assembly finds that the nonpayment of ad valorem taxes by property own ers effectively shifts a greater tax burden to property owners willing and able to pay their share of such taxes, that the failure to pay ad valorem taxes creates a significant barrier to neighborhood and urban revitalization, that significant tax delinquency creates barriers to marketability of the property, and that nonjudicial tax foreclosure procedures are inefficient, lengthy, and commonly result in title to real property which is neither marketable nor insurable. In addition, the General Assembly finds that tax delinquency in many instances results in properties which present health and safety hazards to the public. Consequently, the General Assembly further finds that the alternative to nonju dicial tax foreclosure procedures authorized by this article is an effective means of elimi nating health and safety hazards by putting certain tax delinquent properties back on the tax rolls and into productive use.
48-4-76.
(a) In addition to any other rights and remedies provided under state law for the enforcement of tax liens by the State of Georgia and its counties and municipalities, such governmental entities may proceed with judicial in rem tax foreclosures for delin quent taxes in accordance with the provisions of this article by enactment of an ordi nance or resolution of the governing authority of the county in which the property is located. (b) Proceedings in accordance with this article are designed solely to enforce the lien for ad valorem taxes against the property subject to such taxation and shall not constitute an action for personal liability for such taxes of the owner or owners of such property. (c) The rights and remedies set forth in this article are available solely to the govern mental entities authorized by law to collect ad valorem taxes and shall not extend to any transferee of tax executions or tax liens.
48-4-77.
As used in this article, the term: (1) 'Interested party' means: (A) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards of the State Bar of Georgia; (B) Those parties having filed a notice in accordance with Code Section 48-3-9; and (C) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records main tained in the county courthouse or by the clerk of the court. 'Interested Party" shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected. (2) 'Redemption amount' means the full amount of the delinquent ad valorem taxes, accrued interest at the rate specified in Code Section 48-2-40, penalties determined in accordance with Code Section 48-2-44, and costs incurred by the governmental entity in collecting such taxes including without limitation the cost of title examination and publication of notices.
48-4-78.
(a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or other tax collector, as appropriate, may identify those properties on which to com mence a tax foreclosure in accordance with this article. The tax commissioner or other

TUESDAY, MARCH 14, 1995

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tax collector, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent. (b) The tax commissioner or other tax collector, as appropriate, shall file a petition with the superior court of the county in which the property is located, which petition shall have form and content substantially identical to that form as provided in subsection (g) of this Code section. When the subject property is located in more than one taxing juris diction, the entity filing the petition shall identify in the petition only those portions of such property lying within the jurisdiction of the taxing authority of the petitioner. (c) The petition shall be filed against the property for which taxes are delinquent and shall provide:
(1) The identity of the petitioner and the name and address of the individual respon sible for collecting the delinquent taxes; (2) The property address; (3) A description of the property; (4) The tax identification number of the property; (5) The calendar year or years for which the taxes are delinquent; (6) The principal amount of the delinquent taxes together with interest and penalties; and (7) The names and addresses of parties to whom copies of the petition are to be sent in accordance with subsection (d) of this Code section. (d) The petitioner shall mail copies of the petition by certified mail, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the petition shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property. (e) Simultaneous with the filing of the petition, the petitioner shall cause notice of the petition to be filed in the appropriate lis pendens docket in the county in which the property is located. (f) Within 30 days of the filing of the petition, the petitioner shall cause a notice of the filing of the petition to be published on two separate dates in the official organ of the county in which the property is located. Such notice shall specify: (1) The identity of the petitioner and the name and address of the individual respon sible for collecting the delinquent taxes; (2) The property address; (3) A description of the property; (4) The tax identification number of the property; (5) The applicable period of tax delinquency; (6) The principal amount of the delinquent taxes together with interest and penalties; and (7) The date and place of the filing of the petition. (g) The petition for ad valorem tax foreclosure shall be written or printed, or written in part and printed in part, and shall be in substantially the following form:

SUPERIOR COURT OF _______COUNTY STATE OF GEORGIA

Petitioner:

)

TAX COMMISSIONER/TAX COLLECTOR )

(Name, Address, Telephone Number)
vRespondents: ___ ACRES OF LAND LYING AND BEING IN LAND LOT

) ) ) ) Case No.: ), )

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______, DISTRICT ______

)

COUNTY, GEORGIA; )

AND ____________

)

_______________ (Insert name and mailing address of owner of property.)

PETITION FOR AD VALOREM TAX FORECLOSURE COMES NOW (Petitioner) and petitions this Court for an in rem tax foreclosure by showing this Court as follows:

1. _______________________ is the owner of certain real property located at ________________________(the 'Property') having a tax identifica tion number of ____________. (A legal description of the Property is attached hereto as Exhibit 'A' and by this reference incorporated herein).

2. The ad valorem taxes assessed against the Property by City/County of ________ for the year(s) ___ in the amount of $_____ (amount includes principal amount of taxes owed and any accrued interest and penalties as of this date) have
not been paid.

3. Attached hereto as Exhibit 'B' is a list of the names and addresses of Interested Parties also receiving a copy of this Petition by certified mail return receipt
requested.

4.

and

_________ as

occupants of the respondent Property shall be served by mailing the petition by

first-class mail to the attention of the occupants at the above-listed Property

address.

5. The Petition has also been posted on the Property in accordance with Code Section 48-4-78 of the Official Code of Georgia Annotated.

6. Simultaneously with the filing of this Petition, Petitioner has filed a lis pendens. WHEREFORE, Petitioner demands (1) a hearing in the Superior Court of ___________ County (the 'Court') and (2) a judgment by the Court stating that (a) the taxes for the Property are delinquent and (b) that Notice has been given to all Interested Parties, and ordering that the Property may be sold at public outcry pursu ant to Code Section ________ of the Official Code of Georgia Annotated.

TAX COMMISSIONER/TAX COLLECTOR City/County of _______________
By:____________________________ Its:___________________________
NOTICE TO RESPONDENTS AND ALL INTERESTED PARTIES This Petition serves as notice to the Respondents and all Interested Parties that (1) each party is presumed to own or have a legal interest in the Property, (2) that fore closure proceedings have been commenced because of the failure to pay the real prop erty taxes cited above, and (3) foreclosure will result in the loss of ownership of the Property and all rights or interests of all Interested Parties. To avoid loss of ownership or any interest in the Property, payment of the full amount of taxes, penalties, interest, and costs must be paid to the _____________ office located at ________________________ by ____________ date. Respondents and all Interested Parties are also reminded that each of you may wish to contact an attorney to protect your rights.

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A Hearing on the above matter shall take place in the Superior Court of ___________ County no earlier than 30 days after the filing of this Petition. To determine the exact time and date of such hearing, please call Clerk of Superior Court of ________ County. This _____ day of ____________, __.

Deputy Clerk Superior Court of ________ County
EXHIBIT A Description of the Property

Together with all rights, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the year(s) for the taxes being foreclosed.
EXHIBIT B Names and Addresses of Interested Parties
48-4-79. (a) The petitioner shall request that a judicial hearing on the petition occur not earlier than 30 days following the filing of the petition. At such hearing any interested party shall have the right to be heard and to contest the delinquency of the taxes or the ade quacy of the proceedings. If the superior court determines that the information set forth in the petition is accurate, the court shall render its judgment and order that:
(1) The taxes are delinquent; (2) Proper notice has been given to all interested parties; (3) The property as described in the petition be sold in accordance with the provi sions of this article; and (4) The sale shall become final and binding 60 days after the date of the sale in accordance with Code Section 48-4-81. (b) The order of the superior court shall provide that the property be sold free and clear of all liens, claims, and encumbrances other than: (1) Rights of redemption provided under federal law; (2) Tax liens held by Georgia governmental entities other than the petitioner which are superior to the taxes identified in the petition by virtue of the provisions of sub section (b) of Code Section 48-2-56; (3) The holders of easements and rights-of-way described in Code Section 48-3-9; and (4) The holders of the benefits or burdens of any real covenants filed of record as of the date of filing of the petition. (c) If, upon production of evidence to the court by any party, it is determined by the court that any interested party died within the six-month period of time immediately preceding the filing of the petition, the court may postpone the hearing, for a period of up to six months, to allow the administrator or executor of the estate adequate time to close the estate.
48-4-80. (a) At any point prior to the moment of the sale, any interested party may redeem the property from the sale by payment of the redemption amount. Payment shall be made to the petitioner. Following receipt of such payment, the petitioner shall file for dismis sal of the proceedings.

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(b) In the event of such payment by the owner of the subject property, the proceedings shall be dismissed and the rights and interests of all interested parties shall remain unaffected. (c) In the event of such payment by any interested party other than the owner, the party accomplishing such payment shall possess a lien on the property for the full amount of such payment, which lien shall have the same priority as the lien for the delinquent taxes. Such lien holder shall have the right to enforce such lien as permitted to the holder of any lien under existing law. Such lien holder shall not otherwise succeed to the rights of the petitioner as described in this article.

48-4-81.
(a) Following the hearing and order of the superior court in accordance with Code Sec tion 48-4-79, a sale of the property shall be advertised and conducted on the date, time, place, and manner which are required by law of sheriffs' sales. Such sale shall not occur earlier than 45 days following the date of issuance of such order of the superior court. (b) Except as otherwise authorized by law, the minimum bid price for the sale of the property shall be the redemption amount. In the absence of any higher bid, the peti tioner may, but shall not be obligated to, tender its own bid in an amount equal to the minimum bid price and thereby become the purchaser at the sale. (c) From and after the moment of the sale, the sale shall be final and binding, subject only to the right of the owner of the property to redeem the property from the sale upon payment into the superior court of the full amount of the minimum bid price of the sale. Such right of redemption of the owner shall exist for a period of 60 days from and after the date of the sale and shall be in accordance with the following provisions:
(1) Redemption by an owner in accordance with this subsection shall result in a dis missal of the proceedings. Immediately following such redemption by an owner, if the property was sold to a third party at the sale, the petitioner shall refund to such pur chaser the full amount paid by such purchaser at the sale; (2) For purposes of redemption under this subsection, 'owner' shall mean the owner of record of fee simple interest in the property as of the date of filing of the petition, together with such owner's successors-in-interest by death or operation of law. This right of redemption shall not otherwise be transferable; and (3) This right of redemption shall automatically terminate and expire upon failure to redeem in accordance with the provisions of this subsection within the 60 day period following the date of the sale. (d) If the property is not redeemed by the owner in accordance with subsection (c) of this Code section, then within 90 days following the date of the sale, the petitioner shall cause to be executed on behalf of the petitioner and delivered to the foreclosure sale purchaser a deed for the property in substantially the form set forth in subsection (g) of this Code section, together with such real estate transfer tax declaration forms as may be required by law. (e) Within 90 days following the date of the sale, the petitioner shall file a report of the sale with the superior court, which report shall identify whether a sale took place, the foreclosure sale price, and the identity of the purchaser. (f) In the event that the foreclosure sale price exceeds the minimum bid amount at the foreclosure sale, the petitioner shall deposit into the registry of the superior court the amount of such surplus. Such surplus shall be distributed by the superior court to the interested parties, including the owner, as their interests appear and in the order of pri ority in which their interests exist. (g) The form of the deed provided for in subsection (d) of this Code section shall be substantially as follows:

When recorded, please return to: _______________________

CROSS-REFERENCE: Deed Book ___, page ___, _______County, Georgia Records

STATE OF GEORGIA

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COUNTY OF _______
TAX DEED This indenture (the 'Deed') made this _____ day of ___________, _____, by and between __________, a __________ ('Grantor') and _____________, a _____________ ('Grantee').
WITNESSETH WHEREAS, on the _____ day of ____________, ____, during the legal hours of sale, Grantor did expose for sale at public outcry to the highest bidder for cash before the courthouse door in ________ County, Georgia, the Property (as hereinafter defined) at which sale Grantee was the highest and best bidder for the sum of $_________ and the Property was then and there knocked off to Grantee for said sum. The sale was made by Grantor pursuant to and by virtue of the power and authority granted to it in that certain Order granted __________, ____, Case No. _____, Superior Court of _______ County, Georgia (the 'Order'). Said sale was made after advertising the time, place, and terms thereof in the _________________, published in ____________, Georgia, in the aforesaid county, and being the publication in which Sheriffs advertisements for said county are now published, once a week for four consecutive weeks prior to said sale on the _____, ______, ______, and ___ of ______, ______, and said advertisement in all respects complied with the requirements of Code Section _________ of the Official Code of Georgia Annotated. Notice of the time, place, and terms of the sale of the Property was given pursuant to Code Section _________ of the Official Code of Georgia Annotated. Said sale was made for the purpose of paying the ad valorem taxes owed to __________________, the interest and penalties on said indebtedness, the expenses of the sale including attor neys' fees, all of which were mature and payable because of failure of the owner to pay the ad valorem taxes owed. NOW, THEREFORE, Grantor, acting under and by virtue of the Order and pursuant to Code Section ________ of the Official Code of Georgia Annotated, for and in consideration of the facts hereinbefore recited, has bargained, sold, and conveyed and does hereby bargain, sell, and convey unto Grantee, its successors and assigns, the fol lowing described property (herein referred to as the 'Property'); to wit:
All that tract or parcel of land lying and being in Land Lot _____ of the _____ District, _______ County, Georgia, and being more particularly described on Exhibit 'A' attached hereto and by this reference made a part hereof. This Deed is given subject to all restrictions and easements, if any, to which the Deed is junior and inferior in terms of priority, and any and all tax liens which pursuant to subsection (b) of Code Section 48-2-56 of the Official Code of Georgia Annotated are superior to the rights conveyed herein relating to the Property. TO HAVE AND TO HOLD, the Property unto Grantee, its successors and assigns in fee simple. IN WITNESS WHEREOF, Grantor, has caused its duly authorized officer to sign and seal this Deed as of the day and year first above written.

Signed, sealed, and delivered in the presence of:

Unofficial Witness
Notary Public Commission Data:

By: ___________(SEAL) Its:

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(NOTARIAL SEAL)

EXHIBIT A Description of the Property

Together with all right, title, and interest running with the above-described property but not taxed under a separate tax reference number as delineated on the tax maps of the petitioner for the year(s) for the taxes being foreclosed."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:
Representatives Kinnamon of the 4th, Chambless of the 163rd and Reichert of the 126th move to amend the Committee substitute to SB 338 by striking line 13 of page 2 and inserting in lieu thereof the following:
"which the property is located. Any such ordinance or resolution may set forth criteria for selection of properties to be subject to the provisions of this article.".
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 123, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:
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 Senate has agreed to the House substitute as amended by the Senate to the fol lowing bill of the Senate:

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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.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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.

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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

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.

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.

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.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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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.

The Senate has disagreed to the House substitute to the following bill of the Senate:

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.

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

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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

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".

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.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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 firelighter standards and training, so as to change the pro visions relating to qualifications of firefighters generally.

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2037

HB 765. By Representatives Martin of the 47th, Childers of the 13th, Skipper of the 137th 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.

HB 134. By Representatives Walker of the 141st, McKinney of the 51st, Smith of the 175th and others:
A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Anno tated, relating to elementary, secondary, and adult education, so as to pro vide that 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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Perdue of the 18th, Tysinger of the 41st and Oliver of the 42nd.

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 Senate and has instructed me to report the same back to the House with the following recommendations:
SB 120 Do Pass SB 408 Do Pass
Respectfully submitted, /s/ Chambless of the 163rd
Chairman

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

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Mi. Speaker:
Your Committee on Special Judiciary has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the follow ing recommendation:
SB 79 Do Pass, by Substitute
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 805 Do Pass, by Substitute
Respectfully submitted, /s/ 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 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.

The following Committee substitute was read and adopted:

A BILL
To provide that the governing authority of Richmond County shall be a board of commis sioners consisting of a chairperson-mayor and ten members; to designate the board as the Augusta-Richmond County Commission-Council and the members of the board as commissioners-councilpersons; to provide that the commission-council shall exercise the rights, powers, and duties as the governing authority of Richmond County with both county and municipal powers; to provide for the election of the chairperson-mayor and the members of the commission-council; to provide for commission-council districts; to provide for the members of the board of commissioners of Richmond County and the mayor and councilmembers of the City of Augusta and, if a certain Act is approved in a referendum, the board of commissioners of the City of Hephzibah; to provide for qualifications of the chairperson-mayor and commissioners-councilpersons; to provide for terms of office; to provide that the chairperson-mayor shall be the chief executive officer of the AugustaRichmond County Commission-Council; to provide for compensation for the chairpersonmayor, the vice chairperson-mayor pro tempore, and the other members of the commission-council; to provide for the executive and administrative powers and duties of the chairperson-mayor; to provide for filling vacancies; to provide for a vice chairpersonmayor pro tempore; to provide for a quorum; to provide for the payment of bonded

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indebtedness of Richmond County and the City of Augusta and, if a certain Act is approved in a referendum, the City of Hephzibah; to create an Urban Services District or Districts and a Suburban Services District; to provide that such districts shall continue in existence until the commission-council modifies or abolishes such districts by ordinance; to provide for the continuation of existing ordinances and resolutions of the board of com missioners of Richmond County and of cities therein; to provide for a budget and tax levy by the board of commissioners of Richmond County and the governing authorities of cer tain cities therein for the 1996 calendar year; to provide that tax assessments made by the board of tax assessors of Richmond County and certain cities therein shall constitute the basis for the assessment and collection of taxes of the commission-council for the 1996 cal endar year; to provide that the tax levy in 1996 for certain cities shall be levied by the commission-council only within certain Urban Services Districts; to provide for the cre ation of special services tax districts; to provide that ad valorem taxes and service charges and fees shall be collected according to the kind, character, type, and degree of district services provided by the commission-council within such special services tax districts; to provide for amendments to the budget for the 1996 calendar year; to provide that any spe cial services district existing in Richmond County or in certain cities therein prior to 1996 shall continue to exist until modified or abolished by the commission-council; to provide for the retention of pension rights; to provide that this Act shall not result in and shall not be implemented to result in the termination of any employees of Richmond County or certain cities therein; to provide that the sheriff of Richmond County shall be the chief law enforcement officer in Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of the former city police departments and the Richmond County Sheriffs Department; to provide that the chief of the Augusta Fire Department shall be the chief firefighter throughout Richmond County; to provide for the utilization of facilities, equipment, vehicles, records, and personnel of city fire departments and the Richmond County Fire Department; to provide for departments, agencies, com missions, authorities, and other entities and the heads, members, and personnel thereof; to provide for the Municipal Court of the City of Augusta and the continued existence and jurisdiction thereof; to provide for a law department; to provide for equal opportunities for employment and promotion to all persons regardless of race, sex, religion, creed, color, or national origin; to provide for minority economic development and business; to provide for construction of certain Acts; to create a transition task force; to provide for the duties and responsibilities of the transition task force and the board of commissioners of Rich mond County and the governing authorities of cities therein; to provide for cooperation of all officers, officials, and employees of Richmond County and the City of Augusta and the City of Hephzibah with the transition task force; to provide for the examination of all records, files, and other data of Richmond County and the City of Augusta and the City of Hephzibah by the transition task force; to provide that the transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city council of Augusta and the board of com missioners of the City of Hephzibah; to provide that members of the transition task force shall receive no compensation for their services as such members; to provide for other mat ters relative to the foregoing; to provide for the conditions under which this Act shall become effective; to provide for a referendum; to provide for conditional and other effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI
SECTION 1. The governing authority of Richmond County shall be a board of commissioners of said county. Said board is designated as the Augusta-Richmond County Commission-Council, referred to in this Act as the "commission-council." The chief executive officer of said board is designated and referred to in this Act as the "chairperson-mayor" and the other members of said board are designated and referred to in this Act as "commissionerscouncilpersons." The board shall consist of a chairperson-mayor and ten commissionerscouncilpersons. The commission-council shall exercise and be subject to all of the rights,

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powers, duties, and obligations imposed by this Act or previously applicable to the govern ing authorities of the City of Augusta and Richmond County, and the City of Hephzibah if consolidated with the government of Richmond County as authorized by this Act, and to any general laws, local law, or constitutional provisions applicable or effective within the former City of Augusta, the former City of Hephzibah if consolidated with the government of Richmond County as authorized by this Act, and Richmond County. The commissioncouncil shall constitute a county as well as a municipality for the purpose of the applica tion of the general laws and Constitution of this state. The consolidated government shall have a municipal form of government. The commission-council may exercise the powers vested in the governing authority of the municipality or municipalities and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally.
SECTION 2. (a)(l) For the purpose of electing members of the commission-council, Richmond County is divided into ten commission-council districts as follows:
Commission-Council District: 1 RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 (Part) Tract: 0007. Block(s): 112, 113, 114, 115, 117, 118, 125, 126, 128, 129, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 319, 320, 323, 324, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 419, 420, 421, 422 Tract: 0009. Block(s): 101, 102, 103, 201, 202, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 401, 404, 405, 406, 407 Tract: 0015. Block(s): 101A, 103, 307, 308, 309 Tract: 0106. Block(s): 902A, 902B, 902C, 906A, 906B, 907, 915A, 915B, 917, 918, 919, 920A VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0019 7 (Part) Tract: 0001. Block(s): 209, 210, 211, 302, 303, 304, 305, 409, 410, 413 VTD: 0020 7A VTD: 0021 8 (Part) Tract: 0001. Block(s): 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A (Part) Tract: 0016. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 219A, 233 VTD: 0026 85-1
Commission-Council District: 2 RICHMOND COUNTY VTD: 0003 2 (Part) Tract: 0009. Block(s): 402, 403, 408, 409, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 601, 605 VTD: 0005 3 (Part) Tract: 0009. Block(s): 602, 606, 607, 608, 609, 610, 612, 613

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Tract: 0010. Block(s): 122, 201, 202, 203, 204, 205, 206, 207, 208, 209, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 419, 420, 422, 423, 430, 431, 432, 433, 434, 435, 440, 441, 444
VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0039 88-1 VTD: 0042 88-4 VTD: 0044 88-6
Commission-Council District: 3 RICHMOND COUNTY VTD: 0005 3 (Part) Tract: 0010. Block(s): 406, 415, 416, 417, 418, 428, 429, 436, 437, 438, 439, 442 VTD: 0015 6 (Part) Tract: 0011. Block(s): 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 201, 202, 203, 204, 205, 206 Tract: 0012. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 512, 513 VTD: 0017 6B VTD: 0019 7 (Part) Tract: 0001. Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 212, 213, 301, 411, 412 Tract: 0002. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311 Tract: 0011. Block(s): 101, 102, 103, 104, 105, 209, 210, 211, 212, 213, 214, 215, 216, 217, 301, 302, 303, 310, 311, 312, 315 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414 Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 605, 606, 607, 608 VTD: 0022 8A (Part) Tract: 0011. Block(s): 207, 208 Tract: 0012. Block(s): 601, 602, 603, 604, 609, 610, 611, 612, 613, 614, 615, 901B Tract: 0016. Block(s): 101, 102, 111, 112, 113, 114, 115, 116, 117, 118, 119, 202A, 205, 206, 207A, 208A, 209, 212, 213A, 215, 216, 217, 218, 226A, 227A VTD: 0046 89-1 VTD: 0051 89-6 VTD: 0055 89-10 VTD: 0058 90-3 VTD: 0060 90-5 (Part) Tract: 0016. Block(s): 301, 317, 318, 324, 327, 501, 502, 503B, 504, 513, 515, 516, 517, 901B, 901C

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Tract: 0101.05 Block(s): 525, 526, 527, 528, 529, 530, 531, 532
Tract: 0102.01 Block(s): 402, 404, 418, 419, 420, 421, 422, 430, 431
Tract: 0102.03 Block(s): 401, 402, 403
Tract: 0102.04 Block(s): 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 901, 902, 903, 904, 905
Commission-Council District: 4 RICHMOND COUNTY 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): 103, 104, 105, 106, 107, 108, 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 Tract: 0107.04 Block(s): 101, 103, 148, 149, 150, 151, 152, 153, 154 Tract: 0108. Block(s): 901F VTD: 0049 89-4 VTD: 0053 89-8
Commission-Council District: 5 RICHMOND COUNTY VTD: 0006 3A VTD: 0007 3B VTD: 0015 6 (Part) Tract: 0012. Block(s): 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 501, 506, 507, 508, 509, 510, 511, 901A Tract: 0013. Block(s): 207, 208, 210, 211, 212, 213, 214, 215, 216, 225A VTD: 0016 6A VTD: 0018 6C VTD: 0021 8 (Part) Tract: 0012. Block(s): 402, 616 VTD: 0023 8B VTD: 0024 8C VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0043 88-5 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0052 89-7
Commission-Council District: 6 RICHMOND COUNTY VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 401 VTD: 0031 86-3 (Part)

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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, 244, 245, 246, 247
VTD: 0032 86-4 (Part) Tract: 0107.04 Block(s): 102, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 155, 156, 157, 158, 159, 160, 161, 162, 163
VTD: 0035 86-7 VTD: 0036 86-8 (Part)
Tract: 0107.06 Block(s): 106, 107, 108, 109, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306
VTD: 0050 89-5 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 VTD: 0068 FG6
Commission-Council District: 7 RICHMOND COUNTY VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0059 90-4 VTD: 0060 90-5 (Part) Tract: 0102.01 Block(s): 401, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 426
Commission-Council District: 8 RICHMOND COUNTY VTD: 0029 86-1 VTD: 0030 86-2 (Part) Tract: 0105.10 Block(s): 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 Tract: 0105.11 Block(s): 202, 203, 204, 214, 215, 216, 217, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 321, 322, 323, 324, 325, 326, 414 VTD: 0031 86-3 (Part) Tract: 0107.05 Block(s): 239, 240, 241, 242, 243 VTD: 0033 86-5 VTD: 0034 86-6 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 936B, 941, 942, 943, 945, 946, 947, 948B, 949, 950, 951, 952, 953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 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,

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135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202 Tract: 0109.02 Block(s): 102 VTD: 0048 89-3
Commission-Council District: 9 A combination of Commission-Council Districts 1, 2, 4, and 5 as each is described in detail above by Tract, Block, and VTD.
Commission-Council District: 10 A combination of Commission-Council Districts 3, 6, 7, and 8 as each is described in detail above by Tract, Block, and VTD.
(2) For purposes of this subsection: (A) The terms "Tract," "Block," and "VTD" shall mean and describe the same geo graphical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term "Precinct" is synonymous with the term "voting precinct" and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any commission-council dis trict contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (D) Any part of Richmond County which is not included in any commission-council district described in this subsection shall be included within that commissioncouncil district contiguous to such part which contains the least population accord ing to the United States decennial census of 1990 for the State of Georgia; and (E) Any part of Richmond County which is described in this subsection as being included in a particular commission-council district shall nevertheless not be included within such commission-council district if such part is not contiguous to such commission-council district. Such noncontiguous part shall instead be included within that commission-council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(b) All members of the commission-council shall be full voting members of the commission-council. The chairperson-mayor shall be a member of the commissioncouncil. Except as otherwise provided in this Act, the chairperson-mayor shall have the right to vote only to make or break a tie vote on any matter. (c) No person shall be eligible to serve as a commissioner-councilperson unless he or she: (1) has been a resident of the commission-council district from which elected for a period of one year immediately prior to the date of the election; (2) continues to reside within the commission-council district from which elected during his or her term of office; (3) is a registered and qualified elector of Richmond County; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. No person who has served two consecutive full four-year terms of office as commissionercouncilperson shall again be eligible to hold office as commissioner-councilperson until after the expiration of four years from the conclusion of that person's last term of office as commissioner-councilperson. (d) No person shall be eligible to serve as chairperson-mayor unless he or she (1) has been a resident of the county for a period of one year immediately prior to the date of the election; (2) continues to reside within the county during his or her term of office;

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(3) is a registered and qualified elector of Richmond County; and (4) meets the qualifi cation standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. No person who has served two consecutive full four-year terms of office as chairperson-mayor shall again be eligible to hold office as chairperson-mayor until after the expiration of four years from the conclusion of that person's last term of office as chairperson-mayor, (e) The chairperson-mayor shall be paid an annual salary of $65,000.00, the vice chairperson-mayor pro tempore shall be paid an annual salary of $20,000.00, and each of the other commission-council members shall be paid an annual salary of $12,000.00. Future changes in the salary and expenses of such persons shall be effected in accord ance with the provisions of Code Section 36-35-4 of the O.C.G.A.
SECTION 3. (a) Those members of the board of commissioners of Richmond County, the mayor and those members of the city council of the City of Augusta, and the members of the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, who are serving as such on the date the implementation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, shall continue to serve as such members and officials until December 31, 1995. On and after the date all requirements for the implementation of this Act have been met and the imple mentation of this Act is permissible under the federal Voting Rights Act of 1965, as amended, no further elections shall be conducted to elect members of the board of com missioners of Richmond County and the mayor and members of the city council of the City of Augusta, and the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, and all elections for the members of the commission-council shall be conducted pursuant to this Act. Such mem bers of the board of commissioners of Richmond County and the mayor and members of the city council of the City of Augusta, and the board of commissioners of the City of Hephzibah if such city is consolidated with Richmond County as authorized by this Act, shall continue to receive the compensation to which they were entitled pursuant to local law or Code Section 36-35-4 of the O.C.G.A. until December 31, 1995.
(b)(l) One initial member of the commission-council shall be elected to represent each commission-council district in a special nonpartisan election, without a special pri mary, to be held on the Tuesday after the first Monday in November, 1995. Members elected in such special election shall take office on the first day of January immedi ately following their election. The member elected in each odd-numbered commissioncouncil district shall have an initial term of office of two years and until a successor is elected and qualified and the member elected in each even-numbered commissioncouncil district shall have an initial term of office of four years and until a successor is elected and qualified. Candidates in such special election shall not be listed on the ballot according to political party affiliation; and such special election shall be con ducted on a nonpartisan basis, without a special primary, and by plurality vote as pro vided in this section. Thereafter, successors to members of the commission-council shall be elected at a general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of their respective terms of office, shall be nominated and elected by plurality vote as provided in this section, shall take office on the first day of January immediately following the date of their election, and shall have terms of office of four years and until their respective succes sors are elected and qualified. Each member of the commission-council shall be elected by the electors residing within such member's commission-council district. (2) The vice chairperson-mayor pro tempore shall be a member of the commissioncouncil. (c) The initial chairperson-mayor shall be elected in a special nonpartisan election, with out a special primary, to be held on the Tuesday after the first Monday in November, 1995. Candidates in such special election shall not be listed on the ballot according to political party affiliation; and such special election shall be conducted on a nonpartisan basis, without a special primary, and by plurality vote as provided in this section. The person elected as chairperson-mayor at such special election shall take office on January

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1, 1996, for an initial term of office expiring on December 31, 1998, and until a successor is elected and qualified. Thereafter, each successor to the office of chairperson-mayor shall be elected at a general election to be held on the Tuesday following the first Mon day in November immediately preceding the expiration of a term of office, shall be nom inated and elected by plurality vote as provided in this section, shall take office on the first day of January immediately following the date of the election, and shall have a term of office of four years and until a successor is elected and qualified. The chairperson-mayor shall be elected on a county-wide basis by the electors of the entire county.
(d)(l) Except as otherwise provided in this section, all primaries and elections for the chairperson-mayor and members of the commission-council shall be in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code," as now or hereafter amended. All primaries and elections for such offices shall be conducted on a nonpartisan basis and candidates in any such primary or election shall not be listed on the ballot according to party affiliation. Any person who is a registered voter of Richmond County shall be eligible to vote in any election under this section. (2) As used in this paragraph, the term "plurality" means the receipt by one candi date alone of the highest number of votes cast in a primary or election among the can didates for the same office provided that such candidate receives at least 45 percent of the total number of votes cast in such primary or election for such office. If two or more candidates tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total number of votes cast for the office sought, there is no plurality. If no candidate receives a plurality of the votes cast in any such primary or election, there shall be a run-off primary or a run-off election which shall be called and conducted in the manner provided in Code Section 21-3-407 of the O.C.G.A.
SECTION 4. (a)(l) The chairperson-mayor shall be the chief executive officer of Richmond County and the City of Augusta. The chairperson-mayor shall possess and exercise the follow ing executive and administrative powers and duties:
(A) To preside at all meetings of the commission-council; (B) To serve as the official head of Richmond County and the City of Augusta for the service of process and for ceremonial purposes; (C) To administer oaths and to take affidavits; (D) To sign all written contracts entered into by the commission-council on behalf of Richmond County and the City of Augusta and all other contracts and instru ments executed by the county and city which by law are required to be in writing; (E) To ensure that all laws, ordinances, and resolutions of Richmond County and the City of Augusta are faithfully executed; and (F) To exercise such other powers and perform such other duties as may be required by ordinance or resolution of the commission-council. (2) The chairperson-mayor shall not be empowered to veto ordinances, resolutions, or other actions of the commission-council. (b) The members of the commission-council shall elect a vice chairperson-mayor pro ternpore at their first regular meeting in January, 1996, and at such meeting in each year thereafter. The vice chairperson-mayor pro tempore shall preside at commission-council meetings in the absence of the chairperson-mayor and perform such other duties as may be entrusted to the office of the vice chairperson-mayor pro tempore by action of the commission-council. The vice chairperson-mayor pro tempore shall continue to be a full voting member of the commission-council when serving in the capacity of vice chairpersonmayor pro tempore. No person who has served two consecutive full one-year terms of office as vice chairperson-mayor pro tempore shall again be eligible to hold office as vice chairperson-mayor pro tempore until after the expiration of one year from the conclusion of that person's last term of office as vice chairperson-mayor pro tempore. (c) At its first regular meeting in January of each even-numbered year, the commissioncouncil shall organize itself. The chairperson-mayor and the vice chairperson-mayor pro

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tempore shall recommend to the commission-council the appointment of such committees as they deem appropriate and the proposed membership thereof. If the chairperson-mayor and the vice chairperson-mayor pro tempore disagree on proposed appointments, the commission-council shall determine such appointments. All committees and the member ship thereof shall be created, abolished, and appointed as directed by the commissioncouncil. The chairperson-mayor shall not have the right to vote on the appointment of any member to a committee. The chairperson-mayor shall not be a voting member of any com mittee established by the commission-council and appointed by the vice chairperson-mayor pro tempore.
SECTION 5. (a) A vacancy which occurs in the office of the chairperson-mayor or in the membership of the commission-council by death, resignation, removal from the commission-council dis trict, or for any other reason shall be filled by the remaining members of the commissioncouncil appointing a qualified person to serve for the unexpired term, unless the unexpired term exceeds 28 calendar months, in which event, the commission-council shall appoint a qualified person to serve until a successor is elected to serve for the unexpired term as provided in this subsection. When the unexpired term exceeds 28 calendar months, a spe cial election shall be held in the county in the case of the chairperson-mayor or in the commission-council district in which the vacancy occurred on the same date as the next succeeding general election to elect a successor for the unexpired term. Any such special election shall be called, held, and conducted in accordance with the applicable provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the "Georgia Municipal Election Code." (b) No person shall fill a vacancy for an unexpired term by appointment of the commission-council unless that person receives a majority of the votes of the full commission-council. (c) In the event the office of vice chairperson-mayor pro tempore becomes vacant for any reason, the commission-council by a majority vote of its full membership shall elect from among its members a successor who shall serve as such until the first meeting in January immediately following the creation of such vacancy, at which time a successor shall be elected.
SECTION 6. Seven members of the commission-council shall constitute a quorum for the transaction of ordinary business, and an affirmative vote of at least six members shall be required for the commission-council to take action. Official action of the commission-council shall be entered upon its minutes. Any member of the commission-council shall have the right to request a roll-call vote.
SECTION 7. (a) The bonded indebtedness of the City of Augusta which is outstanding on January 1, 1996, shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1995. The ad valorem taxes imposed by the City of Augusta prior to January 1, 1996, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Augusta in accordance with the terms of the obligations of such bonded indebtedness. The commission-council, as the governing authority of the City of Augusta, shall be the succes sor to the previously existing governing authority of the City of Augusta for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The bonded indebtedness of Richmond County outstanding on January 1, 1996, shall not be affected by this Act, and the commission-council, as the governing authority of Richmond County, shall become the successor to the previously existing governing author ity of Richmond County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders.

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(c) The bonded indebtedness of the City of Hephzibah which is outstanding on January 1, 1996, shall become the debt and obligation of a special tax district which shall corre spond to and be conterminous with the corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995. The ad valorem taxes imposed by the City of Hephzibah prior to January 1, 1996, to retire such bonded indebtedness shall continue to be imposed by the commission-council within the special tax district in the same man ner and to the same extent that such ad valorem taxes were previously imposed by the City of Hephzibah in accordance with the terms of the obligations of such bonded indebt edness. The commission-council, as the governing authority of the City of Hephzibah, shall be the successor to the previously existing governing authority of the City of Hephzibah for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. The provisions of this subsection shall not become effective unless the Act providing for a reorganized government in Richmond County and providing for the repeal of the charter of the City of Hephzibah is approved in a referendum by a majority of the voters voting within the City of Hephzibah and this Act is approved in the referendum provided for in Section 18 of this Act.
SECTION 8.
(a)(l)(A) There is created an Urban Services District to be known as Urban Ser vices District A which shall correspond to and be conterminous with the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1995.
(B) Any public funds on deposit or invested in certificates of deposit in the name of the City of Augusta on December 31, 1995, shall accrue to Urban Services Dis trict A and shall be utilized exclusively for the benefit of citizens residing in Urban Services District A.
(2)(A) If the repeal of the city charter of the City of Hephzibah is approved in a referendum by a majority of the voters voting within the City of Hephzibah and this Act is approved in the referendum provided for in Section 18 of this Act, there is created an Urban Services District to be known as Urban Services District H which shall correspond to and be conterminous with the corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995.
(B) Any public funds on deposit or invested in certificates of deposit in the name of the City of Hephzibah on December 31, 1995, shall accrue to Urban Services Dis trict H and shall be utilized exclusively for the benefit of citizens residing in Urban Services District H.
(b)(l) There is created a Suburban Services District which shall correspond to and be conterminous with the area of Richmond County which was not within the corporate limits of the City of Augusta as said corporate limits existed on December 31, 1995, and, if the charter of Hephzibah is repealed as provided in Section 18 of this Act, which was not within the corporate limits of the City of Hephzibah as said corporate limits existed on December 31, 1995. (2) Any public funds on deposit or invested in certificates of deposit in the name of Richmond County on December 31, 1995, shall accrue to the Suburban Services Dis trict and shall be utilized exclusively for the benefit of citizens residing in the Subur ban Services District and the Urban Services District or Districts.
(c) The Water and Sewage Sinking Fund, the Airport Sinking Fund, and the Airport Sink ing Fund No. 2 shall accrue to the benefit of the citizens residing in the Urban Services District or Districts and the Suburban Services District. These sinking funds are to be retired as provided in the anticipated revenue certificates and are not considered bonded indebtedness of the City of Augusta.
(d) Urban Services District A, Urban Services District H (if created), and the Suburban Services District created by this section shall continue in existence until the commissioncouncil modifies or abolishes such districts by ordinance duly adopted by the commission-
council.
SECTION 9.
(a) Existing ordinances and resolutions of the board of commissioners of Richmond
County and existing rules and regulations of departments or agencies thereof not inconsist
ent with the provisions of this Act shall continue to be effective as ordinances and resolu
tions of the commission-council and as rules and regulations of the appropriate
department or agency thereof until they are modified or repealed.

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(b) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1996, throughout the territorial limits of Richmond County shall continue to be effective throughout the territorial limits of Richmond County until such time as the commissioncouncil, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or reg ulations.
(c) Existing ordinances and resolutions of the board of commissioners of Richmond County and existing rules and regulations of departments and agencies of Richmond County which, by their terms or by their operation, were applicable prior to January 1, 1996, only within the unincorporated area of Richmond County shall be effective only in the Suburban Services District described in subsection (b) of Section 8 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, resolutions, rules, or regulations. (d) Existing ordinances and resolutions of the city council of Augusta which are not incon sistent with the provisions of this Act shall continue to be effective as ordinances and reso lutions of the commission-council until they are modified or repealed. If the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, existing ordinances and resolutions of the board of commissioners of the City of Hephzibah which are not inconsistent with the provisions of this Act shall continue to be effective as ordinances and resolutions of the commission-council until they are modified or repealed. (e) Existing ordinances and resolutions of the city council of Augusta and existing rules and regulations of departments and agencies of the City of Augusta shall be applicable only within the Urban Services District A described in Section 8 of this Act until such
time as the commission-council, by resolution or ordinance, modifies or repeals such ordi nances, resolutions, rules, or regulations. If the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, existing ordinances and resolutions of the board of commissioners of the City of Hephzibah and existing rules and regulations of
departments and agencies of the City of Hephzibah shall be applicable only within the Urban Services District H described in Section 8 of this Act until such time as the commission-council, by resolution or ordinance, modifies or repeals such ordinances, reso
lutions, rules, or regulations.
SECTION 10.
(a) The budget and tax levy of the board of commissioners of Richmond County and the governing authority of any municipality consolidated with such county, adopted for the 1996 calendar year, shall serve as the budget and tax levy of the commission-council for that calendar year. (b) The tax assessments made by the board of tax assessors of Richmond County and any
municipalities consolidated with such county as of January 1, 1996, shall constitute the basis for the assessment and collection of taxes of the commission-council for 1996. (c) Amendments to the budget for the 1996 calendar year provided by subsection (a) of this section may be made by resolution or ordinance duly adopted by the commission-
council during 1996. (d) Any special services district existing in Richmond County or any municipality consoli dated with such county prior to January 1, 1996, shall continue to exist until it is modified or abolished by the commission-council.
(e) In assessing ad valorem taxes, the commission-council shall assess within any Urban Services District such additional millage as the governing body shall determine, and which shall be imposed on account of governmental services available therein that are not fur
nished in the Suburban Services District. As the commission-council shall from time to time expand these governmental services to areas within the Suburban Services District, such areas shall be included in such Urban Services District and taxed accordingly. (f) For purposes of this section, governmental services shall include fire protection of a
higher class, garbage pickup, governmental water and sewer services, and such other ser vices as may be provided only in an Urban Services District.
(g)(l) The commission-council may further divide the Suburban Services District into special service districts wherever additional governmental service or services are fur
nished but not to the extent as in an Urban Services District. Property within said

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special service districts shall be assessed with such additional ad valorem taxes as the commission-council may determine on account of said services. (2) Property owners within an Urban Services District and the Suburban Services District shall not be obligated to pay any user fees for services they do not receive, (h) It is the purpose of this section that property shall be subject to taxation in relation to services received. (i) Without limiting any of the foregoing provisions of this section, on and after January 1, 1996, the residential, commercial, and industrial rates charged for water and sewerage services shall be the same within an Urban Services District as within the Suburban Ser vices District.
SECTION 11. The commission-council shall create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission-council within such special ser vices tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the commission-council. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution.
SECTION 12. (a) All employees and former employees of Richmond County and the City of Augusta and, if the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, the City of Hephzibah and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights which had accrued to them prior to January 1, 1996, under any pension plan adopted by law or by ordinance or resolution by the board of commissioners of Richmond County or the mayor and council of Augusta or the board of commissioners of the City of Hephzibah. The commission-council shall assume on Janu ary 1, 1996, all obligations arising under all such pension plans, but the assumption of such obligations by the commission-council shall not create any obligation on the part of the commission-council or create any right which did not exist prior to January 1, 1996. (b) This Act shall not result in and shall not be implemented to result in the termination of employment of any employees of Richmond County or the City of Augusta or the City of Hephzibah or of any agency, instrumentality, commission, or authority thereof, but this limitation shall not create or be construed to create any right to continued employment or create any employment contract which did not exist prior to January 1, 1996.
SECTION 13. (a) The sheriff of Richmond County shall perform his or her constitutional and statutory duties throughout the entire limits of Richmond County. The sheriff of Richmond County shall be the chief law enforcement officer of Richmond County. (b) The commission-council in cooperation with the sheriff shall utilize the facilities, equipment, vehicles, records, and personnel of the former Augusta Police Department, the former Hephzibah Police Department if the city charter is repealed as provided in Section 18 of this Act, and the Richmond County Sheriffs Department in such manner as it shall deem necessary to ensure adequate protection of the lives and property of all of the citi zens of Richmond County. (c) The chief of the former Augusta Fire Department shall perform his or her official duties as the chief firefighter throughout the entire limits of Richmond County. (d) The commission-council in cooperation with the chief shall utilize the facilities, equip ment, vehicles, records, and personnel of both the former Augusta Fire Department, the former Hephzibah Fire Department if the city charter is repealed as provided in Section 18 of this Act, and the Richmond County Fire Department in such manner as it shall deem necessary to ensure the most advantageous rating classification of the commercial, residential, and public property in Richmond County. (e) The commission-council shall create a law department, to employ one or more fulltime attorneys, to employ such clerical assistance as deemed necessary and appropriate,

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and to supply an office, office equipment, a law library, and such other equipment and supplies as may be necessary. Neither the chairperson-mayor nor any member of the commission-council shall seek or receive legal advice or services from any member of the law department or any other attorney retained or employed by the commission-council on any personal legal matter not related to the duties of his or her office. (f) Except as provided by this Act or prohibited by the general laws of this state, the membership of all boards, commissions, committees, panels, authorities, or other entities appointed by the board of commissioners of Richmond County or the governing authority of the City of Augusta, or if the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, the City of Hephzibah, shall be increased by creating two new members for each who shall be recommended by the Richmond County delegation in the General Assembly of Georgia and appointed by the commission-council established by this Act in accordance with the existing laws or ordinances for the appointment of members to such entities. Each such member shall serve out the term of office to which such mem ber was appointed. As soon as practical, but in no event less than 90 days after the initial members of the commission-council take office, the commission-council shall identify those boards, panels, authorities, or other entities the membership of which is not comprised of persons who reside in each commission-council district and shall propose a plan for each such board, commission, or entity to expand or contract the number of members thereof so that as soon as practical, each such entity shall consist of one member from each commission-council district. Each appointee shall be designated by the commission-council as a member representing a designated district. Except as provided by this Act or prohib ited by the general laws of this state, the positions of director or administrative head, by whatever name known, of each department or entity of the governments of Richmond County and the City of Augusta and, if the charter of the City of Hephzibah is repealed as provided in Section 18 of this Act, the City of Hephzibah shall be abolished 90 days after the members of the commission-council take office under this Act. Such departments may be reestablished, reorganized, or consolidated; new job descriptions shall be estab lished as appropriate; and a director or administrative head shall be appointed for each department by the commission-council. Any person who formerly occupied such position and any other person shall have the right to apply for any position thus created. The pro visions of this subsection shall not result in the automatic termination from employment with the reorganized government of any such person and the provisions of Section 12 of this Act shall be applicable to any such person. On or after January 1, 1996, no person shall be eligible for appointment to any position as the director or administrative head of any department or agency of the reorganized government unless such person meets such qualifications as may be established by the commission-council. (g) The Municipal Court of the City of Augusta shall act as the Municipal Court of Augusta-Richmond County and shall have jurisdiction throughout Richmond County until such court is abolished by an Act of the General Assembly. (h) No elected official of such government nor any member of the General Assembly of Georgia whose district lies totally or partially within Richmond County shall be eligible to do business with or receive any contract from such government except through competi tive bids. Said persons shall not receive personal services from county vendors, attorneys, or others.
SECTION 14.
(a) The government of Augusta-Richmond County shall encourage the meaningful involve ment in its operations of all citizens of Augusta-Richmond County, particularly those who are members of minority or other traditionally disadvantaged groups, as appointees, employees, and independent contractors. The commission-council shall afford equal oppor tunities for employment and promotion to all persons regardless of race, sex, religion, gen der, creed, color, or national origin. (b) It is the policy of the Augusta-Richmond County government to ensure the equitable participation of all minorities, including African Americans, women, and small businesses in providing goods and services to the city-county government. The goal of this section is to increase the use of such minorities and small businesses to a level comparable with their

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availability. This participation goal shall be used as a guideline to the commission-council and shall not be construed as a ceiling or quota. (c) In furtherance of the policies stated in subsections (a) and (b) of this section, the commission-council shall employ a person to serve as equal employment opportunity direc tor and as director of minority and small business opportunities. The director shall develop and, subject to the approval of the commission-council, implement such policies, procedures, and guidelines as the director deems necessary or appropriate to ensure equal employment opportunities for all citizens. The director, subject to the approval of the commission-council, shall propose and implement such policies, procedures, and guidelines as are necessary and appropriate to ensure equal opportunities for all businesses and citi zens in contracting with the commission-council and all departments, agencies, authorities, and other entities of local government and to encourage the development of minority and small businesses within Richmond County. In addition, said director shall have such other powers and duties as may from time to time be afforded by action of the commissioncouncil. (d) The commission-council shall establish a citizens advisory council for minority employ ment and small business opportunities to advise the commission-council and director of matters pertaining to this section, and to meet with minorities and small businesses to review the problems of minority and small business opportunities.
SECTION 15. The commission-council shall have the authority upon the affirmative votes of two-thirds of those elected to the commission-council, excluding the chairperson-mayor, to change the provisions of this Act which conflict with existing or future state or federal laws; provided, however, that no provisions shall be made which diminish or change the principle of repre sentation of citizens by district on the commission-council or any other entity.
SECTION 16. Nothing contained in this Act shall be construed so as to amend, modify, or repeal an Act incorporating the Town of Blythe, Georgia, approved August 3, 1920 (Ga. L. 1920, p. 748).
PART II
SECTION 17. (a) Effective July 1, 1995, there is created a transition task force for the purpose of plan ning and preparing for the assumption of governmental powers by the commission-council on January 1, 1996. The transition task force shall be composed of members as follows:
(1) The board of commissioners of Richmond County shall appoint four members. One of such members shall be the chairperson of the board of commissioners, who shall serve as a member of the transition task force until January 1, 1996. The com missioners appointed to the task force shall be apportioned so that at least two of the commissioners are representatives of existing county commission districts three, six, seven, and eight and two commissioners are representatives of existing county commis sion districts one, two, four, and five; (2) The city council of the City of Augusta shall appoint four members. One of such members shall be the mayor of the City of Augusta, who shall serve as the chief exec utive officer of the transition task force. The city council representatives who are appointed shall be apportioned so that at least two of such members are representa tives of former Wards 1, 2, 3, 4, 9, 12, and 13 and two of such members are represen tatives of former Wards 5, 6, 7, 8, 10, and 11; (3) The members of the General Assembly of Georgia whose districts include all or any portion of Richmond County shall appoint four members; and (4) The board of commissioners of the City of Hephzibah shall appoint one member, provided that, if the voters of the City of Hephzibah do not approve an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah providing for a reorganized government in Richmond County and providing for the repeal of said charter, the membership of such member on the transition task force shall be abolished on the date the results of such referen dum are certified.

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Any vacancy on the transition task force shall be filled by the appointing authority which originally appointed the member to such vacant position. The transition task force shall meet upon the call of the chief executive officer of the transition task force for the purpose of planning and scheduling the initial organization of the government in accordance with the applicable provisions of this Act. Any transition task force in existence on January 1, 1996, is abolished. (b) The transition task force shall be authorized to make such recommendations as it deems appropriate for the assumption of governmental powers by the commission-council on January 1, 1996. The transition task force is specifically charged with the responsibility of developing proposed ordinances, including ordinances relating to the creation of special services tax districts, which should be considered for adoption by the commission-council at its first regular meeting held following January 1, 1996, or at a regular meeting of the commission-council held as soon thereafter as practicable. (c) All officers, officials, including elected officials, and employees of Richmond County, the City of Augusta, and the City of Hephzibah shall cooperate with and assist the transi tion task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Richmond County, the City of Augusta, and the City of Hephzibah and all officers, officials, and employees and departments thereof. Richmond County, the City of Augusta, and the City of Hephzibah shall, to the extent possible, pro vide working areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Richmond County and from the mayor and city coun cil of Augusta and from the board of commissioners of the City of Hephzibah for the pur pose of carrying out its duties, but members of the transition task force shall receive no compensation for their services as such members. (e) During the period beginning on the date on which this Act is approved in the referen dum provided for by Section 18 of this Act or on the date an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Augusta, whichever is later, it shall be the duty of the transition task force to recommend and the duty of the board of commissioners of Richmond County and the mayor and city council of Augusta to implement, where possible, such consolidations or reorganizations of services, functions, powers, and duties as may be advantageous to the consolidation of such governments on January 1, 1996. (f) If an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta and providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referen dum by a majority of the voters voting within the City of Augusta, then during the period beginning on the date on which this Act is approved in the referendum provided for by Section 18 of this Act or on the date an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah and providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Hephzibah, whichever is later, it shall be the duty of the transition task force to recom mend and the duty of the board of commissioners of Richmond County, the board of com missioners of the City of Hephzibah, and the mayor and city council of the City of Augusta to implement, where possible, such consolidations or reorganizations of services, functions, powers, and duties as may be advantageous to the consolidation of such govern ments on January 1, 1996. (g) Every effort shall be made to consolidate water and sewerage services as soon as prac tical and to ensure that every citizen within the county is treated fairly and equitably in the pricing of such services and is charged the same rate for the same service, (h) The transition task force shall be abolished on the date specified by the commissioncouncil.

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PART III

SECTION 18. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Richmond County shall call and conduct an election as provided in this section for the purpose of submitting Part I of this Act to the electors of Richmond County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintend ent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall the Act be approved which creates a board of commissioners desig nated as the Augusta-Richmond County Commission-Council consisting of a chairperson-mayor and ten commissioners-councilpersons to adminis ter, govern, and operate a reorganized government in Richmond County with both county and municipal powers?"

All persons desiring to vote for approval of Part I of the Act shall vote "Yes," and those persons desiring to vote for rejection of Part I the Act shall vote "No." If more than onehalf of the votes cast on such question are for approval of Part I of the Act, it shall become of full force and effect as provided in subsection (c) of Section 19 of this Act. If Part I of the Act is not so approved or if the election is not conducted as provided in this section, Part I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Richmond County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

SECTION 19. (a) Section 18 of this Act, this section, and Section 20 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Part II of this Act shall become effective on July 1, 1995. (c) Part I of this Act shall become effective on May 1, 1995, for the purpose of conducting elections of the initial members of the Augusta-Richmond County Commission-Council and shall become effective on January 1, 1996, for all purposes but only if an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Augusta providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Augusta and this Act is approved in the referendum pro vided for in Section 18 of this Act. Those provisions of Part I of this Act which relate to the City of Hephzibah or which create Urban Services District H shall be repealed on January 1, 1996, unless an Act enacted by the General Assembly of Georgia at its regular session in 1995 amending the charter of the City of Hephzibah providing for a reorganized government in Richmond County and providing for the repeal of said charter is approved in a referendum by a majority of the voters voting within the City of Hephzibah and Part I of this Act becomes effective as provided in this subsection.

SECTION 20. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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Representative Lee of the 94th assumed the Chair.

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

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.

The following substitute, offered by Representatives Childers of the 13th and Dix of the 76th, was read:

A BILL
To amend Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, treatment, etc., for mental illness, so as to amend Code Section 37-3-90, relating to determination and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, so as to change the requirements for determin ing whether a person needs involuntary outpatient care or involuntary inpatient care for mental illness; to change certain provisions concerning access to mental health records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to examination, treatment, etc., for mental illness, is amended by striking in their entirety subsections (a), (c), and (d) of Code Section 37-3-90, relating to determination and certification as to invol untary outpatient care and treatment of a patient as an inpatient or outpatient, and inserting in lieu thereof, respectively, new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether:
(A) There there is available outpatient treatments ad (B) The patient wiH likely comply wrtk the outpatient treatment so as te minimize uiG nice11flood Or trie pflticnt s DCcoming ttft mp&ticnt. "(c) A person determined and certified to be: (1) An outpatient; and (2) A person for whom there is available outpatient treatmentf a*d
ef tine patient's becoming an inpatient shall be considered to be in need of involuntary outpatient treatment and not involun tary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings, (d) A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (l)j and (2)7 and #j) of subsection (c) of this Code section shall be considered to be in need of involuntary inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings."

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SECTION 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 37-3-167, relating to the right of patient to examine his records and other matters, which reads as follows:
"(d) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37, all files and records of a court in a proceeding under this chapter shall remain sealed and shall be open to inspection only upon order of the court issued after notice to the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record, provided that the court may refer to such files and records in any subse quent proceeding under this chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organiza tions compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution that the court may deem proper; and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted only by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37 or any provi sions of Article 4 of Chapter 18 of Title 50, all files and records of a court in a pro ceeding under this chapter since September 1, 1978, shall remain sealed and shall be open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record. (2) If any official or employee of any court or archival facility assists a person who is not an official or employee of that court or facility in attempting to gain access to any court record which the official or employee knows concerns examination, evalua tion, treatment, or commitment for mental illness, such record was created prior to September 1, 1978, and such record contains no information concerning the patient which is ordinarily public, such as the fact that a guardianship was created, such offi cial or employee shall seal the record if it is in the possession of the court or facility and shall inform the person seeking access that if such a record exists it is open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medi cal portions of the record. (3) Upon a petition for access to such files or records referred to in paragraphs (1) and (2) of this subsection, the court should allow inspection by the person who is the subject of a record unless there are compelling reasons why it should not but should require anyone other than the person who is the subject of a court record to show compelling reasons why the record should be opened. If access is granted, the court order shall restrict dissemination of the information to certain persons or for certain purposes or both. (4) The court may refer to such files and records referred to in paragraphs (1) and (2) of this subsection in any subsequent proceeding under this chapter concerning the same patient on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit autho rized representatives of recognized organizations compiling statistics for proper pur poses to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution the court may deem proper. The court may punish by contempt any violations of any such conditions."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The following amendment was read and adopted:

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Representative Breedlove of the 85th moves to amend the Floor substitute to SB 93 as follows:
Page 2 between line 24 & 25 add
e) Any minor admitted voluntary shall be released at any time after written request is made by the minors parent or legal guardian.

The Floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.
On the passage of the Bill, by substitute, as amended, the ayes were 108, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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.

The following amendment was read and adopted:

Representatives Coker of the 31st, Benefield of the 96th and Snow of the 2nd move to amend SB 115 by striking line 1 of page 1 and inserting in lieu thereof the following:
"To amend Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, so as to change the provisions relating to the preparation of family violence reports; to provide that a victim of family violence may review and copy a family violence report; to amend Code Section 19-13-32 of the Official Code of.
By redesignating Sections 1 and 2 as Sections 2 and 3, respectively.
By adding between lines 6 and 7 of page 1 the following:
"SECTION 1.
Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to investigation of family violence, preparation of written reports, review of reports by defendants arrested for family violence, and compilation of statistics, is amended by striking subsections (c) and (d) of said Code section and inserting in lieu thereof new subsections (c) and (d) to read as follows:
'(c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a separate written report of the incident entitled "Family Violence Report." Forms for such reports shall be designed and provided by the Georgia Bureau of Investigation. The report shall include the following:
(1) Name of the parties;
(2) Relationship of the parties;
(3) Sex of the parties;

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(4) Date of birth of the parties;
(5) Time, place, and date of the incident;
(6) Whether children were involved or whether the act of family violence was commit ted in the presence of children;
(7) Type and extent of the alleged abuse;
(8) Existence of substance abuse;
(9) Number and types of weapons involved;
(10) Existence of any prior court orders;
(11) Number ef- complaints involving pcraons whe have fited previous complaints;
Type of police action taken in disposition of case, the reasons for the officer's determination that one party was the primary physical aggressor, and mitigating cir cumstances for why an arrest was not made;
Whether the victim was apprised of available remedies and services; and
fH}(13) Any other information that may be pertinent.
(d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant who has been arrested for an act of family violence or the victim shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant.'"

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 108, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Kinnamon of the 4th moved that the House insist on its position in substituting SB 105.
The motion prevailed.

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

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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.

The following Senate amendment was read:

Amend HB 50 by deleting on line 41 page 5 the following "after January 1, 1995"
and inserting "after January 1, 1996".

The following amendment was read and adopted:

Representatives Culbreth of the 132nd, Royal of the 164th, Buck of the 135th and Skipper of the 137th move to amend the Senate amendment to HB 50 by striking lines 1 through 3 of page 1 and inserting in their place the following:
"By striking line 1 of page 1 through line 3 of page 6 and inserting in place thereof the following:
'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; to change the method of income apportionment and allocation for certain other corporations; to provide for the use of other allocation and apportionment methods by the state revenue commis sioner under certain conditions; to provide for a method of income apportionment for cer tain 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 provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking paragraph (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment of corporate net income for state income tax pur poses, and inserting in its place a new paragraph (2) to read as follows:
"(2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, 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 feete* 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

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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 if:
(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;
(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. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers out side this state shall be excluded;
(D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be separately determined and the three percentages averaged an apportionment fraction shall be calculated using the following 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 average fraction;"
SECTION 2.
Said chapter is further amended by striking paragraph (3) of subsection (d) of Code Sec tion 48-7-31, relating to the allocation and apportionment of corporate net income for state income tax purposes, and inserting in its place new paragraphs (3) and (3.1) to read as follows:
"(3) Wfeere 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

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intangible property, the net business income of the corporation shall be equitably
state bears te th total business ef 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 if:
(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;
(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;

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(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;
(3.1KA) 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 numera tor 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 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

TUESDAY, MARCH 14, 1995

2063

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 3.
Said chapter is further amended by striking subsection (a) of Code Section 48-7-141, relat ing to the imposition of local income taxes, and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to the requirement of a referendum election as provided in this article, the governing authority of each county or municipality of this state, by ordinance or resolu tion enacted pursuant to the procedure set forth in this article, may adopt a local income tax at the rate of 1 percent upon the entire Georgia taxable net income as defined in Code Section 48-7-27 of every resident individual of the county or municipal ity and of every corporation and fiduciary with respect to that portion of its Georgia taxable net income which is reasonably attributable to property owned and business done by it within the county or municipality, to be determined by application ef the three feete* ratio in the same manner as otherwise provided in Code Section 48-7-31 for state income tax purposes."
SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1995.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.'"

Representative Culbreth of the 132nd moved that the House agree to the Senate amendment, as amended by the House, to HB 50.
On the motion, the ayes were 111, nays 0.
The motion prevailed.

Representative Coleman of the 142nd assumed the Chair.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

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JOURNAL OF THE HOUSE,

Representative Walker of the 141st moved that the House insist on its position in dis agreeing to the Senate substitute to HB 62 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, Lee of the 94th and McClinton of the 68th.

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

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 following Senate amendment was read:

Amend HB 281 by striking the word "blocks" on line 26 of page 1 and inserting in lieu thereof the following:
"as it relates to dermatological services may block".
By striking lines 9 through 12 of page 2.
By striking line 18 of page 2 and inserting in lieu thereof the following:
"physician, as such term is defined by the group plan, policy, or contract for health care services.'".

Representative Jamieson of the 22nd moved that the House agree to the Senate amendment to HB 281.
On the motion, the ayes were 101, nays 0.
The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to change 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

TUESDAY, MARCH 14, 1995

2065

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 private or 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, n alien with U^Si Immigration and Naturalization Service employment authorization er- anaKe presumed te fee residing i the United States under eter ef tew or an alien with legal authorization from the U.S. Immigration and Naturalization Service."
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 may 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 issued by the Department of Public Safety pursuant to Code Section 40-5-100 upon determining that the liccnacc holder of such license or identification card was not enti tled 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 identification 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 issued pursuant to this Code section; 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 identifi cation card issued under this article. Each applicant for an identification card shall sur render any identification card or driver's license previously issued by any other state and

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JOURNAL OF THE HOUSE,

any identification card previously 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 3% display or cause or permit to be displayed or have in his or her posses sion any canceled, revoked, or suspended; fictitious, er fraudulently altered driver's license or personal identification card issued pursuant to Code Section 40-5-100: (2) Fail T-e fail or refuse to surrender to the department upon lawful demand any driver's license or personal identification card issued pursuant to Code Section 40-5-100 which has been suspended, revoked, disqualified, or canceled; (3) Permit ?% permit any unlawful use of a driver's license or personal identification card issued pursuant to Code Section 40-5-100 issued to him such person; or (4) Do 5^ 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.
Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HB 254.
On the motion, the ayes were 98, nays 0.
The motion prevailed.
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 following Senate amendment was read:
Amend HB 351 by changing "Wednesday" to "Friday" on lines 18 and 23 on page 2.
Representative Holmes of the 53rd moved that the House agree to the Senate amend ment to HB 351.
On the motion, the ayes were 93, nays 0.
The motion prevailed.

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.

TUESDAY, MARCH 14, 1995

2067

The following Senate substitute was read:

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 require that the street address of real property be included 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 hi 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 shall include the street address of such real property."
SECTION 2. This Act shall become effective July 1, 1996.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Mueller of the 152nd moved that the House agree to the Senate sub stitute to HB 182.
On the motion, 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 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 Carter Y Chambless Channell Childers Y Coker

Y Coleman, B Coleman, T
Y Connell Cox Crawford
Y Crews Y Culbreth Y Cummings
Davis, G Davis, M
Y Day Y DeLoach, B
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
Goodwin Y Greene Y Grindley
Banner Y Harbin Y Harris

Y Hart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson
Y Hugley Y Irvin
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 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
Postal Y Powell
Purcell, A Y Purcell, B Y Randall Y Randolph Y Ray Y Reaves

Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
Shaw Y Sherrill
Shipp Y Simpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W
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 Y Stanley, P
Stephenson Y Streat

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JOURNAL OF THE HOUSE,

Y Taylor Y Teague YTeper
Thomas Y Tillman

Y Titus Towery
Y Trense Y Turnquest
Twiggs

Y Walker, L Y Walker, R.L Y Wall Y Watson
Watts

On the motion, the ayes were 139, nays 0.

The motion prevailed.

Y Westmorland Y Whitaker
White Y Wiles Y Williams, B

Y Williams, J Y Williams, R Y Woods
Yates Murphy, Spkr

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 Senate substitute was read:

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 change the provisions relating to 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. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 35-3-34, relating to the dissemination of records to private persons and businesses, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Make criminal history records maintained by the center available to private per sons and businesses under the following conditions:
(A) Private individuals and businesses requesting criminal history records shall, at the time of the request, provide the fingerprints of the person whose records are requested or provide a signed and notarized consent of the person whose records are requested on a form prescribed by the center which shall include such person's full name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, and sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law; or".
SECTION 2. Said article is further amended by adding immediately following subsection (d) of said Code Section 35-3-34 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 felony convictions, pleas, and sentences 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

TUESDAY, MARCH 14, 1995

2069

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 3. Said article is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 35-3-35, relating to the dissemination of records to public agencies and political subdivisions, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Make criminal history records maintained by the center available to public agen cies, political subdivisions, authorities, and instrumentalities, including state or federal licensing and regulatory agencies or their designated representatives, under the follow ing conditions:
(A) Public agencies or political subdivisions shall, at the time of the request, pro vide the fingerprints of the person whose records are requested or provide a signed ad notarized consent of the person whose records are requested on a form pre scribed by the center which shall include such person's full name, address, social security number, and date of birth; and (B) The center may not provide records of arrests, charges, or sentences for crimes relating to first offenders pursuant to Article 3 of Chapter 8 of Title 42 in cases where offenders have been exonerated and discharged without court adjudications of guilt, except as specifically authorized by law;".
SECTION 4. Said article is further amended by adding immediately following subsection (d) of said Code Section 35-3-35 a new subsection 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 felony convictions, pleas, and sentences 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 entities to which such records may be made available under subsection (d) of this Code section 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 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Jenkins of the 110th moved that the House agree to the Senate substi tute to HB 314.
On the motion, the ayes were 97, nays 0.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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JOURNAL OF THE HOUSE,

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.

Representative Williams of the 114th moved that the House insist on its position in disagreeing to the Senate amendment to HB 375 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Williams of the 114th, Lord of the 121st and Shipp of the 38th.

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

SB 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 report 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 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.

The following amendment was read:

Representative Davis of the 60th moves to amend SB 34 as follows: Line 18 strike word "fourth" replace with "fifth". Line 32 strike word "four" replace with "five".

TUESDAY, MARCH 14, 1995

2071

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
N Benefield Y Birdsong N Bordeaux
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
Chambless Channell N Childers Coker Y Coleman, B Coleman, T N Connell NCox Y Crawford

Y Crews
Culbreth N Cummings N Davis, G Y Davis, M NDay Y DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S
Dobbs Y Ehrhart NEpps Y Evans
Falls Felton N Floyd NGodbee N Golden Goodwin Greene Y Grindley N Hanner N Harbin Y Harris NHart Y Heard 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 YKaye N Kinnamon Y Klein YLadd Y Lakly
Lane Lawrence NLee Y Lewis Y Lifsey Lord N Lucas
Y Maddox YMann N Martin Y McBee N McCall N McClinton
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
Poston N Powell N Purcell, A Y Purcell, B
Randall N Randolph
YRay N Reaves N Reichert
N Roberts N Rogers N Royal Y Sanders Y Sauder
Scoggins Y Shanahan NShaw
Sherrill
Shipp N Simpson N Sinkfield N Skipper Y Smith, C Y Smith, C.W N Smith, L N Smith, P
Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 63, nays 82. The amendment was lost.

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

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

The following amendment was read and adopted:

Representative Perry of the llth moves to amend SB 34 by striking lines 14 through 19 of page 2 in their entirety and inserting in lieu thereof the following:
"subsection."'.

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 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
Chambless Y Channell Y Childers
Coker Y Coleman, B

Coleman, T Y Connell YCox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G

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JOURNAL OF THE HOUSE,

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
Goodwin Y Greene Y Grindley Y Hanner Y Harbin
Harris YHart Y Heard
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
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
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 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
Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling
Snow 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
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 Williams, J Williams, R Y Woods Y Yates Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 158, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The following substitute, offered by Representatives Barnes of the 33rd, Culbreth of the 132nd and Lord of the 121st, was read and adopted:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to remove the requirement that otherwise qualified students must be in their junior or senior year of high school to qualify for premium reductions in motor vehicle insurance policies; to repeal certain provisions relating to fees for certificates; to authorize the Com missioner to enter into certain agreements for services and to negotiate charges therefor; to provide for the payment of costs and fees for certain services; to provide definitions; to provide that certain individual accident and sickness insurance policies and group acci dent and sickness insurance policies shall be required to provide basic coverage for child wellness services for any insured child from birth through the age of five years; to autho rize the Commissioner of Insurance to define child wellness services by regulation; to authorize certain limitations in such coverage; to provide that such coverage shall not be subject to deductibles; to provide for construction; to provide for applicability; to provide for information concerning the cost of such coverage to be supplied to the members of the General Assembly; to revise the scope of coverage available under the Georgia Life and Health Insurance Guaranty Association; to revise the definition of member insurer with respect to such association; to revise what shall be considered as control or controlled with regard to producer controlled property and casualty insurers; to require insurers domiciled

TUESDAY, MARCH 14, 1995

2073

in this state to file reports with the Commissioner of Insurance and other entities disclos ing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements; to provide for the time of filing such reports; to provide for the confidential treatment of such reports; to provide what acquisitions and dispositions of assets shall be considered material; to provide what nonrenewals, cancella tions, or revisions shall be considered material; to provide exemptions; to amend Code Sec tion 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers, so as to change the provisions relating to cash deposits necessary to qualify for a certificate of selfinsurance; 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; to provide for matters relative to the foregoing; to provide for legislative intent; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking Code Section 33-9-43, relating to reduction in motor vehicle insurance premiums for certain named drivers under age 25, in its entirety and inserting in lieu thereof a new Code Section 33-9-43 to read as follows:
"33-9-43.
(a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October 1, 1991, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, firstparty medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such applica tion, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried; (2) Is enrolled as a full-time student in:
(A) High school the junior er seaie* yea*; (B) Academic courses in a college or university; or (C) Vocational technical school; (3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person: (A) Ranks scholastically in the upper 20 percent of the class; (B) Has a 'B' average or better; (C) Has a 3.0 average or better; or (D) Is on the 'Dean's List' or 'Honor Roll'; and (4) Is a driver whose use of the automobile is considered by the insurer in determin ing the applicable classification. (b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan. (c) An insurer shall not be required to offer the premium reduction provided in subsec tion (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has: (1) Been involved in any motor vehicle accident in which that person has been deter mined to have been at fault; (2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses: (A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40; (B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or (C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relat ing to dangerous drugs, marijuana, and controlled substances; or

2074

JOURNAL OF THE HOUSE,

(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-67.1 and that suspension has not been reversed, if appealed from."
SECTION 2. Said title is further amended by striking Code Section 33-23-11, relating to the issuance and contents of licenses and display certificates for agents, subagents, counselors, or adjusters, 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^ a4 a fee fe* the certificate which shaW approximate the administrative coats incurred i the preparation
tHu 13SUftfiC Or SUCfl CCPtltlCfltC J pFOVlQCQ. j IIOWCVC 19 Ifl0t SUCfl COS* 9HQH HOt
(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 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 3. Said title is further amended by adding immediately following Code Section 33-29-3.2, relating to coverage for mammograms, Pap smears, and prostate specific antigen tests in individual policies of accident and sickness insurance, a new Code Section 33-29-3.3 to read as follows:
"33-29-3.3.
(a) As used in this Code section, the term: (1) 'Child wellness services' means the periodic review of a child's physical and emo tional status conducted by a physician or conducted pursuant to a physician's supervi sion, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or par ents, and laboratory testing in keeping with prevailing medical standards. (2) 'Policy' means any health care plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income pol icy, a long-term care insurance policy, a medicare supplement policy, a health insur ance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited acci dent policy, or other type of limited accident and sickness policy.
(b) Every insurer authorized to issue an individual accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each basic medi cal or hospital expense, major medical, or comprehensive medical expense policy issued,

TUESDAY, MARCH 14, 1995

2075

delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic cov erage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such services are pro vided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness ser vices and may consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics and any other relevant data or information in the promulgation of such regulation. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of individ ual accident and sickness policies which provide benefits greater than those required by subsection (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to individual basic medical or hospi tal expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medi cal service corporation, a health care corporation, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applica ble to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of Chapter 30 of this title, relating to preferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000."
SECTION 4. Said title is further amended by adding immediately following Code Section 33-30-4.3, relating to utilization of mail-order pharmaceutical distributors in policies, plans, con tracts, or funds, a new Code Section 33-30-4.4 to read as follows:
"33-30-4.4.
(a) As used in this Code section, the term: (1) 'Child wellness services' means the periodic review of a child's physical and emo tional status conducted by a physician or conducted pursuant to a physician's supervi sion, but shall not include periodic dental examinations or other dental services. The review shall include a medical history, complete physical examination, developmental assessment, appropriate immunizations, anticipatory guidance for the parent or par ents, and laboratory testing in keeping with prevailing medical standards. (2) 'Policy' means any medical expense plan, subscriber contract, or accident and sick ness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a blanket accident and sickness pol icy, a franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12, a hospital indemnity policy, a limited accident policy, or other similar limited accident and sickness policy.
(b) Every insurer authorized to issue a group accident and sickness policy in this state shall include, either as a part of or as a required endorsement to each such basic medical or hospital expense, major medical, and comprehensive medical expense insurance policy issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1995, basic coverage for child wellness services for an insured child from birth through the age of five years. Any such policy may provide that the child wellness services which are rendered during a periodic review shall only be covered to the extent that such services

2076

JOURNAL OF THE HOUSE,

are provided by or under the supervision of a single physician during the course of one visit. The Commissioner shall define by regulation the basic coverage for child wellness services and may consider the current recommendations for preventive pediatric health care by the American Academy for Pediatrics and any other relevant data or informa tion in the promulgation of such regulation. (c) The coverage required under subsection (b) of this Code section may be subject to exclusions, reductions, or other limitations as to coverages or coinsurance provisions as may be approved by the Commissioner, but shall not be subject to deductibles. (d) Nothing in this Code section shall be construed to prohibit the issuance of group accident and sickness policies which provide benefits greater than those required by sub section (b) of this Code section or more favorable to the insured than those required by subsection (b) of this Code section. (e) The provisions of this Code section shall apply to group basic medical or hospital expense, major medical, or comprehensive medical expense insurance policies issued by a fraternal benefit society, a nonprofit hospital service corporation, a nonprofit medical service corporation, a health care corporation, a health maintenance organization, or any similar entity. (f) Nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applica ble to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Article 2 of this chapter, relating to pre ferred provider arrangements. (g) Beginning July 1, 2000, the Commissioner shall conduct a review of the cost associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information not later than December 31, 2000."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 33-38-2, relating to the scope of coverage under the Georgia Life and Health Guaranty Association, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) This chapter shall apply te deet life insurance policies, heatth insurance policies, B.HQ iic&itii insuFflncc policies, &nd cmnuity contpflcts
issued fey persons authorized te transact insurance in this state t any time provide cov erage to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, annuity, and supplemental policies or contracts, for certificates under direct group policies and contracts, and for unallocated annuity contracts issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement agreements, lottery contracts, and any immediate or deferred annuity contracts."
SECTION 6. Said title is further amended by striking paragraph (10) of Code Section 33-38-4, relating to definitions used in Chapter 38, and inserting in lieu thereof a new paragraph (10) to read as follows:
"(10) 'Member insurer' means any person authorized this state te transact any kind-
is licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Code Section 33-38-2 and includes any insurer whose license or certificate of authority in this state may have been sus pended, revoked, not renewed, or voluntarily withdrawn, but does not include:
(A) A nonprofit hospital or medical service corporation; (B) A health care corporation; (C) A health maintenance organization; (D) A fraternal benefit society; (E) A mandatory state pooling plan;

TUESDAY, MARCH 14, 1995

2077

(F) A mutual assessment company or any entity that operates on an assessment basis; (G) An insurance exchange; or (H) Any entity similar to those described in subparagraphs (A) through (G) of this paragraph."
SECTION 7. Said title is further amended by striking paragraph (1) of Code Section 33-48-2, relating to definitions used with regard to producer controlled property and casualty insurers, and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) 'Control' or 'controlled' Bteans the possession, deet or indirect, of the power te direct o? cflusc tnc o.irec*ion of trie m&n&^ement &nu policies of d persont wiietftcr through th ownership of- voting- accuritics, by contract ether- than ft contract for- geed OF nonmfln&^crnent services( OP otnefwiser Oontroi sftflit oc presum&u to exist it tuny
proxies representing a majority ef- the outstanding voting accuritics f any -ether person. rrO persofl 3fl&ii oe QccmoQ to control ftnotftef person soieiy Dy FCflson of od!i an effiee* er director of- such ether person shall have the same meaning as provided in paragraph (3) of Code Section 33-13-1, relating to definitions used with regard to insurance company holding systems."
SECTION 8. Said title is further amended by adding a new chapter, to be designated Chapter 54, to read as follows:
"CHAPTER 54
33-54-1.
(a) Every insurer domiciled in this state shall file a report with the Commissioner dis closing material acquisitions and dispositions of assets or material nonrenewals, cancella tions, or revisions of ceded reinsurance agreements unless such acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded rein surance agreements have been submitted to the Commissioner for review, approval, or information purposes pursuant to other provisions of this title, regulations, or other requirements.
(b)(l) The report required in subsection (a) of this Code section is due within 15 days after the end of the calendar month in which any of the covered transactions occur. (2) One complete copy of the report, including any exhibits or other attachments filed as part thereof, shall be filed with:
(A) The Commissioner of Insurance; and (B) The National Association of Insurance Commissioners. (c) All reports obtained by or disclosed to the Commissioner pursuant to this Code sec tion shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the Commissioner, the National Association of Insurance Com missioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer who would be affected thereby notice and an opportunity to be heard, determines that the interest of policyholders, shareholders, or the public will be served by the publication thereof, in which event the Commissioner may publish all or any part thereof in such manner as he or she may deem appropriate.
33-54-2.
(a) No acquisitions or dispositions of assets need be reported pursuant to Code Section 33-54-1 if the acquisitions or dispositions are not material. For purposes of this chapter, a material acquisition or disposition or the aggregate of any series of related acquisitions or related dispositions during any 30 day period is one that is nonrecurring and not in the ordinary course of business and involves more than 5 percent of the reporting insurer's total admitted assets as reported in its most recent statutory statement filed with the insurance department of the insurer's state of domicile.

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JOURNAL OF THE HOUSE,

(b)(l) Asset acquisitions subject to this chapter include every purchase, lease, exchange, merger, consolidation, succession, or other acquisition other than the con struction or development of real property by or for the reporting insurer or the acqui sition of materials for such purpose. (2) Asset dispositions subject to this chapter include every sale, lease, exchange, merger, consolidation, mortgage, hypothecation, assignment for the benefit of creditors or otherwise, abandonment, destruction, or other disposition. (c)(l) The following information is required to be disclosed in any report of a material acquisition or disposition of assets:
(A) Date of the transaction; (B) Manner of acquisition or disposition;
(C) Description of the assets involved; (D) Nature and amount of the consideration given or received; (E) Purpose of or reason for the transaction; (F) Manner by which the amount of consideration was determined; (G) Gain or loss recognized or realized as a result of the transaction; and
(H) Name or names of the person or persons from whom the assets were acquired or to whom they were disposed. (2) Insurers are required to report material acquisitions and dispositions on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 percent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and such insurer ceded substan tially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premiums plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than 5 percent of the insurer's capital and surplus.
33-54-3.
(a) Nonrenewals, cancellations, or revisions of ceded reinsurance agreements shall not be required to be reported pursuant to Code Section 33-54-1 if the nonrenewals, cancella tions, or revisions are not material. For purposes of this chapter, a material nonrenewal, cancellation, or revision is one that affects:
(1) With respect to property and casualty business, including accident and health
business written by a property and casualty insurer: (A) More than 50 percent of the insurer's total ceded written premium; or (B) More than 50 percent of the insurer's total ceded indemnity and loss adjust ment reserves;
(2) With respect to life, annuity, and accident and sickness business, more than 50 percent of the total reserve credit taken for business ceded on an annualized basis, as indicated in the insurer's most recent annual statement; or
(3) With respect to either property and casualty or life, annuity, and accident and sickness business, either of the following events shall constitute a material revision which must be reported:
(A) An authorized reinsurer representing more than 10 percent of a total cession is replaced by one or more unauthorized reinsurers; or (B) Previously established collateral requirements have been reduced or waived as respects one or more unauthorized reinsurers representing collectively more than 10 percent of a total cession.
(b) Notwithstanding the provisions of subsection (a) of this Code section, no filing shall be required if:
(1) With respect to property and casualty business, including accident and sickness
business written by a property and casualty insurer, the insurer's total written pre mium represents, on an annualized basis, less than 10 percent of its total written pre mium for direct and assumed business; or (2) With respect to life, annuity, and accident and sickness business, the total reserve
credit taken for business ceded represents, on an annualized basis, less than 10 per cent of the statutory reserve requirement prior to any cession.

TUESDAY, MARCH 14, 1995

2079

(c)(l) The following information is required to be disclosed in any report of a material nonrenewal, cancellation, or revision of ceded reinsurance agreements:
(A) The effective date of the nonrenewal, cancellation, or revision; (B) The description of the transaction with an identification of the initiator thereof; (C) The purpose of or reason for the transaction; and (D) The identity of the replacement reinsurers, if applicable. (2) Insurers are required to report all material nonrenewals, cancellations, or revisions of ceded reinsurance agreements on a nonconsolidated basis unless the insurer is part of a consolidated group of insurers which utilizes a pooling arrangement or 100 per cent reinsurance agreement that affects the solvency and integrity of the insurer's reserves and the insurer ceded substantially all of its direct and assumed business to the pool. An insurer is deemed to have ceded substantially all of its direct and assumed business to a pool if the insurer has less than $1 million total direct premi ums plus assumed written premiums during a calendar year that are not subject to a pooling arrangement and the net income of the business not subject to the pooling arrangement represents less than 5 percent of the insurer's capital and surplus."
SECTION 9. Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to self-insurers, is amended by striking subparagraphs (a)(3)(C) and (a)(3)(D) of said Code section and inserting in lieu thereof new subparagraphs (a)(3)(C) and (a)(3)(D) to read as follows:
"(C) Except as otherwise provided in subparagraph (D) of this paragraph, on or after July 1, 1994, to qualify for a certificate of self-insurance under subparagraph (B) of this paragraph, a person shall maintain with the Commissioner a cash deposit of at least $100,000.00 and shall also possess and thereafter maintain an additional amount of at least $300,000.00 which shall be invested in the types of assets described in subparagraphs (A) through (H) of Code Section 33-11-5 and Code Sec tions 33-11-10, 33-11-14.1, 33-11-20, 33-11-21, and 33-11-25, which relate to various types of authorized investments for insurers. (D) Any person operating as a self-insurer pursuant to a certificate of self-insurance issued prior to July 1, 1994, shall be allowed a transition period in which to meet the requirements of subparagraph (C) of this paragraph; provided, however, on and after ihriy i; 1006 December 31, 1995, all self-insurers under this paragraph shall comply fully with the requirements of subparagraph (C) of this paragraph. The Commissioner of Insurance shall promulgate rules and regulations relative to the transition period for compliance provided in this subparagraph."
SECTION 10. In the event another Act requiring insurance coverage for child wellness services is enacted by the General Assembly during the 1995 regular session, it is the specific intent of the General Assembly that Sections 3 and 4 of this Act requiring insurance coverage for child wellness services shall be given effect and shall control over the provisions of such other Act requiring such coverage.
SECTION 11. (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. (b) Sections 3, 4, 5, 6, 7, and 8 of this Act shall become effective on July 1, 1995.
SECTION 12. All laws and 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:

2080
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 N Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner NBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless
Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Cox Y Crawford

JOURNAL OF THE HOUSE,

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 Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden 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 Y Jones Y Joyce YKaye
Kinnamon Y Klein YLadd NLakly YLane Y Lawrence
YLee Y Lewis
Y Lifsey YLord Y Lucas
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

Parham Y Parrish Y Parsons Y Pelote
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 N Sanders
Y Sauder Scoggins
Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
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 Y Stanley, P
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
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 149, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

The following amendment was read and adopted:

Representative Kaye of the 37th, et al. move to amend SB 54 by striking lines 5 through 10 on page 4 and inserting in lieu thereof the following:
"(1) A mechanism for declaring the charter null and void if eve* two-thirds a majority of the facultyj and instructional staff of the schoolj and parents present at a meeting called for the purpose of deciding whether to declare the charter null and void request the state board to withdraw the charter or if, at any time, in the opinion of the state board, the school enjoying charter school status fails to fulfill the terms of the charter;".
By striking lines 17 and 18 on page 4 and inserting in lieu thereof the following:

TUESDAY, MARCH 14, 1995

2081

"we* two-thirds a majority of the faculty^ and instructional staff, and parents present at a meeting called for the purpose of deciding whether to update the the terms of the charter, based upon the yearly progress".
By striking line 2 on page 5 and inserting in lieu thereof the following:
"majority of the faculty2 and instructional staffj and parents present at a meeting called for the purpose of deciding whether to renew the charter."

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
Y Baker Y Bannister Y Barfoot Y Bargerun Y Barnard Y Barnes
Bates Y Benefield Y Birdsong
Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless
Channell Y Childers Y Coker Y Coleman, B
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 YDix 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 Hanner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y 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 YKaye Y Kinnamon Y Klein YLadd N Lakly
Lane 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 N 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
Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Jgms 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 Spelling
Snow 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
Towery Y Trense N Turnquest
Twiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts N Westmoreland 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 152, nays 7.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The Speaker assumed the Chair.

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.

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The following Committee substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to comprehensively change the provisions relating to the use of radar speed detection devices; to change the administration of the issuance and revocation of permits for radar speed detection devices from the commissioner of public safety and Department of Public Safety to the executive director of the Georgia Peace Officer Stan dards and Training Council and such council; to change the provisions relating to the sus pension or revocation of the driver's license of a habitually negligent or dangerous driver; to provide additional definitions; to change the provisions relating to the permit required for use of radar speed detection devices; to change the provisions relating to application for a permit to operate a radar speed detection device; to provide for rules of the Georgia Peace Officer Standards and Training Council for the administration of this Act; to change the provisions relating to certification of radar speed detection devices; to change the pro visions relating to investigations of complaints concerning the use of such devices; to change the provisions relating to the right of an administrative hearing upon permit sus pension or revocation; to change the provisions relating to administrative and judicial appeal of a decision suspending or revoking a permit; to change the provisions relating to a petition for reconsideration following permit suspension or revocation; to change the pro visions relating to a rehearing or restoration of a permit at the direction of the Governor; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to defi nitions applicable to the "Georgia Peace Officer Standards and Training Act," so as to change the definition of the term "speed detection device"; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 40-5-57, relating to the suspension or revocation of the driver's license of a habitually neg ligent or dangerous driver, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) Any points assessed against an individual for exceeding the speed limit shall be deducted from that individual's accumulated violation point count and the uniform traffic citation issued therefor shall be removed from the individual's record if:
(A) The points were assessed based on the use of a radar speed detection device by a county or municipality during a period of time when the commiaaieaef execu tive director of the Georgia Peace Officer Standards and Training Council has determined that such county or municipality was operating a radar speed detection device in violation of Chapter 14 of this title, relating to the use of radar speed detection devices; and (B) The commiaatener executive director of the Georgia Peace Officer Standards and Training Council has suspended or revoked the radar speed detection device permit of such county or municipality pursuant to Code Section 40-14-11."
SECTION 2. Said title is further amended by striking in its entirety Chapter 14, relating to the use of radar speed detection devices, and inserting in lieu thereof a new Chapter 14 to read as follows:
"CHAPTER 14
40-14-1.
As used in this chapter, the term: (1) 'Campus' means the grounds owned or occupied by a college or university.

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(2) 'Campus law enforcement agency' means the campus agency charged with the enforcement of the laws of this state. (3) 'College or university' means an accredited public or private educational institu tion of higher learning. (4) 'Council' means the Georgia Peace Officer Standards and Training Council estab lished in Code Section 35-8-3. (5) 'Executive director' means the executive director of the Georgia Peace Officer Standards and Training Council provided for in Code Section 35-8-6. W{6^ 'Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name 'Vascar' or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the principle of radar. All such devices must meet or exceed the minimum performance specifications established by the Department ef- Public Safety council.
40-14-2.
(a) The law enforcement officers of the various counties, municipalities, colleges, and universities may use speed detection devices only if the governing authorities of such counties and municipalities or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department ef Public Safety council for a permit to use such devices in accordance with this chapter. (b) No county, municipality, college, or university shall be authorized to use speed detection devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee.
40-14-3.
(a) The governing authority of any county or municipality and the president of a college or university may apply to the Department ef P-blie Safety council for a permit to authorize the use of speed detection devices for purposes of traffic control within such counties, municipalities, colleges, or universities on streets, roads, and highways, pro vided the city, county, college, or university shall name the street or road on which the device is to be used and the speed limits on such street or road shall have been approved by the Division Office of Traffic Engineering and Safety Operations of the Department of Transportation. (b) The Department ef- Public Safety council is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the appli cants. (c) All Board of Public Safety rules currently in effect regarding radar speed detection devices shall be considered and deemed rules of the Georgia Peace Officer Standards and Training Council and shall have the same force and effect as if they had been enacted by the Georgia Peace Officer Standards and Training Council until such rules are amended or repealed by the Georgia Peace Officer Standards and Training Council.
40-14-4.
No state, county, municipal, or campus law enforcement agency may use speed detection devices unless the agency possesses a license in compliance with Federal Communica tions Commission rules, and unless each device, before being placed in service and annu ally after being placed in service, is certified for compliance by a technician possessing a certification as required by the Department ef- P-blie Safety council.
40-14-5.
(a) Each state, county, municipal, or campus law enforcement officer using a radar device shall test the device for accuracy and record and maintain the results of the test at the beginning and end of each duty tour. Each such test shall be made in accordance with the manufacturer's recommended procedure. Any radar unit not meeting the manu facturer's minimum accuracy requirements shall be removed from service and thereafter shall not be used by the state, county, municipal, or campus law enforcement agency

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until it has been serviced, calibrated, and recertified by a technician with the qualifica tions specified in Code Section 40-14-4. (b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the device that the person has a right to request the officer to test the device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the device for accuracy. In the event the device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, cali brated, and recertified by a technician with the qualifications specified in Code Section 40-14-4.
40-14-6.
Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this Code section.
40-14-7.
No stationary speed detection device shall be employed by county, municipal, college, or university law enforcement officers where the vehicle from which the device is oper ated is obstructed from the view of approaching motorists or is otherwise not visible for a distance of at least 500 feet.
40-14-8.
(a) No county, city, or campus officer shall be allowed to make a case based on the use of any speed detection device, unless the speed of the vehicle exceeds the posted speed limit by more than ten miles per hour and no conviction shall be had thereon unless such speed is more than ten miles per hour above the posted speed limit. (b) The limitations contained in subsection (a) of this Code section shall not apply in properly marked school zones one hour before, during, and one hour after the normal hours of school operation and in properly marked residential zones. For purposes of this chapter, thoroughfares with speed limits of 35 miles per hour or more shall not be con sidered residential districts.
40-14-9.
Evidence obtained by county or municipal law enforcement officers in using speed detec tion devices within 300 feet of a reduction of a speed limit inside an incorporated munic ipality or within 600 feet of a reduction of a speed limit outside an incorporated municipality or consolidated city-county government shall be inadmissible in the prose cution of a violation of any municipal ordinance, county ordinance, or state law regu lating speed; nor shall such evidence be admissible in the prosecution of a violation as aforesaid when such violation has occurred within 30 days following a reduction of the speed limit in the area where the violation took place. No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any portion of any highway which has a grade in excess of 7 percent.
40-14-10. It shall be unlawful for radar speed detection devices to be used in any county or munic ipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reis sued. It shall be unlawful for any official of such county, municipality, college, or univer sity to order such radar speed detection devices to be used. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use

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any such radar speed detection devices. Any such official or law enforcement officer vio lating this Code section shall be guilty of a misdemeanor.
40-14-11. Upon a complaint being made to the commiaaieBer ef public safety executive director that any county, municipality, college, or university is employing radar speed detection devices for purposes other than the promotion of the public health, welfare, and safety, the commiaaioncr executive director or his or her designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, col lege, or university with respect to radar speed detection devices. If, as a result of this investigation, the commisaieaer executive director or his or her designee finds that there is probable cause to suspend or revoke the radar speed detection device permit of such county, municipality, college, or university, he or she shall issue an order to that effect.
40-14-12. Upon issuance by the commiaaieBer ef public safety executive director of an order sus pending or revoking the radar speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be afforded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commiaaieflef er deputy commissioner ef pttbKe safety executive director, and following the hearing the county, municipality, college, or univer sity affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated.
40-14-13. Any county, municipality, college, or university aggrieved by a decision of the commia siener ef deputy comniissieBer ef public safety executive director suspending or revoking its radar speed detection device permit may appeal that decision within 30 days of its effective date to the Beard ef PttWie Safety council, which shall schedule a hearing with respect thereto before the beard council. Following a hearing before the beard council, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the beard council may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied the use of the radar speed detection device until after such appeal is decided by the court.
40-14-14. At the expiration of six months following the suspension or revocation of a radar speed detection device permit by the Beard ef Pttbwe Safety council or, if no appeal was taken, by the commissioner er deputy commiaaieBer ef public safety executive director, the gov erning authority of any such county or municipality or the president of any such college or university may, upon a change of circumstances being shown to the commissioner executive director, petition the commiaaieBer executive director for a reconsideration of whether such county, municipality, college, or university should be permitted to use radar speed detection devices within their respective jurisdictions.
40-14-15. The Governor, in his or her discretion, may direct the commissioner ef psbtte safety executive director, or his or her delegate, to inquire into such change of circumstances and report the same to him or her together with any recommendations he or she might have. The Governor, in his or her discretion, may order a new hearing on the matter before the Beard ef Public Safety council or may, without hearing, issue his or her order directing the commiaaieBer executive director to grant a permit to such a county, munic ipality, college, or university to use speed detection devices. If a county, municipality, college, or university shall not be granted a permit to use such devices, it shall not apply for a rehearing until the expiration of six months.
40-14-16.

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No speeding violation of less than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Public Safety for the purpose of suspending or revoking the driver's license of the violator. No speeding violation report by a county, municipality, or college or university campus to the Department of Public Safety which fails to specify the speed of the violator shall be used by the Department of Public Safety to revoke the driver's license of a violator."
SECTION 3. Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Peace Officer Standards and Training Act," is amended by striking paragraph (11) in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows:
"(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 ef PttbHe Safety Georgia Peace Officer Standards and Training Council for the measurement of speed, including any device for the measure ment of speed or velocity based upon the principle of radar."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Perry of the llth and Stancil of the 16th move to amend the Committee substitute to SB 320 by inserting on line 4 of page 1 after "devices;" the following:
"to provide for limitations on the use of radar speed detection devices by county, munic ipal, and campus law enforcement officers on roads in the system of national interstate and defense highways;".
By inserting at the end of line 18 of page 6 the following:
"No speed detection device shall be employed by county, municipal, or campus law enforcement officers on any road in this state which is a part of the system of national interstate and defense highways where the maximum speed limit is 55 miles per hour.".

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 Ashc Y Bailey Y Baker Y Bannister Y Barfoot
Bargeron Y Barnard
Barnes Bates
Y Benefield Y Birdsong
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
Channell Y Childers Y Coker Y Coleman, B
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
Ehrhart Y Epps 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 Heckstall

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2087

Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
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 Y Kinnamon
Y Klein YLadd Y Lakly
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
Orrock Y Parham Y Parrish
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
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 Y Stancil, S Y Stanley, L Y Stanley, P
Stepbenson 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 157, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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

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".

The following Senate substitute was read:

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 under certain circumstances the court may require that informa tion concerning a victim's address, telephone number, or place of employment shall not be transmitted to the defendant; 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 proce dural 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 institu tions 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.

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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, 1994, no award made under the provisions of this chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $5,000.00 in the aggregate; provided, however, with respect to any claim filed with the board as a result of a crime occurring on or after July 1^ 1995, no award made under the provisions of the chapter payable to a victim and to all other claimants sustaining economic loss because of injury to or death of such victim shall exceed $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. (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 or Article 3 of Chapter 7 of Title 16, relating to bur glary and arson; Article 1 or Article 2 of Chapter 8 of Title 16, relating to offenses involving theft and armed robbery; Code Section 16-12-100, relating to sexual exploi tation of children; Code Section 40-6-393, relating to homicide by vehicle; Code Sec tion 40-6-393.1, relating to feticide by vehicle; or Code Section 40-6-394, relating to serious injury by vehicle. (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 respon sible for the investigation of the crime. (7) 'Notice,' 'notification,' or 'notify' 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 notice,' 'prompt notification,' or 'promptly notify' 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.

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(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 chapter shall advise the vic tim 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:
(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 (9) 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.

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(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) Whenever possible, 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) Upon initial contact with a victim, a prosecuting attorney shall give prompt notifica tion 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 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. As a condition of permitting a response to an inquiry as to the victim's current address, telephone number, or place of employment, the court may require counsel or any other officer of the court, including but not limited to counsel for the defendant, not to trans mit or permit transmission to the defendant of the victim's current address, telephone number, or place of employment by the counsel or officer of the court or any employee, agent, or other representative of the counsel or officer of the court.
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.

TUESDAY, MARCH 14, 1995

2091

17-17-12. (a) Upon the written request of the victim, the prosecuting attorney shall notify the vic tim 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 or remanded 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.
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 3. 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

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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 corrcctiona. {2)^1} 'Crime' means an act committed in this state which constitutes crime as Qeiincu i&y state or icdcral law and wtticn results in pnysical injury er dcatli to tne 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 or 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. {)(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. (6) 'Victim' means person who auffcrs personal physical tftjwy er death as result of ft crime ftfiu fni&ii include mcuiDePS or trie immcd istc ifliHiiy of ft victim wno dies
(b) If the identity of a victim of a crime has been verified by the prosecuting attorney, who has, at the request of such victim, mailed a letter to the eemmisstenef of corrections custodial authority requesting that the victim be notified of a change in the custodial status of an offender, then the commissioner of corrcctiona er tne commissioner's dcsig nee custodial 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 victim 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 releasej or as soon thereafter as is practical 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. The commissioner of corrections er 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 er cus todial authority in writing. (d) If an offender escapes from imprisonment or incarceration, including from release on extended furlough or work release, the commissioner er 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 commissioner er 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 commissioner custodial authority with a current address.

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(f) A designated official in the Department of Corrections^ 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 a*et th Department ef Corrections custodial authority shall not be liable for a failure to notify the victim."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Baker of the 70th moved that the House agree to the Senate substitute to HB 170.
On the motion, the ayes were 109, nays 1.
The motion prevailed.

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 Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 335 by inserting on line 21 on page 24, immediately following the word "auc tion", the word "or salvage pool".

SENATE AMENDMENT NO. 2
Amend HB 335 by inserting on line 38 on page 23, immediately following the word "facil ity", the following:
"j provided, however, that the owner shall be notified either in person or by registered mail prior to the impounding of a used motor vehicle".

Representative Skipper of the 137th moved that the House agree to the Senate amendments to HB 335.
On the motion, the ayes were 113, nays 0.
The motion prevailed.

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 Senate substitute was read:

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A BILL
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to change the provisions relating to required conduct of applicants and grounds for refusal of appraiser classification; to provide conditions under which the Georgia Real Estate Appraisers Board may issue an appraiser classifica tion after certain sanctions or a lapsing or surrender of the applicant's license or classifica tion; to change the definition of the term "broker"; to define additional terms applicable to real estate brokers and salespersons; to change the provisions relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership; to change the provisions relating to license fees applicable to real estate brokers and salespersons; to provide for the effect of emergencies or natural disasters with respect to the payment of certain license fees by real estate bro kers and certain other persons; to change the provisions relating to the granting, revoca tion, or suspension of licenses; to provide conditions under which the Georgia Real Estate Commission may issue an associate broker's or broker's license after an applicant has been sanctioned or after the lapsing or surrender of an associate broker's or broker's license; to change the provisions relating to the revocation or suspension of licenses of copartnerships; to provide for the revocation or suspension of licenses of limited liability companies; to change the provisions relating to management of firm and licensed affiliates; to change cer tain exceptions applicable to real estate brokers and salespersons; to provide an exception with respect to property management services on properties available for less than 90 days' occupancy under certain conditions; to repeal a certain exception relating to the manage ment of residential rental property; to change the provisions relating to a person acting without a license; to amend Code Section 44-14-601 of the Official Code of Georgia Anno tated, relating to definitions applicable to the "Commercial Real Estate Broker Lien Act," so as to change a certain reference; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Code Section 43-39A-11, relating to fees for examina tion, 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 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.

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(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. (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.

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(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 title 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 a applicant for to* appraiser classification has been sanctioned fey the feefd er fey a similar feeard 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. A applicant fer a appraiser classification whe has had an occupational registration, license, er 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 fee granted issue an appraiser classifi cation fey the feear4 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. Said title is further amended by striking in its entirety Code Section 43-40-1, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 43-40-1 to read as follows:
"43-40-1.
As used in this chapter, the term: (1) 'Associate broker' means a person who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker. (2) 'Broker' means any person who, for another, and who, for a fee, commission, or any other valuable consideration or with the intent or expectation of receiving the same from another, negotiates another:

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(A) Negotiates or attempts to negotiate, or assists in procuring prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or of the improvements thereon, including persona holding themselves thereon; (B) Holds himself or herself out as a referral agents agent for the purpose of securing prospects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate, or collects estate; (C) Collects rents or attempts to collect rents, or wfee advertises or holds himself etrt as engaged i any ef-the foregoing. 'Broker' atee includca: rents; {A)(D) Is Any petsen employed by or on behalf of the owner or owners of lotsz time-share intervals, or other parcels of real estate at a salary, fee, commission, or any other valuable consideration to sell such real estate or any part thereof in lots or parcels or intervals or other disposition thereof; {B}(E) Engages Any peen wne engages in the business of charging an advance fee or contracting for collecting of a fee, other than an advertising fee, in connection with any contract whereby he or she undertakes primarily to promote the sale of real estate either through its listing in a publication issued primarily for such pur pose, or for referral of information concerning such real estate to brokers, or both; {}(F) Auctions Any person who, for another, auctions or offers or attempts or agrees to auction real estate; or {BKG) Buys Any person who, for another, buys or offers to buy, sells or offers to sell, or otherwise deals in options to buy real estate;? (H) Performs property management services; (I) Provides or attempts to provide to any party to a real estate transaction consult ing services designed to assist the party in the negotiations or procurement of pros pects for the listing, sale, purchase, exchange, renting, lease, or option for any real estate or the improvements thereon; or (J) Advertises or holds himself or herself out as engaged in any of the foregoing. (3) 'Commission' means the Georgia Real Estate Commission. (4) 'Commissioner' means the real estate commissioner. (5) 'Licensee' means any person who is licensed as a salesperson, associate broker, or broker. (6) 'Person' means individuals, corporations, limited liability companies, and partner ships. (7) 'Property management services' means the provision, for a valuable consideration, to another of marketing; leasing; physical, administrative, or financial maintenance; and overall management of real property; or supervision of the foregoing activities for another pursuant to a property management agreement. {7}{8^ 'Purchaser' means a person who acquired or attempts to acquire or succeeds to an interest in land. {8}(9) 'Real estate' means condominiums and leaseholds, as well as any other interest or estate in land, whether corporeal, incorporeal, freehold or nonfreehold and whether the real estate is situated in this state or elsewhere; and shall also include a mobile home when such mobile home is affixed to land. 'Mobile home,' as used in this para graph, means any factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units and designed to be used as a dwelling unit or units. 49K10) 'Salesperson' means any person, other than an associate broker, who acts on behalf of a real estate broker in performing any act authorized by this chapter to be performed by the broker."
SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 43-40-10, relating to the granting of a broker's license, associate broker's license, or salesperson's license to a corporation, limited liability company, or partnership, and insert ing in lieu thereof a new subsection (a) to read as follows:
"(a) No broker's license shall be granted to a corporation, limited liability company, or partnership unless: (1) said corporation, limited liability company, or partnership desig nates an individual licensed as a broker as its qualifying broker who shall be responsible

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for assuring that the corporation, limited liability company, or partnership and its affili ated licensees comply with the provisions of this chapter and its attendant rules and regulations; and (2) said corporation, limited liability company, or partnership authorizes its qualifying broker to bind the corporation, limited liability company, or partnership to any settlement of a contested case before the commission as defined in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in which said corporation, lim ited liability company, or partnership may be a named respondent. Violations of this chapter or its rules and regulations by a corporation, limited liability company, or part nership licensed as a broker shall subject the license of the qualifying broker to sanction as authorized by this chapter. No broker's license shall be granted to a corporation, lim ited liability company, or partnership unless every person who acts as a licensee for such corporation, limited liability company, or partnership shall hold a real estate license."
SECTION 5. Said title is further amended by striking in its entirety Code Section 43-40-12, relating to license fees, and inserting in lieu thereof a new Code Section 43-40-12 to read as follows:
"43-40-12.
(a) To pay the expense of the maintenance and operation of the office of the commis sion and the enforcement of this chapter, the commission shall establish reasonable fees in accordance with Code Sections 43-40-13 and 43-40-3 and in accordance with its rulemaking authority. No fee or portion of a fee required under this chapter which is paid to the commission shall be refunded. Each licensee shall be responsible for filing his or her own fees. (b) When the commission administers an examination, at the time an application for examination is submitted, the commission shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an exami nation, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (c) Prior to the issuance of an original license, each applicant who has passed the exami nation required by Code Section 43-40-8 and each corporation, limited liability company, and partnership shall pay an activation fee in advance. (d) All licenses shall be renewed periodically as determined by the commission in its rules and regulations, and the commission shall charge a fee for any such license renewed. The time for renewal of a license and the number of years for which it may be renewed shall be in the discretion of the commission. All fees shall be deposited into the state treasury for the expenses of the commission. This Code section shall not obvi ate any other fees or conditions required to maintain such license in accordance with this chapter. A license not renewed in accordance with this subsection shall be viewed as lapsed. (e) Applications and fees must be filed personally in the commission's offices during regular business hours or may be mailed to the commission's offices in a letter post marked by the United States Postal Service. (f) Any licensee whose license lapses for failure to pay a renewal fee may reinstate that license 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 license was lapsed plus a reinstatement fee. If any licensee who has passed an examina tion administered by or approved by the commission allows a license to lapse for a period longer than two years and less than ten years due solely to a failure to pay a renewal fee, the licensee may reinstate that license by paying the total amount of all renewal fees and late charges which would have been due during the period when the license was lapsed plus a reinstatement fee and by successfully completing any educa tional course or courses which the commission may require. Any licensee whes license
section SttftH inerefittct o& 9ueject to tiie cot)11nuin cduCQtion PCQUirements or SUDSCCTM tien {4} ef Code Section 43-40-8. Any licensee whose license has lapsed for longer than ten years for failure to pay a renewal fee and who seeks to reinstate that license must meet the education and examination requirements for that license as set forth in Code

TUESDAY, MARCH 14, 1995

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Section 43-40-8. Any nonresident licensee whose license lapses for failure to pay a renewal fee may reactivate that license by paying the fee required of an original appli cant if such nonresident licensee has maintained an active license in his or her state of residence during the period that his or her license lapsed and has met its continuing education requirements. Any licensee whose license has lapsed for longer than one year and who is not subject to the continuing education requirements of subsection (d) of Code Section 43-40-8 and who reinstates such license under the terms of this subsection shall thereafter be subject to the continuing education requirements of subsection (d) of Code Section 43-40-8.
(g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 14 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connec tion with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. This educa tion requirement for activating a license on inactive status shall not apply to licensees who meet the continuing education requirement of subsection (d) of Code Section 43-40-8 in each renewal period that they are on inactive status nor to licensees who maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia.
(h) Any licensee who places a license on inactive status after June 30, 1985, shall be required to pay the license renewal fee provided for in subsection (d) of this Code sec tion. Whenever any licensee on inactive status fails to pay the required renewal fees, the licensee's license shall be lapsed. Licensees whose licenses were placed on inactive status prior to July 1, 1985, shall remain subject to the conditions for reactivating their licenses which were in effect at the time they placed their licenses on inactive status. However, any license placed on inactive status prior to July 1, 1985, which has been or will be on inactive status for a period of five years or longer shall be lapsed, provided that, if such licensee seeks reinstatement within ten years of placing a license on inactive status, the licensee shall be allowed to reinstate the license under the terms the law permitted at the time the license was placed on inactive status. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 14 days.
(i) Any check which is presented to the commission as payment for any fee which the commission is permitted to charge under this chapter and which is returned unpaid may be cause for denial of license or for imposing any sanction permitted under Code Section 43-40-25.
(j) Any licensed broker or associate broker who wishes to be licensed as a salesperson may do so by surrendering that broker's license and applying for a license as a salesperson. No examination shall be required of a licensed broker or associate broker who surrenders that license and applies for a salesperson's license. In the event that such person later wishes to be relicensed as a broker, no additional broker's examination shall be required. When a licensee changes status as contemplated in this subsection, the licensee shall be required to pay the same fee as an original applicant,
(k) Should a license be suspended or revoked, as provided for by this chapter, said sus pension or revocation shall prevent the licensee from making either application as set out in subsection (j) of this Code section.
(1) Any school approved to offer required education courses under this chapter and instructors approved to teach those courses shall pay the same original application fee and renewal fee established by the commission for broker applicants and licensees. If

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such approvals lapse, the school or instructor may reinstate 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 and by successfully completing any educational course or courses which the commission may require, (m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who:
(1) Fails to notify the commission in writing within 14 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new com pany, or of leaving a firm to go on inactive status; (2) Fails to affiliate with a new company or to apply to go on inactive status within 14 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; and (3) Fails to respond within 14 days to a written inquiry from the commission request ing further information on any application the licensee has filed with the commission. (n) Whenever a licensee who resides in a county designated as a disaster area by state or federal authorities suffers uninsured major damage or loss to such licensee's residence or place of business, the commission may extend such licensee's renewal period for up to two years without further payment of any fee by the licensee upon satisfactory proof of the licensee's uninsured major damage or loss. The commission is further authorized to make appropriate adjustments in deadline dates mandated by this chapter for appli cations filed by applicants and licensees located in counties designated as disaster areas by state or federal authorities."
SECTION 6. Said title is further amended by striking in its entirety subsection (h) of Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, 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 the license of an applicant for a salesperson's, associate bro ker's, or broker's license or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other st&tGi or flny wiicrc &n dpp11cflfit tor ft sdicspcrson s, sssoci&*c DFOKCP 9, or DPOKCP s license has bee sanctioned by th commission or by a- similar commission ef any ether state e* foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such sanction lapsing, or surrender in itself may be a sufficient ground for refusal of a license. A applicant for liccnsure as Q98ociAte Droitcr of d Droiicr wtto lifts rifld ft license revoiceu oy yyjicncvcr fliiy occupfl~ tional licensing body of this state, any other state, or any foreign country has revoked the license of an applicant for a salesperson's, associate broker's, or broker's license or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, any other state, or foreign country after that body has initiated an investigation or a disciplinary process regarding such appli cant's license, the commission may be licensed by th commission as issue an associate bfeief broker's or a broker broker's license only if:
(1) At least ten years have passed since the date that the applicant's occupational license was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public."
SECTION 7. Said title is further amended by striking in its entirety Code Section 43-40-17, relating to revocation or suspension of a license of copartnership, and inserting in lieu thereof a new Code Section 43-40-17 to read as follows:

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"43-40-17.
In the event of the revocation or suspension of the license issued to any partner of a partnership, to any member of a copartnership limited liability company, or to any offi cer of a corporation, the license issued to such copartnership partnership, limited liabil Fity- company, or corporation shall be revoked by the commission unless, within a time fixxced by the commission, where a copartnership partnership or limited liability company. the connection therewith of the partner or member whose license has been revoked is severed and hia such person's interest in the copartnership partnership or limited liabil ity company and his such person's share in its activities brought to an end or, where a corporation, the offending officer is discharged and shall have no further participation in its activities."
SECTION 8. Said title is further amended by striking in its entirety subsection (e) of Code Section 43-40-18, relating to management of firm and licensed affiliates, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Any firm which operates as a sole proprietorship must be owned entirely by a licensed broker. The qualifying broker for a firm which operates as a partnership must be a partner. If all partners of a partnership are corporations, the qualifying broker of such a partnership must be one of the partner corporation's officers whose actions are binding on both that corporation and the partnership. The qualifying broker for a firm which operates as a limited partnership must be the general partner. If the general part ner of a limited partnership is a corporation, the qualifying broker of such a limited partnership must be one of that corporation's officers whose actions are binding on both the corporation and the general partner. The qualifying broker for a firm which operates as a limited liability company must be a member or, if the articles of organization or a written operating agreement vests management of the limited liability company in a manager or managers, a manager may serve as the qualifying broker. The qualifying bro ker for a firm which operates as a corporation must be an officer of the corporation. The broker or qualifying broker of any real estate firm must have signatory powers on all trust accounts which the firm maintains."
SECTION 9. Said title is further amended by striking in its entirety Code Section 43-40-29, relating to exceptions to operation of said chapter, and inserting in lieu thereof a new Code Section 43-40-29 to read as follows:
"43-40-29.
(a) Except as otherwise provided, this chapter shall not apply to: (1) Any person who, as owner, as the spouse of an owner, as general partner of a lim ited partnership, as lessor, or as prospective purchaser or their regular employees, per forms any act with reference to property owned, leased, or to be acquired by such owner, limited partnership, lessor, or prospective purchaser where such acts are per formed in the regular course of, or as incident to, the management of such property and the investment therein or any person who manages residential apartment com plexes under a contract approved by any federal agency for an organization which is exempt from federal taxes pursuant to Section 501(c)(3) of the Internal Revenue Code, as defined in Code Section 48-1-2, provided that such person was engaged in managing such property under such type contract prior to January 1, 1989; (2) An attorney in fact under a duly executed power of attorney to convey real estate from the owner or lessor; (3) A licensed practicing attorney acting solely as an incident to the practice of law; (4) Any person acting as receiver, trustee in bankruptcy, administrator, executor, or guardian or acting under a court order or under the authority of a will or of a trust instrument; (5) Any officer or employee of a government agency in the conduct of official duties; (6) Any person employed by a public or private utility who performs any act with ref erence to property owned, leased, or to be acquired by the utility employing that per son, where such acts are performed in the regular course of, or as incident to, the management of such property and the investment therein;

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(7) Any person who, as owner or through another person engaged by such owner on a full-time basis, provides property management services, buys, sells, leases, manages, auctions, or otherwise deals with property owned by such person; (8) Any person employed on a full-time basis by the owner of property for the pur pose of providing property management services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; er (9) Any person acting as a referral agent who is not involved in the actual negotia tions, execution of documents, collection of rent, management of property, or other related activity which involves more than the mere referral of one person to another and who[
(A) Does dees not receive a fee for such referral from the party being referred;
(B) Does not charge an advance fee; and (C) Does not act as a referral agent in more than three transactions per year; (10) Any individual employed bjr a broker to assist in the management of property on which the broker has a written management agreement that the broker procured from and negotiated with the owner, provided that such individual's activities are limited to one or more of the following: (A) Delivering a lease application, a lease, or any amendment thereto to any person; _(B__)__R_e_c_e_i_v_in_g_ _a _le_a_s_e _a_p_p_l_ic__a_ti_o_nu,, aa liceqaosep,, or any amendment thereto, a securit;y deposit, rental payment, or any related paynnent for deliver to and made payable to the broker or the owner; (C) Showing a rental unit to any person, provided that the employee is acting under the direct instructions of the broker and makes no representations regarding the condition of the property, amenities that the owner or broker may provide, or the terms under which the property may be leased; (D) Providing, without any verbal representations as to its contents, written infor mation prepared by the broker or previously expressly approved by the broker about a rental unit, a lease application, or a lease; (E) Providing information to a tenant about the status of such tenant's security deposit or rent payments or to an owner about the owner's financial accounts and payments from the owner's tenants; and (F) Performing physical maintenance on a property. Any broker utilizing the services of such an employee shall be held responsible under this chapter for the activities of that individual; or (11) Any person who provides property management services on properties available for less than 90 days' occupancy by guests or occupants and meets all of the following conditions: (A) The property manager enters into a written agreement with the owner specify ing all terms and conditions under which the property is to be managed, the report ing of income and expenses, and the remitting of income to the owner; (B) The management agreement between the property manager and the owner does not allow the property manager to rent or lease the property and any agreement between the property manager and the guest or occupant is not a lease or rental agreement; (C) Any applicable zoning laws do not prohibit short-term occupancy uses of the
(D) The guest's or occupant's occupancy is for less than 90 days; (E) No deposit exceeds the cost of the rental required for the minimum rental
period; (F) The guest or occupant pays any required state or local sales taxes or excise taxes on rooms, lodgings, and accommodations and the property manager has any required state or local business licenses or permits; (G) The property manager has the authority to specify rooms or units that the guest or occupant will occupy; (H) No extra charge is made for basic utilities; (I) Notice is not required for a guest or occupant to terminate occupancy of the room or unit, except as provided under the provisions of Article 1. of Chapter 21 of this title; and

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(J) The room or unit is not the permanent residence of the guest or occupant. (b) The exceptions provided by subsection (a) of this Code section shall not apply to any person, other than an owner or individuals who are full-time employees of the owner, who performs the acts of a broker on property required to be registered under Article 1, 2, or 5 of Chapter 3 of Title 44. (c) The exceptions provided by subsection (a) of this Code section shall not apply to any person who holds a real estate license. (d) Any individual employed fey ferekef te manage residential rental property en feehatf ef- the bfeke? tMtte* a written management agreement which the broker procured from and negotiated with the ewner shall net fee required te he liecnacd under thia ehaptefr Any breker utilizing the services ef- saeh an individual shall be heki rcoponaible tmder thia chapter fer the brokerage activities ef that individual. {e)(d) The exceptions in subsection (a) of this Code section are not applicable to a per son who uses or attempts to use them for the purpose of evading licensure required by this chapter."
SECTION 10. Said title is further amended by striking in its entirety subsection (b) of Code Section 43-40-30, relating to a person acting without a license and cease and desist orders, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, a licensee within this state without first obtain ing a license as provided in this chapter unless such person is exempted from obtaining a license under Code Section 43-40-29. Except as provided by subsection W ef- Code
persen te perform the acts ef a feal estate licensee in behalf ef such licensee."
SECTION 11. Code Section 44-14-601 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Commercial Real Estate Broker Lien Act," is amended by striking para graph (5) in its entirety and inserting in lieu thereof a new paragraph (5) to read as fol lows:
"(5) 'Real estate' means real estate as defined in paragraph {8} (9) of Code Section 43-40-1."
SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Representative Skipper of the 137th moved that the House agree to the Senate substi tute to HB 344.
On the motion, the ayes were 105, nays 0.
The motion prevailed.

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 Senate 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

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change certain licensing and registration deadlines; to provide for penalties for late regis tration; to amend Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to change certain provisions relative to filing an application for a certificate of title; to change certain provisions relative to perfection of a dealer's security interest in a motor vehicle; 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 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 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the fol lowing:
"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 yea* 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 ef any year which is required to be registered and which does not have attached to the rear thereof a num bered license plate and current revalidation deeal decals affixed to the ppef right-hand eeraer a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. It shall be a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid numbered license plate properly validated; provided, however, that the purchaser of a new vehicle or a vehicle which does not have a current and valid registration or a used vehicle may operate such vehicle on the public highways and streets of this state without a current valid license plate during the 21 day period within which the purchaser is required by Code Section 40-2-20 to register or transfer the registration of such vehicle and provided, further, that the pur chaser 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 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 2. 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:

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"(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, en er before May i except as provided in paragraph (3) of this subsection, during the owner's registration period in each yearj before operating such motor vehicle er tfftHer, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing year 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 tractors and motorcycles, or trailer shall, within 21 days of the date of purchase of such vehicle, register such vehicle as provided in this chapter and obtain a license to operate it for the ensuing yea* period remaining until such person's next registration period; provided, however, that if such vehicle is acquired after the owner's registration 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~d~uring such owner's next registration period. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 21 days of the purchase of such vehicle, transfer such registration as provided in Code Section 40-2-42. No person, company, or corporation, including, but not limited to, used motor vehicle dealers and auto auctions, shall sell or transfer a motor vehicle without providing to the purchaser or transferee of such motor vehicle the current Georgia certificate of registration on such vehicle at the time of such sale or transfer or, if such vehicle does not have a
current and valid Georgia certificate of registration, the last certificate of registration for such vehicle; provided, however, that in the case of a repossessed or leased motor vehicle, a court ordered sale or other involuntary transfer, a salvage motor vehicle, or a motor vehicle which is stolen but subsequently recovered by the insurance company
after payment of a total loss claim, the lienholder or lessor, the transferor, the salvage dealer, or insurer, respectively, shall not be required to obtain and transfer the certifi cate of registration for such vehicle, but shall, prior to the sale of such vehicle, surren
der the license plate of such vehicle to the commissioner or the county tag agent by personal delivery or by certified mail for cancellation; provided, further, that in those cases where there is no current and valid Georgia certificate of registration or in those situations where the person, company, or corporation selling or transferring the motor
vehicle does not possess the certificate of registration, then the purchaser or transferee of such motor vehicle, if such purchaser or transferee is a licensed motor vehicle dealer, may apply to the appropriate county or state for a replacement certificate of registration.
(2) An application for the registration of a motor vehicle may not be submitted sepa rately from the application for a certificate of title for such motor vehicle, unless a certificate of title has been issued in the owner's name, has been applied for in the owner's name, or the motor vehicle is not required to be titled. An 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.
(3) In calendar year 1997, motor vehicles registered in Georgia prior to January jj 1997, shall:
(A) In those counties which, prior to January 1^ 1996, have enacted a four-month staggered system of vehicle registration, be registered during the month established by such staggered registration system and shall obtain a registration which shall be valid until the owner's registration period in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due; or
(B) In those counties which, prior to January 1^ 1996, do not have a four-month staggered system of vehicle registration, be registered on or before May 1, 1997, and shall obtain a registration which shall be valid until the owner's registration period
in 1998, and shall return such vehicle for taxation and remit the ad valorem taxes due."
SECTION 3. 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:

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"40-2-21.
(a) As used in this Code section chapter, the term: (1) 'Name' mcana; (A) For natural persona, the surname ef the ewner whese name appears first en the certificate ef title er other reeerel ef ownership; er

whese nae appears first en the certificate ef title er ether reeerd ef ownership. {3)^1} 'Registration period' means:

GjerB; \Z7/-- J. ftc montii 0f r c DPUflpy t&t ATI owner wftosc ftftfftc DC^jms witft *

(0) The month ef- March fer an owner whose name bcgina with the letter t; M; NT XT; r; v^j er TTJ er
tnc letter o; ~x; LJ, -V"; w , Jv, TT; er 07 (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 surname appears first on the certificate of title or other record of ownership; 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 surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of January, February, or March; (II) The month of February for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of April, May, or June; (III) The month of March for the owner whose surname appears first on the certificate of title or other record of ownership and whose birthday is in the month of July, August, or September; and (IV) The month of April for the owner whose surname appears first on the cer tificate of title or other record of ownership 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}{2J '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.
(b) The Except as authorized subsection {e> ef this Code section, eaeh county te wfticft tfte pPOVI9ions >r t'ftis \jOQc section ftf nit(t& to dpply &s p^oviQOQ H% suDscction {0 ef this Code section, the owner of every vehicle registered in the previous calendar year shall; between January i a*d May i ef eaeh 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 a 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

TUESDAY, MARCH 14, 1995

2107

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 i and May 1 after the owner's registration period and who resides in a county te which tlris Code section is applicable which has a staggered registration period shall, unless such vehicle has been registered daring the current calendar yea* a current registration, register and obtain a license to operate such 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 ef before May 1 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) J. ftis vjoo.6 section sft0,11 only oppiy to ft county wnicn fttis Dccn oi*oufti under me provisions ef this Code section pursuant te local tew enacted by the General Assembly and shaH apply beginning January 1 ef-the calendar year specified in stieh local law: 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- any vehicle fi-em registering and obtaining a license for such vehicle prior te Iris registration period."
SECTION 4. 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 to the vehicle 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 26,000 pounds shall be issued annually and no revalidation decal shall be issued for such plates. Metal license plates issued on or after January 1, 1083, may be used until December 34; 1080. Metal license plates issued e er after January 1; 4990 1997. shall be used for a period of five yearsr Bicentennial license plates issued in 1076 shall net be used after tag year 1989. (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

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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 vehicler which shall indicate the year and month through which the registration of the vehicle shall be valid; provided, however, that if the commissioner 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 dceal shall be Jsatjeel with each revalidation deeed 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 vehicle for which the decal is issued is currently registered in the county named on the decal; (2) The registration for the vehicle for which the decal is issued is being transferred to a resident of the county named on the decal; or (3) An application for registration of the vehicle for which the decal is issued is being made in the county named on the decal."
SECTION 5. 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) ef- this Code section, aH 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) Failure Except as provided k subsection {e} of this Code section, faitee 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.
\Q) 1IVG8pCCWVC Or flHy ufiu11HC StfltCQ ffi 3UD9Ct>lOIl \C/ Or tftlS t^OQC 90CC1OH) IOf TR
ef fiaeney te the commissioner shall fee 30 days frees the des ef the business week tking said months. There shaH be He extension granted fre said 30 day deadline fef basiness weeks which close m March and April.

TUESDAY, MARCH 14, 1995

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{$ 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."
SECTION 6. 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) a and after May 2 each yearr 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; shall be deemed and held to be a delinquent under this Code section; and the registration of such vehicle shall, e May 2 d 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 7. 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 8. 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.
0 e* before December 34 ef each year; th 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

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license plate shall be issued to each elected sheriff for fas personal meter 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 per sonal vehicle."
SECTION 9. 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 year prior te the date that lieease 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 be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said reservist acquire another motor vehicle, the license plate issued pursu ant 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 or license plates be discharged or otherwise separated from his or her reserve unit, the immediate com manding officer of such active reservist shall obtain the discharged member's free license plate or license plates at the time of the discharge and shall forward same to the commissioner along with a certificate to the effect that such person has been dis charged, and thereupon the commissioner shall issue a regular license plate or license plates, at no additional charge, to such former reservist to replace the reservist plate or plates. Should an active reservist enlist or be commissioned after he has purchased purchasing a regular license plate for the his or her current yea* registration period,

TUESDAY, MARCH 14, 1995

2111

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 components, 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 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 appropriate 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 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 10. 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 eah yeta-, prief te th 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

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pursuant to paragraph (1) of this subsection. The adjutant general of Georgia shall furnish to the commissioner each year; prief 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 shall be removed and the authority to use the same shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member or retired member of the National Guard acquire another motor vehicle, the license plate issued pursuant to this Code section may be placed on such newly acquired motor vehicle and such member or retired mem ber shall notify the commissioner of such transfer of the license plate to such newly acquired motor vehicle in such manner as the commissioner may prescribe by regulation 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 trans fer 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 or plates 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 dis charged, and thereupon the commissioner shall issue a regular license plate or plates, 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 officer of the unit in which such member enlists or is commis sioned shall likewise secure the regular license plate of such new member and return same to the commissioner, along with a certificate to the effect that such new member has been enlisted or commissioned in the National Guard and the effective date thereof, whereupon the commissioner shall issue a National Guard license plate, at no extra charge, to such new member to replace the 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 appropriate 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; e ef before March t 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 11.
Said chapter is further amended by striking subsection (a) 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:
"(a) Motor vehicle owners who are residents of the State of Georgia and who hold an unrevoked and unexpired official amateur radio station license issued by the Federal Communications Commission, upon application, accompanied by proof of ownership of

TUESDAY, MARCH 14, 1995

2113

such license, and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles shall be issued, free of charge, a special design license plate for a private passenger vehicle upon which shall be inscribed the official amateur radio call letters of such applicant as assigned by the Federal Communi cations Commission. Each licensed amateur radio operator shall be entitled to no more than one such free plate at a time; provided, however, that, upon payment ef the regular
1ilIVj~C/XirK*fiiCn fICi-Cn! T{jiri-UnTTrlUirlCnrUl ftVniTt M ir>l tv~^*t-nIUr\Cn Q OUrUfLt1lnU1n1 "JIQO"J1 .AV_OO anlnlrUl anlnl ilnlltlv+litntll I11H1 nUtlliUnlfQnCr*Lf iUirriyil>l'tgr IC~-C~ O**f
$26.00, a licensed amateur jaeiie operator shall be entitled te one additional saeh license plate. Fe* each additional yeentse plate for which a initial $26.00 manufacturing fee was FC|uiFGu* tficFc sriflii DC dn odditiion8.1 ftnnvi&i pc^istrftiion ice 0t (p^Jo.ou wriicn ice stictli "oc coiiccccu oy tttc county td &ont fn tnc time of collection ot otncr re> istp&tion tecs
sioner may consult with licensed amateur radio operators residing in the State of Geor gia in the design of the special license plate authorized by this subsection."
SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 40-2-78, relat ing to special license plates for firefighters, in its 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 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 te the date that license plates ate issued a list of the certified firefighters of their fire departments who reside in Georgia which list shall be updated as necessary."
SECTION 13. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended by striking subsection (b) of Code Section 40-3-21, relating to application for a first certificate of title, in its entirety and inserting in lieu thereof the following:
"(b) If the application refers to a vehicle purchased from a dealer, it shall contain the name and address of the holder of any security interest created or reserved at the time of the sale by the dealer. The application shall be signed by the owner and, unless the dealer's signature appears on the certificate of title or manufacturer's statement of origin submitted in support of the title application, the dealer. The dealer shall promptly mail or deliver the application to the commissioner or his appropriate authorized the county tag agent of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides so as to have the application submitted to the commissioner or his appropriate authorized such county tag agent within 90 days from the date of the sale of the vehicle. If the application is not submitted within that time, the dealer, or in nondealer sales the transferee, shall be required to pay a penalty of $10.00 in addition

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to the ordinary title fee paid by the transferee provided for in this chapter. If the docu ments submitted in support of the title application are rejected, the dealer submitting the documents shall have 60 days from the date of initial rejection to resubmit the docu ments required by the commissioner for the issuance of a certificate of title. Should the documents not be properly resubmitted within 60 days, there shall be an additional pen alty of $10,00 assessed against the dealer. The willful failure of a dealer to obtain a cer tificate of title for a purchaser shall be grounds for suspension or revocation of the dealer's state issued license and registration for the sale of motor vehicles."
SECTION 14. Said chapter is further amended by striking subsection (b) of Code Section 40-3-50, relat ing to perfection of security interests generally, in its entirety and inserting in lieu thereof the following:
"(b) A security interest is perfected by delivery to the commissioner or to the county tag agent in of the county in which the seller is located, of the county in which the sale takes place, of the county in which the vehicle is delivered, or of the county wherein the vehicle owner resides of the existing certificate of title, if any, and an application for a certificate of title containing the name and address of the holder of a security interest and the required fee. The security interest is perfected as of the time of its cre ation if the initial delivery to the commissioner or local tag agent is completed within 20 days thereafter, regardless of any subsequent rejection of the application for errors; otherwise, as of the date of the delivery to the commissioner or local tag agent. The local tag agent shall issue a receipt or other evidence of the date of filing of such application. When the security interest is perfected as provided for in this subsection, it shall consti tute notice to everybody of the security interest of the holder."
SECTION 15. 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)(l) The commissioner shall prepare at least annually and distribute to each of the tax collectors and tax commissioners both a uniform evaluation of all motor vehicles for use as the taxable value of the motor vehicles eatd uniform procedures for the oval ttfttieft ef aH mobile homes subject to this article. Each evaluation shall reflect the cur rent fair market value for all motor vehicles as determined by the commissioner. (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 16. 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 such penalty shftH in no event be

TUESDAY, MARCH 14, 1995

2115

levied prior to JVifly z^ notwi tnst&ndin^ tnst tiie owner iftHed to te^fister such vehicle

SECTION 17. 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 e January 1 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 18. 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' 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 i 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 and retail dealers ef- meter vehicles snail retain their inventory en the
cxcented depftrtment iteeuse towns prepsrcd to? tnflt purpose on e&cn motor venicic wi inventory &nd tfte torHIS snflii snow trie 10en111KJfltion numoeps of c&cn motoi* vcnicie*
assessed value furnished fey the department for ether motor vehicles. (d) The tax authorities ef eaeh county shaH determine the tax due eft each dealer meter
meter vehicles held by a dealer for sale and add between January 1 and April 1 are dtte duel siiAll oe pftio on of oeiore Apm TT me flu vftiorem tflxcs on motor vcnicies field
paid at the time the meter vehicle is sold. The ad valorem taxes en meter vehicles heW oy ft dcflicf lor s&ie out remftining unsold dfe due fund snctn "oe pflid on uecem DCP *iu. Eaeh appropriate meter vehicle Beense forta shall then fee marked 'returned for tax parposes so tnflt eftcn sucii motor venicie rnoy T&e1 sold fliid licensed &nd tne &d vfliorefl^ tflxes pflid fts provided tn tnis ctFticie. (c) All new saetef vehicles in transit and net actually in a dealer's inventory en January i ef eaeh year sfeaH net be subject te taxation for that year. Dealers shall submit preef that eaeh stieh eter vehicle was actually received after January 1 ef that yea*r"

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SECTION 19. 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 Si or e May i; whichever eeetifs ftrstj 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
of a license plate is required, the ewer ahall apply for the purchase ef th license pktte
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 as
to t/ode ocction 4o~o~41 LH, DO license picite for fliiy motor vehicle sfi&n i&e issued Dy THC

(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 motor vehicle after December 31 ef en May -, whichever eemes first, that the vehicle 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 valuation^ 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 20. 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 21. This Act shall become effective on January 1, 1997.
SECTION 22. 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 23. All laws and parts of laws in conflict with this Act are repealed.
Representative Powell of the 23rd moved that the House agree to the Senate substi tute to HB 379.
On the motion, the roll call was ordered and the vote was as follows:

TUESDAY, MARCH 14, 1995

2117

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
Brooks, D Y Brooks, T
Brown, G Y Brown, J
Y Brush YBuck Y Buckner Y Bunn Y Burkhalter
YByrd Y Campbell
N 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 NDay 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
Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris YHart Y Heard
Hecks tall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard
Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Y Joyce Kaye
Y Kinnamon Y Klein
NLadd Y Lakly YLane N 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

On the motion, the ayes were 157, nays 4. The motion prevailed.

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
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

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 Westmorland Y Whitaker
Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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 following Senate amendment was read:
Amend HB 185 by inserting on line 16 of page 4 between the words "provided" and "to" the following word:
"electronically".

Representative Powell of the 23rd moved that the House agree to the Senate amend ment to HB 185.
On the motion, the ayes were 112, nays 1.
The motion prevailed.

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

HR 574. By Representative Coleman of the 142nd:
A resolution commending the Dodge County High School boys' basketball team and inviting the members of the team and their coaches to appear before the House of Representatives.

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HR 577. By Representatives Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Epps of the 131st, Stanley of the 49th and others:
A resolution supporting and encouraging the Georgia Association of Black Elected Officials (GABEO) in its initiatives relating to homelessness.

HR 578. By Representatives Teague of the 58th, Brooks of the 54th, Stanley of the 49th, Davis of the 48th, Holmes of the 53rd and others:
A resolution relating to the Georgia Association of Black Elected Officials (GABEO) and its position on the issue of poverty.

HR 579. By Representatives Teague of the 58th, Brooks of the 54th, Mobley of the 69th, Epps of the 131st, White of the 161st and others:
A resolution relating to the position of the Georgia Association of Black Elected Officials (GABEO) on welfare reform.

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

WEDNESDAY, MARCH 15, 1995

2119

Representative Hall, Atlanta, Georgia Wednesday, March 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
Bailey Bannister Barfoot Bargeron Barnard Barnes Bates Benefield Birdsong Bordeaux Bostick Breedlove Brooks, T Brown, J
Brush Buck Buckner
Bunn
Burkhalter
Byrd Campbell
Canty Carter Chambless Channell Childers Coker
Coleman, B
Connell

Cox Crawford Crews Culbreth Cummings Davis, G DeLoach, B DeLoach, G Dix Dixon, H Dixon, S Dobbs
Ehrhart Epps Evans Felton Floyd
Godbee
Golden
Good win
Greene
Grindley
Hanner
Harbin
Harris
Heard
Hecks tall
Hegstrom Hembree

Holland Howard
Hudson Hugley Irvin James Jamieson
Johnson, G
Johnson, J Johnston Joyce Kinnamon Ladd Lakly
Lane
Lewis Lifsey Lord Maddox Mann Martin McBee McCall McClinton McKinney Mills
Mobley, J Mueller
O'Neal

Parham
Parsons Pelote Perry Pinholster Polak Porter Poston Purcell, A Purcell, B Randolph
Ray Reaves Reichert Roberts Rogers Royal Sauder
Shanahan
Shaw
Shipp
Simpson
Sinkfield
Skipper
Smith, C
Smith, C.W
Smith, L
Smith, P
Smith, T

Smith, V Smith, W Snelling Snow Stallings Stand), F Stand), S Stephenson Streat Taylor Teper Thomas
Tillman Titus Towery Trense Twiggs
Walker, L
Walker, R.L Wall
Watson
Westmorland Whitaker
White
Wiles
Williams, B
Williams, R
Woods
Murphy, Spkr

The following members were off the floor of the House when the roll was called:
Representatives Brown of the 117th, Day of the 153rd, Powell of the 23rd, Falls of the 125th, Klein of the 39th, Mosley of the 171st, Sherrill of the 62nd, Brooks of the 103rd, Turnquest of the 73rd, Lucas of the 124th, Coleman of the 142nd, Kaye of the 37th, Stanley of the 50th, Williams of the 83rd, Watts of the 26th, Yates of the 106th, Teague of the 58th, Scoggins of the 24th, Holmes of the 53rd, Stanley of the 49th, Parrish of the 144th, Mobley of the 69th, Lawrence of the 64th, Orrock of the 56th, Sanders of the 107th and Lee of the 94th.
They wish to be recorded as present.

Prayer was offered by Dr. Jimmy Lewis, Pastor, First Baptist Church of Morrow, Morrow, 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.

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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 1058. By Representatives Golden of the 177th, Jamieson of the 22nd, Cox of the 160th, Royal of the 164th, Skipper of the 137th 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 health care providers who choose to practice in rural counties at rural health care facilities under cer tain conditions.
Referred to the Committee on Ways & Means.

HB 1059. By Representatives Hembree of the 98th and Snelling of the 99th:
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 require the publication of notice of the initiation by the Board of Par dons and Paroles on the initiation of an investigation and examination rela tive to the parole of an offender.
Referred to the Committee on State Institutions & Property.

HB 1060. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend Article 2 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to robbery, so as to provide for the penalty of death or life without hope of parole for the offense of armed robbery.
Referred to the Committee on Special Judiciary.

HB 1061. By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend Chapter 8 of Title 16 of the Official Code of Georgia Anno tated, relating to offenses involving theft, so as to provide an enhanced pen alty for persons convicted of using a firearm as the offensive weapon in armed robbery.
Referred to the Committee on Special Judiciary.

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HB 1062. By Representatives Childers of the 13th, Smith of the 12th and Cummings of the 27th:
A bill to amend Code Section 47-2-96 of the Official Code of Georgia Anno tated, relating to prior service credits under the Employees' Retirement Sys tem of Georgia, so as to provide that certain members of such retirement system who were employed as county juvenile probation officers prior to becoming members may obtain creditable service for such period of employ ment.
Referred to the Committee on Retirement.

HB 1063. By Representatives Watts of the 26th, Barnes of the 33rd, Smith of the 109th, Klein of the 39th, Sauder of the 29th and others:
A bill to amend Chapter 8 of Title 45 of the Official Code of Georgia Anno tated, relating to the accounting for public funds, so as to provide definitions; to provide for the determination of amounts to be deposited; to revise provi sions relative to bonds or pledges of securities by depositories.
Referred to the Committee on Banks & Banking.

HR 569. By Representatives Hembree of the 98th and Snelling of the 99th:
A resolution proposing an amendment to the Constitution so as to eliminate the State Board of Pardons and Paroles; to provide that the power of execu tive clemency shall vest in the Governor; to define the power of executive clemency; to limit the power to grant a pardon or parole to certain felony offenders.
Referred to the Committee on Judiciary.

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 1065. By Representatives Chambless of the 163rd, Bostick of the 165th and Barnes of the 33rd:
A bill to amend Code Section 15-6-29 of the Official Code of Georgia Anno tated, relating to compensation of superior court judges, so as to provide that when a new judgeship is created, the new judge shall receive the same local salary supplement paid to the incumbent judge or judges of the circuit; to provide that no publication of a notice of intention to introduce local legisla tion shall be required for any bill creating one or more new judgeships.
Referred to the Committee on Judiciary.

HB 1079. By Representatives Smith of the 169th, Mosley of the 171st, Byrd of the 170th, Dixon of the 168th, Crews of the 78th and others:
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 for certain legislative findings and declarations; to provide for rights of public school teachers to present and critique any and all scientific theories about origins of life and living things, including humankind, as part of a science curriculum.
Referred to the Committee on Special Judiciary.

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

HB 1045 HB 1046 HB 1047 HB 1048 HB 1049 HB 1057

HR 537 SB 474 SB 475 SB 476 SB 477 SB 478

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 574 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 - 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 1037 Do Pass HB 1038 Do Pass HB 1039 Do Pass HB 1040 Do Pass HB 1041 Do Pass HB 1042 Do Pass HB 1043 Do Pass HB 1044 Do Pass HB 1050 Do Pass HB 1051 Do Pass HB 1052 Do Pass

HB 1053 Do Pass SB 241 Do Pass, as Amended SB 328 Do Pass, by Substitute SB 336 Do Pass SB 461 Do Pass, by Substitute SB 463 Do Pass SB 464 Do Pass SB 466 Do Pass SB 467 Do Pass SB 472 Do Pass SB 473 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 WEDNESDAY, MARCH 15, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 39th Legislative Day as enu merated below:

WEDNESDAY, MARCH 15, 1995

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SB 31 Pub. Schools - disciplinary problem students SB 49 English Language - designate official language SB 52 Textbook - provisions for additional approved books SB 116 Sale of Supplies to Repair Cert. Storm Damaged Struc. - violations SB 132 Development Auth. - directors as officers, local employees SB 134 Municipal Corp. - service, enforcement of process, summons SB 138 Business/Nonprofit Corp. - reinstatement after admin, dissolution SB 148 Write-in Candidates - advertisements in newspapers SB 161 City, County Property Not Needed for Public Roads - sale SB 199 Firefighter Stand. & Train. Council Exec. Dir. - cert, duties SB 200 Aquaculture Dev. Commission - membership SB 201 Game Fish, Creel Limits for Cert. Fish - redefine SB 202 Withdrawal, Diversion of Surface, Ground Waters - permits SB 205 Special Lie. Plates - promoting Nongame Wildlife Conserv. Fund SB 293 Information Technology Policy Act of 1995 - enact SB 317 School Facilities - exempt cert. bldg. permit, impact fees SB 318 Veh. on Pub. Roads - single-trip emer. permits for 16 ft. wides SB 361 Telephone Classified Advertising Directory - solicitation req. SB 400 Lottery - fidelity fund provisions SB 404 Institute for Community Economic Dev. - create
SR 12 J. L. Turner Bridge - designate SR 44 Arthur Langford, Jr. Memorial Pkwy. - designate SR 113 Baldwin, Cobb, Towns, Walker Cos.- telecommunication easements SR 118 Clark, Clayton, Habersham, Other Counties - utility easements SR 240 Jt. St. Comm. on Certificate of Need for Hlth. Care Fac. - create SR 248 Richmond Co. - conveyance of cert, state-owned property SR 253 Community Economic Dev. Task Force - create
Bills and Resolutions on this calendar may be called in any order the Speaker desires.
Respectfully submitted, /s/ Lee of the 94th
Chairman

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

HB 1037. By Representatives Jenkins of the 110th and Birdsong of the 123rd: A bill to create a board of elections and registration for Jones County.

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

HB 1038. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide certain restrictions on the transfer of ownership or operation of a certain county landfill; to provide certain restrictions on the acceptance of waste generated out of the county.

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

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HB 1039.

By Representative Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Buchanan, so as to annex certain territory into the city and change the corporate limits of the city.

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

HB 1040. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating a board of commissioners of White County, so as to re-create the board of commissioners.

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

HB 1041. By Representatives Evans of the 28th and Breedlove of the 85th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the provisions relating to the expense allowance of the chairman and members of the board.

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

HB 1042.

By Representatives DeLoach of the 119th, Williams of the 114th, Howard of the 118th and Brown of the 117th:
A bill to amend an Act regulating public instruction for the County of Rich mond, so as to provide requirements and procedures for the change of any symbolic color, colors, or mascot of any public school or of any athletic team of any public school of the Richmond County School District.

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

HB 1043.

By Representative Powell of the 23rd:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, so as to change the provisions relating to the compensation of the clerk of the superior court; to change the provisions relating to the compensation of the judge of the pro bate court.

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

HB 1044.

By Representative Powell of the 23rd:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the provisions relating to the compensation of the tax commissioner.

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

WEDNESDAY, MARCH 15, 1995

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HB 1050. By Representative Connell of the 115th:
A bill to amend an Act providing a new charter for the City of Hephzibah, so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Hephzibah.

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

HB 1051.

By Representative Connell of the 115th:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta.

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

HB 1052. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Monroe County," so as to change the amount of 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.

HB 1053. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide that the local custodian and local registrar of such county shall be authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 of the O.C.G.A.

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

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.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend SB "2a4g1ebnyt".adding on line 3 of page 2 immediately following the word "purchasing" the word

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

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JOURNAL OF THE HOUSE,

SB 328. By Senators Isakson of the 21st, Ragan of the 32nd, Clay of the 37th, Abernathy of the 38th and Thompson of the 33rd:
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.

The following Committee substitute was read and adopted:

A BILL
To amend an Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), an Act approved March 13, 1990 (Ga. L. 1990, p. 3780), and an Act approved March 29, 1994 (Ga. L. 1994, p. 4262), 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Cobb County-Marietta Water Authority, approved February 21, 1951 (Ga. L. 1951, p. 497), as amended, particularly by an Act approved March 28, 1986 (Ga. L. 1986, p. 5296), an Act approved March 30, 1989 (Ga. L. 1989, p. 4711), an Act approved March 13, 1990 (Ga. L. 1990, p. 3780), and an Act approved March 29, 1994 (Ga. L. 1994, p. 4262), is amended by striking subsections (b) and (c) of Section 2 thereof in their entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The authority shall consist of seven members who shall be determined and selected as follows:
(1) One member shall be the chairman of the Board of Commissioners of Cobb County, Georgia; (2) One member shall be selected by the governing authority of the City of Marietta, Georgia, and the member so selected may be a member of the governing authority of the City of Marietta; (3) Four members shall be selected by a caucus consisting of all members of the Gen eral Assembly whose districts are wholly or partially within Cobb County. The four members so selected by the caucus must be residents of the unincorporated area of Cobb County; and (4) One member shall be selected by the governing authority of the City of Acworth, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 4; by the governing authority of the City of Austell, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 8; by the governing authority of the City of Kennesaw, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 2; by the governing authority of the City of Powder Springs, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 6; and by the governing authority of the City of Smyrna, Georgia, in those years in which the members of the authority are to be selected which end with the numeral 0. (c) The term of office of the chairman of the Board of Commissioners of Cobb County as a member of the authority shall be concurrent with the term of office as chairman of the board of commissioners. The two members of the authority appointed by the gov erning authorities of Marietta and the other appropriate municipality and serving on the effective date of this subsection shall serve until August 14, 1996, and until their succes sors are appointed and qualified. The four members of the authority appointed by the members of the General Assembly from Cobb County serving on the effective date of this subsection shall serve until August 14, 1998, and until their successors are appointed

WEDNESDAY, MARCH 15, 1995

2127

and qualified. Thereafter, all members of the authority other than the Cobb County commissioner shall serve for terms of four years and until their successors are appointed and qualified and shall assume office on August 15 following the expiration of the prior members' terms."
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.

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.

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

SB 461. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.

The following Committee substitute was read and adopted:

A BILL
To amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4329), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4503), so as to change the compensation of the chief clerk and the executive secretary of the tax commissioner; 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. An Act consolidating the offices of tax collector and tax receiver into the office of tax com missioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4329), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4503), is amended by striking Section 3 and insert ing in its place a new Section 3 to read as follows:
"SECTION 3. (a) The tax commissioner shall receive an annual salary of $60,895.50, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be $54,348.00, to be paid in equal monthly installments from the funds of the county treasury. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so

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JOURNAL OF THE HOUSE,

named. In the event of the death or removal from office of said chief clerk, the tax com missioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive sec retary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive sec retary. The salary of the executive secretary shall be $33,670.00 per annum, to be paid in equal monthly installments from the funds of Cobb County."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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

SB 463. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing for the election of members of the Board of Education of Laurens County from single member districts and providing for said districts, as amended, so as to provide for the redrawing of the dis trict lines.

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

SB 464. By Senators Gillis of the 20th and Ray of the 19th:
A bill to amend an Act providing a charter for the City of East Dublin, as amended, so as to change the corporate limits.

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

SB 466. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act creating the Alcovy Judicial Circuit, as amended, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.

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

SB 467. By Senator Middleton of the 50th:
A bill to amend an Act creating the Habersham County Water and Sewerage Authority so as to change the membership of the Authority; to change the number for a quorum on the authority.

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

SB 472. By Senators Crotts of the 17th and Guhl of the 45th:
A bill to create the Rockdale County Water and Sewerage Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain projects embracing sources of water supply, small watershed projects, works of improvements for watersheds, projects for watershed protection and flood control and prevention, recreational facilities developed in connection therewith, the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities thereof.

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

SB 473. By Senators Day of the 48th and Cagle of the 49th:
A bill to provide a homestead exemption from Forsyth County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over; to pro vide for a three-year phase in period for such exemption; to provide for defi nitions; to specify the terms and conditions of the exemption and the procedures relating thereto.

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:

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 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
Day Y DeLoach, B Y DeLoach, G Y Dix
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 Y Harris
Hart Y Heard Y Heckstall Y Hegstrom Y Hembree
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
Jones Y Joyce Y Kaye Y Kinnamon

Y Klein Ladd
Y Lakly Y Lane
Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas Y Maddox Y Mann
Martin McBee Y McCall Y McClinton McKinney Y Mills 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 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

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

Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Y Streat Y Taylor

Teague Y Teper
Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest

Y Twiggs Walker, L
Y Walker, R.L Wall
Y Watson Watts
Y Westmorland Y Whitaker

White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the passage of the Bills, the ayes were 144, nays 0. The Bills, having received the requisite constitutional majority, were passed.

Representatives Jenkins of the 110th and Ladd of the 59th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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

HB 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.

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.

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.

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.

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.

HB 947. By Representative Barnard of the 154th:
A bill to amend an Act creating a board of commissioners for Evans County, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six commissioner districts.

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HB 948. By Representative Barnard of the 154th:
A bill to amend an Act providing for the composition of the Board of Educa tion of Evans County and for the election of the members of said board, so as to incorporate provisions of the order of the United States District Court for the Southern District of Georgia; to provide for six education districts.

HB 952. By Representative Coleman of the 80th:
A bill to amend an Act providing a new charter for the City of Duluth, so as to clarify the corporate limits of said city.

HB 957. By Representative Bargeron of the 120th:
A bill to amend an Act to make provisions for the Magistrate Court of Jef ferson County, so as to change the compensation of the chief deputy magis trate.

HB 979. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act to create a new charter for the City of Statesboro," so as to provide for the appointment of certain committees; to provide for certain duties of the mayor; to provide for certain officers and employees of the city.

HB 983. By Representative Birdsong of the 123rd:
A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the mem bers of the board are elected.

HB 984. By Representative Crawford of the 129th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Upson County.

HB 986. By Representatives Shipp of the 38th, Coker of the 31st, Sauder of the 29th and others:
A bill to amend an Act creating a new charter for the City of Kennesaw, so as to restate the corporate limits to include certain previously annexed par cels of land.

HB 994. By Representative Murphy of the 18th:
A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to change provisions for edu cation districts.

HB 997. By Representatives Bordeaux of the 151st, Pelote of the 149th, Mueller of the 152nd and others:
A bill to amend an Act providing for the compensation of certain officials in Chatham County, so as to change the compensation of certain officials.

HB 998. By Representatives Lane of the 146th and Godbee of the 145th:
A bill to amend an Act entitled "An Act creating the State Court of Bulloch County," so as to increase the compensation of the judge and solicitor of such court.

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HB 111. By Representatives Ladd of the 59th, Parsons of the 40th, Wiles of the 34th 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.

HB 124. By Representatives Reaves of the 178th, Purcell of the 147th, Floyd of the 138th and others:
A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the peanut as the official state crop.

HB 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.

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.

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.

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.

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.

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HB 240. By Representatives Buckner of the 95th, Lee of the 94th, Ashe of the 46th and others:
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.

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.

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.

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.

HB 490. By Representatives Streat of the 167th, Benefield of the 96th, Floyd of the 138th 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.

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.

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.

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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.

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.

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.

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".

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.

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

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 Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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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.
HB 441. By Representatives Royal of the 164th, Buck of the 135th, Jamieson of the 22nd and others:
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.

HB 552. By Representatives Teague of the 58th, Powell of the 23rd, Yates of the 106th 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.
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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 377. By Representatives Towery of the 30th, Coker of the 31st, Trense of the 44th 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 Senate has agreed to the House amendments to the following bill 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.

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The Senate has agreed to the House substitute to the following bills of the Senate:

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 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.

The Senate has agreed to the House amendments to the following bill of the Senate:

SB 375. By Senators Taylor of the 12th, Gillis of the 20th and Kemp of the 3rd:
A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide that the director of the Environmental Protection Division of the Department of Natural Resources may 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.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others:
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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Perdue of the 18th, Isakson of the 21st and Langford of the 29th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:

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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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Ray of the 19th, Marable of the 52nd and Walker of the 22nd.

The Senate recedes from its substitute to the following bill of the House:

HB 399. By Representatives Smith of the 109th, Lee of the 94th, Heard of the 89th 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 certain property owned by an historical fraternal benefit association.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

HB 1018.

By Representatives Parham of the 122nd and Lord of the 121st:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.

HB 1019.

By Representatives Parham of the 122nd and Channell of the lllth:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.

The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing resolutions of the House:

HR 21. By Representatives Walker of the 141st, Lucas of the 124th, Murphy of the 18th and others:
A resolution designating the Georgia Department of Corrections' hospital in Bibb County as the Denmark Groover, Jr., Hospital.

HR 535. By Representative Twiggs of the 8th:
A resolution expressing the intent of the General Assembly regarding the design and construction of Highway 441 in Rabun County.

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The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 616. By Representatives Lord of the 121st, Culbreth of the 132nd, Henson of the 65th 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 Senate insists on its amendments to the following bill of the House:

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 Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Clay of the 37th, Oliver of the 42nd and Ralston of the 51st.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
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.

Representative Watson of the 139th moved that the House adhere to its position in substituting SB 137 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.

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The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Watson of the 139th, Skipper of the 137th and Powell of the 23rd.

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

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 Senate amendment was read:

Amend HB 134 by adding on page 1 line 30 after in the classroom, the following: tribunal members,.

Representative Walker of the 141st moved that the House agree to the Senate amend ment to HB 134.
On the motion, the ayes were 100, nays 1.
The motion prevailed.

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 following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 346 by striking lines 1 through 3 on page 1 and inserting in lieu thereof the following:
"To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide an exemption from sales taxation for certain sales to nonprofit licensed in-patient hospices; to".
By striking lines 10 through 13 on page 1 and inserting in lieu thereof the following:
"Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by striking in its entirety paragraph (7) of Code Section 48-8-3, relating to exemptions from taxation, and inserting in lieu thereof the following:

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'(7) Sales of tangible personal property and services to a nonprofit licensed nursing home2 nonprofit licensed in-patient hospice, or a nonprofit general or mental hospital used exclusively by the nursing home^ nonprofit licensed in-patient hospice, or hospi tal in performing a general nursing home, nonprofit licensed in-patient hospice, hospi tal, or mental treatment function in this state when the licensed nursing home2 nonprofit licensed in-patient hospice, or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;'
SECTION 2.
Said chapter is further amended by striking in its entirety subsection (a) of Code Section 48-8-111, relating to the procedure for the imposition of the special county 1 percent sales tax, and inserting in lieu thereof a new".
By renumbering Sections 2 and 3 as 3 and 4, respectively.

SENATE AMENDMENT NO. 2
Amend HB 346 by striking line 1 of page 1 and inserting in lieu thereof the following:
"To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, so as to provide for an exemption from state sales and use taxation for certain sales by parent-teacher organizations; to amend Code Section 48-8-111 of the Official Code of.
By redesignating Sections 1 through 3 as Sections 2 through 4, respectively.
By inserting between lines 8 and 9 of page 1 the following:
"SECTION 1.
Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxation, is amended by striking "or" from the end of paragraph (54) thereof, striking the period at the end of paragraph (55) thereof and inserting "; or", and adding thereafter a new paragraph (56) to read as follows:
'(56) Sales by any parent-teacher organization qualified as a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code.'"

Representative Greene of the 158th moved that the House disagree to the Senate amendments to HB 346.
The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for certain responsibilities of the buyer or grantee of real property or any inter est in real property; to require the grantor, owner, or the agent of the owner of any real

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property to provide a certain notice to the prospective purchaser, lessee, or grantee of cer tain real property or any interest in certain real property; to provide for the contents of such notice; to provide for the effect of noncompliance; to provide for exceptions; to pro vide that no cause of action is created; 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 state ment of intent to establish a perpetual or indefinite security interest; to provide for appli cability and effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding at the end of Chapter 1 of said title a new Code Section 44-1-17 to read as follows:
"44-1-17.
(a) Prior to any purchase, lease, or other acquisition of real property or any interest in real property located within any county which has land zoned for agricultural or silvicultural use or identified on an approved county land use plan as agricultural or silvicultural use, it shall be the buyer's or grantee's responsibility to determine whether the subject property is within, partially within, or adjacent to any property zoned or identi fied on an approved county land use plan as agricultural or silvicultural use. If the grantor, owner, or agent of the owner knows that the property being acquired is within, partially within, or adjacent to any property zoned or identified on an approved county land use plan as agricultural or silvicultural use, the owner or agent for the owner shall deliver to the prospective purchaser, lessee, or grantee a notice which states the follow ing:
'It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of farm and forest land for the production of food, fiber, and other products, and also for its natural and environmental value. This notice is to inform prospective property owners or other persons or entities leasing or acquiring an interest in real property that the property in which they are about to acquire an interest lies within, partially within, or adjacent to an area zoned, used, or identified for farm and forest activities and that farm and forest activities occur in the area. Such farm and forest activities may include intensive operations that cause discomfort and inconveniences that involve, but are not limited to, noises, odors, fumes, dust, smoke, insects, operations of machinery during any 24 hour period, stor age and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides. One or more of these inconveniences may occur as the result of farm or forest activities which are in conformance with existing laws and regulations and accepted customs and standards.' (b) Noncompliance with any provision of this Code section shall not affect title to real property nor prevent the recording of any document. (c) This Code section shall not apply to any transaction involving title passing by fore closure, deed in lieu of foreclosure, tax deed, deed to secure debt, or from an executor or administrator. (d) This Code section shall not create a cause of action for damages or equitable relief. (e) Nothing in this Code section shall be construed, interpreted or enforced in a manner which impairs any contract rights under currently existing instruments conveying real property to secure a debt or debts."
SECTION 2. Said title is further amended by striking subsection (a) of Code Section 44-14-80, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, 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

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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 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 3. (a) Section 1 of this Act shall become effective on July 1, 1995, and shall be applicable to any transaction involving real property entered into on or after such date. (b) Section 2 of this Act shall become effective on 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 2 of this Act shall be applicable and effective with respect to all such conveyances even though they may be dated prior to July 1, 1995. (c) The remaining sections of 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 following amendment was read and adopted:

Representative Barnes of the 33rd moves to amend the Senate substitute to HB 194 by adding in the title on line 16 of page 1 between the semicolon and the word "to" the fol lowing:
"to provide that no construction of this Act shall impair existing contract rights under currently existing instruments conveying real property to secure a debt or debts;".
By adding quotation marks at the end of line 38 on page 2.
By striking in their entirety lines 39 through 42 on page 2.
By renumbering Sections 3 and 4 on page 4 as Sections 4 and 5, respectively, and adding between lines 8 and 9 on page 4 the following:

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"SECTION 3.
Said title is further amended by adding at the end of Code Section 44-14-80, relating to reversion of realty to a grantor, renewals and affidavits, effect, and fees, a new subsection (f) to read as follows:
'(f) Nothing in this Code section shall be construed, interpreted, or enforced in a man ner which impairs any contract rights under currently existing instruments conveying real property to secure a debt or debts.'"

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute, as amended by the House, to HB 194.
On the motion, the ayes were 96, nays 1.
The motion prevailed.

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 following Senate amendment was read:

Amend HB 398 by striking lines 7 and 8 of page 2 and inserting "(1) of this subsection;" in their place.

Representative Buck of the 135th moved that the House agree to the Senate amend ment to HB 398.
On the motion, the ayes were 91, nays 0.
The motion prevailed.

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 Senate substitute was read:

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 an attempt to commit physical injury or terroristic threats or a felony shall not be entitled to bond pending a hearing on the revocation of his or her parole or probation

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unless the judge of the superior court wherein the alleged new offense occurred determines that the parolee or probationer does not constitute a threat to the community; to repeal conflicting 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 new felony er misdemeanor involving physical injury or tcrforiotic threats an attempt to commit physical injury or terroristic threats or with a 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 new offense occurred after a hearing and upon determination of the superior court that the parolee or probationer does not constitute a threat to the community."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Wall of the 82nd moves to amend the Senate substitute to HB 509 as fol lows:
Add on line 24 page 1, between the words "a" and "felony" the word "new".

Representative Wall of the 82nd moved that the House agree to the Senate substitute, as amended by the House, to HB 509.
On the motion, the ayes were 95, nays 1.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 468 by striking in its entirety line 7 of page 1 and inserting in lieu thereof the following: "increases for employees in the classified service; to provide effective dates; to repeal". By striking line 22 of page 1 and inserting in lieu thereof the following:
"subsection, effective January lj 1996, the chief magistrate of each county who". By striking in its entirety line 3 of page 4 and inserting in lieu thereof the following:
"{bMc) Effective January 1^ 1996, unless Unless otherwise provided by local law, each". By striking in its entirety line 8 of page 4 and inserting in lieu thereof the following:

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"Effective January 1^ 1996, all AH other magistrates shall receive a minimum monthly". By striking in its entirety line 29 of page 4 and inserting in lieu thereof the following:
"effective January 1^ 1996, in any county in which more than 70 percent of the".

Representative Cox of the 160th moved that the House agree to the Senate amend ment to HB 468.
On the motion, the ayes were 102, nays 7.
The motion prevailed.

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 Senate amendment was read:

Amend HB 321 by striking line 18 of page 1 and inserting in lieu thereof the following: "reusable medical or dental implements in the place of business of.

Representative Smith of the 174th moved that the House agree to the Senate amend ment to HB 321.
On the motion, the ayes were 97, nays 1.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pro bation, so as to provide that community service shall be a condition of probation in all cases involving felonies or misdemeanors; to provide that community service may be con sidered as a condition of probation in other cases; to provide for sentencing judges to con fer with certain parties to determine an appropriate community service program; to provide for the number of hours of community service to be required for various types of offenses; to provide for related matters; to provide for the phased-in implementation of certain provisions of this Act over a period of time; to provide for phased-in application prior to a mandatory effective date; to provide for guidelines to be developed by the Judi cial Council with the approval of the Supreme Court; to change the provisions relative to

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the contracting for probation services by counties, municipalities, and the state; to expand the scope of the County Probation Advisory Council to include municipal probation sys tems; to add four members and provide for the powers and duties of the County and Municipal Probation Advisory Council; to establish uniform professional standards for pri vate probation officers; to establish uniform contract standards for private probation con tracts; to authorize the council to review these standards and issue a report on its findings to the General Assembly; to provide for applicability with respect to intergovernmental contracts; to prohibit certain activities by private probation officers; to declare certain records of contracting corporations and enterprises to be confidential; to provide for the effective date of initial standards, rules, and regulations of such council; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking subsections (a) and (b) of Code Section 42-8-72, relating to commu nity service, and inserting in their place new subsections to read as follows:
"(a) Community service may shall be considered as a condition of probation in all cases involving felonies or misdemeanors where incarceration is not a part of the sentence and may be considered as a condition of probation in all other cases, wtth primary eonaidcratie given te the following categories ef offenders!
(1) Traffic violations; (2) Ordinance violations; (3) Noninjurious er nondestructive, nonviolent misdemeanors; (4) Noninjurious e* nondestructive, nonviolent fclonica; aael (6) Other offenders considered upon th discretion ef the judge. (b) The judge may shall confer with the prosecutor, defense attorney, probation supervi sor, community service officer, or other interested persons to determine if- the appropri ate community service program fe appropriate for an offender. In cases involving traffic or ordinance violations, if K community service is ordered as a condition of probation, the court shall order; (1) Not not less than 20 hours nor more than 250 hours m eases involving traffic er ordinance violations er misdcmefmefa, said service to be completed within one yearf er; The court shall order not less than 40 hours nor more than 250 hours in cases involving misdemeanors, said service to be completed within one year. {2)-The court shall order not Net less than 36 120 hours nor more than 500 hours in felony cases, said service to be completed within three years. (c) No community service which would expose the general public to the person on pro bation shall be permitted for sex offenders of those considered to be dangerous by the judge or prosecutor."
SECTION 2. Said chapter is further amended by striking in its entirety Article 6, relating to agreements for probation services, and inserting in lieu thereof a new Article 6 to read as follows:
"ARTICLE 6
42-8-100. (a)(l) The chief judge of any court within the county, with the approval of the gov erning authority of that county, is authorized to enter into memoranda ef- agreement er ether written documents evidencing contracts with corporations, enterprises, or agencies-; ef te establish a county probation system, to provide general probation supervision^ counseling, extd collection services for all moneys to be paid by a defend ant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, counseling, and other probation services for persons convicted of a mis demeanor in that court and placed on probation in the county. In no case shall a pri vate probation corporation or enterprise be charged with the responsibility for supervising a felony sentence.

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(2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to pro vide general probation supervision, counseling, collection services for all moneys to be paid b_2 a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. (b)(l) The judge of the municipal court of any municipality or consolidated govern ment of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on proba tion. (2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing author ity of that municipality or consolidated government, is authorized to establish a pro bation system to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.
42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be com posed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge appointed by the Governor, one sheriff designated appointed by the Georgia Sheriffs' Association Governor, one probate court judge desig nated by The Council of Probate Court Judges of Georgia, one chief magistrate desig nated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer appointed by the Governor, one mayor or member of a municipal gov erning authority appointed by the Governor, and one county commissioner designated appointed by the Association County Commisaioncra ef Georgia Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services and the conduct of business by private entities provid ing probation services as authorized by this article. (b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine nee or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members;

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(3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only. The funds necessary to carry out the provisions of this article shall come from funds appropriated to or otherwise available to the council. The council is autho rized to accept and use grants of funds for the purpose of carrying out the provisions of this article, (e) The council shall have the following powers and duties: (1) To promulgate rules and regulations for the administration of the council, includ ing rules of procedure for its internal management and control; (2) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly; (3) To promulgate rules and regulations establishing a 40 hour orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers; (4) To promulgate rules and regulations relative to the enforcement of the provisions of this article, which enforcement mechanisms may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts; (5) To promulgate rules and regulations establishing registration for any private cor poration, enterprise, or agency providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; and
(6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts.
(f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January ]^ 1996.
42-8-102.
(a) The judge ef- the municipal eewt ef- any municipality or unified government of a mu.ilicipflli*y cmcl county of this stdtc, with the dpprovfli of the ov^rnih flutftopi*y 01 that municipality or unified government, is authorised te enter into an agreement with a private corporation, enterprise, ef agency te provide general probation supervision, fine collection services, counacling, ad- ether probation services fer persons convicted in seh
eeart ad placed en probation. (b) The jadfe ef- the municipal eeart ef- any municipality or unified government ef a 01unicip&lity ftnd. county of this stctt&t with the ftpproVQI of the ovcrnift fluthority of vtiftt DfttmicipQlity of umticd governmen*, ts ftiithopIZCQ to cstQDiisfi ct proo&tion system te provide general probation supervision, fine collection services, counseling, and- ether probation services fe persona convicted in stieh eeart and placed en probation.
(a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course. Every

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private probation officer shall receive an initial 40 hours of orientation upon employ ment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council. (b) The uniform contract standards contained in this Code section shall apply to all pri vate probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum:
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained m this Code section as well as any surpassing those contained in this Code section; (3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council; (4) Policies and procedures for the training of staff; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders; (7) Procedures for handling the collection of all court ordered fines, fees, and restitu tion; (8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offender's probation may be recom mended: (10) Reporting and record-keeping requirements; and (11) Default and contract termination procedures. (c) The County and Municipal Probation Advisory Council shall review the uniform professional standards and uniform contract standards contained in subsections (a) and (b) of this Code section and shall submit a report on its findings to the General Assem bly. The council shall submit its initial report on or before July 1 1997, and shall con tinue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the Gen eral Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum pro fessional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report.
42-8-103. (a) Any private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article shall provide to the judge with whom the con tract was made and the County and Municipal Probation Advisory Council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency; the amount of fines, statutory surcharges, and restitution col lected; and the number of offenders for whom supervision or rehabilitation has been ter minated and the reason for the termination. (b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, or court or the Depart ment of Audits and Accounts.
42-8-104. (a) No private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article nor its employees shall have personal or busi ness dealings, including the lending of money, with probationers under their supervision.
42-8-105.

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The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services.
42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provi sions of this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particu lar case, or the Department of Audits and Accounts. (b) In the event of a transfer of the supervision of a probationer from a private corpora tion, enterprise, or agency to the Department of Corrections, the Department of Correc tions shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, and papers of whatever kind rela tive to the supervision of probationers by private corporations, enterprises, or agencies under contracts authorized by this article shall not be subject to process of subpoena.
42-8-107. (a) All private corporations, enterprises, and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council. The information included in such registration shall be limited to the name of the corporation, enterprise, or agency, its principal business address and telephone num ber, and the name of its agent for communication with the County and Municipal Pro bation Advisory Council. No registration fee shall be required. (b) Any corporation, enterprise, or agency required to register under the provisions of subsection (a) of this Code section who fails or refuses to do so shall be subject to revo cation of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council."
SECTION 3. The provisions of Section 1 of this Act may be applied on and after July 1, 1996, to offenses committed on or after that date. The determination with respect to application of this Act during the period beginning July 1, 1996, and ending June 30, 1999, shall be according to guidelines which shall be developed by the Judicial Council after consultation with the Office of Planning and Budget and with the approval of the Supreme Court. Such guidelines shall:
(1) Provide for the phased-in implementation of this Act over the period July 1, 1996, to July 1, 1999; (2) Reflect the levels of fiscal resources available for implementation of this Act; and (3) Provide for equal protection of the law to offenders and classes of offenders to whom this Act is to be applied during the period of phased-in implementation.
SECTION 4. The provisions of Section 1 of this Act shall become effective for all purposes on July 1, 1999, and shall then have mandatory application with respect to offenses committed on, after, or prior to that effective date. No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority.
SECTION 5. Except as otherwise provided in Sections 3 and 4, 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.

Representative Dobbs of the 92nd moved that the House disagree to the Senate sub stitute to HB 435.
The motion prevailed.

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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 Senate substitute was read:
A BILL
To amend Chapter 20 of Title 33 of the Official Code of Georgia Annotated, relating to health care plans, so as to revise extensively provisions relative to health care corporations; to permit health care plans to be operated by surviving corporations organized under Chapter 2 of Title 14, the "Georgia Business Corporation Code"; to revise and provide def initions; to revise provisions relative to the formation of health care corporations; to pro vide 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 sur viving corporations from requirements relative to the approval by the Commissioner 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 care cor poration; 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 assessments; to provide for the applicability of Title 33 to health care corporations; to provide require ments relative to the distribution of surplus funds of health care corporations; to provide for the conversion of a nonprofit health care corporation to a for profit health care corpo ration by merger or amendment of articles and procedures and requirements 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 corporations; to pro vide for editorial revision; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
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:

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"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 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 reaseft ef- being the which are surviving corporation a merger ef consolidation ef a hospital service corpoFfttion op^fiHizeb under OiiQpter "ty of tftis title &nct ft medicfti service coppoffttion organized ttftder Chapter W 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 organiza 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 feasen ef being the which are surviving corporation i merger or consolidation ef a hospital service corporation
under vjiiftpter "ty ot tins title cind ft medics! service corporfltion

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tinder Chapter 18 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 consolidation ef a hospital service corporation of^flnizer under Ofiftptcr "ty ctiis title &nd ft nnedicfti service corpopfltion or^&nized wider Chapter W ef this title 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."
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. (a) Every health eate corporation is declared te be a charitable and benevolent inatitutien and shall be exempt frem aH taxes ether than those provided fer ander this chapter as saeh charitable and benevolent institution!) are new ef may hereafter -be exempt from uixes. {b)-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 net authorize ner be construed te authorize, directly er indirectly, any corporation te operate ft health ear* plan en 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, all 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

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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. (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. (f) A health care corporation, including a surviving corporation, subject to this chapter shall be subject to all the provisions of this title not otherwise provided for in this chap ter which are applicable to other insurers which provide life or accident and sickness insurance. (g) Any distribution of surplus funds by a surviving corporation shall be subject to regu lation by the Commissioner pursuant to the provisions of this title governing distribu tions by insurers which provide life or accident and sickness insurance and shall in no event cause the surplus funds of the surviving corporation to be less than that of the predecessor corporation as of the date of the conversion, unless the Commissioner finds that such distribution is in the public interest.
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."

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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, er 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 service; w health ewe corporation): Original license or certificate......................................................................................600.00 Renewal license or certificate .....................................................................................500.00"
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."

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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."
Parts
SECTION 3.1. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 163rd moved that the House agree to the Senate substitute to HB 669.
On the motion, the ayes were 96, nays 2.
The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to change the definition of the term "entity" as used in Chapter 2 of said title; to provide for indemnification of directors; to change the provi sions relating to corporate names; to change the provisions relating to the voting

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entitlement of shares; to provide for quorums of a board of directors; to change the provi sions relating to resignation and removal of officers; to change the provisions relating to removal of officers or assistant officers; to change the provisions relating to close corpora tions and the application of the Business Corporation Code and the Professional Corpora tion Act to such close corporations; to change the provisions relating to authority of foreign corporations to transact business; to change the provisions relating 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 14-2-401, 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 State^ and (6) The name of a limited liability company formed or authorized to transact business in this state."
SECTION 3. 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 4. 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:

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"(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:
(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 5. 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 6. 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 provisions^ if such professional corporation's articles of incorporation also contain the statement required by subsection {1 of Code Section 14-2-902."
SECTION 7. 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:
(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;

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(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 and controlling a subsidiary corporation incorporated at e transacting business within this state; or 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 ef- a limited partnership organized def this titte e* qualified te de business within this state as a foreign limited partnership."
SECTION 8. 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 js not the surviving corporation in such merger need not obtain a certificate of withdrawal from the Secretary of State."
SECTION 9. 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 titlerj and (5) The name of a limited liability company formed or authorized to transact business in this state."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 163rd moved that the House agree to the Senate substitute to HB 670.
On the motion, the ayes were 108, nays 1.
The motion prevailed.

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.

The following Senate substitute was read:

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A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the dates for qualifying and for the general primary in 1996; to change the dead line for registration and registration by mail in certain special primaries and elections; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (b.l) of Code Section 21-2-132, relating to procedures for qualifying of candidates, and inserting in lieu thereof a new subsection to read as follows:
"(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his or her name, residence address, and the office he is seeking sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April; provided, however, that in 1996 such candidates or their agents shall file such notice of candidacy in the office of the Secre tary of State no earlier than 9:00 A.M. on the fourth Monday in March immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in March; (2) Each candidate for the office of judge of a state court, or his the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his the county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the elec tion and no later than 12:00 Noon on the Friday following the fourth Monday in April; provided, however, that in 1996 such candidates or their agents shall file such notice of candidacy with such superintendent no earlier than 9:00 A.M. on the fourth Monday in March immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in March."
SECTION 2. Said title is further amended by striking in its entirety Code Section 21-2-150, relating to the date of the general primary and the date of the nonpartisan primary, and inserting in lieu thereof a new Code section to read as follows:
"21-2-150.
(a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such pri mary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of

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the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted. In 1996, such primary shall be held on the first Tuesday in June."
SECTION 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualifying for party nomination in a primary, and inserting in lieu thereof a new subsection to read as follows:
"(c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April; provided, however, that in 1996 such candidates or their agents shall commence qualifying on the fourth Monday in March immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in March. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary."
SECTION 4. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-2-224, relating to registration deadlines, and inserting in lieu thereof the follow ing:
"(b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as pro vided in this article no later than the close of the business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; provided, however, except that;:
(1) If if- such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted] or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such fifth Monday is a legal holiday, by the close of business on the following business day. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary; e*j special primary or special election held in conjunc tion with a general primary, general election, or presidential preference primary; or spe cial primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected county offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections."
SECTION 5. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-3-123, relating to deadlines for registration for municipal elections, and insert ing in lieu thereof the following:
"(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any

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municipal special primary or special election, such person shall make application as pro vided in Article 6 of Chapter 2 of this title no later than the close of the business on the fifth day after the date of the call for the special primary or special election, exclud ing Saturdays, Sundays, and legal holidays of this state; provided, however, except that;:
(1) If if such special primary or special election is held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a pres idential preference primary held under Chapter 2 of this title, the registration dead line for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a pres idential preference primary held under Chapter 2 of this title, but is held on one of the dates specified in Code Section 21-3-52 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected municipal offices, the registration deadline for such a special primary or elec tion shall be at the close of business on the fifth Monday prior to the date of the spe cial primary or election or, if such fifth Monday is a legal holiday, by the close of business on the following business day. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary; erj special primary or special election held in conjunc tion with a general primary, general election, or presidential preference primary;; or spe cial primary or special election held on one of the dates specified in Code Section 21-3-52 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected municipal offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sun days, and legal holidays of this state, for all other special primaries and special elec tions."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Holmes of the 53rd moved that the House agree to the Senate substi tute to HB 423.
On the motion, the ayes were 28, nays 96.
The House has disagreed to the Senate substitute to HB 423.

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.

The following Senate amendment was read:

Amend HB 354 by striking line 2 on page 1 and inserting in lieu thereof the following:
"relating to alcoholic beverages, so as to provide for annual permits authorizing free tasting of malt beverages on brewery premises during education and promotional tours conducted by certain brewers; to define and provide".

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By redesignating Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively, and by inserting a new Section 1 to read as follows:
"SECTION 1.
Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by adding at the end of Article 2 of Chapter 5, relating to malt beverages, a new Code Section 3-5-35 to read as follows:
'3-5-35.
The commissioner shall, upon proper application therefor, issue an annual permit to any brewer licensed in this state and which brews over 100,000 barrels of malt beverages annually authorizing such brewer to conduct educational and promotional brewery tours which may include free tasting on the premises by members of the public of tax paid varieties of malt beverages brewed by such brewer.'"

Representative Simpson of the 101st moved that the House agree to the Senate amendment to HB 354.
On the motion, the ayes were 95, nays 15.
The motion prevailed.

Representative Cummings of the 27th would like to be recorded as voting "nay" on HB 354.

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 Senate amendment was read:

Amend HB 250 by striking line 12 of page 3 and inserting in lieu thereof the following:
"on or before January 1, 1996, and shall register on or before January 1 of each year thereafter.'".

The following amendment was read and adopted:

Representative Walker of the 141st moves to amend the Senate amendment to HB 250 as follows:
By changing the figure "12" to the figure "8" so that subsection (j) reads as follows:
"(j) Local government authorities shall initially register on or before January 1, 1996, and shall register on or before January 1 of each year thereafter."

Representative Walker of the 141st moved that the House agree to the Senate amend ment, as amended by the House, to HB 250.
On the motion, the ayes were 100, nays 2.
The motion prevailed.

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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.

The following Senate 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 amend Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, so as to change certain provi sions regarding curriculum-based assessments; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 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 who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Educa tion, Department of Education, Professional Standards Commission, or requirements of local policy or job description."
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^ but not including 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, 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. (2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such con tract, that school administrator may not be demoted except as provided in the other

WEDNESDAY, MARCH 15, 1995

2165

subsections of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940, but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this para graph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection. (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. (4) Notwithstanding the other provisions of this subsection, a local board of education may adopt as part of its personnel policy a tenure policy which may include the same policies and procedures for the nonrenewal of contracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section."
SECTION 4. Code Section 20-2-281 of the Official Code of Georgia Annotated, relating to assessments of educational programs, is amended by striking said Code section in its entirety 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, shall implement the program, and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assem bly. Nationally norm-referenced instruments in reading, science, social studies, and mathematics shall be administered to students in grades three, five, eight, and 11. A nationally norm-referenced instrument or curriculum-based assessment shall be adminis tered in grade 11 for graduation purposes. Writing assessments shall be administered to students in grades four and seven. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests. The State Board of Education shall also administer to all students in the eighth grade who participate in the assessment program a career aptitude and career interest inventory assessment."
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.

Representative Smith of the 175th moved that the House disagree to the Senate sub stitute to HB 154.
The motion prevailed.

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 Senate amendments were read:

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JOURNAL OF THE HOUSE,

SENATE AMENDMENT NO. 1
Amend HB 175 by striking in their entirety lines 36 and 37 of page 1 and inserting in lieu thereof the following:
"local authorities; to permit".
By inserting "or construction" between "temporary" and "work" on line 28 of page 4. By striking in its entirety line 32 of page 14 and inserting in lieu thereof the following:
"Local I levying occupation tax; teeai governments are".
By striking in their entirety lines 16 through 20 of page 15. By inserting "as defined in paragraph (2) of Code Section 48-13-5" between "receipts" and "of on line 29 of page 15.

SENATE AMENDMENT NO. 2
Amend HB 175 by striking in its entirety line 38 of page 12 and inserting in lieu thereof the following:
"practitioners, provided that a jurisdiction which provides an absolute dollar amount limitation on the total amount of tax shall levy and collect such maximum tax only once on each business entity or practitioner even if a business or practi tioner has more than one office or location within the jurisdiction;".

SENATE AMENDMENT NO. 3
Amend HB 175 by striking in its entirety line 11 of page 2 and inserting in lieu thereof the following:
"circumstances; to provide for one or more public hearings regarding the use of addi tional revenue in any year when revenue from occupation taxes is greater than revenue farno"m. occupation taxes in the preceding year; to provide for related matters; to provide
By striking in its entirety line 14 of page 21 and inserting in lieu thereof the following:
"regulatory fees.
48-13-28.
In any year when revenue from occupation taxes is greater than revenue from occupa tion taxes for the preceding year for a local government, the local government shall hold one or more public hearings as a part of the process of determining how to use the addi tional revenue.'"

The following amendment was read and adopted:

Representatives Bates of the 179th, Royal of the 164th and Culbreth of the 132nd move to amend the Senate amendment to HB 175 by striking in its entirety line 25 of page 1 and inserting in lieu thereof the following:
"classification; to change the method of computing the number of employees; to permit the use of more than one rate of.
By striking in their entirety lines 29 through 30 of page 4 and inserting in lieu thereof the following:
"which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession".

WEDNESDAY, MARCH 15, 1995

2167

By striking in its entirety line 8 of page 11 and inserting in lieu thereof the following:
"practitioner as computed on a full-time position basis or full-time position equivalent basis, provided that for the purposes of this computation an employee who works 40 hours or more weekly shall be considered a full-time employee and that the average weekly hours of employees who work less than 40 hours weekly shall be added and such sum shall be divided by 40 to produce full-time position equivalents;".
By striking in its entirety line 8 of page 13 and inserting in lieu thereof the following:
"who paid occupation taxes in the previous year;".
By striking in its entirety line 16 of page 13 and inserting in lieu thereof the following:
"and the increase in tax; and
(G) A credit or reduction as an adjustment for seasonal fluctuations in the number of employees, other fluctuations in the number of employees, increases or decreases in the number of employees, or temporary employees."

Representative Culbreth of the 132nd moved that the House agree to the Senate amendments, as amended by the House, to HB 175.
On the motion, the ayes were 99, nays 0.
The motion prevailed.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Martin of the 47th moved that the House insist on its position in sub stituting SB 124.
On the motion, the ayes were 74, nays 39.
The motion prevailed.

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

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 Senate amendment was read:

Amend HB 269 by adding on line 11 page 2 the following:

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JOURNAL OF THE HOUSE,

"This Act shall become effective July 1, 1995." Renumber Section 2 and lines 12 & 13.

Representative Orrock of the 56th moved that the House agree to the Senate amend ment to HB 269.
On the motion, the ayes were 77, nays 22.
The House has disagreed to the Senate amendment to HB 269.

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

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

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.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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.

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 Senate insists on its substitute to the following bill of the House:

HB 154. By Representatives Smith of the 175th, Polak of the 67th, Murphy of the 18th 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.

The Senate has agreed to the House substitute as amended by the Senate to the fol lowing bill of the Senate:

WEDNESDAY, MARCH 15, 1995

2169

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.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Teper of the 61st moved that the House insist on its position in dis agreeing to the Senate amendment to HB 477 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Watson of the 139th, Teper of the 61st and Jenkins of the 110th.

Representative Orrock of the 56th moved that the House reconsider its action in fail ing to agree to the Senate amendment to HB 269.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Canty Y Carter
Chambless Y Channell Y Childers N Coker Y Coleman, B
Coleman, T Y Connell
Cox N Crawford N Crews Y Culbreth Y Cummings
Davis, G N Davis, M NDay
Y DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S
Dobbs N Ehrhart YEpps

N Evans N Falls Y Felton N Floyd YGodbee N Golden N Goodwin Y Greene N Grindley Y Hanner N Harbin N Harris YHart
Heard Heckstall Y Hegstrom N Hembree Y Henson Holland Y Holmes Y Howard Y Hudson Y Hugley N Irvin Y James

Y Jamieson Jenkins
N Johnson, G Y Johnson, J N Johnston Y Jones
N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee N Lewis N Lifsey YLord
Lucas N Maddox NMann Y Martin Y McBee N McCall Y McClinton

McKinney N Mills Y Mobley, B
N Mobley, J Y Mosley N Mueller Y O'Neal Y Orrock Y Parham Y Parrish Y Parsons Y Pelote Y Perry N Pinholster Y Polak N Porter N Poston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph
YRay Y Reaves N Reichert

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Y Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins Y Shanahan
Shaw Y Sherrill N Shipp Y Simpson

Y Sinkfield
Y Skipper Smith, C
N Smith, C.W Y Smith, L Y Smith, P Y Smith, T N Smith, V N Smith, W Y Smyre N Spelling

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 Twiggs Y 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 N Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 97, nays 64. The motion prevailed.

Representative Orrock of the 56th moved that the House agree to the Senate amend ment to HB 269.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Hugley N Irvin
Y James Jamieson
Jenkins Y Johnson, G
N Johnson, J
N Johnston
Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd N Lakly YLane N Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox
NMann Martin
Y McBee 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 Y Parsons Y Pelote Y Perry N Pinholster Y Polak N Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Y Randall Y Randolph
YRay Y Reaves N Reichert
Y Roberts
Y Rogers Royal
N Sanders Sauder
Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
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 Y Turnquest
Twiggs Y Walker, L N Walker, R.L N Wall Y Watson Y Watts N Westmorland Y Whitaker Y White N Wiles Y Williams, B N Williams, J N Williams, R N Woods N Yates
Murphy, Spkr

On the motion, the ayes were 101, nays 57. The motion prevailed.

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

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.

WEDNESDAY, MARCH 15, 1995

2171

The following Senate substitute was read:

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 of disposition 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.

Representative Poston of the 3rd moved that the House agree to the Senate substitute to HB 495.
On the motion, the ayes were 101, nays 1.
The motion prevailed.

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 Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 596 by striking lines 1 through 21 of page 1 and inserting in lieu thereof the following:
"To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide guidelines and limits on the number of corporate exemptions; to clarify and revise the provisions related to subrogation; to increase the civil and criminal penalties for false and misleading statements; to provide for the assessment

2172

JOURNAL OF THE HOUSE,

of costs of collection of civil penalties, investigations, and prosecution; to provide for the creation of a fraud and compliance unit within the State Board of Workers' Compensation; to provide for matters relative to such unit; to provide a short title; to provide for require ments relative to advertising; to provide certain mandatory notices in conjunction with advertisements related to workers' compensation; to provide criminal penalties for viola tions; to vest the board with the authority to require parties to submit to mediation; to broaden the admissibility of certain medical reports in administrative hearings; to revise provisions relative to catastrophic injuries; to provide for the assessment of a penalty for medical charges not paid within a certain time period; to provide that such penalty shall be paid to the provider of medical services; to delete the differentiation between depen dents of a deceased employee who are not citizens of the United States; to redirect the payment of penalties and other funds from the Subsequent Injury Trust Fund to the gen eral fund of the state treasury; to provide for matters relative to the foregoing; to provide for severability; to provide for retroactivity of certain provisions; to repeal conflicting laws; and for other purposes."
By adding on line 30 of page 3 after the word "may" and before the word "assert" the following:
"but is not i

SENATE AMENDMENT NO. 2
Amend HB 596 by amending subsection (e) on page 4 by adding on line 17 after "of the following:
"subsection (c) of.

Representative Lane of the 146th moved that the House agree to the Senate amend ments to HB 596.
On the motion, the ayes were 103, nays 0.
The motion prevailed.

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

HR 574. By Representative Coleman of the 142nd:
A resolution commending the Dodge County High School boys' basketball team and inviting the members of the team and their coaches to appear before the House of Representatives.

The Speaker announced the House in recess until 1:00 o'clock this afternoon.

WEDNESDAY, MARCH 15, 1995

2173

AFTERNOON SESSION

The Speaker called the House to order.
The following Resolutions of the House were read and adopted:
HR 580. By Representatives Holland of the 157th, Byrd of the 170th, Greene of the 158th and Purcell of the 147th: A resolution recognizing and commending the students selected as officials of the Georgia Youth Assembly.
HR 582. By Representatives Brooks of the 54th, McKinney of the 51st, Shaw of the 176th, Falls of the 125th, Canty of the 52nd and others: A resolution expressing regret at the passing of John W. Greer, Jr.
HR 583. By Representatives Snow of the 2nd, Perry of the llth and Murphy of the 18th: A resolution commending the faculty and students of the Kaleidoscope Pro gram for Gifted Students of Walker County.
HR 584. By Representatives Brooks of the 54th, Holmes of the 53rd, Canty of the 52nd and Davis of the 48th: A resolution expressing regret at the passing of Dr. Hubert B. Ross.
HR 585. By Representatives Hanner of the 159th, Murphy of the 18th and Greene of the 158th: A resolution expressing regret at the passing of Walter Credille Bakes.
HR 586. By Representatives Reaves of the 178th, Floyd of the 138th, Purcell of the 147th, Greene of the 158th, Carter of the 166th and others: A resolution recognizing and commending Dr. Gale A. Buchanan.
HR 587. By Representatives Thomas of the 148th, Bordeaux of the 151st and Pelote of the 149th: A resolution commending the Beach High School Concert Band.
HR 588. By Representatives Thomas of the 148th, Bordeaux of the 151st and Pelote of the 149th: A resolution commending the Savannah High School Symphonic Band.
HR 589. By Representatives Thomas of the 148th, Bordeaux of the 151st and Pelote of the 149th: A resolution commending the Derenne Middle School Concert Band.

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HR 590. By Representatives Stancil of the 16th, Pinholster of the 15th, Harris of the 17th, Whitaker of the 7th and Lifsey of the 6th:
A resolution commending the volunteers of the Northwest Home Health Agency, Inc.

HR 591. By Representatives Teper of the 61st, Orrock of the 56th, McClinton of the 68th, Polak of the 67th, Baker of the 70th and others:
A resolution commending Ms. Deborah Sheppard.

HR 592. By Representatives Porter of the 143rd, Coleman of the 142nd, Birdsong of the 123rd, Barfoot of the 155th, Lord of the 121st and others:
A resolution expressing regret at the passing of Mr. Beverly B. Hayes, Jr.

HR 593. By Representative Martin of the 47th: A resolution commending Ms. Nancy Paris.

HR 594. By Representative Martin of the 47th: A resolution commending William A. Alexander, Jr., M.D.

HR 595. By Representative Martin of the 47th: A resolution commending Becky and Steve Vaughn.

HR 596. By Representative White of the 161st: A resolution commending Mrs. Dorothy Hautman.

HR 597. By Representatives White of the 161st and Teague of the 58th: A resolution commending Dr. Donald Evan Kriest.

HR 598. By Representatives White of the 161st, Roberts of the 162nd and Chambless of the 163rd:
A resolution commending Dr. James D. Woods.

HR 599. By Representatives Streat of the 167th, Smith of the 169th and Byrd of the 170th:
A resolution commending Keisha Wilson.

Under the general order of business, established by the Committee on Rules, the fol lowing Resolution of the Senate was taken up for consideration and read the third time:

SR 248. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease agreement, as amended.

The following Committee substitute was read and adopted:

WEDNESDAY, MARCH 15, 1995

2175

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease agreement, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; and
WHEREAS, said real property is all that tract or parcel of land containing 50.0 acres of land situate, lying and being in the 123rd G. M. District of Richmond County, Georgia, and being more particularly shown and delineated on a certain March 16, 1974, Plat of Survey prepared for State of Georgia for Department of Human Resources by Jamie Golden, Georgia Registered Land Surveyor No. 1680, and entitled "PLAT SHOWING PROPERTY SURVEYED FOR STATE OF GEORGIA FOR DEPT. OF HUMAN RESOURCES"; and
WHEREAS, in 1931, the State of Georgia purchased approximately 30.0 acres of the above-described 50.0 acre tract and Richmond County gave the State of Georgia the remaining 20.0 acres of said tract; and
WHEREAS, the State Properties Commission, acting by virtue of and pursuant to the authority granted by Resolution Act No. 94 passed by the General Assembly in its 1974 regular session and approved by the Governor on March 21, 1974, (Ga. L. 1974, p. 612), entered into a lease agreement with the Augusta Association for Retarded Children, Inc., a Richmond County, Georgia, nonprofit corporation, said agreement dated August 30, 1974 (hereinafter "Lease Agreement"), leasing said parcel of real property to the Augusta Asso ciation for Retarded Children, Inc., for a term of six years commencing August 30, 1974, and ending August 29, 1980; and
WHEREAS, the State Properties Commission and the Augusta Association for Retarded Children, Inc., on March 7, 1977, entered into an agreement to amend the aforesaid Lease Agreement (hereinafter "Amendment to Lease Agreement"), to, among other things, change the term of the Lease Agreement to a term of 50 years commencing August 30, 1974, and ending August 29, 2024; and
WHEREAS, Richmond County is desirous of obtaining ownership of said parcel of real property subject to all stipulations, provisions, terms, covenants, agreements, and condi tions of the aforesaid Lease Agreement as amended by the aforesaid Amendment to Lease Agreement; and
WHEREAS, said parcel of real property is surplus to the needs of the State of Georgia; and
WHEREAS, a portion of said parcel of real property was originally conveyed to the state by Richmond County.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the above-described real property, subject to all stipulations, provisions, terms, cove nants, agreements, and conditions of the aforesaid Lease Agreement as amended by the aforesaid Amendment to Lease Agreement, may be conveyed by appropriate instrument to Richmond County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value of the 30.0 acre tract which was

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previously purchased by the State of Georgia and upon such other terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 4. That the deed of conveyance shall be recorded by the purchaser in the Superior Court of Richmond County.
SECTION 5. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 6. That all laws and parts of laws in conflict with this resolution are repealed.

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

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

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

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

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

Smith, W Y Smyre
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 Trense Turnquest Twiggs Walker, L Y Walker, R.L Y Wall Watson
Watts Westmoreland Whitaker White Y Wiles Y Williams, B Y Williams, J Williams, R Y Woods Yates Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 94, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

WEDNESDAY, MARCH 15, 1995

2177

Representatives Brown of the 130th and Snelling of the 99th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

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

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.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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.

The following Senate substitute was read:

A BILL
To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking paragraph (4) of subsection (b) of Section 17 and inserting in lieu thereof a new paragraph (4) to read as follows:
"(4) The salary of the chief deputy clerk shall be $47,928.40 per annum to be paid in equal monthly installments from funds of Cobb County."
SECTION 2. Said Act is further amended by striking from Section 23 the following:
"The clerk of the State Court of Cobb County shall receive an annual salary of $57,317.00, payable in equal monthly installments from the funds of Cobb County.", and inserting in lieu thereof the following: "The clerk of the State Court of Cobb County shall receive an annual salary of $59,609.68, payable in equal monthly installments from the funds of Cobb County."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Representative Coker of the 31st, et al. move to amend the Senate substitute to HB 923 by striking line 3 of page 1 and inserting in lieu thereof the following:
"so as to change the compensation of the chief judge, the clerk, and the chief.
By redesignating Sections 2 through 4 as Sections 3 through 5, respectively.
By adding between lines 10 and 11 of page 1 the following:
"amended by striking the paragraph at the end of Section 3, which reads as follows:
'The judge of said court who is senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expe ditious disposition of the business of the state court and shall have power to make such rules as he shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. If two or more judges of said court have equal continuous service as state court judges, the judges of the state court shall, by majority vote, elect from their number a chief judge to serve a two-year term and until a successor is elected. He shall be vested with the power to make all appointments whenever the law provides for the state court judge to make appointments. The chief judge shall serve as liaison between the state court and the Board of Commissioners for Cobb County with respect to the budget, personnel, and other matters. He shall also serve as liaison between the state court and other courts and between the state court and the general public. He shall have such additional duties as may be agreed upon by the judges of the state court and as prescribed by general law. The chief judge of the State Court of Cobb County shall receive as additional compensation $1,200.00 per annum.',
and inserting in lieu thereof the following:
'The judge of said court who is senior in length of continuous service as a state court judge shall be the chief judge and shall be responsible for the administration and expe ditious disposition of the business of the state court and shall have power to make such rules as he or she shall deem necessary or proper for such purpose but not in conflict with the general laws of this state, which rules shall be binding upon the other judge or judges of the state court. If two or more judges of said court have equal continuous service as state court judges, the judges of the state court shall, by majority vote, elect from their number a chief judge to serve a two-year term and until a successor is elected. The chief judge shall be vested with the power to make all appointments when ever the law provides for the state court judge to make appointments. The chief judge shall serve as liaison between the state court and the Board of Commissioners for Cobb County with respect to the budget, personnel, and other matters. The chief judge shall also serve as liaison between the state court and other courts and between the state court and the general public. The chief judge shall have such additional duties as may be agreed upon by the judges of the state court and as prescribed by general law. The chief judge of the State Court of Cobb County shall receive as additional compensation $2,800.00 per annum.'
SECTION 2.
Said Act is further".

Representative Coker of the 31st moved that the House agree to the Senate substi tute, as amended by the House, to HB 923.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

WEDNESDAY, MARCH 15, 1995

2179

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

SR 12. By Senator Hooks of the 14th: A resolution designating the J. L. Turner Bridge.

The following substitute, offered by Representative Parham of the 122nd, was read and adopted:

A RESOLUTION
Designating the J. L. Turner Bridge and the William E. "Bill" Ireland Youth Development Campus; and for other purposes.
PARTI
WHEREAS, Mr. J. L. Turner was very active throughout his life in community affairs; and
WHEREAS, as Mayor of Ideal, Georgia, for many years, he provided the vision and lead ership for successful efforts to pave roads and install sewer lines and municipally owned cable television; and
WHEREAS, he retired after years of commendable service to the people of this state in a responsible position in the Georgia Department of Transportation; and
WHEREAS, he was held in affectionate regard by the citizens of Ideal and Macon County, Georgia, who have missed his energy and cheerful spirit since his passing from this life; and
WHEREAS, several citizens in Ideal and the surrounding area, representatives from Geor gia Power and Alltel, the Macon County Shrine Club, and others have expressed the desire to honor the memory of Mr. J. L. Turner; and
WHEREAS, the City Council of Ideal, Georgia, voted unanimously to request that the new bridge on Georgia Route 90 be named after him.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the members of this body commend Mr. J. L. Turner for his many contributions to his community and the state and designate the bridge on Georgia Route 90 in Macon County the J. L. Turner Bridge.
BE IT FURTHER RESOLVED that the Georgia Department of Transportation is autho rized and directed to erect and maintain appropriate signs designating the bridge.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is autho rized and directed to transmit an appropriate copy of this resolution to the Mayor and City Council of Ideal, Georgia.
PART 2
WHEREAS, William E. Ireland was an inmate at the Georgia Reformatory for Boys in Milledgeville, Georgia; and
WHEREAS, during his confinement, the director of the institution recognized Mr. Ireland's great leadership abilities and employed him at the institution in 1921; and
WHEREAS, in 1926, upon Director Carswell's retirement, Mr. Ireland was appointed the new director of the institution; and

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WHEREAS, Mr. Ireland was instrumental in having the supervision of the institution transferred from the prison system to the Department of Welfare and in having the name of the facility changed to the Georgia Training School for Boys; and
WHEREAS, Mr. Ireland was respected and loved by the employees and the residents of the training school and was known to all as "Mr. Bill"; and
WHEREAS, he served as director of the training school during 12 gubernatorial adminis trations before being appointed as State Welfare Director in 1947 by acting Governor, M. E. Thompson; and
WHEREAS, in January of 1949, he was reappointed as director of the Georgia Training School for Boys and remained as director until his retirement in 1964; and
WHEREAS, Mr. Ireland died in 1985 at the age of 84, but he will always be remembered for his 43 years of dedicated service to the people of this state; and
WHEREAS, the former Georgia Training School for Boys is now the Youth Development Campus in Milledgeville, Georgia, under the jurisdiction of the Department of Children and Youth Services.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Youth Development Campus in Milledgeville, Georgia, be named the William E. "Bill" Ireland Youth Development Campus.
BE IT FURTHER RESOLVED that the Department of Children and Youth Services is authorized and directed to place and maintain appropriate markers designating the Wil liam E. "Bill" Ireland Youth Development Campus.
BE IF FURTHER RESOLVED that the Clerk of the House of Representatives is autho rized and directed to transmit appropriate copies of this resolution to the Commissioner of Children and Youth Services and to the family of Mr. William E. "Bill" Ireland.

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
Baker Bannister Barfoot Y Bargeron Barnard Y Barnes Bates
Y Benefield Birdsong Bordeaux Bostick
Y Breedlove Brooks, D
Y Brooks, T Brown, G Brown, J
Brush Y Buck
Y Buckner Bunn
Burkhalter Byrd Campbell
Y Canty Y Carter Y Chambless

Y Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Cox Y Crawford Y Crews
Y Culbreth 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
Evans Y Falls
Felton
Y Floyd Godbee Golden

GooJwin Greene Grindley Manner Harbin Y Harris Y Hart Y Heard Heckstall
Y Hegstrom Y Hembree
Henson Y Holland Y Holmes
Howard Y Hudson
Hugley Y Irvin
Y James Jamieson
Jenkins Y Johnson, G
Y Johnson, J Y Johnston
Jones
Y Joyce Kaye
Y Kinnamon

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

Y Perry Y Pinholster
Polak Porter Y Poston Powell Y Purcell, A Y Purcell, B Randall
Randolph Ray Reaves Y Reichert Y Roberts Y Rogers Royal Sanders Y Sauder
Scoggins Y Shanahan
Shaw Sherrill
Y Shipp Y Simpson Y Sinkfield
Y Skipper Y Smith, C
Smith, C.W

WEDNESDAY, MARCH 15, 1995

2181

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

Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor

Y Teague Y Teper
Thomas Y Tillman Y Titus
Towery Y Trense
Turnquest

Twiggs Walker, L Y Walker, R.L Y Wall
Y Watson Y Watts
Westmoreland Whitaker

White Y Wiles Y Williams, B Y Williams, J
Williams, R Y Woods
Yates
Murphy, Spkr

On the adoption of the Resolution, by substitute, the ayes were 100, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

Representatives Brown of the 130th and Snelling of the 99th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SR 240. By Senators Johnson of the 1st, Walker of the 22nd and Thomas of the 10th:
A resolution creating the Joint Study Committee on Certificate of Need for Health Care Facilities.

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

Ashe Y Bailey
Baker Bannister Barfoot Y Bargeron Barnard Y Barnes
Bates Y Benefield
Birdsong Bordeaux Bostick Y Breedlove Brooks, D Y Brooks, T Y Brown, G Brown, J Brush YBuck Y Buckner
Y Bunn Burkhalter Byrd 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
Davis, G Davis, M YDay Y DeLoach, B Y DeLoach, G Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Evans
Y Falls Y Felton Y Floyd
Y Godbee Golden
Goodwin Greene Grindley Hanner Harbin Y Harris Y Hart Y Heard
Heckstall Hegstrom Y Hembree Henson Y Holland Y Holmes Y Howard Y Hudson

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

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

On the adoption of the Resolution, the ayes were 110, nays 0.

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

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JOURNAL OF THE HOUSE,

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

Representatives Brown of the 130th and Snelling of the 99th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SR 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.

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
Bannister Y Barfoot Y Bargeron
Barnard Y Barnes
Bates Y Benefield Y Birdsong
Bordeaux Bostick Y Breedlove Brooks, D Y Brooks, T Y Brown, G Brown, J
Brush Buck Y Buckner Y Bunn Burkhalter Byrd 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 Culbreth
Y Cummings Davis, G Davis, M
YDay Y DeLoach, B Y DeLoach, G
Dix Y Dixon, H
Y Dixon, S Dobbs
Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee
Golden Goodwin
Greene Grindley Y Manner Harbin Y Harris YHart Heard Heckstall 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 Lakly
YLane Y Lawrence Y Lee Y Lewis
Lifsey YLord Y Lucas
Y Maddox YMann Y Martin Y McBee Y McCall
McClinton McKinney
Mills Y Mobley, B
Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock

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

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

On the adoption of the Resolution, the ayes were 118, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Brown of the 130th and Snelling of the 99th stated that they had been called from the floor of the House during the preceding roll call. They wished to be
recorded as voting "aye" thereon.

WEDNESDAY, MARCH 15, 1995

2183

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.

The following Committee substitute was read and adopted:

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 provisions relating to the appli cability of the Georgia Administrative Procedure Act to Title 27 generally; to provide for clarification of certain references contained in said title; to provide for appeals; 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; to provide effective dates; 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 striking in their entirety subparagraphs (E), (F), and (G) of paragraph (36) of Code Section 27-1-2, relating to the definition of game fish, and inserting in lieu thereof, respec tively, the following:
"(E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers); reek bass (gogglcyc); (iii) Rockbass (goggleye); (iv) Shadow bass; {HJ}{V} Redbreast Sunfish; {iv}{vi][ Redear Sunfish; {vKvii) Bluegill (bream); and {vi)(viii) Warmouth;
(F) Perch: (i) Walleye; and (ii) Sauger;
(G) Pickerel: (i) Muskellunge; Chain pickerel; Grass pickerel; and {ivKiii) Redfin pickerel; and"
SECTION 2. Said title is further amended by adding two new subsections (d) and (e) to Code Section 27-1-5, relating to the applicability of the Georgia Administrative Procedure Act to Title 27 generally, to read as follows:
"(d) Notwithstanding any other law to the contrary, any reference to an administrative law judge or hearing officer in this title shall be to an administrative law judge appointed by the chief state administrative law judge. The decision of the administrative law judge shall constitute the final administrative decision in any matter and any party

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to the matter, including the commissioner, shall have the right of judicial review in accordance with Chapter 13 of Title 50. Any request for administrative review by an administrative law judge appointed by the chief state administrative law judge shall be filed with the commissioner. (e) Notwithstanding any other law to the contrary, any reference to a final decision of the Board of Natural Resources in this title shall be to a final administrative decision by an administrative law judge appointed by the chief state administrative law judge."
SECTION 3. Said title is further amended by striking Code Section 27-4-10, relating to creel and pos session limits, in its entirety and inserting in lieu thereof the following:
"27-4-10.
It shall be unlawful to take in one day or to possess at any one time, except at one's place of abode or at a commercial storage facility, more than:
(1) Ten of any one or a combination of the following species: (A) Largemouth bass; (B) Smallmouth bass; (C) Shoal bass; (D) Suwannee bass; (E) Spotted bass or Kentucky bass; (F) Redeye or Coosa bass;
(2) Eight of any one or a combination of the following species: (A) Rainbow trout; (B) Brook trout; (C) Brown trout;
(3) Fifteen of any one or a combination of the following species; provided, however, only two fish may be 22 inches or longer in length:
(A) White bass; (B) Striped bass; (C) Striped-white bass hybrids; (4) Notwithstanding the provisions of paragraph (3) of this Code section to the con trary, from the Ogeechee River, the Oconee River downstream of Sinclair Bam Geor gia Highway 22 in Milledgeville, the Ocmulgee River downstream of Julicttc Bam the Georgia Highway 96 bridge between Houston and Twiggs counties, the Altamaha River, and the Satilla River; from the tributaries to such described sections; and from salt water as defined in Code Section 27-4-1 two of any one or a combination of the following species each of which must be 22 inches or longer: (A) White bass; (B) Striped-white bass hybrids; (C) Striped bass; (5) Fifty of any one or a combination of the game species of bream or sunfish; (6) Eight walleye (walleyed pike); (7) Eight sauger; (8) Two muskcllungc; {9}{8) Fifteen of any one or a combination of the following species of pickerel: (A) Chain; (B) Grass; (C) Redfin; 4MK9) Thirty of any one or a combination of the following species: (A) Black crappie; (B) White crappie; 43rt}(10) Eight of any one or a combination of the following species:
(A) American shad; (B) Hickory shad; ft3}(ll) A total of 50 of all of the species named in this Code section."
SECTION 4. Said title is further amended by striking subsection (b) of Code Section 27-4-36, relating to artificial-lure streams, in its entirety and inserting in lieu thereof the following:

WEDNESDAY, MARCH 15, 1995

2185

"(b) The following streams are declared to be artificial-lure streams: (1) That portion of the Chattahoochee River from Georgia Highway 20 downstream to the boat ramp at the National Park Service Medlock Bridge Park immediately upstream of Georgia Highway 141; (2) Noontootla Creek and its tributaries on the Blue Ridge Management Area; (3) Coleman River and its tributaries from the junction with Tallulah River upstream to Forest Service Bridge No. 54; (4) Jones Creek and its tributaries on the Blue Ridge Management Area; (5) Mountaintown Creek and its tributaries above SCS structure No. 2; (6) Stanley Creek and its tributaries on the Rich Mountain Management Area; (7) Hoods Creek and its tributaries on the Warwoman Management Area; and (8) Walnut Fork and its tributaries on the Warwoman Management Area;; (9) Conasauga River upstream of the Georgia-Tennessee state line and its tributaries to that portion of the river; provided, however, Conasauga River and its tirbutaries shall not be artificial-lure streams from the last Saturday in March through October 31 of each year; and (10) Dukes Creek in White County downstream from the United States Forest Service property boundary."
SECTION 5. Said title is further amended by striking paragraph (b) of Code Section 27-4-50, relating to manner of fishing, in its entirety and inserting in lieu thereof the following:
"(b) It shall be unlawful to use live fish for bait in any waters designated in Code Sec tion 27-4-52 or 27-4-53; provided, however, that it shall not be unlawful to use live fish for bait in that section of the Chattahoochee River downstream of Morgan Falls Dam."
SECTION 6. Said title is further amended by striking subsection (c) of Code Section 27-4-51, relating to hours, in its entirety and inserting in lieu thereof the following:
"(c) Those streams designated as trout streams without seasons in Code Section 27-4-52 shall be open for fishing 24 hours a day; provided, however, this subsection shall not apply to the Conasauga River watershed upstream of the Georgia-Tennessee state line nor to the Chattahoochee River downstream of Lake Lamer."
SECTION 7. Said title is further amended by striking Code Section 27-4-52, relating to trout waters without seasons, in its entirety and inserting in lieu thereof the following:
"27-4-52.
The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, trout waters and shall be open for trout fishing throughout the year:
(1) Bartow County: (A) Connesena Creek watershed; {A)|BJ Dykes Creek watershed; {BKO Pine Log Creek watershed; {GKD) Pyle Creek watershed; {SHE) Salacoa Creek watershed; {E)(F) Spring Creek watershed; (G) Stamp Creek watershed; {PKH) Two Run Creek watershed; and {G>ill Ward Creek watershed;
(2) Carroll County: (A) Brooks Creek watershed; (B) Mud Creek watershed; and (C) Tallapoosa River;
(3) Catoosa County: (A) Dry Creek watershed (Part ef-j which is a part of the East Chickamauga Creek watershed)! upstream of Catoosa County Road 257;

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(B) Little Chickamauga Creek watershed upstream from Catoosa County Road 387; and (C) Tiger Creek watershed upstream from Georgia Highway 2; (4) Chattooga County: (A) Little Armuchee Creek watershed upstream from County Road 326; (B) Storey Mill Creek watershed; and (C) Taliaferro Creek watershed; (5) Cherokee County: (A) Bluff Creek watershed upstream of Cherokee County Road 114; (B) Murphy Creek watershed; (C) Pine Log Creek watershed; ad (D) Salacoa Creek watershed; (E) Sope Creek watershed upstream of Cherokee County Road 116; and (F) Stamp Creek watershed; and {P)(G) Wiley Creek watershed; (6) Cobb County: Chattahoochee River downstream to the lower or most southerly crossing of 1-285 West bridge (lower e* most southerly crossing); (7) Bade County: (A) Allison Creek watershed; and (B) Lookout Creek watershed, upstream from Dade County Road 197; (8) Dawson County: Amicalola Creek from Road S 2275 downstream to Georgia High way 53; (9) Fannin County: (A) Conasauga River watershed; (B) Ellijay River watershed: {A){C} Fightingtown Creekt Entire length downstream from Georgia Highway 2 bridge; and watershed; (D) Noontootla Creek Watershed; (E) Rock Creek watershed, including Rock Creek Lake; and {B)(F) Toccoa River: Entire lengthz but {not including tributaries^ except as listed in this Code section; (10) Floyd County: (A) Dykes Creek watershed; (B) Little Cedar Creek watershed; {B)(C} Silver Creek watershed upstream of Georgia Highway IE; {)(D) Spring Creek watershedz which {flows into Etowah River); and {B)(E) Spring Creek watershed^ which {flows into State of Alabama); (11) Forsyth County: Chattachoochee River; 4M)(12) Fulton County: Chattahoochee River from Roswcll Read Bridge downstream to the lower or most southerly crossing of 1-285 West bridge {tewer er meat southerly crossing); 413)131 Gilmer County: (A) Ball Creek watershed; (B) Cartecay River downstream from Georgia Highway 63 watershed; (C) Conasauga River watershed; 4)(D) Coosawattee River from confluence of Cartecay and Ellijay rivers down stream to old Georgia Highway 5 bridge; {B)(E) Ellijay River; Entire length downstream from the mewtft ef- Kelts Creek watershed: {B)(F) Mountaintown Creek: Entire length downstream from Georgia Highway 62 bridge watershed; (G) Noontootla Creek Watershed;
{F)(H) Sevenmile Creek watershed;
{G)(H Town Creek watershed; and
{H){J_1 Wildcat Creek watershed;
4t8)(14) Gordon County:
(A) Long Branch watershed;

WEDNESDAY, MARCH 15, 1995

2187

(B) Pine Log Creek watershed upstream from Georgia Highway 53; and (C) Salacoa Creek watershed upstream from U.S. Highway 411; (15) Gwinnett County: Chattahoochee River; {14}(16} Habersham County: (A) Chattahoochee River downstream to Georgia Highway 115; (B) Liberty Creek watershed; (C) North Fork Broad River watershed; {BKD) Panther Creek; Entire length downstream front eth ef Little Panther Creek watershed; (E) Roberts Branch watershed; {GHF) Sautee Creek: Entire length downstream from Georgia Highway 255 Alter nate bridge; {B)(G) Soque River watershed from King's Bridge^ which is {Georgia Highway 197 below the mouth of Shoal Creek)z downstream to the mouth of Deep Creek; and
\J-jJJJCCp VjFCClf IFOIH tllC W CSt JVLlll DlflCx& 91tC UpStPCftIftj mclUulH 8n tM DUtflHCft;
te its headwaters; (H) Toccoa Creek watershed; {tfM17) Haralson County: (A) Mountain Creek watershed; (B) Tallapoosa Creek watershed; and (C) Tallapoosa River watershed upstream from County Road 222; {t6}(18) Hart County: Savannah River from Hartwell Dam downstream to Richard B. Russell Lake;
Lumpkin County: (A) Chestatee River from Tate BridgBj which is the {first bridge below Turner's Corner)z downstream to the mouth of Tesnatee Creek; and (B) Etowah River from Jay Bridge downstream to Castleberry Bridge; and (C) Yahoola Creek watershed downstream from the mouth of Bryant Creek to Georgia Highway 52; }{20i Murray County: (A) Conasauga River watershed upstream from the Georgia-Tennessee state line; (B) Holly Creek watershed, including Dill Creek watershed, upstream from Dill Creek; (C) Mill Creek watershed upstream from Murray County Road 27; {A)(D) Mill Creek watershedj which is {within Holly Creek watershed); and {B)(E) Rock Creek (north) watershedj the most northern of two Rock Creek water sheds which are in the Holly Creek watershed, upstream from Murray County Road 301;
Paulding County: (A) Pyle Creek watershed; (B) Simpson Creek watershed; (C) Tallapoosa River watershed; (D) Thompson Creek watershed; and (E) Ward Creek watershed;
Pickens County: (A) Ball Creek watershed; (B) Bluff Creek watershed; (C) Cartecay River watershed; {}(D) Fourmile Creek watershed; {B)(E) Hobson Creek watershed; {E} (F) Little Scarecorn Creek watershed;
{P>(G) Long Branch watershed;
{O)(H) Long Swamp Creek watershedz {including Darnell Creek watershed^ upstream from Cove Creek;
{H)([Iji Mud Creek watershed;
Rock Creek watershed;
Salacoa Creek watershed;

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{K) (L) Scarecorn Creek watershed upstream from Georgia Highway 53; {fe)(M) Sevenmile Creek watershed; 4M)(N) Sharp Mountain Creek watershed; {N)(0) Sope Creek watershed; {O)(P) Talking Rock Creek watershed upstream from Georgia Highway 136 Road S1011; {P)(Q) Town Creek watershed; and {Q)(&> Wildcat Creek watershed; {2D{231 Polk County: (A) Cedar Creek watershed upstream from Polk County Road 121; (B) Fish Creek watershed upstream of Plantation Pipeline; (C) Little Cedar Creek watershed; {G)(D) Silver Creek watershed; {B)(E) Simpson Creek watershed upstream of Lake Dorene; {E){FJ Spring Creek watershed; {P)(G) Swinney Creek watershed; {G)(H) Thomasson Creek watershed; and 4H) (I) Thompson Creek watershed upstream of Polk County Road 441; {33)(24) Rabun County: (A) Chattooga River: Entire length between Georgia and South Carolina; (B) Chattooga River, West Fork: Entire length; (C) Little Tennessee River: Entire length downstream from U.S. Highway 23-441 bridge; (D) Overflow Creek: Entire watershed; and (E) Stekoa Creek watershed; and {E)(F) Tallulah River: Downstream to Lake Rabun; {23) (25) Stephens County: (A) Leatherwood Creek watershed upstream from Georgia Highway 184 bridge; (B) Little Toccoa Creek watershed; (C) North Fork Broad River watershed upstream from SCS flood control structure No. 1; (D) Panther Creek; Entire lenth; watershed; and (E) Toccoa Creek watershed upstream from Toccoa Falls; {S4){261 Towns County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Hightower Creek: Entire length downstream from U.S. Highway 76 bridge; (C) Hiawassee River: Entire length downstream from Brown Bridge which is the {second bridge above U.S. Highway 76 on Georgia Highway 75); (D) Charlies Creek watershed; and (E) Tallulah River; 436)(27) Union County: (A) Brasstown Creek: Entire watershed downstream from U.S. Highway 76 bridge; (B) Coosa Creek: Entire watershed; (C) Ivylog Creek: Entire watershed; (D) Noontootla Creek Watershed; {B)(E) Nottely River from U.S. Highway 129-19 bridge downstream to Nottely Res ervoir; (F) Rock Creek watershed; {B)(G) Toccoa River: Entire length^ but (not including tributaries) except as listed
in this Code section; and {F)(H) Youngcane Creek: Entire watershed; {36)(281 Walker County:
(A) Chattanooga Creek watershed upstream from Walker County Road 235;
(B) Concord Creek watershed;
(C) Duck Creek watershed;
(D) Gulf Creek watershed; ad
(E) Little Chickamauga Creek watershed; and

WEDNESDAY, MARCH 15, 1995

2189

{E)(F1 West Armuchee Creek watershed; {3T>(29) White County:
(A) Chattahoochee River downstream from Nora Mills {the Georgia Highway W) downstream 75 Alternate bridge to the Georgia Highway 115 bridge; and (B) Dukes Creek watershed downstream from the United States Forest Service property boundary; (C) Little Tesnatee Creek watershed upstream from the Mouth of Turner Creek; {BMP) Sautee Creek: Entire length; and (E) Turner Creek watershed, which is the Turner Creek watershed nearest to Cleve land city limits; and <m(M Whitfield County: (A) Coahulla Creek watershed upstream from Whitfield County Road 183; (B) Dry Creek watershed {P-artj which is a part of East Chickamauga Creek water shed); and (C) Spring Creek watershedr; and (D) Tiger Creek watershed."
SECTION 8. Said title is further amended by striking Code Section 27-4-53, relating to trout waters with seasons, in its entirety and inserting in lieu thereof the following:
"27-4-53.
The following waters and all streams within the following watersheds, excluding any impoundments thereon unless specifically included, are designated, in the counties listed, as trout waters with seasons. It shall be unlawful to fish in any of the following trout waters except from the last Saturday in March through October 31 of each year:
(1) Bartow County: (A) Boston Creek watershed upstream from Georgia Highway 20; and (B) Conncscna Creek watershed; (C) Stamp Creek watershed upstream from Bartow County Read 269f and {B} Toms Creek watershed upstream from Bartow County Road 82;
(2) Catoosa County: (A) Hurricane Creek watershed upstream from Peters Branch; (B) Little Chickamauga Creek watershed upstream frem Catooaa County Read 38?;
(C) Tiger Creek watershed upstream frem Georgia Highway 3; (3) Chattooga County:
(A) Allgood Branch watershed upstream frem Tcnncaacc, Alabama, and Georgia
(B) Chappel Creek watershed; (C) Chelsea Creek watershed; (D) East Fork Little River watershed; (E) Hinton Creek watershed; (F) Kings Creek watershed; (G) Middle Fork Little River watershed; (H) Mt. Hope Creek watershed; (I) Perennial Spring watershed; (J) Raccoon Creek watershed upstream from Georgia Highway 48; and (K) Ruff Creek watershed; (L) Storey Milt Greek watershed; and (M) Taliafcrro Creek watershed; (4) Cherokee County: {A) Boston Creek watershed; and (B) Stamp Creek watershed; (5) Dade County: (A) East Fork Little River watershed; (B) Rock Creek watershed; and (C) West Fork Little River watershed;

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(6) Dawson County: (A) Amicalola Creek watershed upstream from County Road S 2275j which is the first bridge upstream from Georgia Highway 53; (B) Amicalola Creek tributaries from Georgia Highway 53 upstream to Road S 2275; (C) Shoal Creek watershed upstream from the mouth of Burt Creek; and (D) Sweetwater Creek watershed;
(7) Fannin County: {A) All streams or parts of streams, except those listed in Code Section 27-4-52; and (B) Rock Greek feate;
(8) Floyd County: (A) Johns Creek watershed upstream from Floyd County Road 212; (B) Kings Creek watershed; (C) Lavender Creek watershed upstream from Floyd County Road 234; (D) Little Gedar Greek- watershed; {E)(D) Mt. Hope Creek watershed; and {P>(E) Toms Creek watershed;
(0) Forayth County: Chattahoochcc River; ^10J--e illtoil Ootmtyi Ohfl11finoociiftc WIVCF upstPCAIR IPOIR -ixoswcii DPIQ^C \t/i'07 HiftTM
Tw.fnr "1 Q\. rrtAj *-'S/1
4tt)(9) Gilmer County: All streams or parts of streams, except: (A) Those listed in Code Section 27-4-52; and (B) Coosawattee River downstream from old Georgia Highway 5; (C) Seven MHe Creek watershed; aad (D) Talking Reek Greek;
{J3K10) Gordon County: (A) Johns Creek watershed; (B) Pin Hook Creek watershed upstream from Rye Gordon County Road 275; (C) Rocky Creek watershed upstream from West Union Road Gordon County Road 210; and (D) Snake Creek watershed;
(13) Gwinnctt County: Chattahoochcc River; 434H11) Habersham County:
(A) Chattahoochee River tributaries downstream to Georgia Highway 115, except Sautee Creek downstream from Georgia Highway 255 Alternate bridge; (B) Davidson Creek watershed; (C) Little Panther Creek watershed; <B>(C) Middle Fork Broad River watershed; {E)(D) Nancytown Creek watershed upstream from Nancytown Lake; and (F) North Fork Broad River watershed; (G) Panther Creek watershed upstream above mouth ef Little Panther Creek; (H) Panther Creek tributaries downstream from mouth ef Little Panther Creek; ffi(E) Soque River watershed upstream from King's Bridge which is the {Georgia Highway 197 bridge just below the mouth of Shoal Creek);
\v/--OOQU6 ttlVCP tpl DUt/flPlCS IFOIH tftC IHOUtrl Of IJCCp OrCCR Up9tFCftIft tO J\lfl 9
P--|jj jp. rtflfj
(K) Toccoa Creek watershed; 21 Haralson County:
(A) Beach Creek watershed upstream from Haralson County Road 34; {B>(A) Flatwood Creek watershed; <>iBl Lassetter Creek watershed; and {B>(C) Mann Creek watershed upstream from Haralson County Road 162; t6)(13) Lumpkin County: (A) Amicalola Creek watershed; (B) Cane Creek watershed upstream from UrSr Highway 49 the Georgia Highway 9-52 bridge; (C) Cavender Creek watershed; (D) Chestatee River watershed upstream from Tate Bridge2 which is the {first bridge below Turner's Corner);

WEDNESDAY, MARCH 15, 1995

2191

(E) Chestatee River tributaries from the mouth of Tesnatee Creek upstream to Tate BridgBi which is the {first bridge below Turner's Corner); (F) Dockery Lake; (G) Etowah River watershed upstream from Jay Bridge; (H) Etowah River tributaries from Castleberry Bridge upstream to Jay Bridge; (I) Shoal Creek watershed; and (J) Yahoola Creek watershed: including Bryant Creek watershed, upstream from Georgia Highway 63 the mouth of Bryant Creek; 4^(141 Murray County: (A) All tributaries to Carters Reservoir; (B) Conosauga- Jacks River watershed upstream frem Georgia-Tennessee state Hue Jacks River watershed upstream from Georgia-Tennessee state line; (C) Holly Creek watershed (including Emery Creek watershed) upstream from Emery Greek; (D) Mill Creek watershed upstream from Murray County Read &h {E){Cj North Prong Sumac Creek watershed; {F-)(D) Rock Creek watershedj the most southern of two Rock Creek watersheds which are in the Holly Creek watershed, upstream from Murray County Road 4; {t)(E) Sugar Creek watershed upstream from Murray County Road 4; and {H)(F) Sumac Creek watershed upstream from Coffey Lake; {*8)(151 Paulding County: (A) Possum Creek watershed upstream from Paulding County Road 64; (B) Powder Creek watershed; (C) Pumpkinvine Creek watershed upstream from Paulding County Road 231; and (D) Raccoon Creek watershed upstream from Road SR 2299; 419)1161 Pickens County. (A) Amicalola Creek watershed; (B) Cartccay River watershed; {G)IH Fisher Creek watershed; {B)(C) Long Swamp Cove Creek watershed upstream from Pickens County Road 294; and {E)(D) Pin Hook Creek watershed; ad (F) Talking Reek Creek watershed upstream f-rem Route S 1011; {2e)(171 Polk County: (A) Lassetter Creek watershed; and (B) Little Cedar Creek watershed; and {)iBj Pumpkinpile Creek watershed upstream from Polk County Road SR 1032 437; {&D(18) Rabun County: All streams, except: (A) Those listed in Code Section 27-4-52; and (B) The Tallulah River downstream from Lake Rabun Dam; {33)(19) Stephens County: (A) Lcathcrwood Creek watershed upstream frem Georgia Highway 184 bridge; (B) Little Toccoa Creek watershed; {) Middle Fork Broad River watershed upstream from SCS flood control structure No. 44; (D) North F-erk Bread River watershed upstream fi-em SGS flood control structure
(E) Panther Creek tributaries; and (F) Toccoa Greek upstream frem Toccoa {33)(20) Towns County: All streams, except those listed in Code Section 27-4-52; {34)(21) Union County: All streams, except: (A) Those listed in Code Section 27-4-52;
(B) Butternut Creek watershed; and (C) Nottely River downstream from Nottely Dam; {36)(22) Walker County:
(A) Alien Creek watershed;

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(B) Chappel Creek watershed; (C) Dry Creek watershedz which is a {tributary to East Armuchee Creek); (D) East Armuchee Creek watershed upstream from Georgia Highway 136; (E) East Fork Little River watershedj which {flows into Dade County); (F) East Fork Little River watershedj which {flows into Chattooga County, includes including Gilreath Creek); (G) Furnace Creek watershed; (H) Harrisburg Creek watershedj {including Dougherty Creek watershed^ upstream from Dougherty Creek; (I) Johns Creek watershed; (J) Left Fork Coulter Branch watershed; (K) Little Chickamauga Creek watershed; {tj)(K) Middle Fork Little River watershedj including (includca Cannon Branch and Hale Branch); {M)(L) Rock Creek watershed^ {including Sawmill Branch^ upstream from Sawmill Branch; {N)(M) Ruff Creek watershed; {G)(N) Snake Creek watershed; {P)(0) West Chickamauga Creek watershed upstream from Walker County Road 107; and {Q)(P) West Fork Little River watershed; {a6)(23) White County: (A) Chattahoochee River watershed upstream from Nora Mills (Georgia Highway W) the Georgia Highway 75 Alternate bridge; (B) Chattahoochee River tributaries from Georgia Highway Itt 75 Alternate bridge
the Georgia Highway 115 bridge, except Dukes Creek watershed downstream from the United States Forest Service property boundary and Sautee Creek; and (C) Little Tcsnatcc Creek watershed upstream fi-em the mouth ef Turner Creek! {B)(C) Town Creek watershed upstream from the mouth of Jenny Creek; and (E) Turner Creek watershed (Turner Creek nearest te Cleveland erty limits); and {27){241 Whitfield County: (A) East Armuchee Creek watershed; (B) Snake Creek watershed and; (C) Swamp Creek watershed upstream from Whitfield County Road 9f and. (D) Tiger Creek watershed."
SECTION 9. Section 2 of this Act shall become effective upon approval 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 10. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 104, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
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.

WEDNESDAY, MARCH 15, 1995

2193

The following Committee substitute was read:
A BILL
To amend Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to pro cedure for disposition of property no longer needed for public road purposes, so as to change the provisions relating to the disposition of property for which the right of acquisi tion has not been exercised; to provide that a county or municipality may sell property by listing the property through real estate brokers or at public auction; to provide that property shall be sold to the person making the best offer or highest bid; to provide an exception; to provide for notice of the real estate listing or auction; to authorize the rejec tion of all offers for property; to provide for the disposition of property in cases where all offers are rejected; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-7-4 of the Official Code of Georgia Annotated, relating to procedure for disposition of property no longer needed for public road purposes, is amended by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b)(l)(A) Unless a sale of the property is made pursuant to paragraphs (2) or (3) of this subsection, such Seh sale shall be made to the bidder submitting the high est of the sealed bids received after public advertisement for such bids for two weeks. The department or the county or municipality shall have the right to reject any and all bids, in its discretion, to readvertise, or to abandon the sale. {3)(B) Such public advertisement shall be inserted once a week in such newspapers or other publication, or both, as will ensure adequate publicity, the first insertion to be at least two weeks prior to the opening of bids, the second to follow one week after the first publication. Such advertisement shall include but not be limited to the following items:
{A)(i) A description sufficient to enable the public to identify the property; {B)(ii) The time and place for submission and opening of sealed bids; {Kiii) The right of the department or the county or municipality to reject any one or all of the bids; {B)(iv) All the conditions of sale; and {E)(v) Such further information as the department or the county or municipality may deem advisable as in the public interest. (2) (A) Such sale of property may be made by a county or municipality by listing the property through a real estate broker licensed under Chapter 40 of Title 43 who has a place of business located in the county where the property is located or out side the county if no such business is located in the county where the property is located. Property shall be listed for a period of at least three months. Such property shall not be sold at less than its fair market value. (B) Commencing at the time of the listing of the property as provided in subparagraph (A) of this paragraph, the county or municipality shall provide for a notice to be inserted once a week for two weeks in the legal organ of the county indicating the names of real estate brokers listing the property for the political subdivision. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1) of this subsection. (3) (A) Such sale of property may be made by a county or municipality to the high est bidder at a public auction conducted by an auctioneer licensed under Chapter 6 of Title 43. Such property shall not be sold at less than its fair market value. (B) The county or municipality shall provide for a notice to be inserted once a week for the two weeks immediately preceding the auction in the legal organ of the county including, at a minimum, the following items:

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(i) A description sufficient to enable the public to identify the property; (ii) The time and place of the public auction; (iii) The right of the department or the county or municipality to reject any one or all of the bids; (iv) All the conditions of sale; and (v) Such further information as the department or the county or municipality may deem advisable as in the public interest. The county or municipality may advertise in magazines relating to the sale of real estate or similar publications. (C) The county or municipality shall have the right to reject any and all offers, in its discretion, and to sell such property pursuant to the provisions of paragraph (1} of this subsection."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representatives Johnson of the 84th and Wall of the 82nd move to amend the Committee substitute to SB 161 as follows:
Page 2 after line 22 add:
"All sales shall be approved by the governing authority of the county at a regular meeting and shall be open to the public at which meeting public comments shall be allowed regarding such sale".

The Committee substitute, as amended, was adopted.

Pursuant to Rule 134, Representative Stancil of the 16th was excused from voting on SB 161.

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 108, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SB 49. By Senators Crotts of the 17th, Langford of the 29th, Gochenour of the 27th, Johnson of the 1st, McGuire of the 30th 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.

Representative Ladd of the 59th moved that debate on SB 49 be limited to ten min utes with the exception of the opening speaker being unlimited and twenty minutes to the Committee Chairman.

Representative Randolph of the 72nd moved that SB 49 be placed upon the table. On the motion, the roll call was ordered and the vote was as follows:

WEDNESDAY, MARCH 15, 1995

2195

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

N Crews N Culbreth N Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G NDix N Dixon, H N Dixon, S N Dobbs N Ehrhart YEpps N Evans N Falls N Felton
Floyd N Godbee
Golden N Goodwin
Y Greene N Grindley N Hanner N Harbin N Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson N 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 NKaye N Kinnamon N Klein
NLadd N Lakly N Lane N Lawrence
NLee N Lewis N Lifsey NLord Y Lucas N Maddox N Mann Y Martin N McBee N 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 N Porter Y Poston N Powell N Purcell, A N Purcell, B Y Randall Y Randolph NRay N Reaves Y Reichert
Roberts N Rogers
Royal N Sanders N Sauder N Scoggins N Shanahan
Shaw N Sherrill N Shipp Y Simpson Y Sinkfield
Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P
Smith, T N Smith, V

N Smith, W Smyre
N Snelling N Snow N Stallings
Stancil, F N Stancil, S N Stanley, L Y Stanley, P
Stephenson N Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman N Titus N Towery N Trense Y Turnquest N Twiggs
Walker, L N Walker, R.L N Wall N Watson N Watts N Westmoreland
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 41, nays 122. The motion was lost.

The following amendment was read and withdrawn:

The Committee on State Planning and Community Affairs moves to amend SB 49 by striking in its entirety line 29 of page 1 and inserting in lieu thereof the following:
"language for private conversation or conduct."
By striking in its entirety line 8 of page 2 and inserting in lieu thereof the following:
"the official language in his or her private conversations or conduct. A person who uses or speaks a".

The following substitute, offered by Representatives Mobley of the 86th and Royal of the 164th, was read and adopted:
A BILL
To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, 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 construc tion; to prohibit discrimination; to provide for remedies; to provide for exceptions; to authorize use and printing of official documents in other languages; 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 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, is amended by adding a new article, to be designated Article 4, to read as follows:

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"ARTICLE 4
50-3-100. (a) The English language is designated as the official language of the State of Georgia. The official language shall be the language used for each public record, as defined in Code Section 50-18-70, and each public meeting, as defined in Code Section 50-14-1, and for official Acts of the State of Georgia, including those governmental documents, records, meetings, actions, or policies which are enforceable with the full weight and authority of the State of Georgia. (b) This Code section shall not be construed in any way to infringe on the rights of per sons in their use of any language for private conversation or private conduct. (c) This Code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States or any laws, stat utes, or regulations of the United States or of the State of Georgia as a result of that person's inability to communicate in the official language. (d) It shall be unlawful for any person or entity, including but not limited to any agency, instrumentality, or authority of the state or of a political subdivision of the state, to discriminate against any person as a result of such person's using or speaking a language other than the official language in his or her private conversations or private conduct. A person who uses or speaks a language other than the official language shall have the right to file a civil action for damages and equitable relief, including injunction, for violation of this subsection. (e) State agencies, counties, municipal corporations, and political subdivisions of this state are authorized to use or to print official documents and forms in languages other than the official language, at the discretion of their governing authorities. Documents filed or recorded with a state agency or with the clerk of a county, municipal corpora tion, or political subdivision must be in the official language or, if the original document is in a language other than the official language, an English translation of the document must be simultaneously filed. (f) The provisions of subsection (a) of this Code section shall not apply:
(1) When in conflict with federal law; (2) When the public safety, health, or justice require the use of other languages; (3) To instruction designed to teach the speaking, reading, or writing of foreign lan guages; (4) To instruction designed to aid students with limited English proficiency in their transition and integration into the education system of the state; and (5) To the promotion of international commerce, tourism, sporting events, or cultural events."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to, 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 N Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong Y Bordeaux N Bostick

Y Breedlove Y Brooks, D N Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell N Canty

Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B
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 N Epps Y Evans Y Falls

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

WEDNESDAY, MARCH 15, 1995

2197

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 N Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane

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

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

Y Shipp N 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 Stancil, F
Y Stancil, S Y Stanley, L N Stanley, P
Stephenson
Y Streat N Taylor N Teague

N Teper N Thomas N 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 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 131, nays 36.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 3.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.

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.

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The following Committee substitute was read:

A BILL
To amend Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, so as to eliminate the prohibition against directors being officers or employees of a county or municipal corporation; to require audited finan cial statements under certain conditions; to provide for an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 36-62-5 of the Official Code of Georgia Annotated, relating to directors of development authorities, is amended by striking in its entirety subsection (a) and by inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The directors shall be taxpayers residing in the county or municipal corporation for which the authority is created, and their successors shall be appointed as provided by the resolution provided for in Code Section 36-62-4; Ne director sfeatt be a effieer or employee ef the county er municipal corporation."
SECTION 2. Said Code section is further amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) Each development authority shall provide to its respective county or municipal fis cal officer, as the case may be, an audited financial statement if such audit has been required by the respective county or municipality within six months of the end of the previous fiscal year."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Byrd of the 170th moves to amend the Committee substitute to SB 132 by inserting a new sentence on line 21 of page 1 immediately after the word "corporation." to read as follows:
"The governing authority of a county or municipality may appoint no more than one member of the governing authority as a director."

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 102, nays 5.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

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2199

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.

The following Committee substitute was read and withdrawn:

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 special license plates to pro mote the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund and its beneficiary, the Nongame-Endangered Wildlife Program of the Department of Natural Resources; to provide procedures for acquiring such license plates; to provide for licensing agreements; to provide for subsequent editions; to provide procedures; to provide for dis position of the funds derived from the sale of the special license plates; to provide for spe cial and distinctive license plates for veterans who served in the Eighth Air Force during World War II; to provide for issuance of special Georgia Patriot license plates; to provide for issuance of special license plates commemorating the Sons of the Confederate Veterans; to provide for special and distinctive license plates for members of Pilot International; to provide for standards, design, fees, removals, transfers, cancellations, renewals, applica tions, and refunds relating to such license plates; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by adding a new Code Section 40-2-48 to read as follows:
"40-2-48.
(a) In order to promote and financially benefit the Nongame-Endangered Wildlife Pro gram of the Georgia Department of Natural Resources, there shall be issued beginning January 1, 1997, special license plates promoting the Nongame-Endangered Wildlife Pro gram and its primary funding source, the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund, referred to in this Code section as the wildlife conservation fund. (b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation of native Georgia wildlife. The wildlife conservation fund plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licens ing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the wildlife conservation fund license plate, as well as the design of subsequent editions and except ing only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be nec essary to give notice of and protect such right, including the copyright or copyrights.

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However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or oth erwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 1997, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee to be approved by the Board of Natural Resources of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildlife conservation fund license plate. Revalidation decals shall, upon pay ment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildlife conservation fund license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and shall be expended only for the purposes enu merated in subsection (b) of Code Section 12-3-602. (f) An applicant may request a wildlife conservation fund license plate any time during the applicant's registration period. If a wildlife conservation fund license plate is to replace a current valid license plate, the department shall issue the wildlife conservation fund license plate with appropriate decals attached. When an applicant requests a wild life conservation fund license plate at the beginning of the registration period, the appli cant shall pay the tax together with all applicable fees. (g) If a vehicle owner to whom the department has issued a wildlife conservation fund license plate acquires a replacement vehicle within the owner's registration period, the department shall authorize a transfer of the license plate to the replacement vehicle in accordance with the provisions of Code Section 40-2-42. (h) Wildlife conservation fund license plates shall be issued within 30 days of applica tion."
SECTION 2. Said chapter is further amended by adding a new Code Section 40-2-85.2 to read as fol lows:
"40-2-85.2.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are resi dents of the State of Georgia and who are veterans who served in the Eighth Air Force during World War II, upon application and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an additional fee of $40.00, shall be issued a license plate for a private passenger vehi cle upon which shall be inscribed a distinctive insignia commemorating the valor and distinguished service of the members of the Eight Air Force during World War II. The commissioner may consult with veterans of the Eighth Air Force and The Mighty Eighth Air Force Heritage Center, Inc., in the design of the special license plate authorized by this subsection. (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, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should a veteran of the Eighth Air Force acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section.

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(d) The commissioner shall retain all applications for such special Eighth Air Force license plates until a minimum of 250 applications have been received. If the commis sioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter."
SECTION 3. Said chapter is further amended by adding a new Code Section 40-2-85.3 to read as fol lows:
"40-2-85.3.
(a) The commissioner shall design a special Georgia Patriot license plate. The design of the special license plate authorized by this Code section shall show the flag of the United States crossed with the official flag of the State of Georgia. The designation 'Georgia Patriot' shall be imprinted on such special license plate in lieu of the county name decal. (b) Any resident motor vehicle owner desiring a special Georgia Patriot license plate shall submit to the commissioner a completed application form for such license plate with a $40.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the require ments of this subsection and subject to the restriction in subsection (c) of this Code sec tion, a resident motor vehicle owner shall be issued such special license plate. (c) The commissioner shall retain all applications received for such Georgia Patriot license plate until a minimum of 250 applications has been received. If the commissioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the year of initial issuance of such plate, the commissioner shall not accept any applications for such license plate and all fees shall be refunded to appli cants. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as pro vided in Code Section 40-2-34. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 4. Said chapter is further amended by adding a new Code Section 40-2-85.4 to read as fol lows:
"40-2-85.4.
(a) The commissioner shall design a special license plate to be issued commemorating the Sons of the Confederate Veterans. The design of the special license plate shall include the emblem of the Sons of the Confederate Veterans. The designation 'Sons of the Confederate Veterans' or similar words shall be imprinted on such special license plate in lieu of the county name decal. (b) Any resident motor vehicle owner desiring a special license plate commemorating the Sons of the Confederate Veterans shall submit to the commissioner a completed applica tion form for such license plate with a $40.00 manufacturing fee in addition to the regu lar motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued such special license plate. (c) The commissioner shall retain all applications received for such Sons of the Confed erate Veterans license plate until a minimum of 250 applications has been received. If the commissioner does not receive the required minimum of 250 applications no later than July 31 of the year preceding the year of initial issuance of such plate, the commis sioner shall not accept any applications for such license plate and all fees shall be refunded to applicants.

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(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and shall be remitted to the state as pro vided in Code Section 40-2-34. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-80."
SECTION 5. Said chapter is further amended by adding a new Code Section 40-2-86.1 to read as fol lows:
"40-2-86.1.
(a) Subject to subsection (d) of this Code section, motor vehicle owners who are resi dents of this state and who are members of Pilot International, upon application by proof of such membership and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of an addi tional fee of $40.00, shall be issued a license plate for a private passenger vehicle upon which shall be inscribed a distinctive insignia. The commissioner may consult with mem bers of Pilot International in the design of the special license plate authorized by this subsection. (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, such plate shall be removed and the authority to use the plate shall thereby be cancelled; provided, how ever, that after such a transfer of ownership occurs, should a member of Pilot Interna tional acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. (d) The commissioner shall retain all applications for such special Pilot International license plates until a minimum of 250 applications have been received. If the commis sioner does not receive the required minimum of 250 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 licens ing of motor vehicles as prescribed in Article 2 of this chapter. No member of Pilot International shall be entitled to more than one special and distinctive motor vehicle license plate."
SECTION 6. This Act shall become effective upon the Governor's approval or upon its becoming law without such approval for purposes of acceptance of applications for such special license plates and design of such license plates, but no such license plates shall be issued prior to January 1, 1997.
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representatives Porter of the 143rd, Parham of the 122nd and Powell of the 23rd, 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 for spe cial license plates to promote the Nongame Wildlife Conservation and Wildlife Habitat

WEDNESDAY, MARCH 15, 1995

2203

Acquisition Fund and its beneficiary, the Nongame-Endangered Wildlife Program of the Department of Natural Resources; to provide procedures for acquiring such license plates; to provide for licensing agreements; to provide for the costs of such license plates; to pro vide for the transfer of such license plates; to provide for subsequent editions; to provide procedures; to provide for disposition of the funds derived from the sale of the special license plates; to provide an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by adding at the end thereof a new Code Section 40-2-48 to read as follows:
"40-2-48.
(a) In order to promote and financially benefit the Nongame-Endangered Wildlife Pro gram of the Georgia Department of Natural Resources, there shall be issued beginning January 1, 1997, special license plates promoting the Nongame-Endangered Wildlife Pro gram and its primary funding source, the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund, referred to in this Code section as the wildlife conservation fund. (b) The Department of Natural Resources shall design special distinctive license plates appropriate to promote conservation of native Georgia wildlife. The wildlife conservation fund plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. Such design shall not provide space in which to indicate the name of the county of issuance. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licens ing agreement or otherwise, received such licenses or other permissions as may be required to implement this Code section. The design of the initial edition of the wildlife conservation fund license plate, as well as the design of subsequent editions and except ing only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be nec essary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or oth erwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 1997, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the international registration plan, upon com plying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of not more than $25.00 in addition to the regular motor vehicle registration fee, shall be issued a wildlife conservation fund license plate. Revalidation decals shall, upon payment of fees required by law and collected by the county tag agent and remitted to the state as provided in Code Section 40-2-34, be issued for wildlife conservation fund license plates in the same manner as provided for general issue license plates. (e) The funds derived from the sale of wildlife conservation fund license plates, less a $1.00 processing fee which shall be granted to county tag offices per plate sold, shall be deposited in the Nongame Wildlife Conservation and Wildlife Habitat Acquisition Fund established by Code Section 12-3-602 and shall be expended only for the purposes enu merated in subsection (b) of Code Section 12-3-602. (f) An applicant may request a wildlife conservation fund license plate any time during the applicant's registration period. If a wildlife conservation fund license plate is to replace a current valid license plate, the department shall issue the wildlife conservation

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fund license plate with appropriate decals attached. When an applicant requests a wild life conservation fund license plate at the beginning of the registration period, the appli cant shall pay the tax together with all applicable fees. (g) If a vehicle owner to whom the department has issued a wildlife conservation fund license plate acquires a replacement vehicle within the owner's registration period, the department shall authorize a transfer of the license plate to the replacement vehicle in accordance with the provisions of Code Section 40-2-42. (h) Wildlife conservation fund license plates shall be issued within 30 days of applica tion."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 101, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

SB 400. By Senator Broun of the 46th:
A bill to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions applicable to the "Georgia Lottery for Education Act," so as to change the provisions relating to the fidelity fund for retailers; to authorize the Georgia Lottery Corporation to establish a fidelity fund; to provide for the use of moneys in such fund; to repeal certain provisions relating to the assessment of retailers when the bal ance in the fund falls below a certain amount.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 4.
The Bill, having received the requisite constitutional majority, was passed.

SR 44. By Senators James of the 35th, Scott of the 36th, Ray of the 19th, Perdue of the 18th, Abernathy of the 38th and others:
A resolution commending the late Senator Arthur Langford, Jr., and desig nating the Arthur Langford, Jr., Memorial Parkway.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 119, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

The Speaker Pro Tern assumed the Chair.

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SB 52. By Senators Langford of the 29th, Madden of the 47th, Hill of the 4th, Kemp of the 3rd and Marable of the 52nd:
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.

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 provide for compliance with other rules; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 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, the State Board of Education shall add to the approved list of textbooks for use in the public schools of this state any textbook or series of textbooks requested in writing by:
(1) The superintendents of five or more different school systems; or (2) Twenty or more teachers from at least 20 different school systems who teach and are certified to teach the courses encompassed by the textbook requested, if the requisite number of requests for the specified textbook are received within any 365 day period. A textbook so required to be added to the approved list shall be added within 30 days following the receipt by the state board of the requisite number of requests. No designation shall be included upon the approved list which indicates the manner in which any textbook was added to the list. Other than the selection method, publishers whose textbooks are added to the approved list as provided in this subsection shall be required to comply with the same rules regarding textbooks as other publishers, including but not limited to price, durability, and availability."
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 100, nays 1.

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

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.

The report 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 1.
The Bill, having received the requisite constitutional majority, was passed.

SB 202. By Senators Gillis of the 20th, Hooks of the 14th, Edge of the 28th, Bowen of the 13th and Dean of the 31st:
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.

The following substitute, offered by Representatives Dobbs of the 92nd, Barfoot of the 155th and Hanner of the 159th, was read and adopted:

A BILL
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 change and clarify the maximum duration of permits for the withdrawal, diversion, or impoundment of surface waters and ground waters; to provide for the development of certain water development and conservation plans; to provide factors to be considered in granting such permits; 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 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 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.

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(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 striking subsection (h) of Code Section 12-5-31, relating to regulation of use of surface waters and the management of certain irrigation systems, and inserting in lieu thereof a new subsection (h) to read as follows:
"(h) Except for applications filed pursuant to paragraph (3) of subsection (a) of this Code section, permits may be granted for any period of time not less than ten years, {unless the applicant requests a shorter period of time}2 er nor more than 26 50 years;
in the ease ef a municipality ef other governmental body, where such period is required te provide tot the retirement ef bonds for th construction of water wertes e* waste dis posal facilities. The director may base the duration of such permits on any reasonable system of classification based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan for the applicant or for the region. Such water development and conservation plan for the applicant or for the region shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit and that the plan continues to meet the overall supply requirements for the term of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the divi sion or a person or entity designated by the division may develop such a plan. Such regional plan shall include water development, conservation, and sustainable use and shall be based upon detailed scientific analysis of the water source, the projected future condition of the resource, current demand, and estimated future demands on the resource."
SECTION 3. Said title is further amended by striking in its entirety paragraph (9) of subsection (d) of Code Section 12-5-96, relating to permits for certain water use, and inserting in its place two new paragraphs to read as follows:
"(9) A regional water development conservation and sustainable use plan, where applicable; and (10) Any other relevant factors."
SECTION 4. Said title is further amended by redesignating subsections (e), (f), and (g) of Code Section 12-5-96, relating to permits for certain water use, as subsections (f), (g), and (h), respec tively, and by inserting immediately following subsection (d) of such Code section the fol lowing:
"(e) The division or a party designated by the division may develop a regional water development and conservation plan for the state's major aquifers or any portion thereof. Such plan shall include water development, conservation, and sustainable use and shall be based on detailed scientific analysis of the aquifer, the projected future condition of the aquifer, and current demand and estimated future demands on the aquifer. Such plan shall serve to promote the conservation and reuse of water within the state, guard against a shortage of water within the state and region, and promote the efficient use

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of the water resource and shall be consistent with the general welfare and public interest of the state as provided in Code Section 12-5-91. Upon adoption of a regional plan, all permits issued by the division shall be consistent with such plan. The term of any per mit and all provisions of any permit for which an application for renewal is made prior to the completion of any regional plan shall be extended at least until the completion of such plan. Applications for new permits shall be subject to review by the division and the division may issue such permits as appropriate pending completion of a regional plan."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 12-5-97, relating to regulation of the issuance of permits to use ground waters, which reads as follows:
"(a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, no permit under Code Section 12-5-96 shall be issued for a longer period than the longer of the following:
(1) Ten years; or (2) The period found by the division to be necessary for reasonable amortization of the applicant's water withdrawal and water-using facilities.", and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Except for applications filed pursuant to subsection (a) of Code Section 12-5-105, permits under Code Section 12-5-96 may be granted for any period of time not less than ten years, unless the applicant requests a shorter period of time, nor more than 50 years. The director may base the duration of such permits on any reasonable system of classifi cation based upon but not necessarily limited to such factors as source of supply and type of use. In evaluating any application for a permit for the use of water for a period of 25 years or more, the director shall evaluate the condition of the water supply to assure that the supply is adequate to meet the multiple needs of the citizens of the state as can reasonably be projected for the term of the permit and ensure that the issuance of such permit is based upon a water development and conservation plan for the appli cant or for the region. Such regional plan shall promote the conservation and reuse of water within the state, guard against a shortage of water within the state, promote the efficient use of the water resource, and be consistent with the public welfare of the state. The board shall promulgate regulations for implementation of this subsection, including provisions for review of such permits periodically or upon a substantial reduction in average annual volume of the water resource which adversely affects water supplies to determine that the permittee continues in compliance with the conditions of the permit. In the event the director determines that a regional plan is required in connection with any application for a permit for the use of water for a period of 25 years or more, the division or a person or entity designated by the division shall develop a plan as provided in subsection (e) of Code Section 12-5-96."
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, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 101, nays 3.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 317. By Senator Isakson of the 21st:
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.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 97, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The following substitute, offered by Representatives Jamieson of the 22nd and Royal of the 164th, was read and adopted:

A BILL
To amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs regarding the General Assembly, so as to provide for the comprehensive revision of provisions relating to local government impact fiscal notes; to provide for a short title; to provide for legislative intent; to provide for applicability; to provide for the requesting and filing of fiscal notes with respect to certain bills or resolutions having a fis cal impact on local political subdivisions; to provide for the requesting and filing of fiscal notes with respect to certain regulations, rules, orders, or administrative laws; to provide for the preparation of such notes and procedures in connection therewith; to provide for revisions of such notes; to provide for preservation of copies of notes; to provide for public inspection; to provide for publication; to provide for waivers with respect to the foregoing; to repeal certain exemptions from applicability; to provide for presumptions with respect to compliance; to amend Chapter 34 of Title 36, relating to powers of municipal corpora tions, so as to provide for service and enforcement of any process, summons, notice, or order of a municipal corporation on all persons residing within and without the corporate limits of the issuing municipal corporation; to provide an effective date; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION .5. Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs regarding the General Assembly, is amended by striking Article 3A, relating to local government impact fiscal notes, and inserting in its place a new Article 3A to read as fol lows:
"ARTICLE 3A
28-5-47. This article shall be known and may be cited as the 'State and Local Government faapaet fiseeA Notes Partnership Act of 1995.'
28-5-47.1. It is the intent and purpose of the General Assembly in enacting this article:
(1) To strengthen the partnership between the State of Georgia and local political subdivisions; (2) To assist the General Assembly in its consideration of proposed legislation and new and revised state programs containing fiscal requirements affecting local political subdivisions by:

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(A) Requiring the provision of accurate estimates of the fiscal impact upon local political subdivisions of proposed legislation and new and revised state programs; and (B) Establishing a mechanism to bring such information to the attention of the members of the General Assembly before the House of Representatives or Senate, respectively, votes on proposed legislation; (3) To promote informed and deliberate decisions by the General Assembly on the appropriateness of proposed fiscal impact legislation in any particular instances; (4) To improve the quality of state regulations affecting local political subdivisions and the process by which those regulations are developed by: (A) Providing that state agencies consult with elected and other officials of local political subdivisions; and (B) Requiring that state agencies prepare accurate estimates of the budgetary impact of state regulatory mandates upon local political subdivisions before adopt ing such regulations.
28-5-48.
As used in this article, the term: (1) 'Commissioner' means the commissioner of community affairs. (2) 'Department' means the Department of Community Affairs. fl){3} 'Fiscal note' means a realistic statement of the estimated financial cost of implementing or complying with the proposed law, regulation, rule, order, or adminis trative law upon local political subdivisions to which the proposed law, regulation, rule, order, or administrative law applies. {2)i4j 'Local political subdivision' means a county, municipality, county school dis trict, or independent school district.
28-5-48.1. This article shall not apply to any proposed bill, resolution, regulation, rule, order, or administrative law for which an appropriation, in an amount sufficient to fund the full cost of the proposal, has been made to affected local political subdivisions.
28-5-49.
(a) The department shall conduct any analysis to determine the cost of implementation or compliance for all bills and joint resolutions introduced in the General Assembly which have a fiscal impact on local political subdivisions. Before any vote is taken in a committee of the House of Representatives or Senate or on the floor of either house upon any bill or joint resolution requiring determined by the department to require an expenditure ef at teas* $100,000.00 which in the aggregate exceeds $5 million of public funds by local political subdivisions, a fiscal note shall be attached to such bill or resolu tion and shall be filed by the sponsor of the bill with the chairman chairperson of the committee and the Clerk of the House of Representatives or the Secretary of the Senate and shall be provided to all members of the General Assembly. Any representative of any local political subdivision requesting a copy of the fiscal note shall be furnished with a copy immediately upon request to the Clerk of the House of Representatives or the Secretary of the Senate. This Code section shall not apply to a bill or joint resolution that is necessary for the state to assume the administration of regulatory programs mandated by federal statute. (b) The requirements of this subsection may be waived by the committee to which the bill is assigned in the chamber wherein the bill is introduced. Any such waiver shall be by the affirmative vote of a majority of the members of the committee. Any such waiver by the committee shall allow consideration of the measure by both chambers. (c) The requirements of this subsection may be waived:
(1) By a majority vote of the House of Representatives or by the Speaker of the House with respect to a bill introduced in the House of Representatives; or (2) By majority vote of the Senate, or by the President of the Senate with respect to a bill introduced in the Senate. Any such waiver shall allow consideration of the measure by both the House of Repre sentatives and the Senate.

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28-5-50.
Except as otherwise provided in this Code section, no regulation, rule, order, or adminis trative law which would have a fiscal impact ef- at least $100,000.00 which in the aggre gate exceeds $5 million on local political subdivisions in this state shall be valid unless 30 days prior to its adoption by a board, commission, agency, department, officer, or other authority of the government of this state, except the General Assembly, the courts, and the Governor, such board, commission, agency, department, officer, or other author ity shall file a fiscal note with the state auditor members of the General Assembly. Any local political subdivisions that will be affected by the proposed regulation, rule, policy, order, or administrative law, upon request, shall immediately be furnished with a copy of the fiscal note by the board, commission, agency, department, officer, or other author ity. This Code section shall not apply to an emergency regulation, rule, order, or admin istrative law as described by subsection (b) of Code Section 50-13-4, to any rule or regulation adopted or order issued pursuant to legislation exempted from Code Section 28-5-49, or to any other order issued to abate or prevent violations of specific statutory provisions enacted by the General Assembly.
28-5-51.
A fiscal note shall contain an aggregated estimate of the fiscal impact of a bill, a joint resolution, or an administrative action on local political subdivisions for the fiscal year in which it would become effective, if enacted, and for the next two succeeding fiscal years. If the fiscal impact of the bill, joint resolution, or administrative action is not expected to be totally evident within the applicable period, the estimate shall be pro jected beyond that period to include an estimate for the first fiscal year in which it is expected to be fully effective.
28-5-52.
1 he 91fitc fludit/op &fiiii liflvc trie liscftl note prcpflrcd Dy nis OIIICG tor Cflcn Dill or joint resolution as te which Code Section 28-6-40 requires that a fiscal nete be prepared. The other departments or agencies of the state government shall assist the state auditor department in the preparation of saeh fiscal note fiscal notes required by this article. Where appropriate, he the commissioner shall seek the advice and assistance of local government officials or their representatives. The departments or agencies of state gov ernment assisting in the preparation of the fiscal note shall be clearly indicated on the fiscal note along with the signature of the state auditor commissioner or his the commis sioner's authorized representative indicating that the state auditor commissioner agrees with the fiscal impact estimated thereon.
28-5-53.
(a) A fiscal note that is attached to a bill or joint resolution shall be revised by the state auditor commissioner at each successive stage of the legislative process in which an amendment is adopted that changes the fiscal effect of the bill or joint resolution, unless this requirement is waived by the President of the SenatBj by a majority vote of the Senate, by the Speaker of the House of RepresentativeSj or by a majority vote of the House of Representatives. A revised fiscal note shall not be required for any amendment which either increases local revenues or decreases mandated expenditures. (b) The revised fiscal note shall be processed by the state auditor commissioner and returned as quickly as possible to the committee or the Clerk of the House of Represen tatives or Secretary of the Senate if either the Clerk or the Secretary has the custody of the bill or joint resolution at that time. (c) Except as otherwise provided by subsections (a) and (b) of this Code section, a waiver of a fiscal note shall be replaced at any time with a fiscal note if an amendment to a bill or joint resolution causes the bill or joint resolution to have an effect upon the revenues or expenditures of local political subdivisions.
28-5-54.
(a) A copy of each fiscal note or waiver of a fiscal note shall be retained by the state auditor commissioner and shall be reasonably available for public inspection for at least

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three years following its preparation. The fiscal note or waiver of a fiscal note shall be published in the journal of each house of the General Assembly. (b) A fiscal note, upon being filed as provided in this article, shall be open to inspection by the general public as provided by Code Sections 50-18-70 through 50-18-72.
28-5-55.
/_\ A ft-ir hill nrnnAfling tin nTnp'nHTnpT'ii' tA C^hnntpr M nf THtlp Q^ nitH oil TVhflfrpQ nf tli A
administration of that chapter are exempt from this article.
f\U uj\<Annn\yr KiniIlIl r^tjrrunjrjtLnraaimnog- tntnn anTinyicniniHummrc>iTiiti tvfot Ti iifnloc CQTOB nnnnrul 0n1i1l rjjtiKiansacosa tt?\fr ti/hnec anrulimiiirii>iiinai-trrru^^--io--n--
ef that titie are exempt from this article. Reserved.
28-5-56.
Upon tnc eirectivc dote of flny Act suDject to the procedures out-iineo tft tins ftrticle, there shall be a conclusive presumption that aH ef the procedures required by this arti cle have been met; Nothing in this article shall be construed to require any degree of formality of proof of compliance with any requirement of this article, and any enrolled bill shall be conclusively presumed to have been enacted in compliance with the require ments of this article."
SECTION 1. Chapter 34 of Title 36, relating to powers of municipal corporations, is amended by strik ing Code Section 36-34-2, relating to powers of municipal governing authorities relative to administration of local government, in its entirety and inserting in lieu thereof the follow ing:
"36-34-2. In addition to the other powers which it may have, the governing body of any municipal corporation shall have the following powers, under this chapter, relating to the adminis tration of municipal government:
(1) The power to establish municipal offices, agencies, and employments; (2) The power to define, regulate, and alter the powers, duties, qualifications, compen sation, and tenure of all municipal officers, agents, and employees, provided that the members of the municipal governing body shall not have the right to fix or change their own terms or the terms of their successors, nor to alter their own salaries or compensation, except pursuant to the authority of Code Section 36-35-4, nor to alter such duties or responsibilities as are specifically given to a particular elective official by charter; (3) The power to authorize any of the officers, agents, and employees of the municipal corporation to serve, in any manner prescribed by applicable law, any process, sum mons, notice, or order on all persons, as defined in Code Section 1-3-3 therein named, when:
(A) The paper to be served arises out of or relates to an activity or condition con ducted or maintained by such person within the territorial jurisdiction of the munic ipal corporation in violation of an applicable law or ordinance covering the following! municipal housing, building, electrical, plumbing, heating, ventilating, a-
tcchnical ef environmental eeetes; municipal business, occupation, nd professional
nonces pPOVIOin^ tot tftc protectioti of rdciiities tof the tPCstment of wnoiessie or ret&n uistnDutioi) Or wflter trout tetuipenn of tfieit wnicii flifly ftnse eitrieF ironi ft
(B) The paper to be served originates in or is issued under the authority of the department or branch of municipal government employing such officer, agent, or employee! attd ^O/--HidCn find every ufly tfte coudition ts mftint&med or trie sctivity is eonuucted ts ad a separate municipal offcnsc by applicable law e* ordinance. Where any such paper names one or more persons who reside outside the territorial jurisdiction of the municipal corporation, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such

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paper and make appropriate return of such service by them, as other process is served and returned, on such named persons residing in their respective jurisdictions, upon receipt of a written request to make such service, for the fees allowed for service of process issued by the superior courts of this state; (4) The power to establish merit systems, retirement systems, and insurance plans for all municipal employees and to establish insurance plans for school employees of inde pendent municipal systems and to provide the method or methods of financing such systems and plans; (5) The power to contract with any state department or agency or any other political subdivision for joint services or the exchange of services; to contract with such agen cies or subdivisions for the joint use of facilities or equipment; and to contract with any state agency or political subdivision to perform any service or execute any project for such agency or subdivision in which the municipal corporation has an interest; (6) The power to legislate, regulate, and administer all matters pertaining to absentee voting in municipal elections; and (7) The power to grant franchises to or make contracts with railroads, street railways, or urban transportation companies, electric light or power companies, gas companies, steam-heat companies, telephone and telegraph companies, water companies, and other public utilities for the use and occupancy of the streets of the city, for the pur pose of rendering utility services, upon such conditions and for such time as the gov erning authority of the municipal corporation may deem wise and subject to the Constitution and the general laws of this state."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.
SB 200. By Senators Ragan of the llth, Middleton of the 50th, Guhl of the 45th, Cagle of the 49th and James of the 35th:
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
SB 361. By Senator Madden of the 47th:
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 which are unlawful, so as to provide that the written solicitation for inclusion in the listing of a local telephone classified advertising directory shall be an unfair or deceptive practice and declared unlawful unless the form of such solicitation meets certain requirements and has certain text printed on the form.

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The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 106, nays 2.
The Bill, having received the requisite constitutional majority, was passed.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitute thereto:

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 following Senate amendment was read:

Amend HR 21 on page 1, beginning at line 30 the following:
Be it further resolved that the State Board of Technical and Adult Education is encour aged to recognize the many contributions made by this outstanding individual in support of Technical and Adult Education by designating the academic building of the Elbert County Campus of the Athens Area Technical Institute as the "Charles W. Yeargin Building."
And renumbering accordingly.

Representative Hanner of the 159th moved that the House disagree to the Senate amendment to HR 21.
The motion prevailed.

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 firelighter standards and training, so as to change the pro visions relating to qualifications of firefighters generally.

The following Senate amendment was read:

Amend HB 116 by adding on line 15 of page 1 between the semicolon and the word "to" the following:
"to amend Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to the necessity for commitment where bail is tendered and accepted and the allowance of oppor tunity 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 for search of the Federal Bureau of Investigation records and a report of the results;".
By adding between lines 27 and 28 on page 4 the following:
"SECTION 2.
Code Section 17-6-15 of the Official Code of Georgia Annotated, relating to the necessity for commitment where bail is tendered and accepted and the allowance of opportunity to give bail, is amended by striking subparagraph (b)(l)(D) in its entirety and inserting in lieu thereof a new subparagraph (b)(l)(D) to read as follows:

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'(D) The sheriff shall transmit one set of fingerprints of each Fingerprints d back ground cheeks ef every individual who acts as a professional bondsperson as defined in Code Section 17-6-50 for the professional bonding company seeking approval to the Georgia Crime Information Center for search of the Federal Bureau of Investigation records and a report of the results.'"
By renumbering Section 2 on page 4 as Section 3.

Representative Twiggs of the 8th moved that the House disagree to the Senate amendment to HB 116.
The motion prevailed.

HB 953. By Representatives Towery of the 30th, Klein of the 39th, Shipp of the 38th, Sauder of the 29th, Barnes of the 33rd and others:
A bill to amend an Act changing the compensation of the clerk of the supe rior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, so as to change the compensation of the sheriffs chief deputy, the chief investigator, and the executive assist ant.

The following Senate substitute was read:

A BILL
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary sys tem, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3762), and an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; to provide qualifications for the chief deputy sheriff; 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 changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3762), and an Act approved April 5, 1994 (Ga. L. 1994, p. 4927), is amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections (b), (d), and (d) of Section 5 to read as follows:
"(b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $61,382.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such addi tional deputies as shall be approved from time to time by the governing authority of

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Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for above, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a gradu ate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the chief investi gator shall be $60,020.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this sec tion, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the indi vidual appointed to the position of executive assistant. The salary of the executive assistant shall be $36,421.00 per annum, to be paid in equal monthly installments from the funds of Cobb County."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Towery of the 30th moved that the House agree to the Senate substi tute to HB 953.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

SB 148. By Senators Griffin of the 25th, Scott of the 36th, Johnson of the 2nd, Walker of the 22nd, James of the 35th 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.

The following amendments were read and adopted:

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2217

Representative Poston of the 3rd, et al. move to amend SB 148 by striking in its entirety line 2 of page 1 and inserting in lieu thereof the following:
"relating to elections, so as to change the date for filing a notice of candidacy in a gen eral election for candidates for federal, state, or county offices other than candidates seeking nomination in a nonpartisan primary; to change the date for filing a nomination petition; to change the date for notice".
By striking line 10 of page 1 and inserting in lieu thereof the following:
"to elections, is amended by striking in their entirety subsections (c) and (d) of Code Section 21-2-132, relating to notices of candidacy, nomination petitions, affidavits, quali fying fees, pauper's affidavits, and qualifying petitions for exemption from qualifying fees, and inserting in lieu thereof the following:
'(c) All other candidates shall file their notice of candidacy and pay the prescribed qual ifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for federal or state office, or his such a candidate's agent, desiring to have his or her name placed on the election ballot shall file a notice of his candi dacy, giving his the candidate's name, residence address, and the office h is seeking sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in Jane April in the case of a general elec tion and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election;
(2) Each candidate for a county office, or his such a candidate's agent, desiring to have his or her name placed on the election ballot shall file notice of his candidacy in the office of the superintendent of his the county no earlier than 9:00 A.M. on the fourth Monday in June April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June April in the case of a gen eral election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election.'
(d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June April immediately prior to the election and no later than 12:00 Noon on the second Tuesday in <fly May immediately prior to the election, file with the same official with whom he or she filed his the notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is:
(1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States;
(2) Seeking office in a special election;
(3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomina tion petition as required by this chapter;
(4) A candidate seeking election to the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court in a nonpartisan primary; or
(5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180.'

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SECTION 2. Said title is further amended by striking in their entirety". By renumbering Section 2 as Section 3.

Representative Smith of the 174th moves to amend SB 148 by adding on line 5 of page 1 after the semicolon and before the word "to" the following:
"to provide that a person filing a notice of intention of write-in candidacy for a state office shall be required to certify that such person has been tested for illegal drugs and the results of such tests are negative; to provide for procedures and other matters in connection such certification; to provide that a write-in candidate shall not be eligible for election to a state office unless he or she presents such certificate for filing at the time of filing of the notice of intention of write-in candidacy; to provide for matters rel ative to the foregoing;".
By adding between lines 19 and 20 of page 2 a new Section 2 to read as follows:
"SECTION 2.
Said title is further amended by striking Code Section 21-2-140, relating to mandatory drug testing for candidates, and inserting in lieu thereof a new Code Section 21-2-140 to read as follows:
'21-2-140.
(a) As used in this Code section, the term:
(1) "Candidate" means any person seeking to qualify for nomination or election to a state office in this state.
(2) "Established drug test" means the collection and testing of bodily fluids adminis tered in a manner equivalent to that required by the Mandatory Guidelines for Fed eral Workplace Drug Testing Programs (HHS Regulations, 53, Fed. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the commis sioner of human resources.
(3) "Illegal drug" means marijuana or any of the following controlled substances included in Schedule I or II of Code Section 16-13-25 or 16-13-26: cocaine; opiates; amphetamines; or phencyclidines, except when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law.
(4) "State office" includes the office of any of the following: the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Com missioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and members of the Public Ser vice Commission.
(5) "Write-in candidate" means any person filing a notice of intention of write-in can didacy pursuant to Code Section 21-2-133.
(b) Each candidate or write-in candidate seeking to qualify for nomination or election to a state office shall as a condition of such qualification or election be required to cer tify that such candidate or write-in candidate has tested negative for illegal drugs.
(c) At the time a candidate for state office qualifies for nomination or election, each such candidate shall file a certificate with the officer with whom such candidate qualifies stating that such candidate has been tested for illegal drugs as required under this Code section within 30 days prior to qualifying for nomination or election to state office and that the results of such test are negative. Each write-in candidate shall file at the same

WEDNESDAY, MARCH 15, 1995

2219

time the notice of intention of write-in candidacy is filed a certificate with the Secretary of State stating that such write-in candidate has been tested within the preceding 30 days for illegal drugs as required by this Code section and that the results of such test are negative. Such certificate shall be in a form approved by the Secretary of State from a laboratory listed by the commissioner of human resources under subsection (e) of this Code section. Such tests shall be conducted at the expense of the candidates or write-in candidates; provided, however, that upon submission of a valid pauper's affidavit and a valid receipt, a candidate or write-in candidate shall be reimbursed by the Secretary of State for the cost of such test in an amount not to exceed $50.00. No candidate shall be allowed to qualify for nomination or election to a state office unless he or she presents such certificate for filing at the time of such qualification. No write-in candi date shall be eligible for election to a state office unless he or she presents such certifi cate for filing at the time of filing the notice of intention of write-in candidacy.
(d) The certificates required under subsection (c) of this Code section shall be filed with the Secretary of State and shall be available for public inspection. If a candidate quali fies with a political party for nomination or election to a state office, such party shall submit all such certifications to the Secretary of State at such time as such candidates are certified by the party to the Secretary of State. Such certificates shall be maintained by the Secretary of State for a period of three years.
(e) The commissioner of human resources shall be authorized to establish guidelines governing the administration of drug tests performed pursuant to this Code section and shall maintain a list of those laboratories qualified to conduct established drug tests.
(f) The commissioner of human resources and the Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section.'"
By redesignating Section 2 as Section 3 on line 20 of page 5.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 100, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted.

SB 116. By Senators Hooks of the 14th, Taylor of the 12th, Bowen of the 13th, Marable of the 52nd and Kemp of the 3rd:
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.

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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 Y Bailey Y 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
Brown, G Y Brown, J Y Brush Y Buck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell
Childers Y Coker
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
Dix 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 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
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
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
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 YSnow Y Stallings 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
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 157, nays 0. The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

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

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.

The following Senate substitute was read:

A BILL
To amend Chapter 4 of Title 28 of the Official Code of Georgia Annotated, relating to leg islative services in the General Assembly, so as to change provisions relating to the mem bership and officers of the Legislative Services Committee; to provide for certain additional members of the committee; to specify the officers of the committee; to change

WEDNESDAY, MARCH 15, 1995

2221

provisions relating to a quorum of the committee; to provide for related matters; to pro vide 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 28 of the Official Code of Georgia Annotated, relating to legislative ser vices in the General Assembly, is amended by striking Code Section 28-4-1, relating to the Legislative Services Committee, and inserting in its place a new Code section to read as follows:
"28-4-1.
(a) There is created the Legislative Services Committee, hereinafter called the commit tee, to be composed of the Speaker of the House of Representatives, the President of the Senate, the chairman chairperson of the Appropriations Committee of the Senate, the chairman chairperson of the Appropriations Committee of the House of Representa tives, the chairman chairperson of the Judiciary Committee of the Senate, the chairman chairperson of the Judiciary Committee of the House of Representatives, the chairman chairperson of the Banking and Financial Institutions Committee of the Senate, the chairman chairperson of the Ways and Means Committee of the House of Representa tives, the President Pro Tempore of the Senate, the Speaker Pro Tempore of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, the Secretary of the Senate, and the Clerk of the House of Represen tatives. The Speaker of the House of Representatives shall be chairman of the committee; and the Secretary ef th Senate shH fee secretary ef the committee chairperson of the committee and the Clerk of the House of Representatives shall be secretary of the committee during each odd-numbered year. The President of the Senate shall be chair person of the committee and the Secretary of the Senate shall be secretary of the com mittee during each even-numbered year. (b) The members of the committee shall receive no additional allowances for service on the committee while the General Assembly is in session; but, for each day spent in the performance of their duties under this chapter between sessions, the members shall receive the allowances authorized by law for legislative members of interim legislative committees. (c) The committee shall meet at least once during each calendar quarter. Additional meetings may be held upon the call of the chairman chairperson or upon the call of a majority of the members of the committee. Eight Nine members of the committee shall constitute a quorum and the affirmative vote of a majority of those members present at a meeting of the committee, provided such members present constitute a quorum, shall be necessary to transact business of the committee. The chairman chairperson shall be entitled to vote on all matters requiring a vote of the committee."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Walker of the 141st moved that the House disagree to the Senate sub stitute to HB 60.
The motion prevailed.
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.

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The following Senate substitute was read:

A BILL
To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary sys tem, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4209), and an Act approved April 13, 1994 (Ga. L. 1994, p. 5080), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4209), and an Act approved April 13, 1994 (Ga. L. 1994, p. 5080), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:
"(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $53,752.40, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County."
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Coker of the 31st moved that the House agree to the Senate substitute to HB 922.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1018.

By Representatives Parham of the 122nd and Lord of the 121st:
A bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.

WEDNESDAY, MARCH 15, 1995

2223

The following Senate substitute was read:

A BILL
To provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational pur poses in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
SECTION 1. For purposes of this part, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Baldwin County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valo rem taxes for educational purposes. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 2. Each resident of Baldwin County is granted an exemption on that person's homestead from all Baldwin County ad valorem taxes for county purposes the following amounts:
(1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead; (3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 3. The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemp tion.
SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 5. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.

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JOURNAL OF THE HOUSE,

SECTION 6. The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Baldwin County ad valorem taxes for county purposes.

SECTION 7. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.

SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and pur pose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall Part 1 of an Act be approved which provides for a homestead exemption of Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?"

All persons desiring to vote for approval of this part shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1996. If Sections 1 through 7 of this part are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

Part 2

SECTION 9. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for edu cational purposes levied by, for, or on behalf of the Baldwin County school district including, but not limited to, taxes to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.

SECTION 10. Each resident of the Baldwin County school district is granted an exemption on that person's homestead from all Baldwin County school district ad valorem taxes for educa tional purposes in the following amounts:
(1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead; (3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and

WEDNESDAY, MARCH 15, 1995

2225

(4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.

SECTION 11. The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemp
tion.

SECTION 12. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

SECTION 13. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.

SECTION 14. The exemptions granted by this pairt shall be in lieu of and not in addition to any other homestead exemnption from Baldwin County school district ad valorem taxes for educa tional purposes.

SECTION 15. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.

SECTION 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Baldwin County school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1997, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immedi ately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:

"( ) YES ( ) NO

Shall Part 2 of an Act be approved which provides for a homestead exemption of Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of cer tain homesteads which are leased to certain residents of that county after a phase in period?"

All persons desiring to vote for approval of this part shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Sections 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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PaitS
SECTION 17. Except as otherwise provided in Parts 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HB 1018.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

HB 1019. By Representatives Parham of the 122nd and Channell of the lllth:
A bill to provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valo rem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period.

The following Senate substitute was read:

A BILL
To provide for homestead exemptions from Putnam County ad valorem taxes for county purposes and from Putnam County school district ad valorem taxes for educational pur poses in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
SECTION 1. For purposes of this part, the term:
(1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county purposes levied by, for, or on behalf of Putnam County including, but not limited to, taxes to retire bonded indebtedness but not including county school district ad valo rem taxes for educational purposes. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 2. Each resident of Putnam County is granted an exemption on that person's homestead from all Putnam County ad valorem taxes for county purposes the following amounts:
(1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead;

WEDNESDAY, MARCH 15, 1995

2227

(3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.

SECTION 3. The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemp tion.

SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Putnam County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.

SECTION 5. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes.

SECTION 6. The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Putnam County ad valorem taxes for county purposes.

SECTION 7. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.

SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Putnam County for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and pur pose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words:

YES ( ) NO

Shall Part 1 of an Act be approved which provides for a homestead exemption of Putnam County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?"

All persons desiring to vote for approval of this part shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 1 through 7 of this part are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Putnam County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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Part 2
SECTION 9. For purposes of this Act, the term:
(1) "Ad valorem taxes for educational purposes" means all ad valorem taxes for edu cational purposes levied by, for, or on behalf of the Putnam County school district including, but not limited to, taxes to retire school bond indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property.
SECTION 10. Each resident of the Putnam County school district is granted an exemption on that person's homestead from all Putnam County school district ad valorem taxes for educa tional purposes in the following amounts:
(1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead; (3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation.
SECTION 11. The tax commissioner of Putnam County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemp tion.
SECTION 12. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Putnam County or the designee thereof in the event that person for any reason becomes ineligible for that exemption.
SECTION 13. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes.
SECTION 14. The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Putnam County school district ad valorem taxes for educa tional purposes.
SECTION 15. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1997.
SECTION 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Putnam County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Putnam County

WEDNESDAY, MARCH 15, 1995

2229

school district for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1996, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immedi ately preceding the date thereof in the official organ of Putnam County. The ballot shall have written or printed thereon the words:

YES ( ) NO

Shall Part 2 of an Act be approved which provides for a homestead exemption of Putnam County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of cer tain homesteads which are leased to certain residents of that county after a phase in period?"

All persons desiring to vote for approval of this part shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1997. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Sections 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Putnam County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

Parts

SECTION 17. Except as otherwise provided in Parts 1 and 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Representative Parham of the 122nd moved that the House agree to the Senate sub stitute to HB 1019.
On the motion, the ayes were 110, nays 0.
The motion prevailed.

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

SB 31. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Clay of the 37th and Stokes of the 43rd:
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.

The following amendments were read and adopted:

Representatives McKinney of the 51st and Walker of the 141st move to amend SB 31 by adding a new Section 2 to read as follows:
"SECTION 2. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by striking Code Section 20-2-695, relating to

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employment by local boards of education of attendance officers, and inserting in lieu thereof a new Code Section 20-2-695 to read as follows:"
'20-2-695.
(a) A local board of education may employ a person as an attendance officer or attend ance officers in fett ef- addition to a visiting teacher or visiting teachers only if that son nflO Dccn &mploy6u fts fln flttcno.ftnco oinccr oy sucti locsi DoftPd prior to July 1000. Such an attendance officer must be paid wholly from local funds of the local board unless state funds are specifically appropriated for purposes of employment of attend ance officers, in which case state funds may be used to the extent so appropriated. Attendance officers shall not be required to qualify under rules and regulations promul gated by the Professional Standards Commission for the certification of visiting teachers. (b) The authority and duties of any attendance officer so appointed by a local board of education shall include:
(1) The duty to cooperate with state agencies, make monthly reports to that officer's school superintendent, and comply with state and local rules, as provided in Code Sec tion 20-2-696; (2) The authority to receive cooperation and attendance reports from that officer's school system, as provided for in Code Section 20-2-697; (3) When specifically authorized by the appointing local board of education, the authority to assume temporary custody of children absent from school in the same manner as authorized for peace officers under Code Sections 20-2-698 through 20-2-700; and any attendance officer so authorized by the appointing local board of education shall when engaged in such function have the same duties, authority, rights, privileges, and immunities as applicable to a peace officer engaged in such function, provided that the same shall not extend to the carrying of a weapon unless the attend ance officer holds a valid certification as a peace officer from the Georgia Peace Offi cer Standards and Training Council; (4) The duty to report children absent from school to the juvenile court or other court having jurisdiction, as provided for in Code Section 20-2-701; and (5) Such other authority and duties as may be provided by law or as may be provided by the appointing local board of education in conformity with law.'"
Add a new Section 3 to read as follows:
"SECTION 3. All laws and parts of laws in conflict with this Act are repealed."
Delete Section 2 of original Bill.

Representatives Twiggs of the 8th and Godbee of the 145th move to amend SB 31 by striking all matter on lines 1 through 3 of page 1 and inserting in lieu thereof the follow ing:
"To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for state grants for certain edu cational programs conducted after regular school hours for at-risk youth; to define cer tain".
By renumbering Sections 1 and 2 as Sections 2 and 3, respectively, and inserting a new Section 1 to read as follows:
"SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding immediately after Code Section 20-2-255 a new Code Section 20-2-256 to read as follows:
'20-2-256.
(a) As used in this Code section, the term:

WEDNESDAY, MARCH 15, 1995

2231

(1) "After-school program" means any academic program conducted after regular school hours to serve only students who have previously dropped out of school or who have previously failed courses.
(2) "Course" means an instructional course for which a program count is permissible under Code Section 20-2-160.
(3) "FTE" or "full-time equivalency" means the program cost obtained under the method described in Code Section 20-2-160.
(4) "Student" means a person who is otherwise eligible to be included in a program count under Code Section 20-2-160.
(b) Two or more local school systems which jointly establish any after-school program for at-risk students shall be eligible to receive a state grant equal to the amount other wise earned by such students if they were enrolled in equivalent courses in the high school program during the school day and counted as FTE students. The State Board of Education is directed to prescribe a method of determining full-time equivalency of such programs in keeping with Code Section 20-2-160 and shall calculate the funds needed for such programs as part of its annual budget request.'"
By striking all matter on lines 15 through 18 of page 1 and inserting in lieu thereof the following:
"Said chapter is further amended by adding at the end of Part 2 of Article 16 a new Subpart 3 to read as follows:".

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 Ashc 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
Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell YChilders 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
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 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 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

Parham Y Parrish Y Parsons N Pelote Y Perry
Y Pinholster Y Polak Y Porter
Poston 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 Y Smith, T Y Smith, V

Y Smith, W Y 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 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 Westmorland 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 passage of the Bill, as amended, the ayes were 162, nays 2.
The Bill, having received the requisite constitutional majority, was passed, as amended.

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

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

HB 524. By Representatives Golden of the 177th, Royal of the 164th, Jamieson of the 22nd 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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

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.

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.

HB 520. By Representatives White of the 161st, Lord of the 121st, Bargeron of the 120th and others:
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 Senate insists on its substitute to the following bills of the House:

HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
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.

WEDNESDAY, MARCH 15, 1995

2233

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.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Land of the 16th, Oliver of the 42nd and Stokes of the 43rd.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Farrow of the 54th, Egan of the 40th and Edge of the 28th.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

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.

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The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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".

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.

HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th 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.

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

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.

The following Senate substitute was read:

A BILL
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain provisions relating to the calculation and payment of income taxes by persons or corporations; to increase the amount of certain exemptions; to increase the amount of certain standard deductions; to change the method of allocation and apportionment of corporate net income of certain corporations for state and local income tax purposes; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 15, 1995

2235

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking subsection (b) of Code Section 48-7-26, relating to personal exemp tions with respect to income taxes, and inserting in its place a new subsection (b) to read as follows:
"(b)(l) An exemption of $3,000.00 $5,000.00 shall be allowed as a deduction in com puting Georgia taxable income of a taxpayer and spouse, but only if a joint return is filed. (2) An exemption of $1,600.00 $2,500.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return.
(3) (A) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, an exemption of $2,000.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer. (B) For taxable years beginning on or after January 1, 1995, an exemption of $2,500.00 for each dependent of a taxpayer shall be allowed as a deduction in com puting Georgia taxable income of the taxpayer."
SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Sec tion 48-7-27, relating to the computation of taxable net income, and inserting in its place a new paragraph (1) to read as follows:
"(a)(l) Either the sum of all itemized nonbusiness deductions used in computing fed eral taxable income if the taxpayer used itemized nonbusiness deductions in comput ing federal taxable income or, if the taxpayer could not or did not itemize nonbusiness deductions, then a standard deduction as provided for in the following subparagraphs:
(A) In the case of a single taxpayer or a head ef- household, $2,800.00 $3,100.00; (B) In the case of a head of household, $5,400.00; {B)(C) In the case of a married taxpayer filing a separate return, $1,600.00 $3,100.00; {}(TJ} In the case of a married couple filing a joint return, $3,000.00 $6,200.00; {B>(E) An additional deduction of $700.00 $1,250.00 for the taxpayer if he such tax payer has attained the age of 65 before the close of his such taxpayer's taxable year. An additional deduction of $700.00 $1,250.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his such taxpayer's spouse and the spouse has attained the age of 65 before the close of the taxable year; and {EMF) An additional deduction of $700.00 $1,250.00 for the taxpayer if he such tax payer is blind at the close of the taxable year. An additional deduction of $700.00 $1,250.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and his such taxpayer's spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death;".
SECTION 3. Said chapter is further amended by striking paragraph (2) of subsection (d) of Code Sec tion 48-7-31, relating to the allocation and apportionment of corporate net income for state income tax purposes, and inserting in its place a new paragraph (2) to read as follows:
"(2) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, 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 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

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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 if: (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; (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. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state or products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers out side this state shall be excluded; (D)Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be separately determined and the thfee percentages averaged an apportionment fraction shall be calculated using the following 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 average fraction;".
SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 48-7-141, relat ing to the imposition of local income taxes, and inserting in its place a new subsection (a) to read as follows:
"(a) Subject to the requirement of a referendum election as provided in this article, the governing authority of each county or municipality of this state, by ordinance or resolu tion enacted pursuant to the procedure set forth in this article, may adopt a local income tax at the rate of 1 percent upon the entire Georgia taxable net income as defined in Code Section 48-7-27 of every resident individual of the county or municipal ity and of every corporation and fiduciary with respect to that portion of its Georgia taxable net income which is reasonably attributable to property owned and business

WEDNESDAY, MARCH 15, 1995

2237

done by it within the county or municipality, to be determined fey application ef the three feetef ratio in the same manner as otherwise provided in Code Section 48-7-31 for state income tax purposes."
SECTION 5. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(b)(l) Section 1 of this Act shall become effective on January 1, 1997, and shall be applicable to all taxable years beginning on or after January 1, 1997. (2) Section 2 of this Act shall become effective on January 1, 1998, and shall be appli cable to all taxable years beginning on or after January 1, 1998. (3) Sections 3 and 4 of this Act shall become effective on January 1, 1996, and shall be applicable to all taxable years beginning on or after January 1, 1996.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Murphy of the 18th, et al. move to amend the Senate substitute to HB 38 by striking line 1 of page 1 through line 34 of page 5 and inserting in its place the follow ing:
"To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemption of income taxes, so as to pro vide for a tax credit for certain taxpayers and other persons with respect to ad valorem property taxes for educational purposes; to provide for a short title; to provide for defini tions; to provide for procedures and limitations; to provide for powers, duties, and author ity 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, computation, and exemption of income taxes, 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) This Code section shall be known and may be cited as the "School Property Tax Credit Act of 1995."
(b) As used in this Code section, the term "ad valorem taxes for educational purposes" means all ad valorem taxes for educational purposes levied by, for, or on behalf of a school district except taxes to pay interest on and to retire school bond indebtedness.
(c)(l) Except as otherwise provided in paragraph (2) of this subsection, any person as defined in paragraph (18) of Code Section 48-1-2 who is a taxpayer who files an income tax return shall be allowed a credit against the tax imposed under Code Sec tion 48-7-20 or 48-7-21 in an amount not to exceed an amount equal to 10 percent of the amount of ad valorem taxes for educational purposes paid by that person or that person's spouse or dependent on property owned by that person or that person's

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spouse or dependent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(2) An individual as defined in paragraph (12) of Code Section 48-1-2 who is a tax payer who is 70 years of age or older who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-7-20 in an amount not to exceed an amount equal to 20 percent of the amount of ad valorem taxes for educa tional purposes paid by that individual or that individual's spouse or dependent on property owned by that individual or that individual's spouse or dependent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(3) Any person who is a taxpayer shall only be authorized to claim on a tax return for a tax year the credit provided for either in paragraph (1) or paragraph (2) of this subsection but in no event both such credits.
(d)(l) Except as otherwise provided in paragraph (2) of this subsection, a person as defined in paragraph (18) of Code Section 48-1-2 who has no income or no income taxable under Code Section 48-7-20 or 48-7-21 may claim a tax credit under this Code section in an amount not to exceed an amount equal to 10 percent of the amount of ad valorem taxes for educational purposes paid by that person or that person's spouse or dependent on property owned by that person or that person's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(2) An individual as defined in paragraph (12) of Code Section 48-1-2 who is 70 years of age or older who has no income or no income taxable under Code Section 48-7-20 may claim a tax credit under this Code section in an amount not to exceed an amount equal to 20 percent of the amount of ad valorem taxes for educational purposes paid by that individual or that individual's spouse or dependent on property owned by that individual or that individual's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $3,000.00.
(3) An individual shall only be authorized to claim on a tax return for a tax year the credit provided for either in paragraph (1) or paragraph (2) of this subsection but in no event both such credits.
(e)(l) With respect to any single tract of property in which one or more corporations have an ownership interest, only one corporation may claim the credit under this Code section.
(2) Any property tax payment in any year with respect to which a credit is granted under any provision of this Code section shall not qualify for an additional credit for the same year for the same person or any other person under any provision of this Code section.
(f) The tax credit claimed by a taxpayer pursuant to this Code section shall be deduct ible from the taxpayer's income tax liability, if any, for the tax year in which it is prop erly claimed. In the event the tax credit claimed by a taxpayer exceeds the amount of income tax payment due from the taxpayer, the excess of the credit over payments due shall be refunded to the taxpayer, provided that a tax credit properly claimed by a per son who has no income tax liability shall be paid to the person; and provided, further, that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00. No such tax credit shall be allowed the tax payer against prior or future years' tax liability.
(g) All claims for a tax credit under this Code section, including any amended claims, must be filed on or before the end of the twelfth month following the close of the tax able year for which the credit may be claimed. Failure to comply with this subsection shall constitute a waiver of the right to claim the credit.

WEDNESDAY, MARCH 15, 1995

2239

(h) The tax credit provided for in this Code section shall be in addition to and not in lieu of any other tax credit authorized under this title.
(1)(l) The commissioner shall provide that any return or other form used for purposes of claiming the credit under this Code section shall indicate prominently in boldface type in the designated location for claiming the credit the following: "SCHOOL PROPERTY TAX CREDIT."
(2) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section.'
SECTION 2. This Act shall become effective on January 1, 1996, and shall be applicable to all income tax years beginning on or after that date with respect to school property taxes paid on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed."

Representative Royal of the 164th moved that the House agree to the Senate substi tute, as amended by the House, to HB 38.
On the motion, 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
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 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 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 motion, the roll call was ordered and the vote was as follows:

Y Smith, W Y Smyre Y Snelling YSnow Y Stallings
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 motion, the ayes were 176, nays 0. The motion prevailed.
Representative Brown of the 117th 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,

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 Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 557 by striking "department" and inserting "deportment State Board of Nurs ing Home Administrators" on line 6 of page 2.

SENATE AMENDMENT NO. 2
Amend HB 557 by adding immediately following "liability;" on line 8 of page 1 the follow ing:
"to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of nursing home administrators, so as to change the name and compo sition of the regulatory board for such administrators and provide for vacancies thereon;".
By striking "department" and inserting "department State Board of Nursing Home Over sight and Licensure" on line 6 of page 2.
By striking "14" and inserting "seven" on line 8 of page 2.
By striking "seven" and inserting "three" on line 8 of page 2.
By adding between lines 5 and 6 of page 5 the following:
"SECTION 3.1.
Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, is amended by striking paragraph (1) of Code Section 43-27-1, relating to definitions, and inserting in its place the following:
'(1) "Board" means the State Board of Nursing Home Administrators Oversight and Licensure.'
SECTION 3.2.
Said chapter is further amended by striking Code Section 43-27-2, relating to creation of the State Board of Nursing Home Administrators, and inserting in its place the following:
'43-27-2.
(a) There is created the State Board of Nursing Home Administrators Oversight and Licensure, which shall consist of 43 17 members, none of whom may be employees of the United States government or of this state, and the commissioner of human resources or his or her designee, who shall serve as ex officio member of the board, and the com missioner of medical assistance or his or her designee, who shall serve as ex officio mem ber of the board. 5%e Thirteen members of the board shall be appointed by the Governor and confirmed by the Senate, as follows:
(1) One member who is a licensed medical doctor in this state and who is not a nurs ing home administrator or pecuniarily interested in any nursing home;

WEDNESDAY, MARCH 15, 1995

2241

(2) One member who is a registered nurse in this state and who is not a nursing home administrator or pecuniarily interested in any nursing home;
(3) One member who is an educator with a graduate degree and specializing in the field of gerontology and who is not a nursing home administrator or pecuniarily inter ested in any nursing home;
(4) Three members of the public at large who are not nursing home administrators or pecuniarily interested in any nursing home or have any connection with the nursing home industry whatsoever. Two of these three public-at-large positions shall be appointed from a list of three persons for each of these two positions submitted by the Board of Human Resources. The Governor is vested with complete discretion in appointing the third member for one of these three public-at-large positions;
(5) One member who is a hospital administrator in this state, who is the holder of a master's degree in hospital administration, and who is not a nursing home adminis trator or pecuniarily interested in any nursing home; and
(6) Six members, at least one of whom shall represent nonproprietary nursing homes, who are licensed nursing home administrators in this state.
Two members of the board shall be appointed by the Lieutenant Governor, one of whom shall be a nursing home administrator and the other of whom shall not be a nursing home administrator or pecuniarily interested in any nursing home. Two members of the board shall be appointed by the Speaker of the House of Representatives, one of whom shall be a nursing home administrator and one of whom shall not be a nursing home administrator or pecuniarily interested in any nursing home.
(b) The term for all members shall be three years from the date of appointment. A member may be removed as provided in Code Section 43-1-17. All vacancies shall be filled by th Governor in the same manner as the original appointment for the unexptiiorned.'"terms in accordance with the requirements for appointment to the vacant posi

Representative Lucas of the 124th moved that the House disagree to the Senate amendments to HB 557.
The motion prevailed.
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 Senate amendment was read:
Amend HB 498 by striking in its entirety line 1 of page 1
and inserting in lieu thereof the following:
"To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, 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 amend Article 1 of Chapter 11 of Title 15 of the Official".

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JOURNAL OF THE HOUSE,

By striking in its entirety line 10 of page 1 and inserting in lieu thereof the following:
"alleged to be unruly; 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 visita tion is an issue if the court has made a finding of family violence; to provide for considera tion of the perpetrator's history of causing physical harm, bodily harm, assault, or causing reasonable fear of physical harm, bodily injury, or assault; to provide that absence of a parent for a reasonable time because of family violence shall not be deemed abandonment; to provide when visitation by a parent who has committed acts of family violence may be awarded; to provide for conditions relating to safety in visitation orders; to provide for confidentiality of the address of the child and the victim of family violence; to prohibit ordering joint counseling as a condition of custody or visitation; to provide for conditions if a family or household member supervises visitation; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for".
By inserting following line 12 of page 1 the following:
"SECTION 1.
Code Section 15-6-77, relating to fees of superior court clerks, is amended by striking sub section (e) and inserting in its place a new subsection to read as follows:
'(e) Costs in civil cases:
(1) As used in this subsection, the term 'civil cases' shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, con demnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section.
(2) Except as provided in paragraph {3} paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ...................................................,..................................................$ 1.00
All bonds over 500, each................................................................................................ .50
(B) Recording on final record, per page..................................................................... 1.50
(4) The total sum for all services rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 shall be $20.00. Such sum shall be inclusive of any additional sums which may be provided for by other laws except costs for service of process; and any remittances required to be made by the clerk of superior court in such cases shall be made from such $20.00. No additional sums, other than costs for service of process, shall be charged or collected in a family violence case. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1. 15-6-77.2. and 15-6-77.3.

WEDNESDAY, MARCH 15, 1995

2243

Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.'"
By renumbering Sections 1, 2, and 3 as Sections 2, 3, and 4, respectively.
By inserting after line 2 of page 4 the following:
"SECTION 5.
Article 1 of Chapter 9 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relative to child custody proceedings, is amended by striking subsection (a) of Code Section 19-9-1, relating to cases in which a divorce is granted, an application for divorce is pending, or a change in custody of a minor child is sought, and inserting in lieu thereof a new subsection to read as follows:
'(a){l) In all cases in which a divorce is granted, the party not in default shall be enti tled to the custody of the minor children of the marriage. However, in all cases in which a divorce is granted, an application for divorce is pending, or a change in cus tody of a minor child is sought, the court, in the exercise of a sound discretion, may look into all the circumstances of the parties, including improvement of the health of a party seeking a change in custody provisions, and, after hearing both parties, may make a different disposition of the children, placing them, if necessary, in possession of guardians appointed by the judge of the probate court.
(2) In addition to other factors that a court must consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:
(A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;
(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and
(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the cir cumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination.
(3) In all seh cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling, unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. The court may issue an order granting temporary custody to the selected parent for a trial period not to exceed six months regarding the custody of a child who has reached the age of 14 years where the judge hearing the case determines such a temporary order is appropriate. Nothing in this Cede section shall be interpreted te deny the noncustodial paten* the right te reasonable visitation determined by the eert as in ethet cases.'
SECTION 6.
Said article is further amended by striking subsection (a) of Code Section 19-9-3, relating to cases in which the custody of a minor child or children is at issue between the parents, and inserting in lieu thereof a new subsection to read as follows:

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JOURNAL OF THE HOUSE,

'(a)il) In all cases in which the custody of any minor child or children is at issue between the parents, there shall be no prima-facie right to the custody of the child or children in the father or mother.
(2) The court hearing the issue of custody, in exercise of its sound discretion, may take into consideration all the circumstances of the case, including the improvement of the health of the party seeking a change in custody provisions, in determining to whom custody of the child or children should be awarded. The duty of the court in all such cases shall be to exercise its discretion to look to and determine solely what is for the best interest of the child or children and what will best promote their wel fare and happiness and to make its award accordingly.
(3) In addition to other factors that a court must consider in a proceeding in which the custody of a child or visitation by a parent is at issue and in which the court has made a finding of family violence:
(A) The court shall consider as primary the safety and well-being of the child and of the parent who is the victim of family violence;
(B) The court shall consider the perpetrator's history of causing physical harm, bodily injury, assault, or causing reasonable fear of physical harm, bodily injury, or assault to another person; and
(C) If a parent is absent or relocates because of an act of domestic violence by the other parent, such absence or relocation for a reasonable period of time in the cir cumstances shall not be deemed an abandonment of the child or children for the purposes of custody determination.
(4) In all custody cases in which the child has reached the age of 14 years, the child shall have the right to select the parent with whom he or she desires to live. The child's selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of the child. Nothing in this Code section shall be interpreted te deny the noncustodial parent the right te reasonable visitation determined by the eeart as in ether cases.
(5) Joint custody, as defined by Code Section 19-9-6, may be considered as an alterna tive form of custody by the court. This provision allows a court at any temporary or permanent hearing to grant sole custody, joint custody, joint legal custody, or joint physical custody where appropriate.
(6) The court is authorized to order a psychological custody evaluation of the family or an independent medical evaluation.'
SECTION 7.
Said article is further amended by inserting a new Code section to be designated Code Section 19-9-7 to read as follows:
'19-9-7.
(a) A court may award visitation by a parent who committed one or more acts involving family violence only if the court finds that adequate provision for the safety of the child and the parent who is a victim of family violence can be made. In a visitation order, a court may:
(1) Order an exchange of a child to occur in a protected setting;
(2) Order visitation supervised by another person or agency;
(3) Order the perpetrator of family violence to attend and complete, to the satisfac tion of the court, a program of intervention for perpetrators or other designated coun seling as a condition of the visitation;

WEDNESDAY, MARCH 15, 1995

2245

(4) Order the perpetrator of family violence to abstain from possession or consump tion of alcohol, marijuana, or any Schedule I controlled substance listed in Code Sec tion 16-13-25 during the visitation and for 24 hours preceding the visitation;
(5) Order the perpetrator of family violence to pay a fee to defray the costs of super vised visitation;
(6) Prohibit overnight visitation;
(7) Require a bond from the perpetrator of family violence for the return and safety of the child; and
(8) Impose any other condition that is deemed necessary to provide for the safety of the child, the victim of family violence, or another family or household member.
(b) Whether or not visitation is allowed, the court may order the address of the child and the victim of family violence to be kept confidential.
(c) The court shall not order an adult who is a victim of family violence to attend joint counseling with the perpetrator of family violence as a condition of receiving custody of a child or as a condition of visitation.
(d) If a court allows a family or household member to supervise visitation, the court shall establish conditions to be followed during visitation.'
SECTION 8.
This Act shall become effective July 1, 1995, and shall apply with respect to actions filed on or after that date."
By renumbering Section 4 as Section 9.

The following amendment was read and adopted:

Representatives Williams of the 83rd, Barnes of the 33rd, Stephenson of the 25th and
Walker of the 141st move to amend the Senate amendment to HB 498 by striking "must" and inserting in lieu thereof "may" from line 38 of page 3 and from line 6 of page 5.

Representative Williams of the 83rd moved that the House agree to the Senate amendment, as amended by the House, to HB 498.
On the motion, the ayes were 119, nays 0.
The motion prevailed.

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 Senate substitute was read:

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 minimum periods of incarceration for cru elty to children, child molestation, and aggravated child molestation; to change the defini tions of the offenses of statutory rape, child molestation, and enticing a child for indecent

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JOURNAL OF THE HOUSE,

purposes; to eliminate the possibility of probation of the sentence of a first time offender; to change the minimum age for offenses of child molestation; to increase the penalties for sexual exploitation of children; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. This Act shall be known and may be cited as the "Child Protection Act of 1995."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses, is amended by striking Code Section 16-5-70, relating to cruelty to children, in its entirety and inserting in lieu thereof the following:
"16-5-70.
(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to chil dren when he such person willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. (b) Any person commits the offense of cruelty to children when he such person mali ciously causes a child under the age of 18 cruel or excessive physical or mental pain. (c) A person convicted of the offense of cruelty to children as provided in this Code sec tion shall be punished by imprisonment for not less than ene five nor more than 20 years."
SECTION 3. Said title is further amended by striking in its entirety Code Section 16-6-3, relating to the offense of statutory rape, and inserting in lieu thereof a new Code Section to read as follows:
"(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any female person under the age of 14 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported tes timony of the female victim. (b) A person convicted of the offense of statutory rape shall be punished by imprison ment for not less than one nor more than 20 years; provided, however, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person may, in the discretion of the court, be punished as for a misdemeanor.''
SECTION 4. Said title is further amended by striking Code Section 16-6-4, relating to child molestation and aggravated child molestation, in its entirety and inserting in lieu thereof the following:
"16-6-4.
(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 14 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person. (b) A person convicted of a first offense of child molestation shall be punished by imprisonment for not less than ene five nor more than 20 years. Upon such first convic tion of the offense of child molestation, the judge may probate the sentence; and such probation may be upon the special condition that the defendant undergo a mandatory period of counseling administered by a licensed psychiatrist or a licensed psychologist. However, if the judge finds that such probation should not be imposed, he or she shall sentence the defendant to imprisonment; provided, further, that upon a defendant's being incarcerated on a conviction for such first offense, the Department of Corrections shall provide counseling to such defendant. Upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than five ten years nor more than 30 years or by imprisonment for life; pro vided, however, that prior to trial, a defendant shall be given notice, in writing, that the

WEDNESDAY, MARCH 15, 1995

2247

state intends to seek a punishment of life imprisonment. Adjudication of guilt or imposi tion of sentence for a conviction of a second or subsequent offense of child molestation, including a plea of nolo contendere, shall not be suspended, probated, deferred, or with held. (c) A person commits the offense of aggravated child molestation when he such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy. (d) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 16-6-5, relating to the offense of enticing a child for indecent purposes, and inserting in lieu thereof a new subsection to read as follows:
"(a) A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 14 16 years to any place whatso ever for the purpose of child molestation or indecent acts."
SECTION 6. Said title is further amended by striking subsection (g) of Code Section 16-12-100, relating to sexual exploitation of children, in its entirety and inserting in lieu thereof a new subsec tion (g) to read as follows:
"(g)(l) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person who violates a provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than ee year five years nor more than 20 years or and by a fine of not more than $100,000.00; er both. In the event, however, that the person so convicted is a member of the immedi ate family of the victim, no fine shall be imposed. (2) Any person who violates paragraph (8) of subsection (b) of this Code section shall be guilty of a misdemeanor. (3) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor."
SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Chambless of the 163rd moves to amend the Senate substitute to HB 377 as follows:
On page 1 line 6 delete "statutory rape," and
Delete Section 3 and renumber Sections 4, 5, 6 and 7 as 3, 4, 5 and 6, respectively. and
On page 3 line 35 change "16" to "14".

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

Y Ashe
Y Bailey Y Baker

Y Bannister
Y Barfoot Bargeron

N Barnard
Y Barnes Y Bates

Y Benefield
N Birdsong Y Bordeaux

N Bostick
Y Breedlove N Brooks, D

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JOURNAL OF THE HOUSE,

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

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

N Joyce NKaye
N Kinnamon N Klein NLadd N Lakly YLane N Lawrence NLee N Lewis N Lifsey
Lord Y Lucas N Maddox N Mann Y Martin
McBee Y McCall
Y McClinton
McKinney N Mills
Y Mobley, B
N Mobley, J N Mosley N Mueller N O'Neal Y Orrock
Parham Y Parrish N Parsons Y Pelote N Perry N Pinholster

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

YSnow Y Stallings N Stancil, F N Stancil, S Y Stanley, L Y Stanley, P N Stephenson N Streat Y Taylor Y Teague N Teper N Thomas N Tillman N Titus N Towery N Trense Y Turnquest N Twiggs
Walker, L N Walker, E.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

On the adoption of the amendment, the ayes were 60, nays 104. The amendment was lost.

Representative Towery of 30th moved that the House agree to the Senate substitute to HB 377.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey N Baker Y Bannister N Barfoot
N Bargeron
Y Barnard N Barnes N Bates Y Benefield
Y Birdsong N Bordeaux Y Bostick N 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 N Chambless N Channell Y Childers
Y Coker Y Coleman, B

N Coleman, T N Connell NCox
Crawford Y Crews Y Culbreth
Y Cummings
Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S N Dobbs Y Ehrhart YEpps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden
Y Goodwin
Y Greene
Y Grindley
Y Manner Y Harbin Y Harris N Hart N Heard

Y Heckstall Y Hegstrom Y Hembree N Henson Y Holland N Holmes N 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 Y Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence
YLee Y Lewis Y Lifsey YLord N Lucas Y Maddox
YMann

N Martin Y McBee Y McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal N Orrock
Parham Y Parrish Y Parsons N Pelote
Y Perry
Y Pinholster N Polak
N Porter
Y Poston Y Powell
Y Purcell, A Purcell, B
N Randall N Randolph YRay N Reaves N Reichert N Roberts N Rogers N Royal

Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw
Sherrill Y Shipp N Simpson Y Sinkfield N Skipper N Smith, C Y Smith, C.W N Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W N Smyre Y Snelling YSnow N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson
Y Streat N Taylor N Teague N Teper Y Thomas Y Tillman

WEDNESDAY, MARCH 15, 1995

Y Titus
Y Towery Y Trense
N Turnquest

Y Twiggs
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

On the motion, the ayes were 113, nays 58. The motion prevailed.

2249
Y Williams, R Y Woods Y Yates
Murphy, Spkr

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

The following Resolution of the House was read:

HR 601. By Representatives Walker of the 141st and Murphy of the 18th
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly shall adjourn at 12:00 Midnight on Wednesday, March 15, 1995, and reconvene on Friday, March 17, 1995.
BE IT FURTHER RESOLVED that, as authorized by Code Section 28-1-2, the hour for convening the Senate on March 17 may be as ordered by the Senate; and the hour for convening the House on March 17 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 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
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
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
Kaye 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
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 Postal 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
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 Y Teague YTeper Y Thomas Y Tillman Y Titus
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

2250

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 169, nays 0. The Resolution was adopted.

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

Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

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 Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

HB 516. By Representatives Powell of the 23rd, Watson of the 139th, Towery of the 30th 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.

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 Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

WEDNESDAY, MARCH 15, 1995

2251

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.

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

SB 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.

The following amendment was read and lost:

Representative Watson of the 139th moves to amend SB 293 by inserting on line 5 of page 1 after "emergency;" the following:
"to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the 'Georgia Housing and Finance Authority Act,' so as to change the provisions relating to obligations not subject to the 'Georgia Securities Act of 1973'; to amend the sunset provision for issuing certain industrial development bonds;".
By inserting after line 31 of page 1 the following:
"SECTION 1.5.
Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the 'Georgia Housing and Finance Authority Act,' is amended by striking in its entirety paragraph (2) of subsection (i) of Code Section 50-26-10, relating to obligations not subject to the 'Geor gia Securities Act of 1973' and payment of operating costs and expenses, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 36; 4996 January 1^ 1999; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.'".

The following amendment was read and adopted:

Representative Connell of the 115th moves to amend SB 293 by changing on page "5" line "18" the word "eight" to "nine" and on line "21" after the word "council" add the follow ing:
but shall not be less than a majority of those authorized to be appointed to the council.

The Speaker Pro Tern assumed the Chair.

2252

JOURNAL OF THE HOUSE,

The following amendment was read:

Representative Woods of the 32nd moves to amend SB 293 as follows: On page 8 line 40 after the word "plan" insert the words: ", identifying any items that cannot be provided by the private sector".
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 N Bates N Benefield N Birdsong
Bordeaux 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 N Canty N Carter N Chambless N Channell N Childers
Coker Y Coleman, B
Coleman, T Connell NCox 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 N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd
N Godbee N Golden
Y Goodwin
N Greene 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 Hugley Y Irvin N James
Jamieson
N Jenkins Y Johnson, G
Johnson, J Y Johnston N Jones Y Joyce EKaye 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
McCall
N McClinton McKinney
Y Mills
N Mobley, B
N Mobley, J Mosley
Y Mueller N O'Neal
Orrock

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
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 56, nays 98. The amendment was lost.

Smith, W
N Smyre
Y Snelling
NSnow
N Stalling*
N Stancil, F Y Stancil, S N Stanley, L N Stanley, P
Stephenson N Streat N Taylor N Teague NTeper N Thomas N Tillman Y Titus
Towery Y Trense N Turnquest N Twiggs
Walker, L Y Walker, R.L Y Wall N Watson
Watts Y Westmoreland
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 withdrawn:

Representative Woods of the 32nd moves to amend SB 293 as follows: On page 8 line 5 after the text "1995" insert the words: "and each July 1 thereafter".

The following amendment was read:

Representative Woods of the 32nd moves to amend SB 293 as follows: Change page 3 line 32 from "15" to "17". Change page 3 line 34 from "seven" to "nine".

WEDNESDAY, MARCH 15, 1995

2253

Change page 4 line 21 from "seven" to "nine". Change page 4 line 24 from "two" to "three". Change page 4 line 26 from "two" to "three". Change page 5 line 18 from "eight" to "nine". Insert on page 5 line 39 after the word "authorities" the following: "; which policy shall promote increased reliance upon the private sector for the achieve ment of the state's information technology objectives."
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 N Bates N Benefield N Birdsong
Bordeaux Bostick N Breedlove N Brooks, D N Brooks, T N Brown, G Brown, J Y Brush Buck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell N Canty N Carter N Chambless N Channel! N Childers Y Coker N Coleman, B Coleman, T Connell NCox N 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 N Dobbs Y Ehrhart N Epps Y Evans Y Falls Y Felton N Floyd N Godbee N Golden Y Goodwin N Greene
Grindley Manner N Harbin Y Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson Holland N Holmes N Howard N Hudson

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

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
Ray N Reaves N Reichert N Roberts N 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 N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 49, nays 103. The amendment was lost.

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

Due to a mechanical malfunction, the vote of Representative Brown of the 130th was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Lucas of the 124th moved that the House reconsider its action in fail ing to adopt the Watson amendment.

Representative Lawrence of the 64th moved that the Watson amendment to SB 293 be printed and placed upon the desks.
Representative Watson of the 139th withdrew his amendment.

2254

JOURNAL OF THE HOUSE,

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

Y Ashe Y 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 Y Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y BurkhalWr YByrd Y Campbell Y Canty Y Carter Y Chambless
Y 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
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 YHart 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 Y Jones Y Joyce EKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas
Maddox 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
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 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
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 Y Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 163, nays 0.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

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.

Representative Kinnamon of the 4th moved that the House adhere to its position in substituting SB 105 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:

WEDNESDAY, MARCH 15, 1995

2255

Representatives Kinnamon of the 4th, Chambless of the 163rd and Barnes of the 33rd.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

SB 29. By Senators Isakson of the 21st, Ralston of the 51st, Edge of the 28th, Land of the 16th and Egan of the 40th:
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.

Representative Culbreth of the 132nd moved that the House insist on its position in substituting SB 29.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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 Smith of the 175th moved that the House insist on its position in dis agreeing to the Senate substitute to HB 154 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Smith of the 175th, Godbee of the 145th and Ashe of the 46th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Martin of the 47th moved that the House adhere to its position in sub stituting SB 124 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.

2256

JOURNAL OF THE HOUSE,

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Chambless of the 163rd, Bostick of the 165th and Martin of the 47th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

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.

Representative Bailey of the 93rd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 246 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 Bailey of the 93rd, Jones of the 71st and Wall of the 82nd.

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

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.

The following Senate amendment was read:

Amend the House substitute to SB 55 by adding "for a person who is not a patient in a hospital, nursing home, or licensed hospice and the order is" immediately following "resuscitate" on line 27 of page 3.
By striking line 31 of page 3 and inserting in its place '"DO NOT RESUSCITATE ORDER".
By adding "ATTENDING PHYSICIAN'S TELEPHONE NUMBER: ________" between lines 37 and 38 of page 3.
By adding "ORDER" immediately following "RESUSCITATE" on line 8 of page 4.

WEDNESDAY, MARCH 15, 1995

2257

By striking lines 10 and 13 of page 4.

Representative Skipper of the 137th moved that the House disagree to the Senate amendment to the House substitute to SB 55.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Dobbs of the 92nd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 435 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 Chambless of the 163rd, Dobbs of the 92nd and Greene of the 158th.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th, Burton of the 5th, Ralston of the 51st 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 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.

Representative Barnes of the 33rd moved that the House adhere to its position in sub stituting SB 156 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 Barnes of the 33rd, Martin of the 47th and Cox of the 160th.

2258

JOURNAL OF THE HOUSE,

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HB 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.

Representative Holmes of the 53rd moved that the House insist on its position in dis agreeing to the Senate substitute to HB 423 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Holmes of the 53rd, Holland of the 157th and Canty of the 52nd.

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

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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.

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.

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.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

WEDNESDAY, MARCH 15, 1995

2259

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 Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:

HB 38. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th 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.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

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

HR 80. By Representative Parham of the 122nd: A resolution compensating Mr. Alonzo Key.

The Senate has adopted by the requisite constitutional majority, the following resolu tion of the House:

HR 601. By Representatives Walker of the 141st and Murphy of the 18th: A resolution relative to adjournment.

The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendments or substitutes thereto:

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.

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JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to provide for procedures with respect to homestead exemptions within certain special districts; to provide for definitions; to provide for funding of services through the levy and collection of a local sales and use tax; to provide for the creation of special districts; to provide for the rate and manner of imposition of such tax; to pro vide 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 pro vide for distribution of proceeds; to provide for certain credits; to provide for the expendi ture 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:
"ARTICLE 2A
48-8-100. This article shall be known and may be cited as the 'Homestead Option Sales and Use Tax Act.'
48-8-101. As used in this article, the term:
(1) 'Ad valorem taxes for county purposes' means all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, exclud ing taxes to retire bonded indebtedness. (2) 'Homestead' means homestead as defined and qualified in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence.
48-8-102. (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 sales and use tax shall corre spond 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 sales and use tax levied pursuant to this article, except that the sales and use tax provided in this article shall be applicable 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 sales and use 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 48-8-104 and, in the event excess funds remain following the expenditure for such purpose, such excess funds

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shall be used for millage rate adjustment as provided in subparagraph (c)(2)(E) of Code Section 48-8-104. (2) Prior to January 1 of the year immediately following the first complete calendar year in which the sales and use 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 sales and use tax shall only be levied in a special district following the enact ment of a local Act which provides for a homestead exemption of an amount to be determined from the amount of sales and use 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 complete calendar year in which the sales and use tax under this article is levied. Any such local Act shall incorporate by reference the terms and conditions specified under this article. Any such homestead exemption under this article 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. Notwithstand ing 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 resolu tion required under subsection (a) of Code Section 48-8-103 is adopted prior to the issu ance of the call for the referendum under the local Act by the election superintendent. If such ordinance is not adopted by that date, the referendum otherwise required to be conducted under the local Act shall not be conducted. (e) No sales and use 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.

48-8-103.
(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 sales and use tax authorized by Code Section 48-8-102 shall be imposed, any such governing authority shall notify the election super intendent 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 govern ing authority calling for a referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the pur pose of submitting the question of the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in con junction 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 sales and use 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 statement which shall precede the ballot question specified in this subsection and the ballot ques tion specified by the required local Act:
'NOTICE TO ELECTORS: Unless BOTH the homestead exemption AND the home stead option sales and use tax are approved, then neither the exemption nor the sales and use 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?'

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(b) All persons desiring to vote in favor of levying the sales and use 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 homestead exemption, then the tax shall be levied in accordance with this article; other wise, the sales and use tax may not be levied, and the question of the imposition of the sales and use 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 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 sales and use tax provided in Code Section 48-8-102 is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing 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 certification of the result of the election imposing the sales and use tax authorized by Code Section 48-8-102 on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effec tive on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the res olution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption.
48-8-104. (a) The sales and use tax levied pursuant to this article shall be exclusively adminis tered and collected by the commissioner for the use and benefit of each county whose geographical boundary is conterminous with that of a special district. Such administra tion and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article 1 of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer's liability for taxes owed the state. Dealers shall be allowed a percentage of the amount of the sales and use 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 and use tax return remitting sales and use taxes collected under this arti cle shall separately identify the location of each retail establishment at which any of the sales and use taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the determination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale. (c) The proceeds of the sales and use tax collected by the commissioner in each special district under this article shall be disbursed as soon as practicable after collection as fol lows:
(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 sales and use 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 sales and use tax or to collect any proceeds from the tax authorized by this article for the year fol lowing the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated

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under Code Section 48-8-106, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-102, expend such proceeds as follows:
(A) The homestead factor shall be calculated by dividing the net amount of sales and use tax collected in the special district pursuant to this article for the previous calendar year, by the taxes levied for county purposes on only that portion of the county tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places; (B) If the homestead factor is less than or equal to 1,000, the amount of homestead exemption created under this article on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; (C) If the homestead factor is greater than 1.000, the homestead exemption created by this article on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied, and to the extent the sales and use tax proceeds collected under this article exceed the total revenue lost to the homestead exemptions created by this article, the millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions including the exemption under this article; and (D) In the event the rollback created by subparagraph (C) of this paragraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state.
48-8-105. 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 sales and use tax may be credited against the sales and use tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an amount equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this article for tax paid in another jurisdiction if the sales and use 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 conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this article and then against the sales and use tax levied under Article 3 of this chapter, if applica ble.
48-8-106. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-102 shall be discontinued, the governing authority shall notify the election superintendent of the county whose geographical boundary is conterminous with that of the special district by forwarding to the superintendent a copy of a resolution of the governing authority call ing for the referendum election. Upon receipt of the resolution, it shall be the duty of the election superintendent to issue the call for an election for the purpose of submitting

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the question of discontinuing the levy of the sales and use tax to the voters of the spe cial district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the home stead exemption within such county which is funded from the proceeds of the sales and use 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 sales and use 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 sales and use tax and repeal ing the local Act providing for such homestead exemption, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; other wise, the sales and use tax shall continue to be levied, and the question of the discontin uing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to canvass the returns, declare and certify the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be borne by the county whose geographical boundary is conterminous with that of the special district holding the election.

48-8-107. No sales and use tax provided for in Code Section 48-8-102 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 sales and use 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 pri vate or contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission.

48-8-108. (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 sales and use tax provided for in Code Section 48-8-102 shall be imposed in such special district upon the sale or use of building and construction materials when the con tract pursuant to which the materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical bound ary 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 sales and use tax.

48-8-109.

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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 sales and use 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.

Representative Ladd of the 59th moved that the House agree to the Senate substitute to HB 108.
On the motion, the ayes were 103, nays 4.
The motion prevailed.

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 Senate substitute was read:

A BILL
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change provisions relating to educational funding; to provide for a construction reserve trust fund; to provide that lottery funds for new capital construction projects for educational purposes may be appropriated to such fund; to provide for the periods of time within which funds so appropriated must be designated and contractually obligated; to state legislative intent with respect to program weights; to provide for a change in the pro gram weights allotted to state authorized instructional programs for purposes of the Qual ity 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. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding at the end of Article 1 of Chapter 1 a new Code Section 20-1-8 to read as follows:
"20-1-8. Any lottery funds appropriated for purposes of new capital construction shall be placed in a Construction Reserve Trust Fund to be maintained by the appropriate fiscal officers of state government. Funds so placed in the Construction Reserve Trust Fund shall be deemed to be committed for educational purposes and programs in compliance with sub section (d) of Code Section 50-27-13. Any such funds must be designated by project by the appropriate educational agency no later than June 30 of the fiscal year for which the funds were appropriated. Any such funds must be contractually obligated no later than June 30 of the fiscal following the fiscal year for which the funds were appropri ated. Any funds not designated or contractually obligated within such time periods shall lapse; and additionally any funds not expended as originally designated and obligated within 24 months after the close of the fiscal year for which such funds were originally

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appropriated shall lapse. Any funds so lapsing shall lapse to the general fund of the state treasury and shall be credited to the Lottery for Education Account."
SECTION 2. (a) 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 section accordingly provides for the assignment of certain program weights which shall apply beginning July 1, 1995. (b) Said Title 20 is further 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................................................................................... t38 1.3286 (2) Primary grades program (1-3)...................................................................... irSW 1.2432 (3) Upper elementary grades program (4-5).................................................... tQ16 1.0197 (4) Middle grades program (6-8)........................................................................ irdW 1.0242 (5) High school general education program (9-12)....................................................... 1.000 (6) High school nonvocational laboratory program (9-12).................................................................................... ir343 1.2428 (7) Vocational laboratory program (9-12)......................................................... ir343 1.3557 (8) Program for the handicapped: Category I............................................................................................................... 3r3TO 2.3419 (9) Program for the handicapped: Category II............................................................................................................. &6i3 2.7204 (10) Program for the handicapped: Category III............................................................................................................ 8786? 3.4579 (11) Program for the handicapped: Category IV............................................................................................................ 6r349 5.5838 (12) Program for intellectually gifted students: Category V................................................................................. t693 1.6374 (13) Remedial education program................................................................................................................. ir366 1.2985"
SECTION 3. Said Title 20 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.",

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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 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. Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon this Act's becoming law without such approval; and Section 1 of this Act shall apply with respect to appropriations for the fiscal year ending June 30, 1995, as well as all future fiscal years. Sections 2 and 3 of this Act shall become effective on July 1, 1995.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Baker of the 70th moved that the House agree to the Senate substitute to HB 129.
On the motion, the ayes were 108, nays 0.
The motion prevailed.

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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 Senate 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; to provide for definitions, conditions, and limita tions; to revise and change an exemption from sales and use taxation for the sale of certain manufacturing machinery; 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 authorities, so as to revise and change the limitations with respect to qualifying for job tax credits; to provide for a temporary, optional credit election; to provide an effective date; to provide for appli cability; 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:
"(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 e* pe*s taxpayer which has operated for the immedi ately preceding three years an existing manufacturing facility or manufacturing support

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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 taxpaye^
(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 $ mi&ieB $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 taxpayer nor shall the credit have any effect on the taxpayer's basis in such assets for the purpose of depreciation.
(d)l) Ne Except as otherwise provided in paragraph (2) of this subsection, no tax payer shall be authorized to claim on a tax return for a te* yew 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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(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, if 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 jn 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 pefseft 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: (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

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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 taxpayer 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." "(b) In the case of a corporation er petseft 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;

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(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 taxpayer 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 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

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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 exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this para graph. (3) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products.
(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 qualified investment 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 qualified investment property was first placed in service, provided that such qualified investment property remains 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. No taxpayer who claims the credit under Code Section 48-7-40.2 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 10 per cent of the cost of all qualified investment property purchased or acquired by the tax payer 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 qualified investment property 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 credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the fol lowing amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined with out regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year. (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 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 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 project; (B) The amount of qualified investment property placed in service during the tax able year; (C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits; (E) The amount of the unused credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit remaining for 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 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 taxpayer 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 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.
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 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 exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this para graph. (3) 'Machinery and equipment' means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (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 qualified investment property in this state

WEDNESDAY, MARCH 15, 1995

2275

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 qualified investment property was first placed in service, provided that such qualified investment property remains 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. No taxpayer who claims the credit under Code Section 48-7-40.3 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 8 per cent of the cost of all qualified investment property purchased or acquired by the tax payer 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 qualified investment property 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 credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the fol
lowing amounts: (A) Ninety percent of the excess of the tax of the applicable year determined with out regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years
following the base year. (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 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 having an aggregate cost in excess of $10 million. For every year in which a taxpayer claims the credit, the tax payer 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 placed in service during the tax
able year; (C) The base year average calculated under paragraph (2) of subsection (b) of this
Code section; (D) The tax owed by the taxpayer for the current taxable year determined without
regard to any credits; (E) The amount of the unused credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year;
and (G) The amount of tax credit remaining for 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 having an aggregate cost in excess of $10 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

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(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 taxpayer 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 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.
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 exclusively in the manufacturing facility. The department shall promulgate rules defining eligible qualified investment property pursuant to this para graph. (3) 'Machinery and equipment" means all tangible personal property used, directly or indirectly, to move, sort, store, prepare, convert, process, fabricate, or manufacture products. (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 qualified investment property in this state in a tier 3 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 qualified investment property was first placed in service, provided that such qualified investment property remains 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. No taxpayer who claims the credit under Code Section 48-7-40.4 for any taxable year for a given project shall be eligible to receive the credit under this Code section with respect to the same project for any taxable year. The aggregate amount of the credit allowed under this Code section shall equal 6 per cent of the cost of all qualified investment property purchased or acquired by the tax payer 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 qualified investment property 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 credit available to the taxpayer to apply against the tax liability of any year following the base year but no later than the tenth year shall be the lesser of the fol lowing amounts:
(A) Ninety percent of the excess of the tax of the applicable year determined with out regard to any credits over the base year average; or (B) The excess of the aggregate amount of the credit allowed for the qualified investment property over the sum of the amounts of credit already used in the years following the base year. (c) The credit granted under subsection (b) of this Code section shall be subject to the following conditions and limitations:

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2277

(1) In order to qualify as a basis for the credit, the 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 having an aggregate cost in excess of $20 million. For every year in which a taxpayer claims the credit, the tax payer 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 placed in service during the tax able year; (C) The base year average calculated under paragraph (2) of subsection (b) of this Code section; (D) The tax owed by the taxpayer for the current taxable year determined without regard to any credits; (E) The amount of unused tax credit available at the end of the prior tax year; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit remaining for 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 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 taxpayer 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 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 8. Said title is further amended by striking paragraphs (34) and (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in their place new par agraphs (34) and (34.1) to read as follows:
"(34) The sale of the following types of manufacturing machinery: (A) Machinery which is used directly in the manufacture of tangible personal prop erty when the machinery is bought to replace or upgrade machinery in a manufac turing plant presently existing in this state; (B) Machinery which is used directly in the manufacture of tangible personal prop erty when the machinery is incorporated for the first time into a new manufacturing plant located in this state; (C) Machinery which is used directly in the manufacture of tangible personal prop erty when the machinery is incorporated as additional machinery for the first time into a manufacturing plant presently existing in this state; and (D) Any person making a sale of machinery for any ef- the purposes purpose speci fied in subporagraphs {A}; $Bfo and {} subparagraph (B) of this paragraph shall collect the tax imposed on the sale by this article unless the purchaser furnishes him with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery without paying the tax. As a condition precedent to the issuance of the certificate, the commissioner, at his discretion, may require a good and valid bond with a surety company authorized to do business in this state

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as surety or may require legal securities, in an amount fixed by the commissioner, conditioned upon payment by the purchaser of all taxes due under this article in the event it should be determined that the sale fails to meet the requirements of this subparagraph; (34.1) (A) The sale of primary material handling equipment which is used directly for the handling and movement of tangible personal property and racking systems used for the conveyance and storage of tangible personal property in a warehouse or distribution facility located in this state when such equipment is either part of an expansion worth $10 million or more of an existing warehouse or distribution facility or part of the construction of a new warehouse or distribution facility where the total value of all real and personal property purchased or acquired by the tax payer for use in the warehouse or distribution facility is worth $10 million or moref. (B) In order to qualify for the exemption provided for in subparagraph (A) of this paragraph, a warehouse or distribution facility may not make retail sales from such facility to the general public if the total of the retail sales equals or exceeds lj> per cent of the total revenues of the warehouse or distribution facility.. If retail sales are made to the general public by a warehouse or distribution facility and at any time the total of the retail sales equals or exceeds 15 percent of the total revenues of the facility, the taxpayer will be disqualified from receiving such exemption as of the date such 15 percent limitation is met or exceeded. The taxpayer may be required to repay any tax benefits received under subparagraph (A) of this paragraph on or after that date plus penalty and interest as may be allowed by law."
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 (f) to read as follows:
er ere contiguous counties wHl qualify fet the greatest dollar amount ef- job tax credits of flwy of i"tic pftrticipftiin counties, rc^flPdics9 of trie county tti wtiicn trie DU910^99 "is physically located. An A joint authority created by two or more contiguous counties pur suant 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 busi ness plan. A county may belong to only one such joint authority. A business enterprise as defined under subsection (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 19 availabte for businesses engaged ia manufacturing, warehousing, distributing, wholesaling, pre-
Code Section 36-62 2 ad located within the jurisdiction ef- the joint authority er for any
is located within the jurisdiction ef the joint authority. The $500.00 job tax credit autho rized by this subsection shall be subject to all the conditions and limitations specified under Code Section 48-7-40, as amended. (f) With respect to a joint authority created on or before March 31, 1995, and notwith standing any provision of this Code section to the contrary, any taxpayer eligible for a tax credit pursuant to subsection (e) of this Code section shall have the option of elect ing to utilize for a given project the tax credit formerly authorized under this Code sec tion for taxable years beginning prior to January 1^ 1995, in lieu of the tax credit otherwise available pursuant to this Code section for taxable years beginning on or after January 1^ 1995. 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. (a) Except as otherwise provided in subsections (b) and (c) 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 7 of this Act shall become effective on January 1, 1996, and shall be applicable to all taxable years beginning on or after January 1, 1996. (c) Section 8 of this Act shall become effective on July 1, 1995.
SECTION 11. All laws and parts of laws in conflict with this Act are repealed.

Representative Baker of the 70th moved that the House agree to the Senate substitute to HB 336.
On the motion, the ayes were 106, nays 6.
The motion prevailed.

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.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 419 by inserting between "thereto;" and "to" on line 7 of page 1 the following:
"to change certain provisions relating to the authorized purposes for which certain of such funds may be expended; to change certain provisions relating to entities with whom certain contracts for the expenditure of such funds may be entered into; to change cer tain definitions;".
By inserting between lines 41 and 42 of page 3 the following:
"SECTION 2A.
Said article is further amended by striking paragraph (5.1) of subsection (a) of Code Sec tion 48-13-51, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, and inserting in its place a new paragraph (5.1) to read as follows:
'(5.1) Notwithstanding any other provision of this subsection, a county (within the the territorial limits of the special district located within the county) and the municipali ties within a county in which a coliseum and exhibit hall authority has been created by local Act of the General Assembly for a county and one or more municipalities therein, and which local coliseum and exhibit hall authority is in existence on or before January 1, 1991, and which local coliseum and exhibit hall authority has not constructed or operated any facility before January 1, 1991, may levy a tax under this Code section at a rate of 8 percent. A county or municipality levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 V4 percent of the total taxes collected at the rate of 8 percent for the purpose of: (A) promoting tourism, con ventions, and trade shows; (B) funding, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combination thereof, for convention, trade show, athletic, musical, theatrical,

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cultural, civic, and performing arts purposes and other events and activities for similar and related purposes, acquiring the necessary property therefor, both real and per sonal, and funding all expenses incident thereto, and supporting, maintaining, and promoting such facilities owned, operated, or leased by or to the local coliseum and exhibit hall authority or a downtown development authority; or (C) for some combina tion of such purposes; provided, however, that at least 50 percent of the total taxes collected at the rate of 8 percent shall be expended for the purposes specified in subparagraph (B) of this paragraph (5.1). Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, a convention and visitors bureau authority created by local Act of the General Assembly for a municipality, a local coliseum and exhibit hall authority, a downtown development authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities t notwithstand ing any provision of paragraph (8) of this subsection to the contrary. The aggregate amount of all excise taxes imposed under this paragraph (5.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not exceed 13 percent. Any tax levied pursuant to this paragraph (5.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains outstanding any obligation issued to fund a facility as contemplated by this paragraph (5.1), secured in whole or in part by a pledge of a tax authorized under this Code sec tion, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (5.1) shall cease to levy the tax in any manner that will impair the interests and rights of the holder of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a con tract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (5.1), the term: "fund" or "funding" shall include the cost and expense of all things deemed necessary by a local coliseum and exhibit hall authority or a downtown development authority for the con struction and operation of a facility or facilities including but not limited to the study, operation, marketing, acquisition, construction, financing, including the payment of principal and interest on any obligation of the local coliseum and exhibit hall author ity or the downtown development authority and any obligation of the local coliseum and exhibit hall authority or the downtown development authority to refund any prior obligation of the local coliseum and exhibit hall authority or the downtown develop ment authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; "obliga tion" shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys and having an initial term of not more than 37 years; and "facility" or "facilities" shall mean any of the buildings, structures, and facilities described in subparagraph (B) of this paragraph (5.1) and any associated parking areas or improve ments originally owned or operated incident to the ownership or operation of such facility used for any purpose or purposes specified in subparagraph (B) of this para graph (5.1) by a local coliseum and exhibit hall authority or a downtown development authority: and "downtown development authority" shall mean a downtown develop ment authority created by local Act of the General Assembly for a municipality pursu ant to a local constitutional amendment.'"

SENATE AMENDMENT NO. 2
Amend HB 419 by striking "(3.2)," and inserting in its place "(3.2), (3.3)," on lines 14 and 39 of page 2; lines 6, 8, 13, 22, and 38 of page 4; and lines 3, 10, and 19 of page 5.
By striking "a new paragraph" and inserting in its place "two new paragraphs" on line 2 of page 3.

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By striking "paragraph (3.2)" and inserting in its place "paragraphs (3.2) and (3.3)" on line 5 of page 3.
By striking the quotation mark on line 41 of page 3.
By inserting between lines 41 and 42 of page 3 the following:
"(3.3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and the municipalities within a county in which a trade and convention center facility is sub stantially funded by a special county 1 percent sales and use tax authorized by Article 3 of Chapter 8 of this title, as amended, which tax was levied prior to January 1, 1994, and which facility was completed and in operation prior to December 31, 1994, and which county and municipalities have not previously levied a 6 percent tax under par agraph (4) of this subsection, may levy a tax under this Code section at a rate of 6 percent. A county or municipality levying a tax pursuant to this paragraph shall expend for the purpose of promoting tourism, conventions, and trade shows in each fiscal year during which the tax is collected under this paragraph (3.3) an amount which is equal to (A) an amount which is not less than the amount which would have been spent if the tax rate had not been increased to 6 percent and if the same per centage of tax collections expended for such purposes during the immediately preced ing fiscal year were expended for such purposes during the current fiscal year plus (B) acnenat.m'"ount equal to 16 % percent of the total taxes collected at the rate of 6 per

SENATE AMENDMENT NO. 3
Amend HB 419 by striking "(3.2)," and inserting in its place "(3.2). (3.3)," on lines 14 and 39 of page 2; lines 6, 8, 13, 22, and 38 of page 4; and lines 3, 10, and 19 of page 5.
By striking "a new paragraph" and inserting in its place "two new paragraphs" on line 2 of page 3.
By striking "paragraph (3.2)" and inserting in its place "paragraphs (3.2) and (3.3)" on line 5 of page 3.
By striking the quotation mark on line 41 of page 3.
By inserting between lines 41 and 42 of page 3 the following:
"(3.3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality have been renovated which renovations are completed substantially on or before July 1, 1995, and which county and municipali ties have not previously levied a 6 percent tax under paragraph (4) of this subsection may levy a tax under this Code section at a rate of 6 percent. A county or municipal ity levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.3)) an amount equal to 33 Vz per cent of the total taxes collected under this subparagraph for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization defined in subparagraph (A) of paragraph (8) of this subsection. In addi tion to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.3)) an amount equal to 16 % percent of the total taxes collected at the rate of 6 percent for the purpose of either marketing or operating community auditorium or theater facilities or community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an

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escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities.'"

The following amendment was read and adopted:

Representatives Dixon of the 150th, Smith of the 12th, Porter of the 143rd and Coker of the 31st move to amend AM 18 0352, Senate Amendment #3 to HB 419, by striking lines 3 through 9 of page 1 and inserting in their place the following:
"Amend HB 419 by inserting '(3.4),' immediately preceding '(4),' on lines 14 and 39 of page 2.
By inserting '(3.4),' immediately preceding '(4.1),' on lines 6, 8, and 13 of page 4.
By inserting '(3.4),' immediately preceding '(4),' on lines 22 and 38 of page 4 and lines 3, 10, and 19 of page 5.
By striking 'a new paragraph' and inserting in its place 'new paragraphs' on line 2 of page 3.
By striking 'paragraph (3.2)' and inserting in its place 'paragraphs (3.2), (3.3), and (3.4)' on line 5 of page 3."
By striking "(3.3)" and inserting in its place "(3.4)" on lines 13, 26, and 36 of page 1.

Representative Dixon of the 150th moved that the House agree to the Senate amend ments, as amended by the House, to HB 419.
On the motion, the ayes were 111, nays 3.
The motion prevailed.

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 Senate amendment was read:

Amend HB 441 by striking the quotation mark at the end of line 31 of page 1 and insert ing in its place the following:
"The prohibition provided for in this subsection shall not apply to requests for refunds:
(1) Based upon erroneous assessments resulting from factual errors caused by the erroneous documentation of physical characteristics of the property being assessed; or
(2) By taxpayers who are required to file their ad valorem tax returns with the com missioner.'"

Representative Royal of the 164th moved that the House agree to the Senate amend ment to HB 441.
On the motion, the ayes were 95, nays 3.
The motion prevailed.

WEDNESDAY, MARCH 15, 1995

2283

HR 535. By Representative Twiggs of the 8th:
A resolution expressing the intent of the General Assembly regarding the design and construction of Highway 441 in Rabun County.

The following Senate amendment was read:

Amend HR 535 by inserting on line 27 of page 1 before the word "that" the following: "that this body hereby strongly urges".
B"uyrgsetrdi"k.ing the word "directed" on line 30 of page 1 and inserting in lieu thereof the word

Representative Twiggs of the 8th moved that the House agree to the Senate amend ment to HR 535.
On the motion, the ayes were 95, nays 2.
The motion prevailed.
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.
The following Senate substitute was read:
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; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers generally, is amended by striking in its entirety Code Section 17-4-26, relating to duty to bring persons arrested before judicial officer within 72 hours, and inserting in lieu thereof a new Code Section 17-4-26 to read as follows:
"17-4-26. Every law enforcement officer arresting under a warrant shall exercise reasonable dili gence in bringing the person arrested before the judicial officer authorized to examine, commit, or receive bail and in any event to present the person arrested before a commit ting judicial officer within 72 hours after arrest. The arresting officer accused shall aetify the accused be notified as to when and where the commitment hearing is to be held. An arrested person who is not notified before the hearing of the time and place of the commitment hearing shall be released."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Twiggs of the 8th moved that the House agree to the Senate substitute to HB 119.

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On the motion, the ayes were 93, nays 0. The motion prevailed.

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

SB 286. By Senators Pollard of the 24th, Tysinger of the 41st, Ray of the 19th, Isakson of the 21st and Newbill of the 56th:
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.

The following Senate amendment was read:

Amend the House substitute to SB 286 by striking the word "July" on line 23 of page 5 and insert the word "January".

Representative Towery of the 30th moved that the House agree to the Senate amend ment to the House substitute to SB 286.
On the motion, the ayes were 91, nays 0.
The motion prevailed.

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

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.

The following Senate amendment was read:

Amend HB 473 by adding after "to" on line 4 of page 1 the following:
"change the provisions relating to the minimum number of state employees required to request deductions for certain not-for-profit organizations; to".
By adding at the end of line 15 of page 1 the following:
"amended by striking subsection (b) of Code Section 45-7-54 of the Official Code of Geor gia Annotated, relating to salary deductions of state employees for certain not-for-profit organizations, and inserting in its place the following:
'(b) Where 500 or more full-time state employees who are employed in the Division of Family and Children Services or in the law enforcement or registered nursing disciplines

WEDNESDAY, MARCH 15, 1995

2285

request payroll deduction services to any not-for-profit association having among its spe cific objectives professional development activities related to such employment or pro moting or enhancing law enforcement or registered professional nursing in the State of Georgia, then the state shall provide such deductions as an additional employment bene fit to its employees. This provision shall not be interpreted to require the agency or state to provide the funds for any employee's dues or contributions.'
SECTION 1.1.
Said article is further".

Representative Martin of the 47th moved that the House agree to the Senate amend ment to HB 473.
On the motion, the ayes were 92, nays 1.
The motion prevailed.

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 following Senate substitute was read:

A BILL
To amend Code Section 20-2-987 of the Official Code of Georgia Annotated, relating to the Professional Standards Commission, so as to change provisions relating to the execu tive secretary of the Professional Standards Commission; to amend Code Section 20-2-302, relating to funds for operation of schools for the deaf and blind, so as to provide that employees of state schools for the deaf and blind shall serve in the unclassified service of the state merit system; to provide that authority may be delegated to the State School Superintendent to employ or dismiss employees of state schools for the deaf and blind; to amend Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to defi nitions relating to the merit system generally, so as to change the definition of the term "unclassified service" to include certain employees of state schools operated by the State Board of Education; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-987 of the Official Code of Georgia Annotated, relating to the Profes sional Standards Commission, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The commission shall appoint an executive secretary who shall serve as the secre tary and executive officer of the commission. Such executive secretary shall be compen sated in an amount fixed by the Governor commission. The executive secretary shall have the authority to employ such professional and clerical personnel as may be neces sary to carry out the duties and responsibilities of the commission. Personnel of the Department of Education may be utilized by the commission subject to the approval of the State School Superintendent."
SECTION 2. Code Section 20-2-302 of the Official Code of Georgia Annotated, relating to funds for operation of schools for the deaf and blind, is amended by designating the current lan guage of said Code section as subsection (a) and by inserting at the end thereof new sub sections (b) and (c) to read as follows:

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"(b) Employees of the state schools for the deaf and blind governed by the State Board of Education shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6, provided that employees who serve in the classified service of the state merit system as defined by Code Section 45-20-6 may elect to remain in the classified service and be governed by the provisions thereof; provided, further, that such employees who choose to be promoted to unclassified positions or who request to trans fer to different positions or locations shall become members of the unclassified service, (c) The State Board of Education may delegate to the State School Superintendent the authority to employ and dismiss employees at the state schools for the deaf and blind."
SECTION 3. Code Section 45-20-2 of the Official Code of Georgia Annotated, relating to definitions relating to the merit system generally, is amended in paragraph (15) by striking "and" at the end of subparagraph (BB), by replacing the period with "; and" at the end of subparagraph (CC), and by adding at the end a new subparagraph (DD) to read as follows:
"(DD) The officers, officials, and employees of state schools which are operated by the State Board of Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Godbee of the 145th moved that the House agree to the Senate substi tute to HB 406.
On the motion, the ayes were 96, nays 0.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 167 by striking line 24 of page 1 and inserting in lieu thereof the following:
"living space covered by the lease or attachments thereto to which the tenant or the tenant's resident relative has sole and exclusive use under the written agreement".

Representative Pelote of the 149th moved that the House agree to the Senate amend ment to HB 167.
On the motion, the ayes were 99, nays 3.
The motion prevailed.

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.

WEDNESDAY, MARCH 15, 1995

2287

The following Senate amendment was read:

Amend HB 552 by inserting on line 21 of page 1 after the word "direction" the following:
"; provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road.".

Representative Teague of the 58th moved that the House agree to the Senate amend ment to HB 552.
On the motion, the ayes were 93, nays 2.
The motion prevailed.

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 following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 70 by adding on line 6 of page 2 between the word "pedestrian" and the word "is" the following:
"lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited".
By adding on line 22 of page 2 between the word "pedestrian" and the word "to" the fol lowing:
"lawfully within an adjacent crosswalk".

SENATE AMENDMENT NO. 2
Amend HB 70 by inserting on line 10 of page 1 the following:
"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 provi sions relating to disqualification from driving a commercial motor vehicle; to provide for disqualification from driving a commercial motor vehicle based on violations of out-ofservice orders; to provide for enforcement; to".
By inserting between lines 18 and 19 of page 1 the following:
"SECTION .5.
Article 7 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, known as the 'Uniform Commercial Driver's License Act,' is amended by redesignating subsection (g) of Code Section 40-5-151, relating to disqualification from driving a commercial motor vehicle, as subsection (h) and adding a new subsection (g) to read as follows:
'(g)(l) Any person is disqualified from driving a commercial motor vehicle based on the following violations of out-of-service orders:

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(A) First violation -- a driver who is convicted of a first violation of an out-ofservice order is disqualified for a period of not less than 90 days and not more than one year;
(B) Second violation -- a driver who is convicted of two violations of out-of-service orders in separate incidents is disqualified for a period of not less than one year and not more than five years; and
(C) Third or subsequent violation -- a driver who is convicted of three or more vio lations of out-of-service orders in separate incidents is disqualified for a period of not less than three years and not more than five years.
(2) Whenever the operator of a commercial motor vehicle is issued an out-of-service order, a copy of such order shall be issued to the operator of the commercial motor vehicle and a copy or notice of such out-of-service order shall be provided to the department. The form of such out-of-service order, the procedures for notifying the department upon the issuance of such an order, and other matters relative to the issu ance of out-of-service orders and violations thereof shall be provided in rules and reg ulations promulgated by the commissioner or board.'".

The following amendment was read and adopted:

Representative Powell of the 23rd moves to amend Senate Amendment No. 2 to HB 70 by amending on page 2 line 1 after the word vehicle and inserting
", the operator of the commercial motor vehicle's employer,".

Representative Hegstrom of the 66th moved that the House agree to Senate amend ment No. 1, and agree to Senate amendment No. 2 as amended by the House, to HB 70.
On the motion, the ayes were 112, nays 2.
The motion prevailed.

Under the general order of business, established by the Committee on Rules, the fol lowing Bill and Resolution of the Senate were taken up for consideration and read the third time:

SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd, Dean of the 31st and Boshears of the 6th:
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; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds.

The following Committee substitute was read and withdrawn:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to create the Georgia Institute for Community Economic Development; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for

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the powers and duties of the director of the institute; to provide that the costs of operat ing the institute shall be paid from public funds; to assign the institute to the Board of Regents of the University System of Georgia for administrative purposes only; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 29 to read as follows:
"CHAPTER 29
50-29-1.
As used in this chapter, the term: (1) 'Director' means the director of the Georgia Institute for Community Economic Development as created under this chapter. (2) 'Institute' means the Georgia Institute for Community Economic Development as created under this chapter.
50-29-2.
There is created and established the Georgia Institute for Community Economic Devel opment as an instrumentality of the State of Georgia.
50-29-3.
The purposes for which the institute is founded shall include the following: (1) To promote, stimulate, develop, and advance economic growth in undeveloped and economically distressed communities throughout the state and thereby promote, stim ulate, develop, and advance the business, prosperity, and economic welfare of the entire state; (2) To encourage, assist, and facilitate the development and creation of small business and industry in this state and to rehabilitate and assist existing small business and industry in limited resource communities; (3) To stimulate and assist in the expansion of community based small business activ ity which will tend to promote small business development and maintain the economic stability of the state; (4) To enhance opportunities for employment and improve the standard of living of the citizens of this state; (5) To lend technical assistance at the state level to the existing network of commu nity based economic development entities throughout the state; (6) To cooperate and act in conjunction with other organizations, public or private, in the promotion of industrial, commercial, agricultural, and recreational small busi ness developments in this state; and (7) To identify resources and incentives for the promotion, development, and conduct of all kinds of community based small business activity and community based eco nomic development activities in the state.
50-29-4.
In furtherance of its purposes, the institute shall have the following powers: (1) To provide technical advice and assistance for both public and private sources of contract opportunities for community based small businesses; (2) To identify and coordinate partnerships between private enterprise, government, and community based groups to facilitate community revitalization efforts; (3) To assist the Governor's Development Council and regional development centers throughout the state in developing five-year plans for economic development initiatives for the poorest regions of this state; (4) To work with existing rural economic development entities to expand and coordi nate community empowerment efforts; (5) To make and execute contracts, lease agreements, and all other instruments neces sary or convenient to exercise the powers of the institute or to further the public pur poses for which it was created;

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(6) To apply for and to accept any gifts, bequests, or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal gov ernment or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes speci fied in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (7) To contract with state agencies or any local government for the use by the insti tute of any property, facilities, or services of the state or any such state agency or local government; (8) To fix and collect fees and charges for data or other incidental services provided by it to any private individual or entity; (9) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (10) To exercise any power granted by the laws of this state to public or private cor porations which is not in conflict with the public purpose of the institute; and (11) To do all things necessary or convenient to carry out the powers conferred by this chapter.
50-29-5.
(a) The institute shall be under the direction and supervision of a board of directors to be composed of four members appointed by the chancellor of the University System of Georgia, who shall be presidents of university system institutions, three members appointed by the Speaker of the House of Representatives, three members appointed by the President of the Senate, and three members appointed by the Governor. There shall be a director of the institute who shall be appointed and removed by the board of direc tors upon recommendation by the Governor. The institute shall set the salary of the director. (b) The director shall have the following powers and duties:
(1) To maintain such offices within the state as the director and institute may deem necessary; (2) To appoint assistants, clerks, and other employees as the director may deem nec essary and to fix their compensation; (3) To cooperate with individuals and with state, local, and other agencies, both pub lic and private, and to obtain upon request and utilize the services of all governmental departments and agencies; (4) To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury; (5) To furnish technical advice and assistance with respect to community economic development to further the purposes of this chapter; (6) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the director for legislative or other action to effectuate the purposes of this chapter; (7) To act as a liaison between community based groups, small and minority busi nesses, government agencies, community development corporations, and the private sector; and (8) To require from any state agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this chapter.
50-29-6.
(a) All costs of operating and conducting the institute shall be paid from public funds appropriated for such purposes. (b) The institute shall be assigned to the Board of Regents of the University System of Georgia for administrative purposes only, pursuant to Code Section 50-4-3."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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2291

The following substitute, offered by Representative Smyre of the 136th, et al., was read:

A BILL
To amend Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, so as to create the Georgia Institute for Community Business Development; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operat ing the institute shall be paid from public funds; to assign the institute to the Board of Regents of the University System of Georgia for administrative purposes only; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end thereof a new Chapter 29 to read as follows:
"CHAPTER 29
50-29-1. As used in this chapter, the term:
(1) 'Director' means the director of the Georgia Institute for Community Business Development as created under this chapter. (2) 'Institute' means the Georgia Institute for Community Business Development as created under this chapter. (3) 'Undeveloped and economically distressed communities' and 'limited resource communities' shall be defined by the University of Georgia Selig Center for Economic Studies in conjunction with the institute's board of directors using standard financial and economic data collected by federal and state agencies.
50-29-2. There is created and established the Georgia Institute for Community Business Develop ment of the State of Georgia.
50-29-3. The purposes for which the institute is founded shall include the following:
(1) To promote, stimulate, develop, and advance economic growth in undeveloped and economically distressed communities throughout the state and thereby promote, stim ulate, develop, and advance the business, prosperity, and economic welfare of the entire state; (2) To encourage, assist, and facilitate the development and creation of small business and industry in this state, including community based small businesses, and to strengthen and assist existing small business and industry in limited resource commu nities and undeveloped and economically distressed communities; (3) To stimulate and assist in the expansion of community based small business activ ity which will tend to promote small business development and maintain the economic stability of the state; (4) To enhance and promote opportunities for employment and business expansion in undeveloped and economically distressed communities and limited resource communi ties to improve the standard of living of the citizens of this state; (5) To lend technical assistance at the state level to the existing network of commu nity based economic development entities throughout the state; (6) To cooperate and act in conjunction with other organizations, public or private, in the promotion of industrial, commercial, agricultural, and recreational small busi ness developments in this state; and

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(7) To identify resources and incentives for the promotion, development, and conduct of all kinds of community based small business activity and community based eco nomic development activities in the state.
50-29-4.
In furtherance of its purposes, the institute shall have the following powers: (1) To provide technical advice and assistance for both public and private sources of contract opportunities for community based small businesses; (2) To identify and coordinate partnerships between private enterprise, government, and community based groups and businesses to facilitate community revitalization efforts in undeveloped and economically distressed communities and limited resource communities; (3) To assist the Governor's Development Council and regional development centers throughout the state in developing multi-year plans for economic and small business development initiatives for undeveloped and economically distressed communities, limited resource communities, and the poorest regions of this state; (4) To work with existing rural economic development entities to expand and coordi nate community empowerment efforts; (5) To make and execute contracts, lease agreements, and all other instruments neces sary or convenient to exercise the powers of the institute or to further the public pur poses for which it was created; (6) To apply for and to accept any gifts, bequests, or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal gov ernment or any agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes speci fied in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (7) To contract with state agencies or any local government for the use by the insti tute of any property, facilities, or services of the state or any such state agency or local government; and (8) To do all things necessary or convenient to carry out the powers conferred by this chapter.
50-29-5.
(a) The institute shall be under the direction and supervision of a board of directors to be composed of four members appointed by the chancellor of the University System of Georgia, who shall be presidents of university system institutions, three members appointed by the Speaker of the House of Representatives, three members appointed by the President of the Senate, and three members appointed by the Governor. There shall be a director of the institute who shall be appointed and removed by the board of direc tors upon recommendation by the Governor. The institute shall set the salary of the director. (b) The director shall have the following powers and duties:
(1) To maintain such offices within the state as the director and institute may deem necessary; (2) To appoint assistants, clerks, and other employees as the director may deem nec essary and to fix their compensation; (3) To cooperate with individuals and with state, local, and other agencies, both pub lic and private, and to obtain upon request and utilize the services of all governmental departments and agencies; (4) To accept gifts, bequests, grants, or other public or private payments on behalf of the state and to pay such moneys into the state treasury; (5) To furnish technical advice and assistance with respect to community economic development to further the purposes of this chapter; (6) To render annual written reports to the Governor and the General Assembly. The reports may contain recommendations of the director for legislative or other action to effectuate the purposes of this chapter;

WEDNESDAY, MARCH 15, 1995

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(7) To act as a liaison between community based groups, small and minority busi nesses, government agencies, community development corporations, and the private sector; and (8) To require from any state agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this chapter.
50-29-6.
(a) The institute 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 institute's financial position once a year to the state auditor and quarterly to the Board of Regents of the University System of Georgia. (b) The institute shall be assigned to the Board of Regents of the University System of Georgia for administrative purposes only, pursuant to Code Section 50-4-3."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Pinholster of the 15th moves to amend the Floor substitute to SB 404 by inserting on line 12 of page 1 after "related matters;" the following:
"to provide for the automatic repeal of this Act;".
By adding between lines 14 and 15 of page 5 the following:
"SECTION 1.5.
This Act shall automatically stand repealed on July 1, 2000, and the Georgia Institute for Community Business Development shall cease to exist on said date.".

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

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

Y Coker Y Coleman, B N Coleman, T
Connell Cox Y Crawford Y Crews N Culbreth N Cummings N Davis, G Y Davis, M Y Day Y DeLoach, B Y 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
Golden Y Goodwin
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 Y Hudson N Hugley Y Irvin N James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce E Kaye N Kinnamon Y Klein
Y Ladd Y Lakly N Lane Y Lawrence N Lee

Y Lewis Y Lifsey N Lord N Lucas
Maddox Y Mann N Martin N McBee
McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller Y O'Neal N Orrock
Parham N Parrish Y Parsons N Pelote N Perry Y Pinholster N Polak
N Porter N Poston N Powell Y Purcell, A Y Purcell, B

N Randall N Randolph N Ray
Reaves N Reichert N Roberts N Rogers N Royal Y Sanders Y Sauder N Scoggins Y Shanahan N Shaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, P
Smith, T Y Smith, V
Smith, W
N Smyre Y Snelling N Snow N Stallings N Stand!, F

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Y Stancil, S N Stanley, L N Stanley, P N Stephenson
N Street N Taylor

N Teague N Teper N 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
Whitaker N White Y Wiles

Y Williams, B Williams, J
Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 72, nays 88. The amendment was lost.

The following amendment was read and adopted:

Representative Smyre of the 136th moves to amend the Floor substitute to SB 404 as fol lows:
By adding on line 14, page 4 a new subsection (b) to read as follows:
Members of the Institute shall not be entitled to compensation for the duties they perform as members of the Institute. Each member shall, however, be entitled to reimbursement for travel and other necessary expenses incurred in the performance of official duties.
And renumbering subsection "(b)" to "(c)".

Representative Pinholster of the 15th moved that the House reconsider its action in failing to adopt the Pinholster amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Crews N Culbreth Y Cummings N Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H N Dixon,S N Dobbs Y Ehrhart NEpps Y Evans Y Falls Y Felton N Floyd N Godbee
Golden Y Goodwin
Greene Y Grindley N 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 Ylrvin
N James N Jamieson N Jenkins Y Johnson, G Y Johnson,J Y Johnston N Jones Y Joyce EKaye 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
McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal N Orrock

On the motion, the ayes were 78, nays 81.

Parham N Parrish Y Parsons N Pelote Y Perry Y Pinholster Y Polak N Porter N Poston N Powell N Purcell, A Y Purcell, B N Randall N Randolph
NRay N Reaves N Reichert N Roberts Y Rogers N Royal Y Sanders Y Sauder N Scoggins Y Shanahan YShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, P
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
Streat N Taylor N Teague N Teper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs Walker, L Y Walker, R.L Y Wall N Watson N Watts Y Westmoreland Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

WEDNESDAY, MARCH 15, 1995

2295

The motion was lost.

The Floor substitute, as amended, was adopted.

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

Y Ashe Y Bailey Y Baker N Bannister Y Barfoot
Bargeron N 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 N Brush
Buck Y Buckner NBunn N Burkhalter YByrd Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers N Coker Y Coleman, B
Coleman, T Connell YCox Y Crawford

N Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B N DeLoach, G YDix Y Dixon,H Y Dixon, S YDobbs Y Ehrhart YEpps Y Evans N Falls Y Felton Y Floyd YGodbee
Golden N Goodwin
Greene Y Grindley Y Banner Y Harbin Y Harris YHart 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 N Johnson, G Y Johnson, J N Johnston Y Jones N Joyce EKaye Y Kinnamon N Klein
NLadd N Lakly YLane Y Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox YMann Y Martin Y McBee Y McCall Y McClinton
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 N Polak Y Porter YPoston Y Powell Y Purcell, A
Purcell, B Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts N Rogers Y Royal N Sanders
N Sauder Y Scoggins Y Shanahan NShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C N Smith, C.W
Smith, L Y Smith, P Y Smith, T Y 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 Y Taylor
Y Teague Y Teper Y Thomas Y Tillman N Titus N Towery N Trense Y Turnquest YTwiggs
Walker, L N Walker, R.L YWall Y Watson
Y Watts N Westmorland
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, as amended, the ayes were 121, nays 44.
The Bill, having received the requisite constitutional majority, was passed, by substi tute, as amended.

SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd, Thomas of the 10th and Dean of the 31st:
A resolution creating the Community Economic Development Task Force to coordinate and promote growth and economic development efforts of rural, minority, and economically distressed communities of Georgia.

The following amendment was read and adopted:

Representative Smyre of the 136th moves to amend SR 253 as follows:
By striking word "economic" on lines 1, 2, 5, 28 on page 1 and inserting in lieu of the word "business".

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JOURNAL OF THE HOUSE,

and By striking the word "economic" on line 15, page 2 and inserting in lieu the word busi ness.
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 YBarfoot
Bargeron Y Barnard Y Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick Y Breedlove
Brooks, D Y Brooks, T
Y Brown, G Y Brown, J Y Brush
Buck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter
Y Chambless Y Channel! Y Childers
Coker Y Coleman, B
Coleman, T Connell YCox Y Crawford

Y Crews Y Culbreth
Y Cummings
Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs
Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd Y Godbee
Golden Y Goodwin
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
Jamieson Y Jenkins Y Johnson, G Y Johnson,J Y Johnston Y Jones N Joyce EKaye Y Kinnamon Y Klein YLadd N Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas N Maddox YMann
Martin Y McBee
McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Mueller Y O'Neal Y Orrock

Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston
Powell 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
Smith, L Y Smith, P Y Smith, T N 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
Teper Y Thomas Y Tillman N Titus Y Towery Y Trense Y Turnquest YTwiggs
Walker, L N 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
N Woods N Yates
Murphy, Spkr

On the adoption of the Resolution, as amended, the ayes were 140, nays 11.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Representative Teper of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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".

WEDNESDAY, MARCH 15, 1995

2297

The following Senate amendments were read:
SENATE AMENDMENT NO. 1 Amend HB 570 by deleting on pg 2 line 7 the date "July 1, 1995" and inserting in its place "Jan 1, 1996".
SENATE AMENDMENT NO. 2 Amend HB 570 by striking in their entirety lines 6 through 9 of page 1 and inserting in lieu thereof the following:
"for automatic repeal;". By striking in their entirety lines 8 through 23 of page 3.

SENATE AMENDMENT NO. 3
Amend HB 570 by inserting between lines 4 and 5 of page 2 the following:
"(3) 'Wages' means any and all wages, tips, allocated tips, compensation, or benefits, whether taxable to the employee or otherwise, which are received by the employee."
By striking "is compensated at" and inserting in its place "receives wages of on line 9 of page 2.
By striking "is compensated at" and inserting in its place "receives wages of on line 13 of page 2.
By striking "is compensated at" and inserting in its place "receives wages of on line 18 of page 2.

SENATE AMENDMENT NO. 4
Amend HB 570 by adding immediately preceding the period on line 2 of page 2 the follow ing:
"and who is a participant in the Jobs First Program established by Code Section 49-4-118".

The following amendment was read:

Representative Lucas of the 124th moves to amend HB 570 Senate Amendment No. 3 as follows:
By striking same in its entirety.

On the adoption of the amendment, the ayes were 60, nays 58. The amendment was adopted.

Representative Evans of the 28th moved that the House reconsider its action in adopting the Lucas amendment.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey N Baker Y Bannister

N Barfoot Bargeron
Y Barnard Y Barnes

N Bates N Benefleld N Birdsong N Bordeaux

Bostick Y Breedlove Y Brooks, D N Brooks, T

N Brown, G Y Brown, J Y Brush
Buck

2298
N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty
Carter N Chambless N Channel! N Childers Y Coker Y Coleman, B
Coleman, T 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 Dixon, S N Dobbs Y Ehrhart NEpps Y Evans Y Falls

JOURNAL OF THE HOUSE,

Y Felton N Floyd N Godbee
Golden Y Goodwin
Greene Y Grindley N Manner Y Harbin Y Harris NHart N Heard N Heckstall
Hegstrom Y Hembree N Henson N Holland N Holmes N Howard N Hudson N Hugley Y Irvin
James N Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce EKaye
Kinnamon

Y Klein YLadd Y Lakly YLane Y Lawrence NLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox YMann N Martin N McBee
McCall N McClinton
McKinney Y Mills N Mobley, B Y Mobley, J N Mosley Y Mueller N O'Neal
Orrock Parham N Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak N Porter

Poston Powell N Purcell, A Y Purcell, B N Randall N Randolph NRay Reaves N Reichert Roberts Y Rogers N Royal Sanders Y Sauder N Scoggins Shanahan YShaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper Smith, C Y Smith, C.W Smith, L Y Smith, P Smith, T Y Smith, V Y Smith, W NSmyre Y Snelling YSnow

N Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson
Streat N Taylor NTeague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest
Twiggs Walker, L Y Walker, R.L YWall N Watson N Watts
Y Westmorland Whitaker
N White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the motion, the ayes were 73, nays 75.

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

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

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

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

Parham Y Parrish
Parsons Y Pelote Y Perry N Pinholster Y Polak Y Porter
Poston Y Powell Y Purcell, A
Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers Y Royal
Sanders N Sauder Y Scoggins
Shanahan YShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield Y Skipper
Smith, C N Smith, C.W
Smith, L N 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 YTeper Y Thomas Y Tillman N Titus N Towery N Trense Y Turnquest
Twiggs Walker, L N Walker, R.L N Wall Y Watson Y Watts N Westmorland Whitaker Y White N Wiles N Williams, B N Williams, J N Williams, R Woods N Yates Murphy, Spkr

WEDNESDAY, MARCH 15, 1995

2299

On the re-adoption of the amendment, the ayes were 83, nays 62. The amendment was adopted.

Representative Mueller of the 152nd stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

The Speaker assumed the Chair.

Representative Lucas of the 124th moved that the House agree to the Senate amend ments, as amended by the House, to HB 570.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe Y Bailey Y Baker N Bannister Y Barfoot
Bargeron N Barnard N Barnes Y Bates Y Benefield Y Birdsong Y Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush
Buck N Buckner NBunn N Burkhalter YByrd N Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers N Coker N Coleman, B
Coleman, T Y Connell
Cox 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
Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Palls N Pelton Y Floyd Y Godbee
Golden N Goodwin
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 NIrvin Y James Y Jamieson N Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce EKaye
Kinnamon N Klein NLadd N Lakly NLane N Lawrence YLee N Lewis N Lifsey YLord Y Lucas N Maddox N Mann Y Martin Y McBee Y McCall Y McClinton
McKinney N Mills Y Mobley, B N Mobley, J Y Mosley N Mueller YO'Neal Y Orrock

Par ham Y Parrish N Parsons Y Pelote N Perry N Pinholster Y Polak Y Porter YPoston Y Powell Y Purcell, A N Purcell, B YRandall Y Randolph YRay
Reaves Y Reichert
Roberts Y Rogers Y Royal N Sanders N Sauder Y Scoggins N Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield Y Skipper N Smith, C N Smith, C.W
Smith, L N Smith, P Y Smith, T N Smith, V

N Smith, W YSmyre N Snelling NSnow Y Stallings Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas Y Tillman N Titus N Towery N Trense Y Turnquest
Twiggs Walker, L N Walker, R.L N Wall Y Watson Y Watts N Westmorland 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 85, nays 76. The motion prevailed.

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 Senate substitute was read:

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JOURNAL OF THE HOUSE,

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; so as to provide for access to and sharing of information from the state support registry; to provide for the purposes for which such information may be used; 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 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 vary the child support award from the guidelines upon a finding that enumerated special circumstances make the presumptive amount of support either exces sive or inadequate; to provide that special circumstances shall include extraordinary medi cal 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 provide for an intention to encourage judges to require mediation in contested divorce cases; to authorize an order for child support to require insurance for the benefit of a minor child on the life of either or both parents; to provide that premiums for such insur ance be reviewed for reasonableness and counted as a part of child support; to provide that the maintenance of such insurance and the availability of the proceeds of such insur ance shall not be required for a child's benefit after a child reaches the age of majority; to provide for effective dates; to provide for exceptions; 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. (Where applicable, add the following.) 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 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. The applicable percentage of gross income to be considered is

WEDNESDAY, MARCH 15, 1995

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Number of Children

Percentage Range of Gross Income

1 2 3 4 5 or more

17 percent to 23 percent 23 percent to 28 percent 25 percent to 32 percent 29 percent to 35 percent 31 percent to 37 percent

Thus, _____ percent of ___________ (gross income of obligor) equals ______ dollars per month. 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 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 income 8. In-kind income for the self-employed, such as reimbursed meals or a company car
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 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 otherwise 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 con tinue 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 sen tence if the order does not include provision for insurance). (Where applicable, the

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court shall also include in the order the provisions of Code Section 19-6-30 concerning continuing garnishment for support and language in compliance with Code Section 19-6-32 concerning income deduction orders.) 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.
(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 employment 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 bat 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;

WEDNESDAY, MARCH 15, 1995

2303

(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 Children

Percentage Range of Gross Income

1 2 3 4 5 or more

17 percent to 23 23 percent to 28 25 percent to 32 29 percent to 35 31 percent to 37

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 shall vary the final award of child support, up or down, wrtsMe from the range enumerated in paragraph (5) of subsection (b) of this Code section upon a written finding ef- that the presence of one or more of the following special circum stances makes the presumptive amount of support either excessive or inadequate; !Fhe

oy tftc ends of justice, ooruc ot trie iflctors wriicri nifty wflppflnt sucii VSPI&tions mciUuG)

(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 {fer 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;

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(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 effect of law. The commission ahaU atee submit a report te the House Judiciary Committee and Senate Special Judiciary Committee daring the 1991 regtttef session ef&e Gen eral Assembly. This report shall provide information which wJH atiew these committees te review the effectiveness ef-the guidelines and; 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. Said title is further amended by inserting a new Code section to be designated Code Sec tion 19-6-34 to read as follows:
"19-6-34.
(a) In any case before the court involving child support, the court may include in the order of support provision for life insurance on the life of either parent or the lives of both parents for the benefit of the minor children. The court may order either parent or both parents to obtain and maintain the life insurance. (b) The amount of the premium for such life insurance shall be counted as a part of the support ordered pursuant to the provisions of Code Section 9-6-15, provided that the court shall review the amount of the premium for reasonableness in the circumstances of the child, the parent ordered to pay support, and the other parent. (c) Except as provided in subsection (d) of this Code section, an order for child support shall not require maintenance of life insurance for a child's benefit after the child reaches the age of majority and shall not require that the proceeds of life insurance be available for the benefit of a child after the child reaches the age of majority. (d) The trier of fact, in the exercise of sound discretion, may direct either or both par ents to maintain life insurance for the benefit of 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 maintenance of such life insurance for the benefit of the child shall not be required after a child attains 20 years of age."

WEDNESDAY, MARCH 15, 1995

2305

SECTION 4. It is the intention of Sections 1 and 2 of this Act to encourage judges in divorce cases to require all couples involved in contested divorces to go to mediation to attempt a mutually agreeable settlement.
SECTION 4.1. Said title is further amended striking Code Section 19-11-9.2, relating to the duty of employers to report the hiring or rehiring of persons to the state support registry, in its entirety and inserting in lieu thereof a new Code Section 19-11-9.2 to read as follows:
"19-11-9.2.
(a) Effective July 1, 1993, employers doing business with seven or more employees in the State of Georgia shall report to the Georgia state support registry within the Depart ment of Human Resources:
(1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, sepa rated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who: (1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or (2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within five ten days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified busi ness identifier number. An employer who fails to report as required under this Code section shall be given a written warning. (d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the T-fee registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed. (e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unneces sary or burdensome reporting. T-fee department shall fepert te the Governor and the
Vj 6HQP&1 A98CHQ.Dly OR til6 CMCC11V6HC99 Or tI118 OOC16 SCCtlOFl RO IfltCP UflftR .W OVCH1 DCF TJ
(f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Aid to Families with Dependent Children program and the food stamp program. (g) The Department of Labor shall be entitled to have access to this employment regis try for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delin quent unemployment contributions and overpayment of unemployment benefits. (h) The Department of Administrative Services shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Ser vices shall be authorized to apportion the costs of the registry between the users.
This Code section shall be repealed in its entirety effective May 1, 1996 1997."
SECTION 4.2. Section 4.1 of this Act shall become effective upon the approval of this Act by the Gover nor or upon its becoming law without such approval.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cox of the 160th moves to amend the Senate substitute to HB 72 as fol lows:
Page 10, line 20: change "9" to "19"; page 10, after line 39, add new subsection (e) as follows:
Nothing in this Code section shall prevent parents from entering into an agreement for the provision of life insurance that differs from or exceeds the terms of this Code section.

Representative Cox of the 160th moved that the House agree to the Senate substitute, as amended by the House, to HB 72.
On the motion, 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
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
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
Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd YGodbee
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 Ylrvin Y James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce EKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin
YMcBee YMcCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley
Mueller
Y O'Neal YOrrock

Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Porter YPoston
Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins YShanahan YShaw Y Sherrill
Y Shipp Y Simpson Y Sinkfield Y Skipper Y Smith, C Y Smith, C.W
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
YTeague YTeper Y Thomas Y Tillman Y Titus Y Towery YTrense
Turnquest Twiggs 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 Woods Y Yates Murphy, Spkr

On the motion, the ayes were 154, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate substitute thereto:

WEDNESDAY, MARCH 15, 1995

2307

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.

Representative Jamieson of the 22nd moved that the House adhere to its position in amending the Senate substitute to HB 38 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 Royal of the 164th, Skipper of the 137th and Culbreth of the 132nd.

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

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.

The following Senate 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 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."

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative White of the 161st moved that the House agree to the Senate substi tute to HB 520.
On the motion, 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
Bordeaux Bostick Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush Buck Y Buckner YBunn 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 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 YGodbee
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
Johnson,J Y Johnston Y Jones Y Joyce EKaye Y Kinnamon Y Klein
YLadd Y Lakly YLane
Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox 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 Crock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter Y Postal 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
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 Street Y Taylor Y Teague YTeper Y Thomas Y Tillman
Titus Y Towery Y Trense Y Turnquest
YTwiggs 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 Y Yates
Murphy, Spkr

On the motion, the ayes were 158, nays 0. The motion prevailed.

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.

The following Senate amendment was read:
Amend HB 365 by inserting on line 6 on page 1, immediately after "programs;", "to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as provide for policies relating to facilities which are historic landmarks;". By redesignating Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2.
Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, is amended by adding at the end of subsection (c) the following:

WEDNESDAY, MARCH 15, 1995

2309

'(10) To adopt uniform policies respecting construction and use of all education facilities that are historic landmarks and are registered as such.'"

Representative Skipper of the 137th moved that the House disagree to the Senate amendment to HB 365.
The motion prevailed.

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.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 765 by adding following the word and symbol "powers;" on line 11 of page 1 the following:
"to provide that any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such hospital plan or net work which provides coverage for health care services which are within the lawful scope of his or her practice; to provide for construction;".
By striking line 24 of page 2 and inserting in lieu thereof the following:
"of Title 50, relating to inspection of public records. Any health care provider licensed under Chapter 30 of Title 43 shall be eligible to apply to become a participating provider under such a hospital plan or network which provides coverage for health care services which are within the lawful scope of his or her practice, provided that nothing contained in this Code section shall be construed to require any such hospital plan or network to provide coverage for any specific health care service.'"

SENATE AMENDMENT NO. 2 Amend HB 765 by adding at the end of line 24 of page 2 before the period the following:
"unless otherwise authorized by law".

Representative Martin of the 47th moved that the House agree to the Senate amend ments to HB 765.
On the motion, 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
Bordeaux

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 Canty
Y Carter Y Chambless Y Channell Y Childers
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
Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart Y Epps
Evans Y Falls Y Felton Y Floyd Y Godbee
Golden Y Goodwin
Greene Y Grindley Y Manner

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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 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 Y Lucas Y Maddox
Mann Y Martin Y McBee Y McCall Y McClinton
McKinney Y Mills Y Mobley, B Y Mobley, J
Mosley Mueller Y O'Neal Orrock

Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster YPolak
Y Porter YPoston Y Powell Y Purcell, A Y Purcell, B YRandall 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
Sinkfield Y Skipper Y Smith, C Y Smith, C.W
Smith, L Y Smith, P Y Smith, T Y Smith, V
Smith, W YSmyre Y Snelling YSnow Y StaUings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson Y Streat Y Taylor

Y Teague YTeper Y Thomas
Tillman Y Titus Y Towery Y Trense Y Turnquest
Twiggs 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 Y Yates
Murphy, Spkr

On the motion, the ayes were 150, nays 0. The motion prevailed.

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 Senate amendment was read:

Amend HB 524 by adding after "foregoing;" on line 8 of page 1 the following:
"to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to provide for exemptions for certain sales to nonprofit licensed in-patient hospices;".
By adding between lines 25 and 26 of page 2 the following:
"SECTION 1.1.
Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, is amended by striking paragraph (7) thereof and inserting in its place the following:
'(7) Sales of tangible personal property and services to a nonprofit licensed nursing homez nonprofit licensed in-patient hospice, or a nonprofit general or mental hospital used exclusively by the nursing home^ nonprofit licensed in-patient hospice, or hospi tal in performing a general nursing home, nonprofit licensed in-patient hospice, hospi tal, or mental treatment function in this state when the licensed nursing home; nonprofit licensed in-patient hospice, or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;'."
By striking "and" and inserting ". Section 1 of this Act" on line 28 of page 2.

The Chair ruled the Senate amendment not germane.

WEDNESDAY, MARCH 15, 1995

2311

The House has disagreed to the Senate amendment.

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 Senate substitute was read:

A BILL
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide requirements for health insurance contracts; to provide for the modification of certain health insurance contracts; to impose certain requirements on health insurers; to provide for the termination of coverage; to provide requirements for the continuity of coverage; to provide for conversion policies to be issued under certain cir cumstances; to provide for statutory construction; to provide requirements for preexisting condition provisions in group policies of accident and sickness insurance; to provide for applicability; to authorize the promulgation of rules and regulations; to provide for infor mation concerning the costs of certain health insurance coverages to be supplied to mem bers of the General Assembly; to provide for other matters relative to the foregoing; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding to Article 1 of Chapter 24, relating to general provisions regarding insurance, 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) 'Insurer' means an accident and sickness insurer, fraternal benefit society, non profit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any selfinsured health care plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq. (2) 'Policy' means any health care plan, subscriber contract, or accident and sickness plan, contract, or policy by whatever name called other than a disability income pol icy, a long-term care insurance policy, a medicare supplement policy, a health insur ance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a hospital indemnity policy, a limited acci dent policy, or other type of limited accident and sickness policy.
(b) Notwithstanding any provisions of this title which might be construed to the con trary, on and after April 1, 1996, all individual basic hospital or medical expense, major medical, or comprehensive medical expense insurance policies issued, delivered, issued for delivery, or renewed in this state shall provide that once an individual has been accepted for coverage, his or her coverage cannot be terminated by the insurer due solely to his or her individual claims experience. (c) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section on or before November 1, 1995, after notification and review of such regulation by the appropriate standing

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committees of the House of Representatives and Senate in accordance with the require ments of applicable law. Nothing in this Code section shall be construed to prohibit the Commissioner and any insurers with a desire to do so from mutually agreeing on proce dures, rules, regulations, and guidelines and from implementing the provisions of this Code section on a voluntary basis before April 1, 1996. (d) Beginning April 1, 1999, the Commissioner shall conduct a review of the costs asso ciated with the coverage required by this Code section and shall provide the members of the General Assembly with such information no later than December 31, 1999."
SECTION 2. Said title is further amended by adding to Article 1 of Chapter 30, relating to general pro visions with regard to group or blanket accident and sickness insurance, a new Code sec tion, to be designated Code Section 33-30-15, to read as follows:
"33-30-15.
(a) As used in this Code section, the term: (1) 'Insurer' means an accident and sickness insurer, fraternal benefit society, non profit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any selfinsured health care plan not subject to the exclusive jurisdiction of the Employee Retirement Income Security Act of 1974, 29 U.S.C. Sec. 1001, et seq. (2) 'Policy' means any medical expense plan, subscriber contract, or accident and sick ness plan, contract, or policy by whatever name called other than a disability income policy, a long-term care insurance policy, a medicare supplement policy, a health insurance policy written as a part of workers' compensation equivalent coverage, a specified disease policy, a credit insurance policy, a blanket accident and sickness pol icy, a franchise policy issued on an individual basis to a member of a true association as defined in Code Section 33-30-12, a hospital indemnity policy, a limited accident policy, or other similar limited accident and sickness policy. (3) 'Similar coverage' under another health benefit plan means medical expense cover age under any of the following: (A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrange ment; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical ser vice corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; or (F) A franchise policy issued on an individual basis to a member of a true associa tion as defined in Code Section 33-30-12.
(b) Notwithstanding any other provision of this title which might be construed to the contrary, on and after April 1, 1996, all group basic hospital or medical expense, major medical, or comprehensive medical expense policies which are issued, delivered, issued for delivery, or renewed in this state shall provide the following:
(1) Subject to compliance with the provisions of subsection (c) of this Code section, any newly eligible employee, member, subscriber, enrollee, or dependent who has had similar coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately; and (2) Once such similar coverage terminates, including termination of such similar cov erage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy to the eligible employee, member, sub scriber, enrollee, or dependent. (c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such policies may include a limitation for preexisting conditions not to exceed 12 months following the effective date of coverage; provided, however, that such

WEDNESDAY, MARCH 15, 1995

2313

policies shall waive any time period applicable to the preexisting condition exclusion or limitation for the period of time an individual was previously covered by similar cover age. (d) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section on or before November 1, 1995, after notification and review of such regulations by the appropriate standing committees of the House of Representatives and Senate in accordance with the require ments of applicable law. Nothing in this Code section shall be construed to prohibit the Commissioner and any insurers with a desire to do so from mutually agreeing on proce dures, rules, regulations, and guidelines and from implementing the provisions of this Code section on a voluntary basis before April 1, 1996. (e) Beginning April 1, 1999, the Commissioner shall conduct a review of the costs associ ated with the coverage required by this Code section and shall provide the members of the General Assembly with such information no later than December 31, 1999."
SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becom ing law without such approval. (b) This Act shall stand repealed in its entirety on April 1, 2000.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Lord of the 121st, et al. move to amend the Senate substitute to HB 616 by adding on line 2 of page 1 after the word "as" and before the word "to" the following:
"to provide for the establishment of the Special Insurance Fraud Fund; to provide for the purposes of the fund; to provide for the submission of an annual budget relative to the cost of investigating and prosecuting insurance fraud; to provide for assessments against insurers; to authorize the Commissioner of Insurance to provide by regulation a formula for assessments; to provide for penalties and interest relative to assessments; to authorize rules and regulations; to authorize appropriations for certain purposes relative to insurance fraud; to provide for the sharing of information relative to the investigation of insurance fraud; to provide for immunity for certain insurers and their agents and employees; to provide for the payment of certain expenses incurred by insurers;".
By adding on line 15 of page 1 after the semicolon and before the word "to" the following:
"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 explicit consent of the person tested; to provide that informa tion derived from genetic testing may not be sought by insurers engaging in accident and sickness insurance underwriting and shall not be used to deny access to accident and sickness insurance; to provide for the disclosure of information derived from genetic testing to law enforcement agencies for certain purposes; to provide for the disclosure of information derived from genetic testing for scientific research purposes; to provide for restrictions on such disclosures; to provide for applicability; to provide for violations; to provide for penalties and remedies;".
By striking lines 16 and 17 of page 1 and inserting in lieu thereof the following:
"other matters relative to the foregoing; to provide for legislative intent, findings, and declarations; to provide effective dates; to repeal".
By striking lines 20 through 23 of page 1 and inserting in lieu thereof the following:

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"SECTION 1.
Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding immediately following Code Section 33-1-16, relating to the investigation of fraudu lent insurance acts, a new Code Section 33-1-17 to read as follows:
'33-1-17.
(a) The General Assembly finds that the proper and expeditious investigation and pros ecution of fraudulent insurance acts are beneficial to the public interest. The General Assembly further finds that proper investigation of fraudulent insurance acts, followed by vigorous prosecution of insurance fraud, will bring about lower insurance rates for the citizens of this state.
(b) There is created a Special Insurance Fraud Fund for the purpose of funding the investigation and prosecution of insurance fraud.
(c)(l) The Commissioner shall prepare, on an annual basis, a separate budget request to the General Assembly which sets forth the anticipated cost and expense of funding the investigation and prosecution of insurance fraud in this state for the ensuing 12 months. Beginning with the year 1997, such budget request shall set forth the annual cost and expense of the investigation and prosecution of insurance fraud in Georgia for the preceding 12 months.
(2) There is imposed upon each foreign, alien, and domestic insurance company doing business in the state an annual assessment under a formula to be established by regu lation promulgated by the Commissioner. The formula shall be calculated such that the total proceeds paid or collected from such assessments for any year shall not exceed the amounts appropriated by the General Assembly pursuant to paragraph (3) of this subsection, which appropriation shall be based upon the budget request setting forth the applicable annual cost and expense of the investigation and prosecution of insurance fraud in Georgia submitted by the Commissioner. Such assessments may be measured by kind of company, kind of insurance, income, volume of transactions, or such other factors as the Commissioner determines appropriate. Assessments shall be due and payable for each calendar quarter at the times specified in subsection (b) of Code Section 33-8-6. Any insurance company which fails to report and pay any install ment of such assessment shall be subject to penalties and interest as provided by sub section (d) of Code Section 33-8-6. The Commissioner shall provide by regulation for such other terms and conditions for the payment or collection of such assessments as may be necessary to ensure the proper payment and collection thereof.
(3) The General Assembly may appropriate to the Insurance Department funds for the investigation of insurance fraud and for the funding of the prosecution of insur ance fraud. The Commissioner is authorized to use such funds for investigation of insurance fraud and to reimburse prosecuting attorneys for some or all of the costs of retaining assistant prosecuting attorneys to prosecute insurance fraud cases. The Commissioner shall provide by regulation for such other terms and conditions for the use of the funds for the investigation, reimbursement, and prosecution contemplated by the terms of this paragraph.
(d) Insurers shall make personnel involved in investigating insurance fraud and any files relating to insurance fraud investigation available to the Commissioner, the Attorney General, local prosecuting officials, special prosecuting attorneys, or other law enforce ment agencies as needed in order to further the investigation and prosecution of insur ance fraud. Information supplied by an insurer and contained in such files shall upon receipt become part of the investigative file and subject to the provisions of Code Sec tion 50-18-72. The insurer and its employees and agents shall be entitled to immunity as provided in Code Section 33-1-16.
(e) Any expenses incurred by insurers as a result of this Code section shall be defrayed by such insurers from their own funds and shall not be borne by the state or by the Special Insurance Fraud Fund.'

WEDNESDAY, MARCH 15, 1995

2315

SECTION 2.
Said title is further amended by adding immediately following Code Section 33-24-55, relating to health insurance and recovery rights of the state for payments made under Medicaid, a".
By redesignating Section 2 as Section 3 on line 39 of page 2.
By adding between lines 5 and 6 of page 5 a new Section 4 to read as follows:
"SECTION 4.
Said title is further amended by adding a new chapter, to be designated Chapter 54, to read as follows:
'CHAPTER 54
33-54-1.
The General Assembly finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The General Assembly further finds and declares that:
(1) Genetic information is the unique property of the individual tested;
(2) The use and availability of information concerning an individual obtained through the use of genetic testing techniques may be subject to abuses if disclosed to unautho rized third parties without the willing consent of the individual tested;
(3) To protect individual privacy and to preserve individual autonomy with regard to an individual's genetic information, it is appropriate to limit the use and availability of genetic information; and
(4) The intent of this chapter is to prevent accident and sickness insurance compa nies, health maintenance organizations, managed care organizations, and other payers from using information derived from genetic testing to deny access to accident and sickness insurance.
33-54-2.
As used in this chapter, the term:
(1) "Genetic testing" means laboratory tests of human DNA or chromosomes for the purpose of identifying the presence or absence of inherited alterations in genetic mate rial or genes which are associated with a disease or illness that is asymptomatic at the time of testing and that arises solely as a result of such abnormality in genes or genetic material. For purposes of this chapter, genetic testing shall not include routine physical measurements; chemical, blood, and urine analysis; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus.
(2) "Insurer" means an insurer, a fraternal benefit society, a nonprofit medical service corporation, a health care corporation, a health maintenance corporation, or a selfinsured health plan not subject to the exclusive jurisdiction of the Employee Retire ment Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.
33-54-3.
(a) Except as otherwise provided in this chapter, genetic testing may only be conducted to obtain information for therapeutic or diagnostic purposes. Genetic testing may not be conducted without the prior written consent of the person to be tested.
(b) Information derived from genetic testing shall be confidential and privileged and may be released only to the individual tested and to persons specifically authorized by such individual to receive the information. Any insurer that possesses information

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derived from genetic testing may not release the information to any third party without the explicit written consent of the individual tested. Information derived from genetic testing may not be sought by any insurer as defined in Code Section 33-54-2.
33-54-4.
Any insurer that receives information derived from genetic testing may not use the information for any nontherapeutic purpose.
33-54-5.
Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, information derived from genetic testing regarding the identity of any individual who is the subject of a criminal investigation or a criminal prosecution may be disclosed to appropriate legal authorities conducting the investigation or prosecution. The information may be used during the course of the investigation or prosecution with respect to the individual tested without the consent of such individual.
33-54-6.
Notwithstanding the provisions of Code Sections 33-54-3 and 33-54-4, any research facil ity may conduct genetic testing and may use the information derived from genetic test ing for scientific research purposes so long as the identity of any individual tested is not disclosed to any third party, except that the individual's identity may be disclosed to the individual's physician with the consent of the individual.
33-54-7.
This chapter shall not apply to a life insurance policy, disability income policy, acciden tal death or dismemberment policy, medicare supplement policy, long-term care insur ance policy, credit insurance policy, specified disease policy, hospital indemnity policy, blanket accident and sickness policy, franchise policy issued on an individual basis to members of an association, limited accident policy, health insurance policy written as a part of workers' compensation equivalent coverage, or other similar limited accident and sickness policy.
33-54-8.
(a) Any violation of this chapter by an insurer shall be unfair trade practice subject to the provisions of Article 1 of Chapter 6 of this title, and a violation of this chapter by any other person shall be an unfair practice and shall be subject to the provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the "Fair Business Practices Act of 1975." In addition, any individual who is harmed as a result of a violation of this chapter shall have a cause of action against the person whose violation caused the harm.
(b) Any insurer that is found in violation of the provisions of this chapter by a court of competent jurisdiction is liable to the individual injured by the violation in an amount equal to any actual damages suffered by the individual. In the alternative, the court may issue an order directing the insurer to provide accident and sickness insurance to the injured individual under the same terms and conditions as would have applied had the violation not occurred.
(c) The court shall award costs and reasonable attorney's fees to any individual who is successful in enforcing the provision of this chapter.'"
By striking lines 6 through 11 of page 5 and inserting in lieu thereof the following:
"SECTION 5.
(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.
(b) Sections 1 and 4 of this Act shall become effective on July 1, 1995.

WEDNESDAY, MARCH 15, 1995

2317

SECTION 6."
Representative Heard of the 89th moved that the House agree to the Senate substi tute, as amended by the House, to HB 616.
On the motion, 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 Bordeaux Bostick
Y Breedlove Y Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell
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
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 Y Felton Y Floyd YGodbee
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
Ylrvin 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 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 YOrrock

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
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
Smith, L Y Smith, P Y Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stencil, F Y Stancil, S Y Stanley, L Y Stanley, P
Stephenson
Y Streat Y Taylor Y Teague YTeper Y Thomas
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
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 153, nays 0. The motion prevailed.

Pursuant to HR 601, adopted by the House and Senate, the House adjourned until 9:00 o'clock, A.M., Friday, March 17, 1995.

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Representative Hall, Atlanta, Georgia Friday, March 17, 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:

Bailey Baker Bannister Barfoot Bargeron Barnard Barnes Benefield Birdsong Breedlove Brooks, D Brooks, T Brown, G Brown, J Buckner Bunn Burkhalter Byrd Canty Channel!
Childers Coker Coleman, B Connell Cra

Crawford
Crews Culbreth Cummings Davis, M DeLoach, G Dix Dixon, S Ehrhart Epps Felton Floyd Golden Grindley Harbin Harris Hart Heard Hegstrom Hembree Holland Howard Hudson Hugley James

Jamieson Jenkins Johnson, G Johnson, J Johnston
Jones Joyce Kaye Kinnamon Klein
Lakly Lane Lawrence Lewis Lord Maddox Mann Martin McCall McClinton Mills Mobley, J O'Neal
Parsons Pelote

Perry Pinholster Polak Porter Powell
Purcell, A Purcell, B Randolph Reaves Reichert Rogers Royal Sauder Scoggins Shanahan Sherrill
Shipp Simpson Smith, C Smith, C.W Smith, P Smith, V Smith, W
Smyre Snelling

Stancil, F Stancil, S Stanley, L Stanley, P Stephenson Streat
Taylor Teague Teper Thomas Tillman Trense
Walker, R.L Wall
Watts 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 Shaw of the 176th, Stallings of the 100th, Falls of the 125th, Buck of the 135th, Bates of the 179th, McBee of the 88th, Westmoreland of the 104th, Mosley of the 171st, Bordeaux of the 151st, Lifsey of the 6th, Ray of the 128th, Parham of the 122nd, DeLoach of the 172nd, Turnquest of the 73rd, Parrish of the 144th, Coleman of the 142nd, Day of the 153rd, Banner of the 159th, Sinkfield of the 57th, Goodwin of the 79th, Dixon of the 168th, Carter of the 166th, Brush of the 112th, Heckstall of the 55th, Ladd of the 59th, Smith of the 109th, Henson of the 65th, Greene of the 158th, Bostick of the 165th, Poston of the 3rd, Mueller of the 152nd, Dobbs of the 92nd, Davis of the 48th, Godbee of the 145th, Smith of the 169th, Campbell of the 42nd, Ashe of the 46th, Randall of the 127th, Mobley of the 69th, Evans of the 28th, Orrock of the 56th, Roberts of the 162nd, McKinney of the 51st, Snow of the 2nd, Irvin of the 45th, Sanders of the 107th, Twiggs of the 8th and Holmes of the 53rd.
They wish to be recorded as present.

Prayer was offered by the Reverend Chris Michael, Fort Sonia Baptist Church, Elberton, 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.

FRIDAY, MARCH 17, 1995

2319

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 1064. By Representative Ashe of the 46th:
A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to prohibit the use of steeljaw traps and leg-hold traps.
Referred to the Committee on Game, Fish & Parks.

HB 1066. By Representatives Breedlove of the 85th and Cummings of the 27th:
A bill to amend Code Section 43-14-8.1 of the Official Code of Georgia Anno tated, relating to license requirements for low-voltage electrical contractors, so as to change certain provisions relating to such requirements.
Referred to the Committee on Industry.

HB 1067. By Representatives Stallings of the 100th and Barnard of the 154th:
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.

HB 1068. By Representatives Benefield of the 96th, Lee of the 94th, Coleman of the 142nd, Dobbs of the 92nd and Walker of the 141st:
A bill to amend Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to regulation of maintenance and use of public roads, so as to provide for authority of the Department of Transportation to close or relo cate railroad grade crossings or require installation of railroad crossing signal equipment.
Referred to the Committee on Transportation.

HB 1069. By Representative Smith of the 169th:
A bill to amend Chapter 20 of Title 43 of the Official Code of Georgia Anno tated, the "Georgia Hearing Aid Dealers and Dispensers Act," so as to pro hibit offers for or sales of hearing aids by direct mail except under certain conditions.
Referred to the Committee on Health & Ecology.

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JOURNAL OF THE HOUSE,

HB 1070. By Representative Cummings of the 27th:
A bill to amend Code Section 47-2-298 of the Official Code of Georgia Anno tated, relating to membership by certain former county employees in the Employees' Retirement System of Georgia, so as to change the time in which such creditable service may be obtained.
Referred to the Committee on Retirement.
HB 1071. By Representative Crews of the 78th:
A bill to amend Code Section 20-2-161.1 of the Official Code of Georgia Annotated, relating to enrollment in postsecondary courses by high school students, so as to provide for the eligibility of students enrolled in home study programs.
Referred to the Committee on Education.
HB 1072. By Representatives Childers of the 13th and Mosley of the 171st:
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 medical services, care, or treatment.
Referred to the Committee on State Institutions & Property.

HB 1073. By Representatives Ashe of the 46th and Trense of the 44th:
A bill to amend Chapter 7 of Title 19 of the Official Code of Georgia Anno tated, relating to the parent and child relationship generally, so as to provide for the legal status of certain children conceived by means of in vitro fertilization or from donated eggs, sperm, or preembryos.
Referred to the Committee on Judiciary.
HB 1074. By Representatives Culbreth of the 132nd, Buck of the 135th, Royal of the 164th, Jamieson of the 22nd and Skipper of the 137th:
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 certain taxpayers and other persons with respect to ad valorem property taxes for educational purposes.
Referred to the Committee on Ways & Means.

HB 1075. By Representative Martin of the 47th:
A bill to amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after July 1, 1996.
Referred to the Committee on Judiciary.

HB 1076. By Representative Martin of the 47th:
A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Anno tated, relating to access to and use of public facilities by physically handi capped persons, so as to change the provisions relating to definitions; to provide that the provisions of said chapter shall apply to certain private resi dences constructed for first occupancy after January 1, 1997.
Referred to the Committee on Industry.

FRIDAY, MARCH 17, 1995

2321

HB 1077. By Representative Martin of the 47th:
A bill to amend Code Section 50-21-23 of the Official Code of Georgia Anno tated, relating to limited waiver of sovereign immunity, so as to provide for legislative intent; to provide for certain waivers of sovereign immunity; to provide for liability.
Referred to the Committee on Judiciary.

HB 1078. By Representatives Watts of the 26th, Barnes of the 33rd, Bates of the 179th, Hart of the 116th, Smith of the 109th and others:
A bill to amend Code Section 7-1-747 of the Official Code of Georgia Anno tated, relating to loans by members of business development corporations, so as to clarify the intention of the General Assembly; to provide that loans to business development corporations by members may bear interest at a rate of interest to be negotiated between said business development corporations and their members.
Referred to the Committee on Banks & Banking.

HB 1080. By Representative Heard of the 89th:
A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates, so as to authorize the issuance of special license plates commemorat ing the Prince Hall Masons of Georgia.
Referred to the Committee on Motor Vehicles.

HB 1081. By Representative Holland of the 157th:
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 a tax credit for certain military income.
Referred to the Committee on Ways & Means.

HB 1082. By Representatives Lane of the 146th and Godbee of the 145th:
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 provide for licensing of professional counsel ors, addiction counselors, social workers, and marriage and family therapists.
Referred to the Committee on Health & Ecology.

HB 1083. By Representative Simpson of the 101st:
A bill to amend Chapter 36 of Title 36 of the Official Code of Georgia Anno tated, relating to annexation of territory, so as to provide that a county in which there is located an independent school system shall be authorized to adopt a binding resolution calling for a moratorium on annexation.
Referred to the Committee on State Planning & Community Affairs.

HB 1084. By Representative O'Neal of the 75th:
A bill to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for definitions; to provide for a certification program for animal care and control officers.
Referred to the Committee on Agriculture & Consumer Affairs.

2322

JOURNAL OF THE HOUSE,

HB 1085. By Representative Teper of the 61st:
A bill to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty, so as to provide that the Department of Corrections shall make suitable arrangements and provide suitable facilities to allow any public or private television broadcaster to tele vise executions.
Referred to the Committee on State Institutions & Property.

HB 1086. By Representatives Coleman of the 142nd and Parrish of the 144th:
A bill to amend Article 3 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to conditions of detention generally, so as to pro vide for the utilization of inmates of state correctional institutions for work on outdoor assignments during inclement weather.
Referred to the Committee on State Institutions & Property.

HB 1087. By Representative Barnes of the 33rd:
A bill to amend Chapter 27 of Title 50 of the Official Code of Georgia Anno tated, known as the "Georgia Lottery for Education Act," so as to prohibit the purchase or possession of lottery tickets by minors; to require any person under 25 years of age to exhibit identification in order to purchase a lottery ticket.
Referred to the Committee on Industry.

HB 1088. By Representative Barnes of the 33rd:
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 repeal certain restrictions on members retired under such system.
Referred to the Committee on Retirement.

HB 1089. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd:
A bill to amend Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to motor vehicle franchise practices, so as to pro hibit franchisors from conducting audits based on activity or transactions more than two years old and warranty transactions more than one year old.
Referred to the Committee on Motor Vehicles.

HB 1090. By Representatives Powell of the 23rd, Porter of the 143rd and Parham of the 122nd:
A bill to amend Code Section 40-2-31 of the Official Code of Georgia Anno tated, relating to licensing of vehicles, so as to provide that certain trucks with permanently mounted equipment shall be licensed in the same manner as vehicles weighing less than 24,000 pounds.
Referred to the Committee on Motor Vehicles.

FRIDAY, MARCH 17, 1995

2323

HB 1091. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd:
A bill to amend Part 5 of Article 22 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Motor Vehicle Fair Practices Act," so as to restrict a franchisor from establishing a new dealership or relo cating a current dealership in the relevant market area of an existing dealer ship.
Referred to the Committee on Motor Vehicles.

HB 1092. By Representatives Powell of the 23rd, Parham of the 122nd and Porter of the 143rd:
A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Anno tated, relating to selling and other trade practices, so as to provide that it shall be unlawful to engage in any activity as a motor vehicle broker.
Referred to the Committee on Motor Vehicles.

HB 1093. By Representatives Joyce of the 1st, Evans of the 28th and Lakly of the 105th:
A bill to protect from infringement the right of the people to keep arms and the subsumed right to obtain firearms for security and the protection of per sons, property, and state; 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 repeal Part 5, including Code Sections 16-11-170 through 16-11-184, as enacted at the 1995 session of the General Assembly of Georgia and to enact in lieu thereof a new Part 5.
Referred to the Committee on Public Safety.

HB 1094. By Representative Smith of the 169th:
A bill to amend Code Section 27-1-3 of the Official Code of Georgia Anno tated, relating to ownership and custody of wildlife, so as to provide that under certain circumstances, persons shall be entitled to submit a claim against the state.
Referred to the Committee on Game, Fish & Parks.

HB 1095. By Representatives Dixon of the 168th, Williams of the 114th and Randall of the 127th:
A bill to amend Code Section 47-6-80 of the Official Code of Georgia Anno tated, relating to retirement under the Georgia Legislative Retirement Sys tem, so as to change the retirement formula.
Referred to the Committee on Retirement.

HB 1096. By Representatives Byrd of the 170th and Smith of the 169th:
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 change provisions relating to alcohol concentration; to change provisions relating to presump tions regarding violation of the prohibition against driving a moving vehicle while under the influence of alcohol.
Referred to the Committee on Special Judiciary.

2324

JOURNAL OF THE HOUSE,

HB 1097. By Representatives Bailey of the 93rd and Barnes of the 33rd:
A bill to amend Code Section 51-1-11 of the Official Code of Georgia Anno tated, relating to privity of contract required to support an action in tort, so as to require manufacturers of personal property sold as new property to maintain product liability insurance.
Referred to the Committee on Judiciary.

HR 581. By Representative Jones of the 71st:
A resolution urging the State Merit System to recruit from Georgia's colleges and universities.
Referred to the Committee on Rules.

HR 600. By Representatives Joyce of the 1st, Evans of the 28th, Lakly of the 105th and Kaye of the 37th:
A resolution to protect from infringement the right of the people to keep arms, and the subsumed right to obtain firearms for security, and the protec tion of person, property, and state; to urge the Attorney General to bring an action challenging the constitutionality of Public Law 103-159.
Referred to the Committee on Judiciary.

HR 662. By Representatives Godbee of the 145th and Murphy of the 18th: A resolution creating the Joint Study Committee on Educational Testing.
Referred to the Committee on Education.

HR 689. By Representatives Smith of the 169th and Dixon of the 168th: A resolution designating Georgia's Scenic Swamp Route.
Referred to the Committee on Transportation.

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

HB 1058 HB 1059 HB 1060 HB 1061 HB 1062

HB 1063 HB 1065 HB 1079 HR 569

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 1057 Do Pass SB 414 Do Pass SB 462 Do Pass

SB 468 Do Pass SB 469 Do Pass SB 470 Do Pass

FRIDAY, MARCH 17, 1995

2325

SB 471 Do Pass SB 474 Do Pass SB 475 Do Pass

SB 477 Do Pass SB 478 Do Pass, by Substitute
Respectfully submitted, /s/ Royal of the 164th
Chairman

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

HOUSE RULES CALENDAR FRIDAY, MARCH 17, 1995
Mr. Speaker and Members of the House:
The Committee on Rules has fixed the calendar for this 40th Legislative Day as enu merated below:
HR 92 House State Emergency Mgmt Study Committee; create HR 521 Hse St Comm/Discretionary Trusts for Disabled Beneficiaries; create HR 522 Joint Subsequent Injury Trust Fund Study Committee; create HR 536 House Lottery Retailers Study Committee; create HR 545 House Interagency Collaboration in Serv to Youth Study Comm; create
SB 32 Solid Waste Facilities - limit number in any given area SB 35 Boxing Comm. - contract w/Non-profit Organ, for amateur boxing SB 45 Insurance Agent - cert, clerical, other employees not agents SB 81 Cert. Criminal Cases - limitations on granting of bail SB 113 Persons under Sent, from State Ct. - habeas corpus filings SB 204 Merit Sys. - redefine "working test" SB 229 Juveniles Sentenced to Corr. Dept. - rights, powers of Dept. SB 281 Teacher Employment - vacancy advertisement SB 284 Odometer Tampering - codifications of cert, federal law SB 307 Adoption Decrees - when not subject to judicial challenge SB 363 Scholarships, Loans - revise purpose of Higher Ed. Assist. Corp. SB 377 Chairlifts in Bldgs. Owned by Nonprofit Organ. - laws governing SB 385 Safe Dams Act - extend exemption to those federally operated SB 408 Interest & Usury - interest on cert, bankruptcy claims
SR 269 Bartow Co. - conveyance of cert, state properties
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 1057.

By Representatives Hembree of the 98th and Snelling of the 99th:
A bill to amend an Act known as the "Douglas County Community Improve ment Districts Act," so as to change certain definitions; to authorize the cre ation of community improvement districts within the City of Lithia Springs.

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

2326

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 93, nays 11. The Bill, having received the requisite constitutional majority, was passed.

SB 414. By Senator Thompson of the 33rd:
A bill to amend an Act providing a new charter for the City of Austell, as amended, so as to adopt an official map of the corporate limits of the City of Austell, Georgia; to confirm the corporate boundaries of the City of Austell, 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 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 462. By Senator Pollard of the 24th:
A bill to provide for a local salary supplement to the compensation, expenses, and allowances of the judges of the superior courts of the Toombs Judicial Circuit by the counties comprising such circuit; to provide for the amount of such supplements.

The report 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 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 468. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Pierce 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 93, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 469. By Senator Boshears of the 6th:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, as amended, so as to provide for the nonpartisan nomination and election of the members of such board.

The report 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 11.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, MARCH 17, 1995

2327

SB 470. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Pierce 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 93, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 471. By Senator Boshears of the 6th:
A bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Brantley County and the chief magistrate of Brantley County; to provide for terms of 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 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 474. By Senators Guhl of the 45th and Crotts of the 17th:
A bill to amend an Act incorporating the City of Social Circle, as amended, so as to provide for a definition; to change the provisions relating to the elec tion of the mayor and councilmembers of said city; to provide for council dis tricts; to provide for terms of office; to change the provisions relating to qualifications for office; to provide for certain submissions.

The report 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 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 475. By Senators Clay of the 37th, Thompson of the 33rd and Isakson of the 21st:
A bill to amend an Act creating the Cobb Judicial Circuit, as amended, so as to change the provisions relating to the additional supplement for the chief judge.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 477. By Senator Johnson of the 1st:
A bill to amend an Act incorporating the City of Tybee Island, as amended, so as to change the corporate limits of said city.

2328

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 93, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

SB 478. By Senators Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County.

The following Committee substitute was read and adopted:

A BILL
To amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved February 27, 1990 (Ga. L. 1990, p. 3539), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4506), so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County; to change provisions relating to the designa tion of the second judge; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved February 27, 1990 (Ga. L. 1990, p. 3539), and an Act approved April 1, 1994 (Ga. L. 1994, p. 4506), is amended by striking Sections 1 through 1C in their entirety and inserting in lieu thereof the following:
"SECTION 1. (a) The presiding judge of the Juvenile Court of Cobb County shall receive an annual salary of $70,980.00 to be paid in equal monthly installments from the general funds of Cobb County. (b) The other judge of the Juvenile Court of Cobb County shall receive an annual salary of $69,480.00 to be paid in equal monthly installments from the general funds of Cobb County.
SECTION 1A. The chief judge of the superior courts of the Cobb Judicial Circuit is authorized to appoint a second judge of the Juvenile Court of Cobb County as provided by law. Said judge shall be designated as a judge and shall be compensated as provided by subsection (b) of Section 1 of this Act.
SECTION IB. Upon appointment of a second judge, the chief judge of the superior courts of the Cobb Judicial Circuit shall designate the senior judge in point of service of the Juvenile Court of Cobb County as presiding judge. In the event of any disagreement between said judges in any respect hereof, the decision of the presiding judge shall be controlling. In all matters relating to the matter of fixing, arranging for and disposing of the business of the court and court services, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the presiding judge as defined in this Act shall control. The presiding judge shall appoint the Director of Juvenile Court Services as provided by law.

FRIDAY, MARCH 17, 1995

2329

SECTION 1C. In the event a judge or judges of the juvenile court of the Cobb Judicial Circuit are appointed in place of the judge or judges of the Juvenile Court of Cobb County, all pro visions in this Act shall apply to the judge or judges appointed to the juvenile court of the Cobb Judicial Circuit; provided, however, that any service as a judge of the Juvenile Court of Cobb County shall be included in determining the judge senior in service of the juvenile court of the Cobb Judicial Circuit for the purposes of appointing a presiding judge."
SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 93, nays 11.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Lee of the 94th moved that the House suspend the rules in order to have a Rules Calendar today.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Bailey Baker
Y Bannister Y Barfoot Y Bargeron
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 YBuck Y Buckner Bunn
Y Burkhalter YByrd
Campbell Y Canty
Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B YColeman, T
Connell YCox Y Crawford

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

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

On the motion, the ayes were 119, nays 2.

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

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

2330

JOURNAL OF THE HOUSE,

The motion prevailed.

Representative Woods of the 32nd arose to a point of personal privilege and addressed the House.

The following Resolutions of the House were read and adopted:

HR 602. By Representative Jenkins of the 110th: A resolution commending Coach Dan Pitts of Mary Persons High School.

HR 603. By Representative Martin of the 47th: A resolution commending Paul J. Wiesner, M.D.

HR 604. By Representatives Skipper of the 137th, Chambless of the 163rd, Floyd of the 138th, James of the 140th, White of the 161st and others:
A resolution commending the Association County Commissioners of Georgia.

HR 605. By Representative Martin of the 47th: A resolution commending Edna F. Killum.

HR 606. By Representative Bailey of the 93rd: A resolution commending Jack B. Hardy on the occasion of his retirement.

HR 607. By Representative Bailey of the 93rd: A resolution commending Bill Kilgore on the occasion of his retirement.

HR 608. By Representative Bailey of the 93rd:
A resolution commending Herbert G. Fenton on the occasion of his retire ment.

HR 609. By Representative Bailey of the 93rd: A resolution commending James S. Davis on the occasion of his retirement.

HR 610. By Representative Bailey of the 93rd:
A resolution commending Ronald R. Barnes on the occasion of his retire ment.

HR 611. By Representative Bailey of the 93rd:
A resolution commending David L. Canaday on the occasion of his retire ment.

HR 612. By Representative Bailey of the 93rd:
A resolution commending Ralph F. Weatherford on the occasion of his retire ment.

FRIDAY, MARCH 17, 1995

2331

HR 613. By Representative Bailey of the 93rd:
A resolution commending Donald B. Scoggins on the occasion of his retire ment.

HR 614. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending Betsy Ramsey.

HR 615. By Representatives Bailey of the 93rd, Lee of the 94th and Benefield of the 96th:
A resolution commending the Reverend Arthur Smith.

HR 616. By Representative Bailey of the 93rd: A resolution commending Susie McCray.

HR 617. By Representatives Bailey of the 93rd and Lee of the 94th: A resolution commending Robert Lee and Stephen Stanley.

HR 618. By Representative Bailey of the 93rd: A resolution commending Jason R. Nesbit.

HR 619. By Representative Bailey of the 93rd: A resolution commending Travis L. Toole.

HR 620. By Representative Bailey of the 93rd: A resolution commending William J. Salter.

HR 621. By Representative Bailey of the 93rd: A resolution commending Joseph Brian Hildreth.

HR 622. By Representative Bailey of the 93rd: A resolution commending Edward Frothingham IV.

HR 623. By Representative Bailey of the 93rd: A resolution commending Christopher B. Chambless.

HR 624. By Representative Bailey of the 93rd: A resolution commending Charlie E. McKinley IV.

HR 625. By Representative Bailey of the 93rd: A resolution commending Dustin L. Strauss.

HR 626. By Representative Bailey of the 93rd: A resolution commending Kevin R. Burnett.

2332

JOURNAL OF THE HOUSE,

HR 627. By Representative Bailey of the 93rd: A resolution commending David W. Jenkins.

HR 628. By Representative Bailey of the 93rd: A resolution commending George 0. "Chip" Smith.

HR 629. By Representative Bailey of the 93rd: A resolution commending Andrew C. Kemp.

HR 630. By Representative Bailey of the 93rd: A resolution commending Joshua T. H. Brackett.

HR 631. By Representative Bailey of the 93rd: A resolution commending Jason B. Gawel.

HR 632. By Representative Bailey of the 93rd: A resolution commending Brandon J. Purington.

HR 633. By Representative Bailey of the 93rd: A resolution commending Joshua J. Baker.

HR 634. By Representative Bailey of the 93rd: A resolution commending Jason H. Riley.

HR 635. By Representative Bailey of the 93rd: A resolution commending Daryl Leckie.

HR 636. By Representative Bailey of the 93rd: A resolution commending Daniel R. Kinsey.

HR 637. By Representative Bailey of the 93rd: A resolution commending Richard W. Sosebee, Jr.

HR 638. By Representatives Cox of the 160th and Greene of the 158th:
A resolution commending the Town of Jakin, Georgia, on the occasion of its centennial celebration.

HR 639. By Representative Bailey of the 93rd: A resolution commending Dr. William J. Lacy.

HR 640. By Representative Bailey of the 93rd: A resolution expressing regret at the passing of Bobbie Russell.

FRIDAY, MARCH 17, 1995

2333

HR 641. By Representative Parsons of the 40th:
A resolution commending the Sprayberry High School Marching "Band of Gold".

HR 642. By Representative Stephenson of the 25th: A resolution commending Bobby "The Barbarian Blacksmith" Patterson.

HR 643. By Representatives Hart of the 116th and DeLoach of the 119th:
A resolution commending the Mt. Olive African Methodist Episcopal (A.M.E.) Church on the occasion of its 108th anniversary.

HR 644. By Representative Mobley of the 86th: A resolution commending Mrs. Kate C. Nicholson.

HR 645. By Representatives Smyre of the 136th, Murphy of the 18th, Buck of the 135th, Coleman of the 142nd and Connell of the 115th:
A resolution commending the University System of Georgia Outstanding Scholars on Academic Recognition Day.

HR 646. By Representative Jones of the 71st:
A resolution honoring and congratulating Big Miller Grove Baptist Church on the occasion of its anniversary.

HR 647. By Representative Jones of the 71st:
A resolution honoring and congratulating Victory Baptist Church on the occasion of its anniversary.

HR 648. By Representative Jones of the 71st:
A resolution honoring and congratulating New Birth Missionary Baptist Church on the occasion of its anniversary.

HR 649. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
A resolution commending Mary Jo Foster, Judy Brock, and Judy Taylor.

HR 650. By Representative Teague of the 58th: A resolution commending the Georgia State Council of Machinists.

HR 651. By Representative Jones of the 71st:
A resolution honoring and congratulating Greater Piney Grove Baptist Church on the occasion of its anniversary.

HR 652. By Representative Teague of the 58th: A resolution commending the late Ishmael Hicklen and Louise R. Hicklen.

2334

JOURNAL OF THE HOUSE,

HR 653. By Representatives Smyre of the 136th, Buck of the 135th, Culbreth of the 132nd, Taylor of the 134th, Hugley of the 133rd and others:
A resolution recognizing and commending Mr. W. G. Hartline, President, Columbus Technical Institute, Columbus, Georgia, on his upcoming retire ment on June 30, 1995.

HR 654. By Representative Poston of the 3rd: A resolution commending James William "Jamey" Stevens.

HR 655. By Representative Poston of the 3rd: A resolution commending Kristeen Faye "Kris" Templeton.

HR 656. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending Ms. Geraldine W. Hudley.

HR 657. By Representative Rogers of the 20th: A resolution commending Martha Story Hope.

HR 658. By Representative Bailey of the 93rd:
A resolution recognizing and commending the school crossing guards of the Clayton County school system.

HR 659. By Representative Powell of the 23rd: A resolution commending Dr. Kirk F. Hartsfield.

HR 660. By Representative Thomas of the 148th:
A resolution recognizing International Longshoremen's Association Local 1414.

HR 661. By Representatives Smith of the 169th, Tillman of the 173rd, Smith of the 174th and Coleman of the 142nd:
A resolution commending Mr. Billy R. Gibson, Sr.

HR 663. By Representatives Byrd of the 170th and Mosley of the 171st: A resolution commending Christy Surrency.

HR 664. By Representative Jenkins of the 110th:
A resolution commending the Monroe Academy Lady Mustangs on winning the 1995 Georgia Independent School Association basketball championship.

HR 665. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Murphy of the 18th, Buckner of the 95th and others:
A resolution commending the Clayton County Water Authority.

HR 666. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th and Murphy of the 18th:
A resolution commending Grady and Gerald Matthews.

FRIDAY, MARCH 17, 1995

2335

HR 667. By Representative Williams of the 63rd: A resolution commending Mr. James D. Robinson III.

HR 668. By Representatives Coleman of the 142nd, Twiggs of the 8th, Mobley of the 86th and Street of the 167th:
A resolution commending and expressing appreciation to C. H. Wofford on the occasion of his retirement.

HR 669. By Representative Streat of the 167th:
A resolution recognizing the Atkinson County High School Rebels basketball team.

HR 670. By Representative Streat of the 167th: A resolution commending Lloyd McDonald.

HR 671. By Representatives Smith of the 169th and Mosley of the 171st: A resolution commending Mrs. Maud Estelle Harris Joyner Lucas.

HR 672. By Representatives Teper of the 61st, Henson of the 65th, Sinkfield of the 57th, Martin of the 47th, Ashe of the 46th and others:
A resolution commending the Atlanta Chapter of the American Jewish Com mittee on its 50th Anniversary.

HR 673. By Representatives Byrd of the 170th, Barnes of the 33rd and Chambless of the 163rd:
A resolution expressing regret at the passing of Charles "Charlie" Wiley Heath.

HR 674. By Representatives Byrd of the 170th, Purcell of the 9th, Birdsong of the 123rd and Reaves of the 178th:
A resolution expressing regret at the passing of Colonel Dewey Wilcox John son, Sr.

HR 675. By Representatives Byrd of the 170th, Barnes of the 33rd and Chambless of the 163rd:
A resolution commending Peyton Miles.

HR 676. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution commending Jennie Voyles.

HR 677. By Representatives Hembree of the 98th and Snelling of the 99th: A resolution commending Douglas County 911.

HR 678. By Representatives Buckner of the 95th, Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others:
A resolution commending the citizens of Japan for their participation in the 1996 Olympic Summer Games.

2336

JOURNAL OF THE HOUSE,

HR 679. By Representatives Buckner of the 95th, Benefield of the 96th and Lee of the 94th:
A resolution commending the Clayton County Greenways Council.

HR 680. By Representatives Buckner of the 95th, Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others:
A resolution commending the citizens of China for their participation in the 1996 Olympic Summer Games.

HR 681. By Representatives Buckner of the 95th and Pelote of the 149th: A resolution commending the Lake City Community Association.

HR 682. By Representatives Buckner of the 95th, Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others:
A resolution commending the citizens of Argentina for their participation in the 1996 Olympic Summer Games.

HR 683. By Representatives Buckner of the 95th, Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others:
A resolution commending the citizens of France for their participation in the 1996 Olympic Summer Games.

HR 684. By Representative Wall of the 82nd:
A resolution commending Honorable Ward Edwards, Doorkeeper, Honorable Dick Lane, Assistant Doorkeeper, and the other Doorkeepers of the House of Representatives.

HR 685. By Representatives Buckner of the 95th, Dixon of the 150th, Mueller of the 152nd, Bordeaux of the 151st, Thomas of the 148th and others:
A resolution commending the citizens of Germany for their participation in the 1996 Olympic Summer Games.

HR 686. By Representative Smith of the 109th: A resolution expressing regret at the passing of Dr. Jack Riley Newman.

HR 687. By Representatives Teper of the 61st, Poston of the 3rd, Holland of the 157th, Porter of the 143rd, Sinkfield of the 57th and others:
A resolution recognizing April 22, 1995, as Earth Day 1995.

HR 688. By Representatives McCall of the 90th, Hanner of the 159th, Channell of the lllth, Bailey of the 93rd, Jamieson of the 22nd and others:
A resolution recognizing Honorable Charles W. Yeargin and uring the State Board of Technical and Adult Education to designate the "Charles W. Yeargin Building".

HR 690. By Representatives Byrd of the 170th, Watts of the 26th, Lane of the 146th, Henson of the 65th, Channell of the lllth and others:
A resolution recognizing and commending Mrs. Julie Jordan.

FRIDAY, MARCH 17, 1995

2337

HR 691. By Representatives Snow of the 2nd, Joyce of the 1st and Perry of the llth:
A resolution commending the 1994 Ridgeland Lady Panthers Varsity Softball Team.

HR 692. By Representative Williams of the 83rd: A resolution commending the South Gwinnett High School Mock Trial team.

HR 693. By Representative Mobley of the 86th: A resolution commending Mrs. Margie Berry.

HR 694. By Representatives Felton of the 43rd, Walker of the 141st, Irvin of the 45th, Murphy of the 18th, Trense of the 44th and others:
A resolution commending the Protestant Radio and Television Center.

HR 695. By Representatives Smith of the 169th and Murphy of the 18th: A resolution commending Mr. Donald L. Tucker.

HR 696. By Representatives Buckner of the 95th and Lee of the 94th: A resolution commending the Morrow Civic Woman's Club.

HR 697. By Representatives Buckner of the 95th, Rogers of the 20th, Felton of the 43rd, Williams of the 63rd, Henson of the 65th and others:
A resolution commending the Georgia Federation of Women's Clubs.

HR 698. By Representative Buckner of the 95th: A resolution commending Allan and Bonnie Vigil.

HR 699. By Representatives Byrd of the 170th, Mosley of the 171st and Falls of the 125th:
A resolution recognizing the 125th anniversary and the Censilver Celebration of the founding of Hazlehurst, Georgia.

HR 700. By Representatives Bailey of the 93rd, Walker of the 141st, Lee of the 94th, Coleman of the 142nd and Murphy of the 18th:
A resolution commending Joseph M. "Mike" Elliott.

HR 701. By Representatives Bailey of the 93rd, Lee of the 94th, Benefield of the 96th, Manner of the 159th and Jamieson of the 22nd:
A resolution commending the Board of Commissioners of Clayton County.

HR 702. By Representative Teper of the 61st: A resolution commending Bernie Lovitky and the Kingdom of Tonga.

HR 703. By Representatives Murphy of the 18th, Lee of the 94th, Lane of the 146th and Buck of the 135th:
A resolution commending James V. Burgess, Jr.

2338

JOURNAL OF THE HOUSE,

HR 704. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending Barbara W. Coleman.

HR 705. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending Mr. Commodore Conyers.

HR 706. By Representatives Poston of the 3rd, Murphy of the 18th and Holland of the 157th:
A resolution expressing regret at the passing of Don A. Schanche.

HR 707. By Representative Barnes of the 33rd: A resolution in memory of Mr. William Gaines.

HR 708. By Representatives White of the 161st and Roberts of the 162nd: A resolution commending Mr. William Barry Wright.

HR 709. By Representatives White of the 161st, Smyre of the 136th, Murphy of the 18th, Childers of the 13th, Cummings of the 27th and others:
A resolution commending Dr. Robert L. "Jackey" Beavers.

HR 710. By Representative Rogers of the 20th:
A resolution recognizing and commending the East Hall High School Vikings Boys Basketball Team.

HR 711. By Representatives Holland of the 157th, Lee of the 94th, Murphy of the 18th and Dixon of the 168th:
A resolution expressing regrets at the passing of former Representative Roy N. Coker.

HR 712. By Representative Poston of the 3rd: A resolution commending Dona G. Woodham.

HR 713. By Representative Poston of the 3rd: A resolution commending Kandy C. Sims.

HR 714. By Representative Poston of the 3rd:
A resolution commending the educators of the Newcastle Upon Tyne, England, and Catoosa County, Georgia, for their participation in the School Partnership Program of the Georgia Department of Education.

HR 715. By Representative Poston of the 3rd:
A resolution commending the Lakeview-Fort Oglethorpe High School boys' basketball team.

HR 716. By Representatives Holland of the 157th and Hanner of the 159th:
A resolution commending the 1994 LEE COUNTY ALL STARS DIXIE YOUTH BASEBALL TEAM.

FRIDAY, MARCH 17, 1995

2339

HR 717. By Representatives Holland of the 157th and Chambless of the 163rd: A resolution commending MRS. GLENDA B. BROWN.

HR 718. By Representative Holland of the 157th: A resolution expressing regrets of the passing of MR. WILLIE A. POKE.

HR 719. By Representatives Holland of the 157th and Hanner of the 159th: A resolution expressing regrets of the passing of Monroe Quinn.

HR 720. By Representative Holland of the 157th: A resolution commending Walter Phelps.

HR 721. By Representative Holland of the 157th: A resolution commending WILLIAM SLEDGE.

HR 722. By Representatives Mueller of the 152nd, Day of the 153rd, Bordeaux of the 151st, Thomas of the 148th and Pelote of the 149th:
A resolution commending Homer Curtis Jenkins, Jr.

HR 723. By Representatives Smith of the 169th and Smith of the 175th: A resolution recognizing and commending Jennifer A. Handke.

HR 724. By Representative Poston of the 3rd:
A resolution commending the Lakeview-Fort Oglethorpe High School girls' basketball team.

HR 725. By Representative Holland of the 157th:
A resolution expressing regret at the passing of Rokita McKinley and Detravion Gilbert.

HR 726. By Representative Holland of the 157th: A resolution expressing regret at the passing of Mary Scott.

HR 727. By Representative Holland of the 157th:
A resolution congratulating Pinson Memorial United Methodist Church on the occasion of its 100th anniversary.

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

Mr. Speaker:

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

2340

JOURNAL OF THE HOUSE,

HB 1031.

By Representative Byrd of the 170th:
A bill to amend an Act providing a new charter for the City of Hazlehurst, so as to provide for a change of duties, work hours, and compensation of the mayor of said city.

HB 1029.

By Representative Twiggs of the 8th:
A bill to amend an Act reincorporating the City of Blairsville in the County of Union, so as to deannex certain property; to provide for new corporate limits.

HB 1023.

By Representatives Dobbs of the 92nd, Walker of the 87th and Stancil of the 91st:
A bill to amend an Act creating the Alcovy Judicial Circuit, so as to change the salary supplement for each superior court judge of the Alcovy Judicial Circuit.

HB 1022.

By Representative Smith of the 169th:
A bill to amend an Act entitled "An Act to revise and reenact the law creat ing a Board of Commissioners of Bacon County," so as to change the com pensation of the chairperson and members of the board of commissioners.

HB 1021.

By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act creating a board of commissioners of Pierce County, so as to change the descriptions of the commissioner districts and provide for definitions and inclusions of parts of commissioner districts.

HB 1020. By Representatives Smith of the 169th and Mosley of the 171st:
A bill to amend an Act providing for the composition and selection of the board of education of Pierce County, so as to change the descriptions of the education districts of the board.

HB 1017. 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 describe the corporate boundaries of such city.

HB 1002. By Representative Coleman of the 142nd: A bill to create the Heart of Georgia Regional Airport Authority.

HB 1007. By Representative Powell of the 23rd: A bill to provide a new charter for the Town of Boweraville.

HB 1001. By Representative Coleman of the 142nd:
A bill to provide that members of the board of education of Dodge County shall be nominated and elected in nonpartisan primaries and nonpartisan elections.

FRIDAY, MARCH 17, 1995

2341

HB 995. By Representatives Barnes of the 33rd, Sauder of the 29th, Coker of the 31st, Wiles of the 34th, Towery of the 30th and others:
A bill to amend an Act creating a new charter for the City of Smyrna, so as to authorize the finance officer of the city to waive certain interest and penalties due on unpaid ad valorem taxes.

HB 956. By Representative James of the 140th:
A bill to amend an Act providing for the board of education for the Macon County School District, so as to provide for compensation for the members of such board.

HB 936. By Representatives Wall of the 82nd and Johnson of the 84th:
A bill to amend an Act incorporating the City of Lawrenceville, so as to deannex and exclude certain property from the corporate limits of such city.

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.

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.

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.

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.

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.

2342

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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-

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.
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.

FRIDAY, MARCH 17, 1995

2343

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.

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.

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.

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.

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.

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.

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.

2344

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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

HR 195. By Representative Burkhalter of the 41st: A resolution designating the Old Milton Parkway.

HR 233. By Representative Streat of the 167th: A resolution designating the Private Lucy Matilda Gauss Bridge.

HR 276. By Representative Streat of the 167th: A resolution designating the James Cecil Harper, Jr., Bridge.

FRIDAY, MARCH 17, 1995

2345

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.

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.

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".

HR 388. By Representative Holland of the 157th:
A resolution authorizing the conveyance of certain state owned real property located in Worth County.

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.

HR 437. By Representative Jenkins of the 110th: A resolution designating Harold G. Clarke Parkway.

HR 438. By Representative Jenkins of the 110th: A resolution designating Benson Ham Road.

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".

HR 501. By Representative Lane of the 146th: A resolution designating the John R. McKinney Me'dal of Honor Highway.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the House:

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.

2346

JOURNAL OF THE HOUSE,

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.

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.

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.

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.

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.

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.

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.

FRIDAY, MARCH 17, 1995

2347

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

HR 78. By Representative Royal of the 164th: A resolution compensating Ms. Sue F. Condrey.

HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution compensating Ms. Charlotte Brandenburg.

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.

The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

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.

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".

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.

The Senate has agreed to the House substitute to the following bills of the Senate:

2348

JOURNAL OF THE HOUSE,

SB 49. By Senators Crotte 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.
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.
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.
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.

SB 404. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd 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; to define terms; to provide for the purposes of the institute; to provide for the powers of the institute; to provide for a board of directors and a director of the institute; to provide for the powers and duties of the director of the institute; to provide that the costs of operating the institute shall be paid from public funds.

The Senate has agreed to the House substitute to the following resolutions of the Sen ate:

SR 12. By Senator Hooks of the 14th: A resolution designating the J. L. Turner Bridge.

FRIDAY, MARCH 17, 1995

2349

SR 248. By Senators Cheeks of the 23rd and Walker of the 22nd:
A resolution authorizing the conveyance of certain state owned real property located in Richmond County, Georgia, subject to provisions of a certain lease agreement, as amended.

The Senate has agreed to the House amendments to the following bills of the Senate:

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.

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.

The Senate has agreed to the House amendment to the Senate amendment to the fol lowing bills of the House:

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.

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.

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 Senate has agreed to the House amendment to the Senate substitute to the fol lowing bill of the House:

2350

JOURNAL OF THE HOUSE,

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 Senate has disagreed to the House substitute to the following bill of the Senate:

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.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Newbill of the 56th, Marable of the 52nd and Hill of the 4th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Dean of the 31st, Langford of the 29th and Cagle of the 49th.

The Senate adheres to its disagreement to the House amendment to the Senate sub stitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the House:

FRIDAY, MARCH 17, 1995

2351

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.

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

Senators Starr of the 44th, Perdue of the 18th and Edge of the 28th.

The Senate adheres to its amendment to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Johnson of the 1st, Farrow of the 54th and Oliver of the 42nd.

The Senate recedes from its substitute to the following bill of the House:

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 Senate has passed, as amended, by the requisite constitutional majority the fol lowing bills of the House:

HB 985. By Representatives Ehrhart of the 36th, Wiles of the 34th, Towery of the 30th and others:
A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators and the number of assistant district attorneys thpe Hdiisstrirctt. nattorneyv is nauiithorized to falpnpnoint.

2352

JOURNAL OF THE HOUSE,

HB 1013.

By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the mem bers of the board of county commissioners, the sheriff, the judge of the pro bate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

HB 1016.

By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Development Authority, so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following bill of the House:

HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Thomas of the 10th, Edge of the 28th and Egan of the 40th.

The Senate adheres to its amendment and has appointed a Committee of Conference on the following bill of the House:

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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Egan of the 40th, Stokes of the 43rd and Henson of the 55th.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

FRIDAY, MARCH 17, 1995

2353

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 202

The Committee of Conference on HB 202 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 202 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ George Hooks Senator, 14th District

/s/ Terry L. Coleman Representative, 142nd District

/s/ Charles W. Walker Senator, 22nd District

/s/ Larry Walker Representative, 141st District

/s/ Walter S. Ray Senator, 19th District

M Thomas B. Buck, III Representative, 135th District

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.

PARTI.

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........................................................................................$

25.029.738 13,446,641
3,781,803 2,612,366
91,500 7,000
0 225,000

2354

JOURNAL OF THE HOUSE,

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....................................................................!

538,000 5,000
667,000 93,970
2,333,658 95,000
25!o29 25,029,738

Senate Functional Budgets

Total Funds

State Funds

Senate and Research Office Lt. Governor's Office Secretary of the Senate's Office Total

$

3,743,483

801,781

1,139.854

$

5,685,118

3,743,483
801,781 1.139.854 5,685,118

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

9,687,692

560,470

$

1,423.074

11,671,236

9,687,692 560,470
1.423.074 11,671,236

Joint Functional Budgets

Total Funds

State Funds

Legislative Counsel's Office Legislative Fiscal Office
Legislative Budget Office Ancillary Activities Total

$

2,556,899

2,261,462

995,528

1,859,495

7,673,384

2,556,899 2,261,462
995,528 1.859.495
7,673,384

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

FRIDAY, MARCH 17, 1995

2355

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....................................................................!

18.664.008 15,720,708
438,520 521,450 137,535 39,800 869,790 69,850 728,230 138.125 18,664,008 18,664,008

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....................................................................!

74.187.472 11,056,998 61,351,345 2,015,363
346,841 1,290,967
148,098 14,450 76,500 139,869 25,835 20,450 12,050 31,040 300,000 683.800 77,513,606 74,187,472

Judicial Branch Functional Budgets

Total Funds

State Funds

Supreme Court Court of Appeals Superior Court Juvenile Court

6,112,968 7,192,296 55,910,873 1,077,570

!

5,515,675

!

7,142,296

$

53,297,032

!

1,077,570

2356

JOURNAL OF THE HOUSE,

Institute of Continuing Judicial Education
Judicial Council Judicial Qualifications Commission Indigent Defense Council Georgia Courts Automation
Commission Georgia Office Of Dispute
Resolution Total

711,007 1,758,214
157,718 3,000,000
1,363,811
229,149 77,513,606

711,007 1,693,214
157,718 3,000,000
1,363,811
229,149 74,187,472

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 ......................................$ Health Planning Review Board Operations................................! Payments to Aviation Hall of Fame ............................................$ Payments to Golf Hall of Fame....................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

38.734.370 45,039,093 12,822,918
369,633 322,960 1,747,682 17,025,849 3,388,100 2,825,869 2,242,890 11,737,750
0 2,750,000
0
781,972 56,559,700
896,550 22,000,000
250,000 35,000 48,500 85.000 180,929,466 38,734,370

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

1,459,213 3,023,590 12,712,772
521,505 2,963,122
573,590 18,545,827 43,647,545 4,255,144 77,819,780 7,034,410 2,379,210 1,278,892 2,683,250
485,878

647,910 2,895,078 9,962,772
521,505 2,963,122
0 0 14,048,279 0 5,850,000 0 0 0 250,000 485,878

FRIDAY, MARCH 17, 1995

2357

Distance Learning and Telemedicine
Office of the Treasury State Office of Administrative
Hearings Total

0 965,336
580,402 180,929,466

0 634,424
475.402
38,734,370

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

0 20,980,434 5,096,676
12,000 314,000 310,850 110,100 15,071 176,933 255,000
0 9,000,000
80,000 0
36,351,064 0

Departmental Functional Budgets

Total Funds

State Funds

Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total

$

1,626,249

$

0

5,638,802

$

0

4,640,092

$

0

6,667,136

$

0

380,794

0

4,005,645

0

13,392,346

0

0

0

0

0

36,351,064

0

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 .....................................$

37.476.571

2358

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment.................. ......................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ 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....................................................................!

32,015,270 4,530,070
959,114 626,192 447,575 450,000 814,475 412,585 990,107 946,000
2,591,940
2,535,464 412,000 100,000 175,000
705,708 250,000
0 0
40,000 0
49,001,500 37,476,571

Departmental Functional Budgets

Total Funds

State Funds

Plant Industry Animal Industry Marketing Internal Administration Fuel and Measures Consumer Protection Field Forces Seed Technology Total

8,241,733 15,509,681 6,768,104 6,443,897 3,381,727 8,074,143
582.215 49,001,500

7,460,733 12,561,689 3,093,104 6,174,397 3,252,027 4,934,621
0 37,476,571

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....................................................................!

0 867,358 173,980
5,500 12,700 35,150 5,000
0 7,500 9,500 140,000 109.500 1,366,188

FRIDAY, MARCH 17, 1995

2359

State Funds Budgeted....................................................................$

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.....................................,.....................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

9.237.778 7,551,993
466,380 399,855 78,955
6,800 312,033 327,850 78,912 15.000 9,237,778 9,237,778

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....................................................................!

126,604,705 74,622,305 5,884,954
889,360 293,990 363,781 243,289 1,664,144 900,825 5,605,100 2,200,745 562,330 3,715,495 20,243,332 13,398,930
0 130,588,580 126,604,705

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

!

29,260,534

!

12,729,929

!

9,323,199

$

5,676,392

!

5,430,976

!

15,217,662

!

2,432,564

!

475,427

!

1,019,900

$

35,536,922

!

962,375

!

670,644

!

7,704,736

!

4.147.320

! 130,588,580

$

28,228,534

$

12,186,029

$

8,765,530

$

5,428,894

!

5,165,195

$

15,070,858

$

2,432,564

$

475,427

$

1,019,900

$

34,736,699

$

962,375

$

670,644

$

7,704,736

$

3.757.320

$ 126,604,705

2360

JOURNAL OF THE HOUSE,

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 ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ ARC Revolving Loan Fund ...........................................................$ Contracts for Regional Planning and
Development ................................................................................$ 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....................................................................$

34,348.807 5,964,998
334,240 170,205
0 7,180 146,005 513,430 49,090 217,000
0
2,272,825 6,442,338
97,100 30,000,000
250,000 774,059 126,790 750,000 4,625,000 9,607,000
2,305,898 1,000,000
750,000
216,138 0
225,000 0
66,844,296 34,348,807

Departmental Functional Budgets

Total Funds

State Funds

Executive and Administrative Division
Planning, Information and Management Division
Business and Financial Assistance Division
Total

$

30,204,884

$

3,880,669

$

32.758.743

$

66,844,296

$

28,930,817

$

3,707,663

1.710.327
34,348,807

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......................................................!

682.249.089 472,374,436 56,134,874
2,202,700 3,128,720 4,498,745 5,530,990 5,921,101 6,930,550 8,059,901

FRIDAY, MARCH 17, 1995

2361

Capital Outlay .................................................................................$ UtUities.............................................................................................$ 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....................................................................$

3,834,450 22,530,660 1,100,000 16,893,100 5,370,000
0 1,152,000 4,059,700
1,376,000 461,160
1,300,000 66,606,416
63,420
366,244 734,000 690,629,167 450,000
0 682,249,089

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutions and Support Probation Total

81,814,692 497,741,526 111,072,949 $ 690,629,167

80,060,282 494,484,033 107.704,774 682,249,089

B. Budget Unit: Board of Pardons and Paroles ...............................$ Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases ...............................................................$
Computer Charges...... ................................... ..................................$ Real Estate Rentals ...................................................................,....$ Telecommunications .................,.....................................................$ Per Diem, Fees and Contracts ......................................................$ County Jail Subsidy......... ....... ........................................................$ Health Services Purchases.............................................................$ Total Funds Budgeted..........................,.........................................$ State Funds Budgeted....................................................................!

41,369.832 33,181,024
1,560,147 587,000 78,000 271,000 313,200
2,634,111 951,700
1,118,650 650,000 25.000
41,369,832 41,369,832

Section 11. Department of Defense. Budget Unit: Department of Defense ................................................$
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..............................................................,.....$

4.694.610 9,171,902 6,644,215
29,375 15,791 28,840 11,125 24,400 40,825 456,000
0 16,422,473

2362

JOURNAL OF THE HOUSE,

State Funds Budgeted...............................................................

4,694,610

Departmental Functional Budgets

Total Funds

State Funds

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

1,421,624 5,078,563 9.922.286 16,422,473

1,288,020

332,380

3,074.210

$

4,694,610

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)......................................................................!

3.702,945,970
36,649,409 5,568,020 1,145,152
139,665 341,214 7,792,978 1,514,966 1,280,329 18,218,402 962,485
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 95,532,367 627,250,894 136,815,917 (658,824,689)
0 150,155,595
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

FRIDAY, MARCH 17, 1995

2363

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 .................................................................$ Youth Apprenticeship Grants .......................................................$ Remedial Summer School..............................................................? Alternative Programs......................................................................? Superintendent's Base Salary.......................................................? Environmental Science Grants......................................................? Pay for Performance.......................................................................? Mentoring Program.........................................................................? Charter Schools...............................................................................? Technology Specialist.....................................................................? Total Funds Budgeted....................................................................? Indirect DOAS Services Funding.................................................? State Funds Budgeted....................................................................?

2,005,097 8,899,461 3,528,045 21,827,731 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 6,000,000
164,514 5,042,895
273,723
99,047,892 14,199,935 1,250,000
0 1,842,422
382,597 4,340,000 1,875,664 12,126,442
0 100,000 3,000,000 500,000 50,000 12.827,367 4,204,405,398 340,000 3,702,945,970

Departmental Functional Budgets

Total Funds

State Funds

State Administration Instructional Services Governor's Honors Program Administrative Services Special Services Professional Practices Commission

?

7,393,770

?

23,566,326

?

1,243,947

?

17,497,955

?

6,436,607

$

902,314

?

6,591,747

?

18,920,099

?

1,159,121

$

13,257,344

?

3,062,640

?

902,314

2364

JOURNAL OF THE HOUSE,

Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

4,131,142,778 5,192,239 5,971,310 5.058.152
4,204,405,398

3,643,619,324 4,949,611 5,742,214 4.741.556
3,702,945,970

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 ................................................................$

181.656.245 157,646,245
0 500,000
0 5,000,000
900,000 0
250,000 13,000,000 1,200,000 1,000,000 2,160.000 181,656,245 181,656,245

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....................................................................!

36.533,648 30,021,438 5,931,099
159,937 1,313,670 1,757,312
416,000 54,764 928,106 486,831
0 30,000 60,000 241.752 41,400,909 36,533,648

Departmental Functional Budgets

Total Funds

State Funds

Reforestation

1,777,188

26,304

FRIDAY, MARCH 17,1995

2365

Field Services General Administration and
Support Total

35,453,642

4,170.079

$

41,400,909

32,505,420
4.001.924 36,533,648

Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation .................................$
Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications......................................................................^ Per Diem, Fees and Contracts ......................................................$ Evidence Purchased ........................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

46,352.276 33,685,416 4,061,588
524,727 830,397 1,786,463 761,736 2,063,323 885,811 1,243,815 509,000
0 46,352,276 46,352,276

Departmental Functional Budgets

Total Funds

State Funds

Administration Investigative Georgia Crime Information Center Forensic Sciences Total

$

3,778,310

$

24,315,275

$

8,339,238

$

9,919,453

$

46,352,276

3,778,310 24,315,275 8,339,238 9.919.453 46,352,276

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........,...........................................................$

31.692,063 15,412,038
995,619
304,734
0
108,346 685,977 1,019,100 378,556 5,103,427 3,512,745 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 39,140,145 31,692,063

2366

JOURNAL OF THE HOUSE,

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

$

7,217,745

$

993,023

$

7,982,873

$

5,332,770

$

2,858,219

$

356,491

$

591,704

$

1,351,302

$

1,900,826

$

320,864

$

4,828,157

$

5,179,611

$

226.560

$

39,140,145

$

7,217,745

$

835,023

$

7,982,873

$

4,546,670

?

2,858,219

?

89,065

?

591,704

$

411,983

?

547,826

?

320,864

?

4,828,157

?

1,235,374

$

226.560

$

31,692,063

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 .......................................$ Postage..............................................................................................? Payments to DMA-Community Care...........................................$ Total Funds Budgeted....................................................................? Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................?

710.265.627
52,015,872 2,271,923 1,372,316 1,691,555
96,548 4,878,258 6,366,179 1,381,559
691,236 284,000 46,878,658 36,680,743
73,440
1,002,368 15.826.037 171,510,692
412,600 109,405,758

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

6,450,406 2,109,121 46,878,658 20,190,555 5,600,530 2,051,883

5,793,207 2,109,121 34,994,603 18,547,401 4,346,534 2,051,883

FRIDAY, MARCH 17, 1995

2367

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

1,192,636 2,986,341 9,487,377 6,224,787 6,161,808 1,847,154 1,810,640
0 523,853 56,264,499 1,730,444 171,510,692

1,182,636 2,986,341 3,947,274 2,319,475 5,961,808 1,847,154 1,810,640 (8,297,568)
523,853 27,630,952
1.650.444 109,405,758

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....................................................................!

53,551,370 77,600,568
946,970 0
99,005 1,381,103 5,172,215 1,177,762 1,232,086
0 315,247 4,007,000
0 656,222
0 682,869 12,186,281 119,643,795
34,500 123,731 845.769 279,656,493 549,718 151,789,843

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 Primary Health Care

!

12,169,559

!

1,293,984

$

1,451,729

$

2,242,161

$

4,301,429

!

5,505,221

!

2,584,776

!

10,296,275

!

82,463,644

!

61,489,732

!

13,789,517

!

3,274,089

!

1,980,145

!

12,039,884

!

1,048,455

$

1,241,554

!

1,712,161

!

3,905,127

$

5,393,221

!

400,525

!

5,627,978

!

0

$

60,590,878

!

6,960,374

!

2,217,541

!

1,835,982

2368

JOURNAL OF THE HOUSE,

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

$

495,945

$

987,181

$

6,558,655

$

1,105,489

$

1,363,586

$

2,068,862

$

1,053,952

$

542,182

$

4,960,352

$

1,072,310

$

0

$

1,916,394

$

1,882,812

$

2,528,591

$

872,038

$

5,566,771

$

4,136,288

$

427,606

$

8,722,158

$

11,040,507

$

3,316,626

$

3,242,270

$

177,529

$

12,776,128

$

0

$ 279,656,493

$

345,955

$$

17,244 5,237,894

$$$$$

757,689 505,089 893,724 1,053,952 542,182

$$

4,960,352 875,085

$

0

$$

1,824,179 1,653,133

$

2,305,773

$

695,945

$

5,446,771

$

1,567,182

$

248,157

$

4,643,406

$

1,202,280

$

2,560,006

$

2,181,510

$

160,032

$

10,674,341

$ (1,535,718) $ 151,789,843

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 .............................................................................................$
Total Funds Budgeted....................................................................$ Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................$

73,081,291 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 10,829,323 215,000 937,269 814.786 141,715,580 100,000 24,247,831

Departmental Functional Budgets

Total Funds

State Funds

District Field Services Independent Living Sheltered Employment Community Facilities State Rehabilitation Facilities

47,367,648 1,018,606 1,717,161 9,369,483 6,812,589

$

10,299,779

$

719,491

$

817,687

$

3,431,010

$

1,452,195

FRIDAY, MARCH 17, 1995

2369

Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for Blind Roosevelt Warm Springs Institute Total

809,166 4,143,644
722,458 33,984,616 12,409,975 23,360,234 $ 141,715,580

0 1,312,832
722,458
0 827,513 4,664.866 24,247,831

4. Family and Children Services Budget: Personal Services.............................................................................! Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .
Real Estate Rentals ........................................................................$ Per Diem, Fees and Contracts ......................................................$ Computer Charges...........................................................................$ Telecommunications.......................................................................! Children's Trust Fund....................................................................$ Cash Benefits ...................................................................................$ Special Purpose Contracts.............................................................! Service Benefits for Children........................................................! Purchase of Service Contracts ......................................................$ Postage..............................................................................................! Grants to County DFACS - Operations ......................................$ Total Funds Budgeted....................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

44,005,628 4,430,544
941,517 0
379,848 2,861,264 19,454,509 27,722,082 9,652,808 2,201,792 450,318,784 4,939,195 204,014,909 15,530,266 4,637,256 285.051.896 1,076,142,298 2,565,582 424,822,195

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 Employability Benefits Legal Services

551,661 4,312,973 6,705,847 3,858,939 12,160,182 1,149,049 2,057,539 31,896,839 59,709,900 438,479,664
100 2,799,420 9,893,600
113,919,026
87,946,600 3,190,752
8,034,943
61,607,240
13,544,087 28,898,186 3,190,503

!

551,661

!

3,917,780

!

5,393,171

$

3,858,939

$

923,957

!

1,149,049

!

1,867,917

!

14,148,713

!

4,834,840

! 166,709,968

!

100

!

0

!

0

!

56,892,944

!

31,527,769

!

0

!

2,456,667

!

31,354,234

!

5,211,640

!

11,695,177

!

2,420,990

2370

JOURNAL OF THE HOUSE,

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

37,078,856 10,625,850 2,339,602 10,978,269 11,544,785 105,227,651
156,620 2,081,823 2,201,792
0 1,076,142,298

24,777,679 8,329,504 2,117,103 8,237,408
7,408,642 32,696,098
156,620 2,057,591 2,201,792 (8.075.768) 424,822,195

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....................................................................!
Departmental Functional Budgets
Total Funds

222,654,161 96,156,213 4,389,414
1,774,555 1,198,719 13,514,435 39,139,472 32,566,650 13,153,547
0 315,247 4,007,000
0 656,222 25,005,093 28,505
0 2,201,792 450,318,784 6,619,227 250,893,567 75,226,613 119,643,795
322,940 937,269 6,578,141 15,826,037 845,769 285,051,896
503.305.440 367,486,851 61,336,021
847,000 12,310,286 2,021,190 272.400.359 716,401,707 2,404,100 503,305,440
State Funds

FRIDAY, MARCH 17, 1995

2371

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 Ser vices State Administration Regional Administration Total

40,792,945 33,252,924 27,526,271
22,348,015
28,934,664
29,746,126 146,751,101
19,427,838
51,652,648 19,807,663 3,846,635 1,610,633 123,716,464
102,125,861
51,086,233 10,107,865 3,667,821 716,401,707

$

25,677,675

$

14,543,596

$

25,608,469

$

20,461,123

$

21,471,929

$$

25,191,135 86,804,338

$

17,746,517

$$

22,329,112 17,021,424

$$

2,937,700 1,415,133

$ 117,482,497

$

65,810,955

$$

28,412,745 6,723,271

$$

3.667.821 503,305,440

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 ...............................................
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....................................................................!

25,876,096 9,405,142 1,621,570
360,000 59,978 142,672 154,666 1,042,415 302,000 1,343,178 181,600 10,859,580 1,240,000 43,095 50,000
0 26,805,896 25,876,096

Departmental Functional Budgets

Total Funds

State Funds

Administration Economic Development Trade Tourism Total

15,412,679 4,645,599 1,694,389 5,053.229 26,805,896

$

14,792,879

$

4,545,599

$

1,694,389

$

4.843.229

$

25,876,096

Section 19. Department of Insurance.

2372

JOURNAL OF THE HOUSE,

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 ....................................................$ Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

15.756.518 13,982,959
722,723 401,560 113,850
66,880 442,990 806,814 317,300 208,242
0 17,063,318 15,756,518

Departmental Functional Budgets

Total Funds

State Funds

Internal Administration Insurance Regulation Industrial Loans Regulation Fire Safety and Mobile
Home Regulations Total

4,263,447 6,820,532
551,813

$

5.427.526

17,063,318

4,263,447 6,820,532
551,813
4,120,726 15,756,518

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....................................................................!

7.942.762 68,510,067 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 3.685.000 163,894,364 7,942,762

Departmental Functional Budgets

Total Funds

State Funds

Executive Offices/Administrative Services
Employment and Training Services Total

29,192,936 134,701,428 163,894,364

!

5,421,641

!

2.521.121

!

7,942,762

Section 21. Department of Law. Budget Unit: Department of Law.......................................................!
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel................................................................................................! Motor Vehicle Purchases...............................................................! Equipment........................................................................................! Computer Charges...........................................................................!

12.248.879 11,046,739
610,488 129,322
0 65,240 360,793

FRIDAY, MARCH 17, 1995

2373

Real Estate Rentals ........................................................................$ Telecommunications.......................................................................* Per Diem, Fees and Contracts ......................................................$ Books for State Library .................................................................$ Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*

504,813 140,424 150,000 147.000 13,154,819 12,248,879

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...............................................................................* Total Funds Budgeted....................................................................* State Funds Budgeted....................................................................*

1.202.531.154 14,972,985 4,937,733 188,400 0 39,500 27,341,065 885,000 425,000 67,660,024
3,338,926,348 772.500
3,456,148,555 1,202,531,154

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

*

61,232,434

3,338,926,348 1,259,211 33,326,976 2,331,319 1,046,308

4,914,710 6,329,237 1,725,946 5.056.066 3,456,148,555

$

2,826,097

1,178,597,996 453,498
10,312,656 995,004 439,449

2,420,877 3,164,618
792,926 2.528.033 1,202,531,154

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.............................................................................* Regular Operating Expenses .........................................................* Travel................................................................................................* Equipment........................................................................................* Real Estate Rents ...........................................................................$ Per Diem, Fees and Contracts ......................................................* Computer Charges...........................................................................* Telecommunications.......................................................................* Health Insurance Payments ..........................................................*

0 8,564,000 1,885,130
88,512 14,161 921,758 159,320,065 3,275,673 419,923 858.178.798

2374

JOURNAL OF THE HOUSE,

Total Funds Budgeted....................................................................! Other Agency Funds .......................................................................$ Agency Assessments........................................................................! Employee and Employer Contributions ......................................$ Deferred Compensation..................................................................! State Funds Budgeted....................................................................!

1,032,668,020 142,256
11,875,396 1,020,494,396
155,972 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

3,036,925

!

0

2,587,089

!

0

1,363,169

!

0

1,317,101

!

0

1,319,859

!

0

1,019,564,515

!

0

928,350

!

0

2,551,012

!

0

1,032,668,020

!

0

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.........................................................................................! 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

92.677,562 72,346,726 15,299,301
534,933 2,469,914 2,532,611 2,581,324 3,135,758
864,113 1,260,624
40,000 200,000 2,645,300
943,810 2,719,500
225,000 800,000 350,000 1,300,000 35,000
0 500,000
800,000 270,000 800,000
100,000 106,513
170,047 279,545
300,000

FRIDAY, MARCH 17, 1995

2375

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 Lamer Islands
Development Authority..............................................................? Receipts from North Georgia Mountain
Authority...............................................................,......................! Indirect DOAS Funding.................................................................! State Funds Budgeted....................................................................!

0 31,000 11,512,235 5,276,344
2,281,543 100,000 7.000
132,818,141
888,185
3,809,517
2,663,931
1,422,256 200,000
92,677,562

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

3,649,615 2,555,848 2,351,344
41,567,320 2,430,445 35,290,759 43,733,688 1.239.122
132,818,141

!

3,649,615

!

2,555,848

!

1,861,344

!

16,459,854

!

2,309,936

!

30,546,338

!

34,055,505

!

1.239.122

!

92,677,562

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 2,281,819 1,774,578
21,059 12,000 85,000 15,000
0
38,000
645,000 0
4,872,456 0

Departmental Functional Budgets

Total Funds

State Funds

Georgia Agricultural Exposition

Authority

!

4,872,456

!

0

Section 25. Department of Public Safety. A. Budget Unit: Department of Public Safety... 1. Operations Budget:

101.499.190

2376

JOURNAL OF THE HOUSE,

Personal Services.............................................................................$ Regular Operating Expenses .........................................................$ Travel................................................................................................$ Motor Vehicle Purchases ...............................................................$ Equipment........................................................................................$ Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ State Patrol Posts Repairs and Maintenance.............................$ Capital Outlay .................................................................................$ Conviction Reports .........................................................................$ Total Funds Budgeted....................................................................$ Indirect DOAS Service Funding ...................................................$ State Funds Budgeted....................................................................$

59,895,729 7,838,000
145,742 4,435,930
605,752 3,701,067
23,116 1,418,147 3,249,086
150,000 0
3,500 81,466,069 1,650,000 79,816,069

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....................................................................$

17,085,371 1,751,262
25,800 0
119,077 137,000 53,108 628,853 62,500
0 300,150 30,000 1.490.000 21,683,121
0 21,683,121

Departmental Functional Budgets

Total Funds

State Funds

Administration Driver Services Field Operations Total

21,728,257 21,683,121 59.737.812 103,149,190

20,228,257 21,683,121 59.587.812 101,499,190

B. Budget Unit: Units Attached for Administrative Purposes Only ..............................$
Attached Units Budget: Personal Services.............................................................................$ Regular Operating Expenses .........................................................$
Motor Vehicle Purchases .
Computer Charges...........................................................................$ Real Estate Rentals ........................................................................$ Telecommunications .......................................................................$ Per Diem, Fees and Contracts ......................................................$ Highway Safety Grants ..................................................................$ Peace Officers Training Grants ....................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................$

14.635,111
10,215,092 2,971,186
132,300 72,536 227,278 210,962 329,001 244,071 730,260 2,623,660 932,505
0 18,688,851

FRIDAY, MARCH 17, 1995

2377

State Funds Budgeted...............................................................

14,635,111

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

3,241,870
5,743,163 1,116,282 1,202,250
444,494
6.940.792 18,688,851

318,130
5,743,163 1,046,282 1,092,250
444,494
5,990.792 14,635,111

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

8.757.763 7,033,660
529,000 256,756 103,000 44,621 425,899 331,039 134,962 1,840.000 10,698,937 8,757,763

Departmental Functional Budgets

Total Funds

State Funds

Administration Transportation Utilities Total

1,911,504 3,530,828 5.256.605 10,698,937

1,911,504 1,793,468 5,052.791 8,757,763

Section 28. 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.......................................?

1,081,433.473
1,157,829,143 202,917,763
289,713,286 145,787,679 15,314,094
994,628

2378

JOURNAL OF THE HOUSE,

Student Education Enrichment Program....................................$ Forestry Research............................................................................! Research Consortium......................................................................$ Capital Outlay .................................................................................$ Total Funds Budgeted....................................................................! Departmental Income.....................................................................! Sponsored Income...........................................................................! Other Funds.....................................................................................! Indirect DOAS Services Funding .................................................$ State Funds Budgeted....................................................................!

364,360 362,508 5,000,000
0 1,818,283,461
42,000,000 348,705,442 343,117,246
3,027,300 1,081,433,473

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....................................................................!

170,400.400
262,553,904 69,874,000
126,767,428 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
14.227.443 545,184,358
0 109,330,000 264,898,258
555,700 170,400,400

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

1,962,984 3,923,849 1,388,994 116,731,291 10,733,002 57,036,775

1,345,184 1,532,120
988,994 13,708,799 2,547,910 36,448,122

FRIDAY, MARCH 17, 1995

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

47,836,216
245,207,899
2,731,531
2,746,641 23,790,701 2,920,000
3,121,122 24,698,753
354,600 545,184,358

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 - 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................................................................!

Section 29. Department of Revenue. Budget Unit: Department of Revenue ...............................................$
Personal Services.............................................................................! Regular Operating Expenses.........................................................! Travel.........................................................-......................................! Motor Vehicle Purchases ....,..........................................................$ Equipment........................................................................................! Computer Charges...........................................................................! Real Estate Rentals ........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts.........................,............................! County Tax Officials/Retirement and FICA ..............................$ Grants to Counties/Appraisal Staff..............................................! Motor Vehicle Tags and Decals....................................................! Postage..............................................................................................! Total Funds Budgeted.................................................... ...............! Indirect DOAS Services Funding.................................................!

2379
30,023,899
31,697,885
2,731,531
512,595 23,790,701
0
121,122 24,596,938
354,600 170,400,400
0 8,428,471 14.858,307 23,286,778 23,286,778
0
80.570,611
18,000,000 3,500,000
300,000 28,917,000 3,639,611 4,200,000 12,514,000 1,500,000
1,500,000 5,000,000
1.500.000 80,570,611 80,570,611
95.619,590 57,889,998 5,531,584 1,382,540
242,843 718,220 14,317,520 2,830,695 3,136,805 575,300 3,358,795
0 6,458,350 3.877.810 100,320,460 3,845,000

2380

JOURNAL OF THE HOUSE,

State Funds Budgeted....................................................................$

95,619,590

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

6,901,246 11,795,557 9,908,400 18,614,516
7,981,607 24,799,242 7,622,058
4,490,697 4,191,469
46,000 3,969,668 100,320,460

6,901,246
11,595,557 9,093,200 18,314,516 7,281,607 23,499,242
7,622,058 3,434,827 3,861,669
46,000
3,969,668 95,619,590

Section 30. Secretary of State. A. Budget Unit: Secretary of State-
Personal Services........................... Regular Operating Expenses.......
Motor Vehicle Purchases ...............................................................$
Computer Charges...........................................................................! Real Estate Rentals........................................................................$ Telecommunications.......................................................................! Per Diem, Fees and Contracts......................................................! Election Expenses...........................................................................! Total Funds Budgeted....................................................................! State Funds Budgeted....................................................................!

28,702.778 17,478,043 3,973,431
243,800 105,510
93,840 2,423,793 2,462,246
957,367 1,309,748
700,000 29,747,778
28,702,778

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 Holocaust Commission Total

$

3,655,132

!

5,111,689

$

5,035,065

$

4,266,357

!

1,144,112

!

382,802

!

10,082,621

!

70,000

!

29,747,778

3,625,132 5,036,689 4,265,065 4,246,357 1,144,112
382,802 9,932,621
70.000
28,702,778

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....................................................................!

2.149.663 1,266,704
157,100
15,000 23,000 10,631 335,622 165,300 41,556 134.750 2,149,663
2,149,663

FRIDAY, MARCH 17, 1995

2381

Departmental Functional Budgets

State Funds

Coat of Operations

Real Estate Commission

$

2,149,663

2,189,663

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....................................................................!

2,182,494 1,054,598
210,954 40,520 27,450 11,910 9,000 90,591 19,090 486,842 400.000 2,350,955 2,182,494

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....................................................................!

30.774,366 5,097,032
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 39,219,462 30,774,366

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

!

1,009,338

!

39,219,462

0
0 30,224,718
549.648 30,774,366

B. Budget Unit: Lottery for Education...................................... Hope Financial Aid - Tuition................................................

119.081.000 52,195,950

2382

JOURNAL OF THE HOUSE,

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................................................................$

14,417,200 7,906,850 31,125,000
336,000 100,000 10,000,000
3.000.000
119,081,000 119,081,000

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.............................................................................?
Adult Literacy Grants....................................................................? Total Funds Budgeted....................................................................? State Funds Budgeted....................................................................?

166.597,224
4,126,803 413,225
120,500
0 15,000 837,200
365,610 195,000 510,000 114,178,595 22,447,798
0 6,544,505 29,779,795 2,957,857 17.685,945 200,177,833 166,597,224

Departmental Functional Budgets

Total Funds

State Funds

Administration Institutional Programs Total

6,583,338 193.594,495 200,177,833

?

4,654,661

? 161.942.563

? 166,597,224

B. Budget Unit: Lottery for Education.... Computer Laboratories and Satellite

39.248.713

FRIDAY, MARCH 17, 1995

2383

Dishes-Adult Literacy.................................................................$ Capital Outlay - Technical Institute
Satellite Facilities........................................................................? Equipment-Technical Institutes ...................................................$ Total Funds Budgeted....................................................................? Lottery Funds Budgeted................................................................?

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

456.746,541 250,050,159 59,750,505
1,626,000 2,296,000 7,662,241 4,947,700 1,317,373 2,384,080 45,394,107 706,393,946
1,024,100 1,267,500 14,210,006
765,000
105.000 1,099,193,717
456,746,541

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

Planning and Construction Air Transportation Inter-Modal Transfer Facilities HarborAntra-Coastal Waterways
Activities Total

?

0

?

1,734,811

?

18,524,687

?

765,000

?

21,024,498

?

0

?

1,347,811

?

9,633,730

?

765.000

?

11,746,541

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

24.343.698 4,950,939
138,700 82,000 19,275 189,500 25,000 242,700 62,200 24,500

2384

JOURNAL OF THE HOUSE,

Operating Expense/Payments to Central State Hospital..............................................................................$
Operating Expense/Payments to Medical College of Georgia .......................................................................$
Regular Operating Expenses for Projects and Insurance...............................................................................$
Total Funds Budgeted....................................................................$ State Funds Budgeted....................................................................$

18,007,792
7,279,376
627.000 31,648,982 24,343,698

Departmental Functional Budgets

Total Funds

State Funds

Veterans Assistance Veterans Home and Nursing
Facility - Milledgeville Veterans Nursing Home-
Augusta Total

$

5,638,514

18,551,092

7.459,376 31,648,982

!

5,367,014

!

13,717,308

!

5.259.376

!

24,343,698

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....................................................................!

10.454.185
8,300,378
372,074 79,840
0 27,369 250,531 1,053,290 189,290 270,000 101.413 10,644,185 10,454,185

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)...................................................!

295,007,565 70.000.000 365,007,565

B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General Funds (New)...........................................................! Motor Fuel Tax Funds (New).......................................................!

52,995,920 0
52,995,920

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,

FRIDAY, MARCH 17, 1995

2385

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
City of Columbus
City of Atlanta
Chattooga Valley Regional Library System
City of Columbus
City of Graham
Berrien County Commission
City of Union Point
City of Rome
City of Cave Spring Cobb County
City of Milan
Laurens County Board of Education

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 Correctional Facility Renovation of Historic Jail Video Monitoring and Surveilance Equipment Renovations for Sara Hightower Regional Library Improvements for Rolator Park Refurbishment and Restoration of B-29 Operations of Milan Arts Center Renovate and equip Computer Room at S.W. Laurens

$

5,000

$ 50,000

$

50,000

$

25,000

$ 134,000

$ 105,000

$

50,000

$

25,000

$

25,000

$

22,500

$

5,000

$ 40,000

$ 30,000

$ 25,000

2386
Bleckley County Board of Education
City of Augusta
Lamar County Board of Commissioners
City of Atlanta Board of Education
City of Garden City Ware County
Newton County
City of LaGrange
Crisp County Board of Education
Bibb County
Jenkins County Board of Education
Lowndes County Stewart County
Worth County Board of Commissioners
Turner County Board of Education
Turner County Board of Education
City of Atlanta
Mitchell County Board of Education
Wayne County
Irwin County
Muscogee County
Dooly County
Macon County Board of Education
Stephens County Board of Education
City of Lavonia Monroe County
City of Loganville DeKalb County

JOURNAL OF THE HOUSE,
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 Georgia
Learning Tree Construction of Livestock
Facility Construction of Health Clinic Restoration to the Historic
Well's House Additional Construction of
Worth County Agricultural/ Livestock Pavillion Operating Expenses for Turner County Library Construction of Bleachers for Turner County High School Football Stadium Operations of Comprehensive Youth Services Construction of High School Green House Operation of Motherhood and Beyond Construction of a Livestock and 4-H FFA Training Facility for Irwin and Ben Hill Renovations to Tender Love and Care Home Byromville Water System improvements Roof Repairs to Industrial Art Building
Operation of Medical Station Water System Improvements Feasibility Study for
Bicycle Trail Repairs for Library Operations of Brown's Mill

$

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

$ 40,000

$

30,000

$ 75,000

$

10,000

$

10,000

$

15,000

$

25,000

$

25,000

$

10,000

$

15,000

DeKalb County City of Dalton
Clayton County Board of Education
Washington County
Washington County
Bibb County Athens/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
Crawford County Commissioners
City of Quitman
City of Quitman
Brooks County

FRIDAY, MARCH 17, 1995
Recreation Operation of Youthbuild Operations of Northwest
Georgia Girl's Home Services provided by
Worktec Renovations to the T.J.
Elder Community Center Renovations to Technology
Training Facility Preservation of Hay House Renovation to Athens Airport 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 Little League
Water and Sewer Improvements
Construction of Recreational Center
Historical Preservation of Beulah Baptist Church
Repairs for Simmon Hill

2387

$ 35,000

$

5,000

$ 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

$ 15,000

$ 75,000

$ 18,000

$ 15,000

2388
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 City of Madison City of Atlanta Fulton County Fulton County City of Broxton City of Columbus
Muscogee County Fulton County
Clayton County

JOURNAL OF THE HOUSE,
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 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 To Operate Community of
Care Delivery System for At-Risk Children Repairs to Securus

$ 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 $ 40,000

$ 25,000 $ 25,000

$ 150,000

Commissioners 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
Wayne County
City of Augusta
Bibb County
City of Cartersville
Coweta County
Burke County
DeKalb County
Screven County Board of Education
Tattnall County Board of Education
Peach County
City of Rockmart
Liberty County Board of Commissioners
Mclntosh County
City of Greenville City of Comer Jackson County
Floyd County City of Rome
Dawson County

FRIDAY, MARCH 17, 1995
House
Renovation of Old Gym Operation of Day Care Center Renovations to Old
Greenville Depot Planning and Construction
of a Government Center Installation of Internet
at Perry High School Contract for Services from
Georgia School-age Care Association Purchase Property for Park in Augusta Operation of Aviation Museum Planning and Designing of an Educational Facility Operation of Wayne County Partners in Education Operating Expenses for Community Based Programs To Operate the Council on Child Abuse Operation of the Etowah Foundation Education Operation of Economic Development Information Center Operating Expenses for the Burke County Development Authority To Operate South DeKalb Business Incubator
For Auditorium Repairs Construction of a
Livestock Pavilion To Operate Peach Library
Literacy Mobile For Repairs and Equipment
for the Rockmart Performing Arts Theater Repairs for Liberty County Courthouse Multi-purpose Complex Equipment Old Greenville Depot Repairs To Purchase a Patrol Car For Human Resources Council in Jackson County To Operate Recycling Program Computer Equipment for Rome/Floyd Transitional School For Capital Offense

2389

$

10,000

$ 75,000 $ 40,000

$

25,000

$ 100,000

$

40,000

$ 300,000 $ 40,000 $ 200,000 $ 180,000 $ 20,000 $ 40,000 $ 50,000 $ 57,000

$ 50,000

$ 30,000

$ 25,000

$ 20,000

$

10,000

$ 62,000

$

10,000

$ 50,000

$ 10,000

$ 75,000

$

10,000

$

15,000

$ 101,439

$ 30,410

2390
Lumpkin County City of Pelham
Seminole County
Early County City of Atlanta Candler County Webster County Miller County Lowndes County Polk County Athens/Clarke County
Board of Education City of Riverdale City of Oglethorpe Macon County School
System City of Americus City of Jonesboro City of Helena City of Eastman
City of Douglas Atkinson County Bleckley County
Pulaski County City of Warner Robins
Houston County
Pulaski County DeKalb County City of Jonesboro

JOURNAL OF THE HOUSE,
Legal Assistance For Capital Offense
Legal Assistance Construction of an
Agricultural Facility at Pelham High School To Construct Spring Creek Volunteer Fire Department Facility Roof Repairs for Early County Library To Operate Litter Abatement Program To Operate Litter Abatement Program Renovations to Webster County Courthouse Renovation of Miller County Facility Operating Expenses for Lowndes County Health Department For Construction of EMS Facility Repairs to Track Surface for Cedar Shoals High School Park Improvements To Purchase a Patrol Car Roof Repairs for Macon County High School For Revitilization of Downtown City of Americus Park Improvements To Construct Recreational Complex Operating Expenses for the Middle Georgia Easter Seal Program Equipment for the Coffee County Humane Society To Purchase Radio and Computer Equipment Paving for the Bleckley County Recreation Department Operation of the Senior Citizens Program Operating Expenses for the Northside Fine Arts Program Operating Expenses for the Houston County Court Mediation Program Repairs for Hartford
Water System To Fund the Homeless Program For Historical Jonesboro

$ 35,000 $ 35,000

$ 40,000

$ 25,000

$

20,000

$ 25,000

$ 25,000

$

25,000

$

20,000

$ 30,000

$ 60,000

$ 50,000

$ 20,000

$

10,000

$ 40,000

$ 100,000 $ 20,000

$

15,000

$

75,000

$ 15,000

$

10,000

$ 40,000 $ 100,000

$

15,000

$

15,000

$

30,000

$ 40,000

FRIDAY, MARCH 17, 1995

2391

Clayton County
City of Morrow City of Augusta
Athens/Clarke County Peachtree City Glynn County Treutlen County Board
of Education Lincoln County
City of Blackshear Jeff Davis County
City of Toomsboro Early County Coffee County City of Blackshear Harris County Board
of Education City of Keysville

Renovations and Repairs Relocation and Renovation
Expenses for ARTS Clayton Park Improvements Planning and Design of an Overhead Crosswalk on Washington Road Operating Funds for the Safe Campus Now Program Equipment for Braelinn Park Improvements to Andrews Island Improvements to Facilities at Treutlen County High School Operating Funds for Recreation and Historic Preservations Services Blackshear Development Authority Operations Operating Expenses for Jeff Davis County Hospital Authority Improvements to Water System Operation and Renovation of Art Center Construction of Agri-Center Extension of Water System to Pierce County Schools Extension of Water System to Harris County Schools Operation and Renovation of Municipal Building

$ 20,000

$ 20,000 $ 20,000

$

20,000

$ 40,000

$

7,500

$

7,500

$ 50,000

$

10,000

$ 50,000

$ 25,000 $ 40,000 $ 30,000 $ 40,000 $ 50,000 $ 50,000 $ 15,000

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 $1,720.56. 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:

2392

JOURNAL OF THE HOUSE,

Number in Asst. Group

Standards of Need

Maximum Monthly Amount

1

$ 235

$ 155

2

356

235

3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

568

Provided, 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 physician, nursing, physical therapy, and speech and hearing therapy services. Such trans fers 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 SFY 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 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.
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.

FRIDAY, MARCH 17, 1995

2393

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 47. 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 48. 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

2394

JOURNAL OF THE HOUSE,

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 49. 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 50. 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 51. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds.
Section 52. 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 53. (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 appropria tions shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group.
(b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the adminis tration of the annual operating budget.

FRIDAY, MARCH 17, 1995

2395

Section 54. 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 55. 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 56. Provisions Relative to Section 38, State of Georgia General Obli gation Debt Sinking Fund. With regard to the appropriations in Section 38 to the "State of Georgia General Obligation Debt Sinking Fund" for authorizing new debt, the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and particular appropriations of highest annual debt service requirements of the new debt are specified as follows:
From the appropriation designated "State General Funds (New)", $12,294,590 is spe cifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $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)", $6,678,700 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 $68,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $1,816,430 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 $18,535,000 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

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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 Georgia Agricultural Exposition facilities for the Department of Natural Resources by means of the acquisition, construction, devel opment, 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 maturities 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 projects for the Georgia Agricultural Expo sition facilities for the Department of Natural Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $85,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $999,600 is specifi cally appropriated for the purpose of financing projects for the Georgia International Mari time Trade 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, 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 instru ments 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,

FRIDAY, MARCH 17, 1995

2397

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 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 $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)", $3,332,000 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 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 $34,000,000 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)", $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 Soil and Water Conserva tion Commission, 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 $2,345,000 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)", $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.
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

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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 $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)", $612,000 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 $2,550,000 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 Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 improvements in facilities of the State and of state authorities created and activated prior to November 8, 1960 in order to comply with requirements of the Americans with Disabilities Act, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, prop erty, highways, buildings, structures, equipment or facilities, both real and personal, neces sary or useful in connection therewith, through the issuance of not more than $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 improvements in facilities of the State and of state authorities created and activated prior to November 8, 1960, through a program of closing, replacing, removing and otherwise remediating underground storage tanks, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities,
both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $5,000,000 in principal amount of General Obligation Debt, the instru
ments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $48,000 is specifi
cally appropriated for the purpose of financing facilities 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.
From the appropriation designated "State General Funds (New), $2,450,000 is specifi
cally appropriated for the purpose of financing facilities 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 $25,000,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $842,800 is specifi
cally appropriated for the purpose of financing facilities for the Georgia Ports Authority,
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 $8,600,000 in principal amount of General Obligation Debt, the
instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated "State General Funds (New)", $244,020 is specifi cally appropriated for the purpose of financing facilities 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 $2,490,000 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)", $1,617,000 is specif ically 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 $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)", $597,800 is specifi cally appropriated for the purpose of financing facilities 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 $6,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
From the appropriation designated "State General Funds (New)", $2,352,000 is specif ically 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 $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)", $196,000 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 $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)", $921,200 is specifi cally appropriated for the purpose of financing facilities 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 $9,400,000 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)", $196,000 is specifi cally appropriated for the purpose of financing a regional and cultural facility in Colum bus, Muscogee County, Gerogia, for the State, its agencies, departments, institutions, or
those state authorities which were created and activated prior to November 8, 1960, by means of the acquisition, construction, development, extension, enlargement, or improve ment of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance
of not more than $2,000,000 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)", $43,200 is specifi
cally appropriated for the purpose of financing facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or

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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 $180,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General Funds (New)", $102,000 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 $425,000 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)", $156,800 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 $1,600,000 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)", $980,000 is specifi cally appropriated for the purpose of financing facilities 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 $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)", $83,790 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 $855,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.
Section 57. Salary Adjustments. The General Assembly has distributed to and included in the agency appropriations listed herinbefore State funds for the purposes described herein: 1.) To provide a cost of living increase of 5% for full-time employees of the Judicial, Legislative and Executive branches to be awarded on each employee's anni versary date. Increases are contingent on an employee's performance rating of satisfactory or better. 2.) To provide for a 5% cost of living adjustment for each state official who is eligible under Code subsection 45-7-4(b). 3.) To provide for a 5% salary increase for per sonnel appointed pursuant to Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia relating to superior courts and Chapter 18 of Title 15 of the Official Code of Geor gia relating to district attorneys, effective July 1, 1995. 4.) 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 Education effective September 1, 1995 and provide a 5% increase for school bus drivers and lunchroom workers effective July 1, 1995. 5.) To provide a 6% funding level for merit increases for Regents faculty and support personnel to be awarded on July 1, 1995 for non-academic personnel and on September 1, 1995 for academic personnel. 6.) To reassign the following job classes by one paygrade and provide a 6% increase to incumbents of all positions in these classes: Youth Development Worker and Senior Youth Development Worker. 7.) To increase Personal Services funding in the Department of Law to provide for performance-based salary upgrades. 8.) To increase the base hour rate for temporary employees in the Department of Revenue by 25 cents per hour. .) 9.) To provide for a 5% salary increase for incumbents in the Wildlife Technician job classes. 10.) To create and improve career ladders for affected Pardons and Paroles employees by: a.) establishing the Parole Investigator and Chief Parole Officer job classses;

FRIDAY, MARCH 17, 1995

2401

b.) reassignment of the Parole Review Officer job class by two paygrades and the Senior Parole Review Officer job class by three paygrades; c.) increasing the special supplement for parole officers with intensive supervision caseloads. 11.) To provide a 4% salary increase for incumbent scientists in the Georgia Bureau of Investigation's Forensic Science Division.

Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1996

$ 10,700,856,569

Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 60. All laws and parts of laws in conflict with this Act are repealed.

Representative Stanley of the 50th moved that debate on all issues today be limited to five minutes on all speakers with the exception of the opening speaker which will be unlimited and the Committee Chairman will have twenty minutes.
On the motion, 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 YBarnes Y Bates Y Benefleld Y Birdsong Y Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T
Brown, G N Brown, J N 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 N Crawford

N Crews Y Culbreth N Cummings Y Davis, G N Davis, M YDay N DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans Y Falls Y Felton Y Floyd YGodbee Y Golden N Goodwin
Greene Grindley
Y 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 N Lawrence YLee Y Lewis
N Lifsey YLord Y Lucas N Maddox N Mann 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

On the motion, the ayes were 116, nays 53. The motion prevailed.

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

Y 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
Teague YTeper 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 N Whitaker Y White N Wiles N Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

Representative Evans of the 28th moved that the House reconsider its action in limit ing debate.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey N Baker

Y Bannister N Barfoot
Bargeron

N Barnard N Barnes N Bates

N Benefield N Birdsong N Bordeaux

Bostick N Breedlove Y Brooks, D

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JOURNAL OF THE HOUSE,

N Brooks, T Brown, G
Y Brown, J Y Brush NBuck N Buckner Y Bunn Y Burkhalter
NByrd
Y Campbell N Canty N Carter
Chambless N Channell N Childers Y Coker N Coleman, B N Coleman, T N Connell NCox 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 N Epps Y Evans Y Falls N Felton N Floyd
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
Holmes Howard N Hudson N Hugley Y Irvin Y 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 Lord
N Lucas Y Maddox YMann
Martin N McBee N McCall N McClinton N McKinney Y Mills
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

On the motion, the ayes were 59, nays 98. The motion was lost.

N Polak Y Porter Y Poston N Powell
Purcell, A N Purcell, B
Randall N Randolph NRay N Reaves N Reichert
N Roberts N Rogers N Royal
Sanders Y Sauder N Scoggins N Shanahan
Shaw N Sherrill Y Shipp N Simpson N Sinkfield N Skipper
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
Stancil, S N Stanley, L N Stanley, P N Stephenson N Streat N Taylor
Teague NTeper N Thomas
Tillman N Titus N 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 Y Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 202.
On the motion, 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 N Brown, J
Y Brush
YBuck 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 Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B Y DeLoach, G
Dix Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans Y Falls Y Felton Y Floyd Y Godbee Y Golden N Goodwin Y Greene N Grindley Y Manner 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 NMann

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 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 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 Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman

FRIDAY, MARCH 17, 1995

2403

Y Titus YTowery
Y Trense
Y Turnquest

Y Twiggs Y Walker, L
Y Walker, R.L
Y Wall

Y Watson Y Watts
N Westmorland
Y Whitaker

On the motion, the ayes were 146, nays 28. The motion prevailed.

Y White N Wiles
Y Williams, B
N Williams, J

Y Williams, R N Woods
Y Yates
Murphy, Spkr

Representatives Dixon of the 168th, Buckner of the 95th and Sanders of the 107th 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.

Friday March 17, 1995
Committee of Conference Report on H.B. 202 'Explanation of my "no" vote.
There are many good issues in the 1996 budget which I support. A few of these are: funds for education, raises for school teachers and some state employees, and funds in general needed to carry on necessary government; however, our state budget goes far beyond neccesary needs. This year alone our state will pay over 419 million in debt service on our current state debt (bond indebtedness). There are several states which have no bond debt and we should be headed in that direction. We are spending every dime that comes in through revenues and we must change that trend. Over 90% of this 10.7 billion budget is in the continuation portion and no one has ever scrutinized a small portion. The General Assembly reviewed less than 10% of the 10.7 billion budget and this is not in the best interest of taxpayers and our future generation. Issuing 20 year bonds for roads, roofs and equipment that will last barely beyond 10 years is not a wise budgetary practice. State spending must be curbed now and a "yes" vote only puts us closer to the point of no return. My vote is in opposition to government waste, spiraling debt and a flawed process that only looks at less than 10% of a total 10.7 billion dollar budget.
/s/ James Mills Dist. 21

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 202. By Representatives Murphy of the 18th, Coleman of the 142nd, Walker of the 141st and others:
A bill to make and provide appropriations for the State Fiscal Year begin ning July 1, 1995 and ending June 30, 1996.

The Senate insists on its amendments to the following bills of the House:

HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th 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.

2404

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 Senate insists on its substitute to the following bill of the House:

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.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Starr of the 44th, Griffin of the 25th and Hooks of the 14th.

The Senate has rejected the report of the Committee of Conference on the following bill of the House:

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 President has appointed as a second Committee of Conference the following: Senators Ray of the 19th, Walker of the 22nd and Marable of the 52nd.

The following Bill of the House was taken up for the purpose of considering the Senate's rejection of the report of the Committee of Conference thereon:

FRIDAY, MARCH 17, 1995

2405

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.

Representative Williams of the 114th moved that the first Committee of Conference be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Lord of the 121st, Williams of the 114th and Shipp of the 38th.

The Speaker announced the House in recess until 1:00 o'clock this afternoon.

2406

JOURNAL OF THE HOUSE,

AFTERNOON SESSION

The Speaker called the House to order.
The following Bill of the House was taken up for the purpose of considering the Sen ate amendment thereto:
HB 985. By Representatives Ehrhart of the 36th, Wiles of the 34th, Towery of the 30th, Coker of the 31st, Grindley of the 35th and others: A bill to amend an Act creating the Cobb Judicial Circuit, so as to change the number of investigators and the number of assistant district attorneys the district attorney is authorized to appoint.
The following Senate amendment was read:
Amend HB 985 by striking "16" and inserting "15" on line 6 of page 2.
Representative Ehrhart of the 36th moved that the House agree to the Senate amend ment to HB 985.
On the motion the ayes were 110, nays 0. The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:
HR 521. By Representatives Ray of the 128th, Bargeron of the 120th and Day of the 153rd: A resolution creating the House Study Committee on Discretionary Trusts for Disabled Beneficiaries.
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 Baker Bannister Barfoot Bargeron
Y Barnard Y Barnes
Bates Benefield Birdsong Bordeaux
Bostick YBreedlove
Brooks, D Y Brooks, T Y Brown, G

Y Brown, J Brush
Y Buck Y Buckner
Bunn Burkhalter Byrd Campbell Y Canty Carter Chambless Y Channell
Y Childers Y Coker
Y Coleman, B Coleman, T
Y Connell

Y Cox Y Crawford Y Crews
Culbreth Cummings Davis, G Y Davis, M Y Day DeLoach, B Y DeLoach, G Y Din Dixon, H
Dixon, S Dobbs
Y Ehrhart Epps
Y Evans

Falls Felton Floyd God bee Golden Goodwin Greene Y Grindley Manner Y Harbin Y Harris Y Hart
Heard Y Heckstall
Hegstrom Hembree Henson

Y Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston
Jones Joyce
Kaye Y Kinnamon Y Klein

FRIDAY, MARCH 17, 1995

2407

Ladd YLakly YLane
Lawrence Lee Y Lewis Y Lifsey Lord Lucas Maddox Mann Martin Y McBee YMcCall Y McClinton McKinney Y Mills Mobley, B Y Mobley, J

Y Mosley Mueller
Y O'Neal Orrock Parham Parrish
Y Parsons Y Pelote
Perry Y Pinholster Y Polak
Porter Poston Y Powell Y Purcell, A Y Purcell, B Randall Y Randolph
YRay

Reaves Y Reichert
Roberts Y Rogers Y Royal
Sanders Sauder Y Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson Sinkfield Y Skipper Y Smith, C Smith, C.W Smith, L Y Smith, P

Smith, T Smith, V Y Smith, W Smyre Y Snelling Snow Y Stalling*
Y Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Y Streat Y Taylor Y Teague Teper Y Thomas Y Tillman Y Titus

Towery YTrense Y Turnquest
Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmorland Y Whitaker
White Y Wiles
Williams, B Williams, J Williams, R
Woods
YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 95, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

Representatives Cummings of the 27th, Ladd of the 59th and Parrish of the 144th stated that they had been called from the floor of the House during the preceding roll call. They wished to be recorded as voting "aye" thereon.

SB 408. By Senator Isakson of the 21st:
A bill to amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions regarding interest and usury, so as to provide for interest on certain claims in bankruptcy.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SR 269. By Senators Marable of the 52nd and Dean of the 31st:
A resolution authorizing the conveyance of certain state owned real proper ties located in Bartow 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 97, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

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.

2408

JOURNAL OF THE HOUSE,

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 juris diction and procedure for granting of bail, so as to change provisions relating to offenses bailable only before a judge of superior court; to provide for limitations upon the granting of bail for aggravated sexual battery and for certain other offenses where the defendant has previously been convicted of or charged with aggravated sexual battery; to provide that there shall be a rebuttable presumption that no combination of conditions will provide the assurances required for bail in the case of a person charged with a serious violent felony if such person has already been convicted of a serious violent felony or like offense; to pro vide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to jurisdiction and procedure for granting of bail, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows:
"(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) Aggravated sexual battery; {8)^9} Manufacturing, distributing, delivering, dispensing, administering, selling, or possessing with intent to distribute any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; {9}(10) Violating Code Section 16-13-31, relating to trafficking in cocaine or mari juana; and {10M11) 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} (10) of this subsection."
SECTION 2. Said Code section is further amended by striking subsection (e) and inserting in its place a new subsection to read as follows:
"(e) A court shall be authorized to release a person on bail if the court finds that the person:
(1) Poses no significant risk of fleeing from the jurisdiction of the court or failing to appear in court when required; (2) Poses no significant threat or danger to any person, to the community, or to any property in the community; (3) Poses no significant risk of committing any felony pending trial; and (4) Poses no significant risk of intimidating witnesses or otherwise obstructing the administration of justice. However, if the person is charged with a serious violent felony and has already been convicted of a serious violent felony, or of an offense under the laws of any other state or of the United States which offense if committed in this state would be a serious vio lent felony, there shall be a rebuttable presumption that no condition or combination of conditions will reasonably assure the appearance of the person as required or assure

FRIDAY, MARCH 17, 1995

2409

the safety of any other person or the community. As used in this subsection, the term 'serious violent felony' means a serious violent felony as defined in Code Section 17-10-6.1."
SECTION 3. This Act shall become effective July 1, 1995. This Act shall apply to all bail hearings held on or after that effective date, without regard to whether the offense was committed prior to, on, or after that date and without regard to whether an underlying prior conviction occurred prior to, on, or after that effective date.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 100, nays 1.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representative Brooks of the 54th would like to be recorded as voting "nay" on SB 81.

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 report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 94, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 95, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

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.

2410

JOURNAL OF THE HOUSE,

The following Committee substitute was read and adopted:

A BILL
To enact the "Death Penalty Habeas Corpus Reform Act of 1995"; to state legislative find ings; to amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Anno tated, relating to habeas corpus proceedings for persons under sentence of state court of record, so as to change the required contents of certain petitions; to change the time required for certain answers and hearings; to provide for comprehensive procedures with respect to challenging for the first time state court proceedings resulting in a death sen tence; to require the establishment of uniform court rules of certain time periods and schedules applicable thereto; to prohibit certain discovery except under certain circum stances; to change the time period for certain notice; to change certain requirements with respect to certain affidavits; to change certain provisions relating to review and granting of habeas corpus relief; to amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to change cer tain requirements with respect to such requests in certain habeas corpus cases; 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. This Act shall be known and may be cited as the "Death Penalty Habeas Corpus Reform Act of 1995."
SECTION 2. It is found and determined by the General Assembly of Georgia that:
(1) Through automatic direct appeal, sentence review procedures, and the writ of habeas corpus, state law currently provides defendants upon whom the death penalty has been imposed multiple and adequate opportunities to assert their constitutional rights, seek remedies, and raise objections to their convictions and sentences; (2) The writ of habeas corpus in state courts should not be used by defendants upon whom the death penalty has been imposed solely as a delaying tactic under the guise of asserting rights, seeking remedies, or raising objections and challenges to their con victions and sentences that should have been raised or asserted in the unified appeal procedure and the automatic direct appeal available under state law; and (3) Strict compliance by the courts and all parties with fair and practical procedures for litigating writs of habeas corpus will prevent the waste of limited resources and will eliminate unnecessary delays in carrying out valid death sentences imposed in accordance with law.
SECTION 3. 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, is amended by striking in its entirety Code Section 9-14-44, relating to the petition, contents, and veri fication, and inserting in lieu thereof a new Code Section 9-14-44 to read as follows:
"9-14-44.
A petition brought under this article shall identify the proceeding in which the peti tioner was convicted, give the date of rendition of the final judgment complained of, and clearly set forth the respects in which the petitioner's rights were violated2 and state with specificity which claims were raised at trial or on direct appeal, providing appropri ate citations to the trial or appellate record. The petition shall have attached thereto affidavits, records, or other evidence supporting its allegations or shall state why the same are not attached. The petition shall identify any previous proceedings that the petitioner may have taken to secure relief from his or her conviction and, in the case of prior habeas corpus petitions, shall state which claims were previously raised. Argu ment and citations of authorities shall be omitted from the petition] however, a brief

FRIDAY, MARCH 17, 1995

2411

may be submitted in support of the petition setting forth any applicable argument. The petition must be verified by the oath of the applicant or of some other person in his or her behalf."
SECTION 4. Said article is further amended by striking in its entirety Code Section 9-14-47, relating to the time for answer and hearing, and inserting in lieu thereof a new Code Section 9-14-47 to read as follows:
"9-14-47.
Except as otherwise provided in Code Section 9-14-47.1 with respect to petitions chal lenging for the first time state court proceedings resulting in a sentence of death, within Within 20 days after the filing and docketing of a petition under this article or within such further time as the court may set, the respondent shall answer or move to dismiss the petition. The court shall set the case for a hearing on the issues within a reasonable time after the filing of defensive pleadings."
SECTION 5. Said article is further amended by adding between Code Sections 9-14-47 and 9-14-48 a new Code Section 9-14-47.1 to read as follows:
"9-14-47.1.
(a) In petitions filed under this article challenging for the first time state court proceed ings resulting in a death sentence, the provisions of this article shall apply except as spe cifically provided otherwise in this Code section. (b) Within ten days of the filing of a petition challenging for the first time state court proceedings resulting in a death sentence, the superior court clerk of the county where the petition is filed shall give written notice to The Council of Superior Court Judges of Georgia of the filing of the petition which shall serve as a request for judicial assist ance under paragraph (3) of subsection (b) of Code Section 15-1-9.1. Within 30 days of receipt of such notice, the president of the council shall, under guidelines promulgated by the executive committee of the council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (c) The Council of Superior Court Judges of Georgia shall establish, by uniform court rules, appropriate time periods and schedules applicable to petitions filed on or after January 1, 1996, challenging for the first time state court proceedings resulting in a sen tence of death. Such rules shall be adopted by the Supreme Court of Georgia on or before December 31, 1995. Such new time periods and schedules shall include, but spe cifically not be limited to, the following:
(1) Respondent's filing of an answer or motion to dismiss the petition; (2) Petitioner's filing of any amendments to the petition; (3) Filing by either party of motions and responses to motions; (4) Scheduling and conducting of evidentiary hearings; (5) Date of final order. (d) In petitions filed under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the petitioner shall not be entitled to invoke any of the provisions set forth in this Code section to delay the proceedings. To the extent the court deems it necessary to have an evidentiary hearing on any such petition, the court shall expedite the proceedings and the time limits shall not exceed those set for initial petitions."
SECTION 6. Said article is further amended by striking in its entirety Code Section 9-14-48, relating to hearing, evidence, depositions, affidavits, and determination of compliance with proce dural rules, and inserting in lieu thereof a new Code Section 9-14-48 to read as follows:
"9-14-48.
(a) The court may receive proof by depositions, oral testimony, sworn affidavits, or other evidence. No other forms of discovery shall be allowed except upon leave of court and a showing of exceptional circumstances.

2412

JOURNAL OF THE HOUSE,

(b) The taking of depositions or depositions upon written questions by either party shall be governed by Code Sections 9-11-26 through 9-11-32 and 9-11-37; provided, however, that the time allowed in Code Section 9-11-31 for service of cross-questions upon all other parties shall be ten days from the date the notice and written questions are served. (c) If sworn affidavits are intended by either party to be introduced into evidence, the party intending to introduce such an affidavit shall cause it to be served upon the opposing party at least five ten days in advance of the date set for a hearing in the case. The affidavit so served shall include the address and telephone number of the affiant, home or business, if known, to provide the opposing party a reasonable opportunity to contact the affiant; failure to include this information in any affidavit shall render the affidavit inadmissible. The affidavit shall also be accompanied by a notice of the party's intention to introduce it into evidence. The superior court judge considering the petition for writ of habeas corpus may resolve disputed issues of fact upon the basis of sworn affidavits standing by themselves. (d) The court shall review the trial record and transcript of proceedings and consider whether the petitioner made timely motion or objection or otherwise complied with Georgia procedural rules at trial and on appeal and whether, in the event the petitioner had new counsel subsequent to trial, the petitioner raised any claim of ineffective assist ance of trial counsel on appeal; and absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted. In all cases habeas corpus relief shall be granted to avoid a miscarriage of justice. If the court finds in favor of the petitioner, it shall enter an appropriate order with respect to the judgment or sentence challenged in the proceeding and such supplementary orders as to rearraignment, retrial, custody, or discharge as may be necessary and proper."
SECTION 7. Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, is amended by striking paragraph (3) of subsection (b) and inserting in its place new paragraphs (3) and (4) to read as follows:
"(3) When a petition for habeas corpus is filed a ease * which the petitioner is
challenging for the first time state court proceedings resulting in a death sentence, the clerk of the superior court acting on behalf of the chief judge shall make a request for judicial assistance to the president of The Council of Superior Court Judges of vrGorjjifl upon c6Ftityinf LIIAI tiic Dvisiness o trie court wilt DC impflipcci unless ASSIST* aee is obtained. W-he Within 30 days of receipt of a request is received for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the conviction and sentence were imposed. (4) In petitions under this article challenging for a second or subsequent time a state court proceeding resulting in a death sentence, the chief judge of the court where the petition is filed may make a request for judicial assistance to the president of The Council of Superior Court Judges of Georgia upon certifying that the business of the court will be impaired unless assistance is obtained. Within 30 days of receipt of a request for judicial assistance, the president of The Council of Superior Court Judges of Georgia shall, under guidelines promulgated by the executive committee of said council, assign the case to a judge of a circuit other than the circuit in which the con viction and sentence were imposed."
SECTION 8. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 4 of this Act shall become effective on January 1, 1996.

FRIDAY, MARCH 17,1995

2413

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 108, nays 8.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

Representatives Teague of the 58th and Brooks of the 54th would like to be recorded as voting "nay" on SB 113.

SB 32. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Starr of the 44th and Clay of the 37th:
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.

The following amendment was read:

Representative Lakly of the 105th, et al. move to amend SB 32 by adding after the semicolon on line 11 of page 1 the following:
"to provide for inapplicability within the boundaries of certain municipalities which own or operate combined sewer overflow systems;".
By striking the quotation mark on line 8 of page 3 and adding immediately thereafter the following:
"(f) This Code section shall not apply within the territorial limits on any municipal cor poration which owns or operates a combined sewer overflow or CSO until and unless such municipal corporation is in full and complete compliance with all requirements of Code Section 12-5-29.1; and for purposes of this Code section the term 'combined sewer overflow' or 'CSO' shall have the same meaning as provided for in Code Section 12-5-29.1."'

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

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

N Brooks, T N Brown, G Y Brown, J Y Brush Y Buck N Buckner Y Bunn
Y Burkhalter N Byrd Y Campbell N Canty N Carter Y Chambless
Channell Y Childers

N Coker Y Coleman, B Y Coleman, T N Connell Y Cox Y Crawford
Crews
Y Culbreth N Cummings N Davis, G Y Davis, M Y Day N DeLoach, B Y DeLoach, G Y Dix

Y Dixon, H N Dixon, S Y Dobbs Y Ehrhart
Epps N Evans Y Palls
Pelton Y Floyd N Godbee Y 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 Y Holland N Holmes N Howard Y Hudson N Hugley Y Irvin N James

2414

JOURNAL OF THE HOUSE,

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 Y Lawrence YLee Y Lewis Y Lifsey
Lord N Lucas Y Maddox YMann

N Martin N McBee Y McCall N McClinton N McKinney Y Mills
Mobley, B Y Mobley, J N Mosley
Mueller N O'Neal N 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 NRandall N Randolph
YRay N Reaves Y Reichert N Roberts Y Rogers
Royal Y Sanders
Y Sauder Scoggins
Y Shanahan Shaw
N Sherrill
Y Shipp Y Simpson
N Sinkfield Skipper

N Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V N Smith, W
NSmyre Y Snelling YSnow Y Stallings N Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson Y 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 N 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

On the adoption of the amendment, the ayes were 100, nays 65. The amendment was adopted.

Representative Martin of the 47th moved that the House reconsider its action in adopting the Lakly amendment.
On the motion, the roll call was ordered and the vote was as follows:

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

N Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S NDobbs N Ehrhart YEpps Y Evans N Palls
Felton N Floyd YGodbee N 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 N 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 N Lawrence NLee N Lewis N Lifsey
Lord
Y Lucas N Maddox NMann Y Martin Y McBee N McCall Y McClinton Y McKinney N Mills
Mobley, B N Mobley, J Y Mosley
Mueller Y O'Neal
Orrock

On the motion, the ayes were 65, nays 95. The motion was lost.

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

N Smith, W Y Smyre N Snelling
NSnow N Stallings Y Stancil, F N Stancil, S
Y Stanley, L Y Stanley, P Y Stephenson N Streat Y Taylor Y Teague YTeper Y Thomas Y Tillman N Titus
N Towery N Trense Y Turnquest
Twiggs N Walker, L N Walker, R.L Y Wall
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 amendment was read:

FRIDAY, MARCH 17, 1995

2415

Representative Breedlove of the 85th moves to amend SB 32 by striking lines 1 through 8 on page 2 and inserting in lieu thereof the following:
"(b) No permit shall be issued under Code Section 12-8-24 for any solid waste handling facility other than a permit-by-rule facility, material recovery facility, compost facility or private industry solid waste disposal facility if any part of the premise proposed for per mitting would lie within any geographic area which can be shown to meet the following criteria:"
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

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

Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDix Y Dixon,H N Dixon, S Y Dobbs Y Ehrhart NEpps N Evans Y Palls
Pelton
Y Ployd NGodbee Y Golden Y Goodwin N Greene Y Grindley Y 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 Y Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly NLane Y Lawrence
YLee Y Lewis Y Lifsey
Lord N Lucas
Maddox YMann N Martin N McBee YMcCall
N McClinton N McKinney Y Mills
Mobley, B N Mobley, J N Mosley
Mueller N O'Neal N Orrock

Y Parham N Parrish Y Parsons N Pelote Y Perry Y Pinholster NPolak Y Porter N Poston
Powell
N Purcell, A N Purcell, B NRandall N Randolph
YRay N Reaves Y Reichert N Roberts Y Rogers
Royal Y Sanders Y Sauder N Scoggins N Shanahan YShaw N Shernll Y Shipp N Simpson N Sinkfield
Skipper N Smith, C Y Smith, C.W
Smith, L Y Smith, P N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 81, nays 83. The amendment was lost.

N Smith, W NSmyre Y Snelling NSnow N Stallings
Stancil, F Y Stancil, S N Stanley, L N Stanley, P N Stephenson NStreat N Taylor NTeague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest NTwiggs Y Walker, L Y Walker, R.L Y Wall
Watson Y Watts Y Westmoreland N Whitaker N White Y Wiles Y Williams, B Y Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

The following amendment was read:

Representative Breedlove of the 85th moves to amend SB 32 on line 14 of page three, striking the word "prior" and inserting the following:
"within one year following".

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

YAshe
Y Bailey
N Baker Y Bannister

N Barfoot Bargeron
N Barnard Y Barnes

Bates Y Benefield
N Birdsong
N Bordeaux

Bostick
Y Breedlove Brooks, D
N Brooks, T

N Brown, G Y Brown, J
Y Brush
YBuck

2416

JOURNAL OF THE HOUSE,

N Buckner YBunn Y Burkhalter NByrd Y Campbell N Canty
Carter Y Chambless
Channel! N Childers Y Coker Y Coleman, B N Coleman, T N Connell YCox Y Crawford Y Crews Y Culbreth N Cummings N Davis, G Y Davis, M YDay N DeLoach, B Y DeLoach, G YDix N Dixon, H N Dixon, S Y Dobbs Y Ehrhart NEpps N Evans Y Falls

Felton Y Floyd N Godbee Y Golden Y Goodwin Y 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 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 Y Lawrence YLee Y Lewis
Y Lifsey Lord Lucas
Y Maddox YMann N Martin N McBee Y McCall N McClinton N McKinney Y Mills
Mobley, B Y Mobley, J N Mosley
Mueller N O'Neal N Orrock N Parham N Parrish Y Parsons N Pelote Y Perry Y Pinholster N Polak Y Porter

N Poston
Powell Y Purcell, A N Purcell, B NRandal! N Randolph
YRay Y Reaves Y Reichert N Roberts Y Rogers
Royal Y Sanders Y Sauder N Scoggins
Shanahan YShaw N Sherrill Y Shipp N Simpson N Sinkfield
Skipper N Smith, C Y Smith, C.W Y Smith, L Y Smith, P N Smith, T Y Smith, V Y Smith, W NSmyre Y Snelling YSnow

N Stallings N Stancil, F
Stancil, S N Stanley, L N Stanley, P N Stephenson N Street N Taylor NTeague NTeper N Thomas N Tillman Y Titus Y Towery YTrense N Turnquest NTwiggs Y Walker, L Y Walker, R.L N Wall
Watson
Y Watts Y Westmoreland Y Whittker
N White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods YYates
Murphy, Spkr

On the adoption of the amendment, the ayes were 90, nays 71. The amendment was adopted.

Representative Sinkfield of the 57th moved that the House reconsider its action in adopting the Breedlove No. 2 amendment.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe N Bailey Y Baker N Bannister N Barfoot
Bargeron Y Barnard N Barnes
Bates N Benefield N Birdsong Y Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush
NBuck Y Buckner NBunn Y Burkhalter YByrd N Campbell Y Canty Y Carter N Chambless
Channel!
Y Childers Y Coker N Coleman, B Y Coleman, T

Y Connell
YCox N Crawford Y Crews N Culbreth Y Cummings Y Davis, G N Davis, M NDay Y DeLoach, B N DeLoach, G NDix Y Dixon, H Y Dixon, S N Dobbs N Ehrhart YEpps Y Evans N Falls
Felton
N Floyd Godbee
N Golden N Goodwin Y Greene N Grindley Y Hanner N Harbin N Harris
Hart Y Heard Y Heckstall Y Hegstrom

N Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson Y Hugley
N Irvin Y James N Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones N Joyce N Kaye N Kinnamon
N Klein NLadd N Lakly NLane N Lawrence NLee N Lewis N Lifsey
Lord Lucas N Maddox NMann Y Martin Y McBee N McCall

N McClinton Y McKinney Y Mills
Mobley, B N Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock Y Parham Y Parrish N Parsons Y Pelote N Perry N Pinholster Y Polak N Porter Y Poston
Powell Purcell, A
N Purcell, B YRandall Y Randolph NRay Y Reaves N Reichert Y Roberts N Rogers
Royal N Sanders N Sauder Y Scoggins Y Shanahan

NShaw Y Sherrill N Shipp N Simpson Y Sinkfield
Skipper
Y Smith, C N Smith, C.W
Smith, L N Smith, P Y Smith, T N Smith, V N Smith, W YSmyre N Snelling
Snow Y Stallings Y Stancil, F
N Stancil, S Y Stanley, L Y Stanley, P Y Stephenson NStreat Y Taylor YTeague YTeper Y Thomas Y Tillman N Titus N Towery NTrense Y Turnquest YTwiggs

FRIDAY, MARCH 17, 1995

2417

Y Walker, L N Walker, R.L Y Wall

Watson N Watts N Westmorland

N Whitaker Y White N Wiles

N Williams, B N Williams, J N Williams, R

Woods N Yates
Murphy, Spkr

On the motion, the ayes were 74, nays 86. The motion was lost.

The following amendment was read:

Representative DeLoach of the 172nd, et al. move to amend SB 32 by striking line 18 on page 1 and inserting in lieu thereof the following:
"Waste Management Act,' is amended by inserting at the end of Code Section 12-8-25.3, relating to restrictions on landfill sites within significant ground-water recharge areas, the following:
'(c) No permit or modification of an existing permit for a lateral expansion shall be issued for a municipal solid waste landfill located in an area designated by Hydrologic Atlas 18 prepared by the Department of Natural Resources as a significant ground-water recharge area including, but not limited to, those areas designated as probable areas of thick soils, which has a ground surface area of 75 square miles or less.
(d) No permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing range.'
SECTION 2.
Said part is further amended by adding after Code".
By renumbering Sections 2 and 3 as Sections 3 and 4, respectively.

The following amendment was read and adopted:

Representative Ray of the 128th moves to amend the DeLoach amendment to SB 32 as follows:
On page 1, line 11, after the word "landfill" add the following:
"or for land application of municipal sewage sludge".

The DeLoach amendment, as amended, was adopted.

The following amendment was read:

Representative Dobbs of the 92nd moves to amend SB 32 by striking on line 10 on page 2 the following:
"four-mile"
and inserting in lieu thereof the following: "two-mile".
By striking on line 13 of page 2 the word "five" and inserting in lieu thereof the following: "all or a portion of three".
By striking line 2 on page 3 and inserting in lieu thereof the following:

2418

JOURNAL OF THE HOUSE,

"requiring a new permit; provided, however, that a permit for a vertical expansion not to exceed 5 million tons capacity may be granted if all permitted landfills wholly or par tially in the two-mile radius circular geographic area are in compliance with state and federal laws and regulations and any applicable remedial plans have been implemented."

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 Y Barfoot
Bargeron Y Barnard Y Barnes
Bates Y Benefield Y Birdsong N Bordeaux N Bostick Y Breedlove Y Brooks, D N Brooks, T N Brown, G
Y Brown, J
Y Brush YBuck Y Buckner YBunn N Burkhalter NByrd Y Campbell
N Canty
N Carter
Y Chambless Channell
Y Childers N Coker Y Coleman, B
N 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 N Dixon, H N Dixon, S Y Dobbs Y Ehrhart NEpps N Evans Y Falls
Felton Y Floyd NGodbee Y Golden Y Goodwin N Greene Y Grindley N Manner Y Harbin N Harris NHart N Heard N Heckstall N Hegstrom Y Hembree N Henson N Holland N Holmes N Howard Y Hudson

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

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

Y Smith, W NSmyre Y Snelling NSnow N Stallings
N Stancil, F N Stancil, S N Stanley, L N Stanley, P N Stephenson NStreat N Taylor N Teague NTeper N Thomas N Tillman Y Titus Y Towery Y Trense N Turnquest NTwiggs N Walker, L Y Walker, R.L N Wall N Watson Y Watts Y Westmorland N Whitaker N White Y Wiles Y Williams, B N Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the adoption of the amendment, the ayes were 85, nays 82. The amendment was adopted.

Representative Holmes of the 53rd moved that the House reconsider its action in adopting the Dobbs amendment.
On the motion, the roll call was ordered and the vote was as follows:

NAshe Bailey
Y Baker Bannister
N Barfoot Bargeron
N Barnard N Barnes
Bates Y Benefield N Birdsong Y Bordeaux Y Bostick N Breedlove N Brooks, D Y Brooks, T

Y Brown, G N Brown, J N Brush NBuck N Buckner N Bunn Y Burkhalter YByrd N Campbell Y Canty
Carter N Chambless
Channell N Childers Y Coker N Coleman, B

N Coleman, T N Connell NCox N Crawford Y Crews N Culbreth Y Cummings Y Davis, G N Davis, M YDay Y DeLoach, B N DeLoach, G NDix
Y Dixon, H Y Dixon, S N Dobbs

N Ehrhart
YEpps Y Evans
N Falls Felton
N Floyd Y God bee
N Golden N Goodwin Y Greene N Grindley
Hanner N Harbin Y Harris YHart Y Heard

Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland Y Holmes Y Howard N Hudson Y Hugley Nlrvin Y James N Jamieson Y Jenkins N Johnson, G N Johnson, J Y Johnston

FRIDAY, MARCH 17, 1995

2419

Y Jones N Joyce NKaye N Kinnamon
N Klein NLadd N Lakly NLane N Lawrence YLee N Lewis N Lifsey
Lord Y Lucas N Maddox NMann Y Martin Y McBee NMcCall Y McClinton

McKinney N Mills
Mobley, B N Mobley, J Y Mosley
Muellei N O'Neal Y Orrock N Parham N Parrish N Parsons Y Pelote N Perry Y Pinholster Y Polak N Porter N Poston
Powell Y Purcell, A N Purcell, B

Y Randall Y Randolph
NRay Y Reaves N Reichert Y Roberts N Rogers
Royal N Sanders N Sauder
Scoggins N Shanahan
NShaw N Sherrill N Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C N Smith, C.W

Smith, L N Smith, P Y Smith, T N Smith, V
Smith, W YSmyre N Snelling NSnow Y Stallings N Stancil, F Y 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
Wall Watson N Watts N Westmoreland Y Whitaker Y White N Wiles N Williams, B Y Williams, J
N Williams, R Woods
N Yates Murphy, Spkr

On the motion, the ayes were 71, nays 86. The motion was lost.

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

N Ashe N Bailey Y Baker N Bannister N Barfoot
Bargeron Y Barnard
YBarnes Bates
N Benefield 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 NBunn Y Burkhalter
YByrd N Campbell
Y Canty Y Carter N Chambless
Channel! Y Childers Y Coker
Coleman, B Y Coleman, T
Y Connell YCox Y Crawford

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

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

Y Parham N Parrish N Parsons Y Pelote N Perry Y Pinholster Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves N Reichert Y Roberts N Rogers
Royal N Sanders N Sauder Y Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson Y Sinkfield
Skipper Y Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T N 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 Y Teague YTeper Y Thomas Y Tillman N Titus
N Towery
N Trense Y Turnquest Y Twiggs Y Walker, L N Walker, R.L Y Wall
Watson N Watts N Westmoreland N Whitaker Y White N Wiles Y Williams, B Y Williams, J N Williams, R
Woods N Yates
Murphy, Spkr

On the passage of the Bill, as amended, the ayes were 101, nays 61,
The Bill, having received the requisite constitutional majority, was passed, as amended.

2420

JOURNAL OF THE HOUSE,

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

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.

The following Senate substitute was read:

A RESOLUTION
Compensating Mr. Robert T. Cramer; and for other purposes.
WHEREAS, on June 1, 1993, Mr. Robert T. Cramer fell in a puddle of water on the premises of the Georgia State Farmers' Market on Eisenhower Parkway in Macon, Geor gia, and fractured his pelvis, sustained compression fractures of his spine, and suffered bruises and abrasions; and
WHEREAS, Mr. Cramer's expenses relating to his injuries were $7,500.00; and
WHEREAS, Mr. Cramer's injuries and loss occurred through no fault or negligence on the part of the Department of Agriculture, but it is only fitting and proper that he be compen sated for his travel expenses for medical treatment.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Agriculture is authorized and directed to pay the sum of $500.00 as compensation to Mr. Cramer as provided above. Said sum shall be paid from funds appropriated to or otherwise available to said department and shall be full and com plete satisfaction of all claims against the state arising out of the same occurrence.

Representative Reichert of the 126th moved that the House disagree to the Senate substitute to HR 277.
The motion prevailed.

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.

The following Senate substitute was read:

A RESOLUTION
Compensating Five Star Dodge, Inc., and Mr. William H. Clark; and for other purposes.
Part 1
WHEREAS, on September 3, 1991, Five Star Dodge, Inc., located in Macon, Georgia, sold a 1991 Mazda pickup truck to Mr. Stephen Thomas; and
WHEREAS, Five Star Dodge, Inc., sent the certificate of origin and title application to the Motor Vehicle Division of the Department of Revenue reflecting that Chrysler Credit Corporation was to be shown as first lien holder on such Mazda pickup truck (ID: JM2UF3135M0141786); and
WHEREAS, Chrysler Credit Corporation should have been shown as the security interest holder on Georgia Certificate of Title Number 23391769; and
WHEREAS, Georgia Certificate of Title Number 23391769 was processed in the name of Stephen R. Thomas without reflecting Chrysler Credit Corporation as the security interest holder; and

FRIDAY, MARCH 17, 1995

2421

WHEREAS, Mr. Thomas borrowed money from Trust Company Bank of Middle Georgia using the Mazda pickup truck as collateral and a title was issued reflecting Trust Com pany Bank of Middle Georgia as the security interest holder; and
WHEREAS, Mr. Thomas subsequently sold the Mazda pickup truck and the Trust Com pany Bank of Middle Georgia was paid and the lien on the motor vehicle was released; and
WHEREAS, in the meantime around June, 1992, the monthly payments to Chrysler Credit Corporation were suspended and, because the financing agreement was with recourse to the dealer, Chrysler Credit Corporation demanded the balance due on the Mazda pickup truck from Five Star Dodge, Inc.; and
WHEREAS, although the Department of Revenue issued a special certificate of title show ing Stephen Thomas as the owner of and Chrysler Credit Corporation as the first lien holder on the Mazda pickup truck, the purchaser of the truck claimed that the special title showing Chrysler Credit Corporation as the first lien holder could not take precedence over the title previously issued which reflected the lien of Trust Company Bank of Middle Georgia; and
WHEREAS, Five Star Dodge, Inc., was unable to regain possession of the motor vehicle or locate Mr. Thomas and, as a result of the issuance of an incorrect certificate of title on the motor vehicle, has suffered property loss totaling $7,500.00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Five Star Dodge, Inc., and it is only fitting and proper that the company be compensated for its loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Revenue is authorized and directed to pay the sum of $4,736.68 to Five Star Dodge, Inc., as compensation to pay off the loan to Chrysler Credit Corporation. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Part 2
WHEREAS, in 1985, Mr. William H. Clark became manager of the golf course at the Roosevelt Warm Springs Institute for Rehabilitation which is under the jurisdiction of the Department of Human Resources; and
WHEREAS, such employment was pursuant to a golf course manager's contract which was renewed annually until Mr. Clark suffered a stroke on April 29, 1994; and
WHEREAS, once Mr. Clark suffered his stroke, his position with the golf course was ter minated on August 5, 1994; and
WHEREAS, Mr. Clark has suffered medical expenses and, as a result of being misled about his employment status and the failure of the Roosevelt Warm Springs Institute for Rehabilitation to renew his contract, Mr. Clark has suffered personal injury loss totaling $6,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Human Resources is authorized and directed to pay the sum of $6,000.00 to Mr. William H. Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Representative Reichert of the 126th moved that the House disagree to the Senate substitute to HR 319.
The motion prevailed.

2422

JOURNAL OF THE HOUSE,

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 Senate substitute was read:

A BILL
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to 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 Code Section 40-6-6 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, er 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. (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 negligent disregard for proper law enforcement procedures in the officer's decision to initiate or

FRIDAY, MARCH 17, 1995

2423

continue the pursuit. Where such negligent 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 negligent disregard shall not in and of itself estab lish 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 aa 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 e* and imprisoned for p te 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 $609:00 $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 13 months, e* %eth 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 fivc-ycai1 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 e* and imprisoned for p te 13 months, e* 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 and; 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 <rf 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 el a high and aggravated nature

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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.

Representative Holland of the 157th moved that the House disagree to the Senate substitute to HB 409.
The motion prevailed.

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.

The following Senate amendment was read:

Amend HB 338 by striking in its entirety line 15 of page 1 and inserting in lieu thereof the following:
"The witness fee shall be $10.00 $20.00 per diem, and execution".

Representative Barnes of the 33rd moved that the House disagree to the Senate amendment to HB 338.
The motion prevailed.

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-

The following Senate amendment was read:
Amend HB 601 by striking the word "commissioner" on line 16 page 3 and inserting the word "department".
Representative Snow of the 2nd moved that the House disagree to the Senate amend ment to HB 601.
The motion prevailed.
The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

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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.

Representative Lucas of the 124th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 557 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Sherrill of the 62nd, Childers of the 13th and Lucas of the 124th.

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

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 Senate substitute was read:

A BILL
To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, 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; to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to change the provisions relat ing 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 provi sions relating to written questionnaires for prospective jurors and voir dire examination; to change the provisions relating to the compensation 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 oath of grand jurors; 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; 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 select a jury in civil actions; to change the provisions relating to the required panel from which to select a jury in a misdemeanor trial; to change the provisions relating to strikes; to change the provisions

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relating to the furnishing of juries with refreshments and heat; to provide for the furnish ing of heat and air conditioning, privacy, furnishings, facilities, food, and beverages; to pro vide for additional grounds for the challenge of a prospective juror for cause; to provide for other matters relating to juries and jurors; to amend Code Section 17-7-150 of the Offi cial Code of Georgia Annotated, relating to procedures for change of venue, so as to pro vide additional procedures for change of venue; 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 provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-6-77, relating to fees of superior court clerks, is amended by striking sub section (e) and inserting in its place a new subsection to read as follows:
"(e) Costs in civil cases: (1) As used in this subsection, the term 'civil cases' shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, con demnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section. (2) Except as provided in paragraph {3} paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions. (3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action: (A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each...............................................................................................................$ 1.00 All bonds over 500, each................................................................................................ .50 (B) Recording on final record, per page..................................................................... 1.50 (4) The total sum for all services rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 shall be $20.00. Such sum shall be inclusive of any additional sums which may be provided for by other laws except costs for service of process; and any remittances required to be made b_ the clerk of superior court in such cases shall be made from such $20.00. No additional sums, other than costs for service of process, shall be charged or collected in a family violence case. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3. {4)^5} Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party."
SECTION 2. 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.

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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 3. 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. (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 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. (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.

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(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 4. 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, subject to the approval of the governing authority of the county, to increase the compensation provided by this Code section for the com missioners and clerk in an amount not exceeding $100.00 for each day's service, to be paid in like manner."
SECTION 5. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Sec tion 15-12-40, which reads 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 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

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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 6. Said chapter if further amended by striking in its entirety subsection (b) of Code Section 15-12-67, relating to the selection of a foreperson and oath of the foreperson and grand jurors, and inserting in lieu thereof the following:
"(b) The following oath shall be administered to the foreperson and to each member of the grand jury:
'You, as foreperson (or member) of the grand jury for the County of ___________, shall diligently inquire and true presentment make of all such mat ters and things as shall be given you in the court's charge or shall come to your knowl edge touching the present service; the prosecuting attorney and members of the grand jury 8nCux keep sccpct ftnywiHii OCCUHift Hi vn& rftttr jury POOIR sjici you sn&ii Keep the deliberations of the grand jury secret unless called upon to give evidence thereof in some court of law in this state. You shall present no one from envy, hatred, or mal ice, nor shall you leave anyone unpresented from fear, favor, affection, reward, or the hope thereof, but you shall present all things truly and as they come to your knowl edge. So help you God.'"
SECTION 7. Said chapter is further amended in Code Section 15-12-71, relating to the duties of grand juries, by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof the following:
"(b)(l) The grand jury shall at least once in each calendar year inspect the condition and operations of the county jail. The grand jury shall at least once in every three calendar years inspect and examine the offices and operations of the clerk of superior court, the district attorney, the judge of the probate court, and the county treasurer or county depository. If the office of the district attorney is located in the county in which the grand jury is empaneled, the grand jury shall inspect and examine the offices of the district attorney at least once in every three calendar years. If the offices of the district attorney are located in a county other than the county in which the grand jury is empaneled, the grand jury may inspect the offices of the district attorney as the grand jury deems necessary or desirable."
SECTION 8. 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 the state courts, the judge, at eaeh term; shall make p fre the away- two- panels of sat jwers eaeh from the trial jwers which shall he known and distinguished as panels RumDCf one cmci inuuDcr two. All C&SGS m sucii COUFTS siiftii TJC tried oy one vt tf&c ether ef-sueh panels if the portico agree upon a panefc If- the parties de net agree upon a panel; the elerk- shall furnish the parties er- their- attorneys a list of- beth panels- treat
trie pQPtic9 01* tficif ftttomeys m&y striKC ftttcirifltdy until tiicrc i?c only BIX left; who shall constitute the jury te try the ease each party may demand a full panel of 12 competent and impartial jurors from which to select 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 the parties or their attorneys may strike alternately, with the plaintiff exercising the first strike, until a jury of six persons is impaneled to try the case.

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(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 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 ipom TR APFAy two pfinds of TS jurors eficn from tne tfiAi jurors wnicn 911AII DC known and distinguished as panels 'number ene2 and 'number twe^ AH civil eases in the supe rior courts ahall be tried by one or the ether ef- the panels if-the parties shaft agree ttpeft A pAi)x7 XT tne pflFttes QO HOT Apee upon ft pAne/T^ wie cierK 3iifl.ii lurmyii trie pojttes or their attorneys a list ef-both panels, from which the parties er their attorneys may strike A!tevnfttely until tiiei^e Afe only xs jurors icitj wno sftflii COD9111ute tnc jury TO try Tfte ease each party may demand a full panel of 24 competent and impartial jurors from which to select 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 b^ 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 the parties or their attorneys may strike alternately, with the plaintiff exercising the first strike, until a jury of 12 persons is impaneled to try the case."
SECTION 9. 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){4) Except as provided in paragraph {3} 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 select a jury. When one or more of the regular panel of trial jurors is absent or for any reason is disqualified, the presid ing 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. (b){3> 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 4b) f this Code section as provided in subsection (b) of Code Section 15-12-122. v&7--"^ All civil fictions HI tne superior courtst eAcn porty muy ucmflnci A tun punex or s4 competent ond impflrtifti JUPOFS iponi wiiicn to striice A jury, wncn one of more ot the feguktf panel ef- trial jarers is absent er for any reason is disqualified, the presiding
additional competent and impartial jrers te the number ef 34 before requiring the par ties er their counsel te strike a jaryr"
SECTION 10. 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 mAy select cittiei1 pAnei of six or tne triAi JUPOPS. XT tttey QO not fierce upon A pAnci, tnc? eeurt shall have a panel made up ef IS jttrers in attendance, ef which each party may demand a full panel of 12 competent and impartial jurors from which to select 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

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right to challenge four peremptorily, and the state two. The remaining six shall consti tute the jury."
SECTION 11. Said chapter is further amended by striking Code Section 15-12-141, which reads as fol lows:
"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 12. 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 jttfer because of mental illness or mental retardation, or that he the juror is intoxicated; e* (4) That h the juror is so near of kin to the prosecutor, the accused, or the victim as to disqualify him the juror by law from serving on the jury?j (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 13. Code Section 17-7-150 of the Official Code of Georgia Annotated, relating to procedures for change of venue, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a){l) The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in his the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral testimony in support of or against the motion. If, from the evidence submitted, the judge is satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue; the judge shall transfer it the case to any county that may be agreed upon by the prosecuting attorney and the defendant or his the defense counsel, to be tried in the county agreed upon. The judge has the discretion to reject any county agreed upon;i ff if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects a county agreed upon, the judge shall select such county as; in his the judge's judg ment; will afford a fair and impartial jury to try the case and have it transferred accordingly.

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(2) In the exercise of such discretion, the judge shall consult with the chief superior court judge of the circuit in which a county of transfer lies and consider the following factors:
(A) The existing criminal and civil trial calendars of the transfer county: (B) The frequency of use as a transfer county; (C) The estimated length of trial; (D) The proposed date of trial; (E) Whether or not the jury is to be sequestered; (F) Which county shall be responsible for court security, prisoner security, bailiffs, jailers, and clerks of court personnel; (G) Jury transportation; (H) Securing hotel accommodations in the event of jury sequestration; (I) Securing of meals for jurors and other court personnel; (J) which county will guarantee and pay vendors for services rendered; (K) The necessity for deposit or prepayment of expenses by the county of the crime venue; and (L) All other matters which reasonably may affect the orderly administration of jus tice in the transfer county. In the event of disagreement between the trial judge and the chief judge of the transfer circuit, the district administrative judge for the pro posed transfer of venue shall have final responsibility for resolving the dispute. (3) Either b_ the agreement of the defense counsel, the prosecuting attorney, and the judge or by the exercise of discretion by the judge the trial jury may be selected from qualified jurors of the transfer county, although the trial of the criminal case may take place in the county of the venue of the alleged crime. In the exercise of discretion, to select the jury in the transfer county but to try the case in the county of venue of the alleged crime, the judge shall consult with the chief superior court judge of the circuit in which the county of transfer lies and consider all of the factors provided in subparagraphs (A) through (L) of paragraph (2) of this subsection as well as the fol lowing factors: (A) The hardship of sequestration a distance from home on the jurors: (B) The comparison of court space available; (C) The comparison of security, jail, clerical, and support staff; (D) The costs to conduct the trial in each place; (E) The impact of trial on the orderly administration of justice in each county; (F) The impact on witnesses; (G) The availability of hotel accommodations and meals for jurors in each county; (H) The effect on the prosecuting attorney and defense counsel in each county; and (I) All other matters which would afford a fair trial and the orderly administration of justice. In the event of disagreement between the trial judge and the chief judge of the trans fer circuit, the district administrative judge for the proposed transfer of venue shall have final responsibility for resolving the dispute."
SECTION 14. 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

FRIDAY, MARCH 17, 1995

2433

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 15. This Act shall become effective July 1, 1995, and Section 1 of this Act shall apply with respect to actions filed on or after that date.
SECTION 16. This Act shall become effective July 1, 1995. Section 13 of this Act shall apply to all crimi nal cases in which the county of transfer has not been designated by court order.
SECTION 17. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Cox of the 160th moves to amend the Senate substitute to HB 704 as fol lows:
Delete Section 1 and renumber sections accordingly.

Representative Cox of the 160th moved that the House agree to the Senate substitute, as amended by the House, to HB 704.
On the motion, the roll call was ordered and the vote was as follows:

Ashe Bailey Baker Y Bannister Barfoot Bargeron Y Barnard Y Barnes Bates Benefleld Birdsong Y Bordeaux Y Bostick Breedlove Y Brooks, D Brooks, T Brown, G Y Brown, J Brush YBuck
Y Buckner YBunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channel!
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
Day DeLoach, B DeLoach, G YDix Dixon, H Y Dixon,S
Dobbs Y Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley
Hanner Harbin Y Harris YHart Heard Heckstall Hegstrom Y Hembree Henson Y Holland Holmes Howard Y Hudson

Hugley
Y Irvin
James Y Jamieson Y Jenkins
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
Martin Y McBee
McCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J
Mosley Mueller Y O'Neal Orrock

On the motion, the ayes were 110, nays 0.

Parham Y Parrish
Parsons Pelote Y Perry Y Pinholster Y Polak Porter Y Poston Y Powell Y Purcell, A Purcell, B Randall Y Randolph Ray Y Reaves Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Scoggins Y Shanahan Shaw Y Sherrill 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 Y Stallings Y Stancil, F Stancil, S Stanley, L Stanley, P 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
Whitaker
White Y Wiles Y Williams, B Y Williams, J
Williams, R Woods YYates
Murphy, Spkr

2434

JOURNAL OF THE HOUSE,

The motion prevailed.

HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd, Baker of the 70th, Randolph of the 72nd and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the mem bers of the board of county commissioners, the sheriff, the judge of the pro bate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

The following Senate amendment was read:

Amend HB 1013 by striking line 32 of page 1 in its entirety and inserting in lieu thereof the following:
"(4) Judge of the Juvenile Court...................................................................................90%'".
By striking line 1 of page 2 in its entirety.
By striking lines 3 through 10 of page 2 in their entirety and inserting in lieu thereof the following:
"Said Act is further amended by striking Section 2.1 in its entirety and inserting in lieu thereof a new Section 2.1 to read as follows:
SECTION 2.1.
Notwithstanding any other provision of law to the contrary, the chief executive officer of DeKalb County shall receive an annual salary of $95,806.00; the members of the Board of County Commissioners shall receive an annual salary of $19,443.00; and the tax commissioner shall receive an annual salary of $70,664.00.'".
By striking lines 22 through 26 of page 2 in their entirety and inserting in lieu thereof the following:
"(3) Chief magistrate...........................................................................................................75%
(4) Associate magistrate...................................................................................................67.5%
(5) District attorney......................................................................................................93.5%'".

The following amendment was read and adopted:

Representative Ladd of the 59th, et al. move to amend the Senate amendment to HB 1013 as follows:
Line 15 change "$95,806.00" to "$93,806.00".

Representative Lawrence of the 64th moved that the House agree to the Senate amendment, as amended by the House, to HB 1013.
On the motion the ayes were 110, nays 0.
The motion prevailed.

FRIDAY, MARCH 17, 1995

2435

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 Senate amendment was read:

Amend HB 288 by deleting on line 19 pg. 1 after the word work, "and ending with the word Governor,".

The following amendment was read and adopted:

Representatives Watson of the 139th and Irvin of the 45th move to amend the Senate amendment to HB 288 by inserting on line 3 of page 1 after "Governor;" the following and adding:
"to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the 'Georgia Housing and Finance Authority Act,' so as to change the provisions relating to obligations not subject to the 'Georgia Securities Act of 1973'; to amend the sunset provision for issuing certain industrial development bonds;".
"SECTION 1.5.
Chapter 26 of Title 50 of the Official Code of Georgia Annotated, known as the 'Georgia Housing and Finance Authority Act,' is amended by striking in its entirety paragraph (2) of subsection (i) of Code Section 50-26-10, relating to obligations not subject to the 'Geor gia Securities Act of 1973' and payment of operating costs and expenses, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) The authority shall not have outstanding at any one time bonds and notes for financing of enterprises, other than enterprises contained in a health facility and other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 36; 1006 June 30, 1997; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.'".

Representative Snow of the 2nd moved that the House agree to the Senate amend ment, as amended by the House, to HB 288.
On the motion, 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 YBenefield Birdsong Y Bordeaux YBostick Breedlove Y Brooks, D Brooks, T Brown, G

Y Brown, J Brush
Y Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell
Canty Y Carter
Chambless Y Channell YChilders Y Coker Y Coleman, B
Coleman, T Y Connell

Y Cox Y Crawford
Crews Y Culbreth Y Cummings
Davis, G Y Davis, M
Day DeLoach, B Y DeLoach, G Y Dix Y Dixon, H Y Dixon, S Dobbs Y Ehrhart Y Epps Evans

Y Falls Y Felton Y Floyd Y Godbee
Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin
Harris Y Hart
Heard Heckstall Y Hegstrom Y Hembree Y Henson

Y Holland Holmes Howard
Y Hudson Y Hugley Y Irvin
James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce Y Kaye Y Kinnamon Y Klein

2436

JOURNAL OF THE HOUSE,

Y Ladd Y Lakly Y Lane
Lawrence Y Lee Y Lewis Y Lifsey Y Lord Y Lucas
Maddox Y Mann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills
Mobley, B
Y Mobley, J

Mosley Mueller O'Neal Orrock Parham Y Parrish Parsons Pelote Y Perry Y Pinholster Y Polak Y Porter Y Poston Y Powell Y Purcell, A Purcell, B Randall Y Randolph
Ray

Y Reaves Reichert
Y Roberts Y Rogers
Royal Y Sanders Y Sauder
Scoggins Y Shanahan
Shaw 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 Y Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Stephenson Streat Y Taylor Teague Y Teper Y Thomas Tillman
Y Titus

Y Towery Y Trense
Turnquest Y Twigga
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 motion, the ayes were 119, nays 0. The motion prevailed.

HB 1016.

By Representatives Smith of the 109th, Maddox of the 108th and Sanders of the 107th:
A bill to amend an Act creating the Henry County Development Authority, so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacancies.

The following Senate substitute was read:

A BILL
To amend an Act creating the Henry County Development Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, particularly by an Act approved April 10, 1975 (Ga. L. 1975, p. 2833), an Act approved March 7, 1980 (Ga. L. 1980, p. 3087), an Act approved April 12, 1982 (Ga. L. 1982, p. 4078), and by an Act approved February 15, 1985 (Ga. L. 1985, p. 3549), so as to change the terms and manner of appointment of members of the Authority; to provide for designated posts for such members; to provide for vacan cies; to change provisions relating to the qualifications and compensation of members and reimbursement of expenses; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating the Henry County Development Authority, approved March 28, 1967 (Ga. L. 1967, p. 2291), as amended, particularly by an Act approved April 10, 1975 (Ga. L. 1975, p. 2833), an Act approved March 7, 1980 (Ga. L. 1980, p. 3087), an Act approved April 12, 1982 (Ga. L. 1982, p. 4078), and by an Act approved February 15, 1985 (Ga. L. 1985, p. 3549), is amended by striking in its entirety subsections (a) and (d) of Section 4 and inserting in their respective places new subsections to read as follows:
"(a) The Authority shall consist of five members appointed by the Board of Commis sioners of Henry County ('board') from nominations as provided in this subsection. Those members of the Authority serving as such on February 1, 1995, and any person selected to fill a vacancy in such office shall serve for terms of office which expire at the first meeting of the board in January, 1996, and upon the appointment and qualifi cation of their respective successors. At such meeting, each member of the board from a numbered commissioner district shall nominate a person from such district to serve as a member of the Authority in a post corresponding to the number of such district. No person nominated to any post may serve in that post unless such nomination is

FRIDAY, MARCH 17, 1995

2437

approved by a majority of the board. Persons thus appointed to Posts 1, 2, and 3 from Commissioner Districts 1, 2, and 3 shall serve for initial terms of office which expire December 31, 1996. Persons thus appointed to Posts 4 and 5 from Commissioner Dis tricts 4 and 5 shall serve for initial terms of office which expire December 31, 1998. Suc cessors to the members of the Authority whose initial terms of office expire as provided in this subsection, and all future successors to such members whose terms of office are to expire, shall be appointed by the board from a nomination by the commissioner whose numbered commissioner district corresponds to the numbered post of the Author ity member whose term is to expire, shall be appointed at and take office upon the first meeting of the Board of Commissioners of Henry County in January immediately follow ing the expiration of such term, and shall serve for a term of office which expires upon the same date as the term of office of the commissioner who nominated them to such office upon the Authority. Members of the Authority in designated posts shall serve for the terms specified in this subsection and until their respective successors are appointed and qualified. All members of the Authority are eligible for reappointment if otherwise qualified. At the first meeting of the Authority in January each year, the members of the Authority shall select a chairperson, a vice-chairperson, a secretary, and a treasurer. All officers of the Authority shall be members of the Authority. All members of the Authority shall be citizens of the United States, shall be at least 21 years of age, shall have been a resident of this state for two years, and shall have been a resident of Henry County for one year. No member of the Authority shall be a full-time employee of the Authority during such member's term of office upon the Authority."
"(d)(l) The members of the Authority shall receive compensation as follows: The chairperson of the Authority shall receive $250.00 per month, the vice-chairperson and secretary shall each receive $225.00 per month, and the remaining members shall receive $200.00 per month. (2) The members of the Authority shall be reimbursed, upon approval by the Author ity, for actual expenses incurred for travel, meals, and lodging by a member on official business of the Authority outside of Henry County. In addition to the amount pro vided in this paragraph, each member shall receive per diem compensation in an amount set by the Authority not to exceed $100.00 per day. (3) In order that the Authority may, from time to time, take advantage of the special skills and expertise of a member of the Authority and provide appropriate compensa tion for services provided to the Authority by such member outside of such member's regular duties, the Authority is authorized, subject to the conditions in paragraph (4) of this subsection, to compensate such members for such additional services. The additional services shall include, but shall not be limited to, attendance at meetings other than regular and called meetings of the Authority; meetings with other govern mental entities and authorities or their designated representatives and any combina tion thereof regarding official Authority business; meetings with industrial prospects, realtors, developers, utility representatives, consultants, other representatives, and any combination thereof regarding official Authority business; meetings of agencies and organizations promoting industrial development such as the Atlanta Regional Commis sion, Metro South, or other such groups; and any similar meetings regarding official Authority business. (4) In order for any Authority member to receive compensation for services performed pursuant to paragraph (3) of this subsection, the Authority must first approve the proposed services and the compensation by a majority vote. Said approval must be made without the participation of the member to be compensated. The amount of compensation shall be determined by the members of the Authority, but in no case shall the compensation exceed $12.50 per hour with a maximum compensation of $100.00 per day."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Representative Smith of the 109th moved that the House agree to the Senate substi tute to HB 1016.

2438

JOURNAL OF THE HOUSE,

On the motion, the ayes were 110, nays 0. The motion prevailed.

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

Mr. Speaker: The Senate has disagreed to the House substitute to the following bill of the Senate:

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.

The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
/
HB 1013. By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the mem bers of the board of county commissioners, the sheriff, the judge of the pro bate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Skipper of the 137th moved that the House insist on its position in disagreeing to the Senate amendment to HB 365 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Skipper of the 137th, Godbee of the 145th and Ashe of the 46th.

FRIDAY, MARCH 17, 1995

2439

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

Representative Skipper of the 137th moved that the House adhere to its position in substituting SB 55 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Skipper of the 137th, Childers of the 13th and Parsons of the 40th.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House amendment to the Senate amendment thereto:

HB 1013.

By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd, Baker of the 70th, Randolph of the 72nd and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the mem bers of the board of county commissioners, the sheriff, the judge of the pro bate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

Representative Lawrence of the 64th moved that the House insist on its position in amending the Senate amendment to HB 1013 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 Lawrence of the 64th, Teper of the 61st and Williams of the 63rd.

The Speaker Pro Tern assumed the Chair.

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:

2440

JOURNAL OF THE HOUSE,

SB 385. By Senators Gillis of the 20th, Dean of the 31st and Ray of the 19th:
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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Safe Dams Act of 1978," so as to extend a certain exemption from such Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 12-5-372 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Safe Dams Act of 1978," is amended by striking in its entirety subparagraph (B) of paragraph (4) and inserting in lieu thereof the following:
"(B) The word 'dam' shall not include: (i) Any dam owned and operated by any department or agency of the United States government; (ii) Any dam constructed or financially assisted by the United States Soil Conser vation Service or any other department or agency of the United States govern ment when such department or agency designed or approved plans and supervised construction and maintains a regular program of inspection of the dam; provided, however, that this exemption shall cease on November 1, 1006 2000, only if funds are specifically appropriated on or before November l 1995, for purposes of inspection, reconstruction, and financial assistance with respect to such dams in an appropriations Act making specific reference to this division: otherwise this exemption shall cease on November 1^ 1995, all such dams over which the super vising federal agency has for all such dams over which the supervising federal agency has relinquished authority for the operation and maintenance of such a dam to a person unless the supervising federal agency certifies by said date and at least biannually thereafter to the director that such dams are in compliance with requirements of this part, including minimum spillway design, and with the maintenance standards of the supervising federal agency; (iii) Any dam licensed by the Federal Energy Regulatory Commission, or for which a license application is pending with the Federal Energy Regulatory Com mission; (iv) Any dam classified by the director as a category II dam pursuant to Code Section 12-5-375, except that such category II dams shall be subject to the provi sions of this part for the purposes of said Code Section 12-5-375 and for the pur poses of subsection (b) of Code Section 12-5-376; or (v) Any artificial barrier which is not in excess of six feet in height regardless of storage capacity, or which has a storage capacity at maximum water storage eleva tion not in excess of 15 acre-feet regardless of height."
SECTION 2. 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 SB 385 by inserting on line 4 on page 1, immediately following the word and symbol "Act;", the following:

FRIDAY, MARCH 17, 1995

2441

"to provide for a certain plan and report;".
By striking line 5 on page 2 and inserting in lieu thereof the following:
"federal agency. The division shall prepare a five-year plan to bring all noncomplying dams into compliance with this part and present such plan to the presiding officers of each house of the General Assembly not later than January 20, 1996;".

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
Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Bird&ong Y 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 Canty Y Carter Y Chambless Y 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
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 Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard 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
Lucas Y Maddox
Mann Martin Y McBee Y McCall McClinton McKinney Y Mills Mobley, B Y Mobley, J Mosley Mueller Y O'Neal Orrock

Y Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster YPolak Y Porter
Poston Y Powell
Y Purcell, A Y Purcell, B Y Randall Y Randolph
Ray Y Reaves
Reichert Y Roberts
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
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
Streat Y Taylor
Teague Y Teper Y Thomas
Tillman Y Titus
Towery Y Trense Y Turnquest Y Twiggs
Walker, L Y Walker, R.L YWall
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 140, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

HR 522. By Representative Lane of the 146th:
A resolution creating the Joint Subsequent Injury Trust Fund Study Com mittee.

The following substitute, offered by Representative Lane of the 146th, was read and adopted:

A RESOLUTION
Directing the House of Representatives to study certain issues regarding the Subsequent Injury Trust Fund; and for other purposes.

2442

JOURNAL OF THE HOUSE,

WHEREAS, much debate has occurred relative to the impact of the Americans with Dis abilities Act (ADA) on the Subsequent Injury Trust Fund and similar second injury funds of other states; and
WHEREAS, one argument reasons that, because the ADA prohibits discrimination in hir ing based upon disability and precludes an employer from inquiring about the medical his tory of a job applicant prior to the extension of an offer of employment, such funds are unnecessary; and
WHEREAS, the opposing argument contends that, in spite of the ADA's prohibition against discrimination due to disability, such discrimination persists; the ADA does not apply to employers with fewer than 15 employees and a large number of Georgia employ ers fall within this exception; and federal rules and regulations of the Equal Employment Opportunity Commission allow employers to inquire about the medical history of a job applicant after the extension of an offer of employment; and
WHEREAS, in light of the impact of the ADA and in the interest of efficiency and effec tiveness, a thorough study and evaluation of matters relative to the Subsequent Injury Trust Fund would be of great benefit to employers and employees of this state; and
WHEREAS, matters of particular concern and interest include fund settlements, salary structure and staff, the use of mediation in the settlement process, time limits relative to the response of the board of trustees of the fund, and the treatment of medical conditions such as obesity and arthritis.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Committee on Industrial Relations of the House of Representatives is directed to study the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate.

The 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 Bailey
Y Baker Y Bannister
Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux Y Bostick
Breedlove Y Brooks, D
Brooks, T Brown, G Y Brown, J Brush Y Buck Y Buckner
Y Bunn YBurkhalter YByrd Y Campbell
Canty Y Carter Y Chambless YChannell 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
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
Greene Y Grindley
Hanner Y Harbin Y Harris

Y Hart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson Y Hugley Y Irvin
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
Lawrence Y Lee Y Lewis Y Lifsey Y Lord

Lucas Y Maddox Y Mann
Martin Y McBee
McCall McClinton McKinney Y Mills Mobley, B Y Mobley, J Mosley Mueller Y O'Neal Y Orrock Y Parham Y Parrish Parsons Pelote Y Perry Y Pinholster
Y Polak Y Porter Y Poston
Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves

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
Smith, C.W Y Smith, L Y Smith, P
Smith, T Y Smith, V
Smith, W
Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L
Stanley,? Y Stephenson
Streat

FRIDAY, MARCH 17, 1995

2443

Y Taylor NTeague
Teper Y Thomas
Tillman

Y Titus Y Towery Y Trense
Turnquest Twiggs

Walker, L Y Walker, R.L Y Wall
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 adoption of the Resolution, by substitute, the ayes were 129, nays 1.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

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.

The following Committee substitute was read and adopted:

A BILL
To amend Code Section 19-8-18 of the Official Code of Georgia Annotated, relating to hearings on and decrees of adoption, so as to provide when such decrees shall not be sub ject to judicial challenge; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 19-8-18 of the Official Code of Georgia Annotated, relating to hearings on and decrees of adoption, is amended by adding at the end thereof two new subsections to read as follows:
"(e) A decree of adoption issued pursuant to subsection (b) of this Code section .shall not be subject to any judicial challenge filed more than six months after the date of entry of such decree. (f) Any decree of adoption issued prior to the effective date of this action shall not be subject to any judicial challenge more than six months after the effective date of this Act."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The report of the Committee, which was favorable to the passage of the Bill, by sub stitute, was agreed to.
On the passage of the Bill, by substitute, the ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substi tute.

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.

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

2444

JOURNAL OF THE HOUSE,

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
Brown, G Y Brown, J Y Brush
Buck Y Buckner
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

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

Y Hugley
Irvin
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 Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann Y Martin Y McBee Y McCall Y McClinton
McKinney Mills
Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal Y Orrock

Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPolak 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
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 YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor N Teague YTeper Y Thomas Tillman Y Titus Y Towery Y Trense Turnquest YTwiggs 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, the ayes were 148, nays 1. The Bill, having received the requisite constitutional majority, was passed.

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

HR 80. By Representative Parham of the 122nd: A resolution compensating Mr. Alonzo Key.

The following Senate substitute was read:

A RESOLUTION
Compensating Mr. Alonzo Key; and for other purposes.
WHEREAS, Mr. Alonzo Key is an employee at the Putnam Probation Boot Camp located on Forest Street in Eatonton, Georgia; and
WHEREAS, on June 29, 1994, Mr. Key parked his 1990 Honda Accord in the staff parking lot at the probation facility; and
WHEREAS, upon returning to his vehicle, Mr. Key found that it had a cracked windshield and dents and scratches on the right front and right rear doors; and
WHEREAS, it is believed that the vehicle was damaged by detainees cutting grass and weeding in the area; and

FRIDAY, MARCH 17, 1995

2445

WHEREAS, Mr. Key suffered property damage to his automobile in the amount of of $1,244.57; and
WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Key, and it is only fitting and proper that he be compensated for the amount of his deductible.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Mr. Alonzo Key as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and com plete satisfaction of all claims against the state arising out of said occurrence.
Representative Parham of the 122nd moved that the House disagree to the Senate substitute to HR 80.
The motion prevailed.
Under the general order of business, established by the Committee on Rules, the fol lowing Resolutions of the House were taken up for consideration and read the third time:

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.

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 545. By Representative Hart of the 116th:
A resolution creating the House Interagency Collaboration in Services to Youth 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 Y Barnard Y Barnes Y Bates
Y Benefield YBirdsong 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 Y Chambless
Y Channel! Y Childere 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
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
Manner Y Harbin Y Harris Y Hart Y Heard
Heckstall Y Hegstrom
Y Hembree Y Henson
Holland Y Holmes Y Howard Y Hudson Y Hugley
Irvin James Y Jamieson

Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
Kaye Y Kinnamon Y Klein
Y Ladd Y Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey Y Lord
Lucas Y Maddox

2446

JOURNAL OF THE HOUSE,

YMann Martin
Y McBee Y McCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley
Mueller Y O'Neal
Orrock Parham Y Parrish
Y Parsons 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 Y Sanders

Y Sauder Y 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 Y Smyre

Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague YTeper Y Thomas Tillman Y Titus Towery Y Trense

Y Turnquest Twiggs
Y Walker, L Walker, R.L Wall
Y Watson Y Watts
Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Yates Murphy, Spkr

On the adoption of the Resolution, the ayes were 143, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

The following Bill of the Senate was taken up for the purpose of considering the Senate's disagreeing to the House substitute thereto:

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.

Representative Childers of 13th moved that the House insist on its position in substi tuting SB 93.
The motion prevailed.

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

SB 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.

The following amendment was read and adopted:

Representative Purcell of the 9th, et al. move to amend SB 363 by striking in their entirety lines 10 through 12 of page 1 and inserting in lieu thereof the following:
"Georgia Higher Education Loan Program; to provide education grants to certain children of members of the Georgia National Guard who are killed, missing in action, or totally and permanently disabled while on active duty in the service of the United States or of this state and who are residents of this state; to define certain terms; to provide for the

FRIDAY, MARCH 17, 1995

2447

amount of grants contingent upon appropriations for such purpose; to provide for applica tion for and approval of grants and renewals thereof; to provide for the administration of the program; to provide for effective dates; to repeal conflicting laws; and for other pur poses.".
By inserting following line 35 of page 9 the following:
"Said article is further amended by adding following Subpart 9 of Part 3 a new Subpart 10 to read as follows:
'Subpart 10
20-3-480.
As used in this subpart, the term:
(1) "Approved school" means the same schools as enumerated in Code Section 20-3-391 relative to the state student incentive grant program.
(2) "Eligible student" means a person 25 years of age or younger who has been a resi dent of this state for a period of at least 12 months immediately prior to the date of registration in an approved school, who remains a citizen of the state while receiv ing funds under this subpart, and who is a child of a member of the Georgia National Guard as such term is defined in Code Section 38-2-3 who is killed or missing in action or totally and permanently disabled while on active duty in the service of the United States or of this state, and who was a resident of the State of Georgia at the time he or she was killed, reported as missing in action, or totally and permanently disabled. If such student is the adopted child of any such member of the Georgia National Guard, such student must have been adopted in a final order of adoption prior to the date that such member was killed, reported as missing in action, or totally and permanently disabled.
20-3-481.
(a) There is granted to each eligible student attending an approved school the sum of $2,000.00 per academic year. No person shall be eligible to receive grant assistance pro vided under this subpart in excess of $8,000.00. Grant assistance to eligible students under this subpart shall be payable during the period of a summer school quarter or semester. The payment of grants to eligible students under this subpart shall be contin gent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly.
(b) Any person otherwise meeting the conditions of this subpart shall be eligible to receive a grant even though the accident or the event causing the death or missing in action status of such person's parent occurred prior to July 1, 1995.
20-3-482.
(a) Any person meeting the conditions of this subpart may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing, that he or she remains a citizen of this state, and that he or she remains otherwise qualified to receive such grant under this subpart.
(b) The authority is authorized to prescribe such rules and regulations as may be neces sary or convenient for administration of this program and to establish procedures for determination of eligibility of applicants. The authority is also authorized to establish

2448

JOURNAL OF THE HOUSE,

standards and procedures for verifying the death or missing in action status of the appli cant's parent.'"
By striking in their entirety lines 36 and 37 of page 9 and inserting in lieu thereof the following:
"SECTION 10.
(a) Sections 1 through 8 of this Act shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
(b) Section 9 of this Act shall become effective July 1, 1995."
By renumbering Section 10 as Section 11.

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

YAshe Y 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
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
DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S YDobbs
Ehrhart
YEpps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin
Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Ylrvin
James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane Y Lawrence
Lee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann Y Martin YMcBee Y McCall
McCKnton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Orrock

Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Y Polak Porter
YPoston Y Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Reichert Y Roberts Y Rogers Y Royal N Sanders Y Sauder 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

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 Teague YTeper Y Thomas Tillman Y Titus
Towery YTrense Y Turnquest YTwiggs Y Walker, L Y Walker, R.L
Wall Y Watson
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, as amended, the ayes were 142, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

FRIDAY, MARCH 17, 1995

2449

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.

Representative Walker of the 141st moved that the House insist on its position in dis agreeing to the Senate substitute to HB 60 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, Jones of the 71st and Heard of the 89th.

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

SB 284. By Senators Henson of the 55th, Taylor of the 12th and Stair 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.

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 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 Y 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
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 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
James Y Jamieson
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 McKinney Y Mills
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
Powell Y Purcell, A
Purcell, B

Y Randall Y Randolph Y Ray Y Reaves Y Reichert Y Roberts
Rogers Y Royal Y Sanders Y Sauder
Scoggins Y Shanahan
Y Shaw Y Sherrill
Shipp Y Simpson
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 Y Snow Y Stallings Y Stancil, F

2450

JOURNAL OF THE HOUSE,

Y Stancil, S Stanley, L Stanley, P
Y Stephenson Y Streat Y Taylor

Teague YTeper
Thomas Tillman Y Titus Y Towery

Trense Y Turnquest
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 YYates
Murphy, Spkr

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

HR 536. By Representatives Watson of the 139th, Murphy of the 18th, Lee of the 94th, Epps of the 131st, Williams of the 63rd and others:
A resolution creating the House Lottery Retailers 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 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 Y Chambless Y Channell Y Childers Y Coker
Coleman, B Y Coleman, T
Connell
YCox Y Crawford

Y Crews Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G
Dix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans
Falls Felton
Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin
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
Johnson, J Y Johnston Y Jones Y Joyce
Kaye 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
McClinton McKinney Y Mills Mobley, B Y Mobley, J Mosley Mueller O'Neal Orrock

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter YPoston Y Powell Y Purcell, A
Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Smith, T Y Smith, V

Y Smith, W YSmyre
Snelling YSnow Y Stalling* 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 Wall
Y Watson Y Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B
Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

On the adoption of the Resolution, the ayes were 147, nays 0. The Resolution, having received the requisite constitutional majority, was adopted.

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.

FRIDAY, MARCH 17, 1995

2451

The following amendment was read and adopted:
Representative Cox of the 160th moves to amend SB 229 by adding on line 2 of page 1 between the word "as" and the word "to" the following:
"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 training, semi nars, and sanctions relating thereto for juvenile court judges and certain associate judges exercising juvenile court jurisdiction;".
By striking the word "Code" at the end of line 13 of page 1 and striking lines 14 through 17 on page 1 and inserting in lieu thereof the following:
"subsection (a) of Code Section 15-11-4.1, relating to training seminars for judges, and inserting in its place the following:
'(a) The Council of Juvenile Court Judgesz in conjunction with the Institute of Continu ing Judicial Education of Georgia, shall establish seminars for all judges and associate juvenile court judges exercising juvenile court jurisdiction and may make provisions rela tive to those seminars bj court rules properly adopted; provided, however, that all semiBftfs wHl be held wtthi this state said judges shall receive credit for attending seminars outside of this state only in circumstances of hardship as determined by the Council of Juvenile Court Judges.'
SECTION 2.
Said article is further amended by striking in its entirety subsection (d) of said Code Sec tion 15-11-4.1 and inserting in its place the following:
'(d) Each judge and associate juvenile court judge exercising juvenile jurisdiction shall participate in at least one seminar established or approved by the Council of Juvenile Court Judges each year and meet such rules as established by_ the council pertaining to such training. Superior court judges may meet this requirement by attending seminars held in conjunction with the seminars for superior court judges provided by the Institute for of Continuing Judicial Education of Georgia. Judges and associate juvenile court judges Seh jedges shall not exercise juvenile court jurisdiction after January 1, 1983, unless the Council of Juvenile Court Judges certifies that annual training has been accomplished or unless the judge is in the first year of his or her initial appointmentprovided, however, that the council may in hardship cases extend deadlines for compli ance with this Code section.'
SECTION 3.
Said article is further amended by striking Code Section 15-11-5.1, relating to commitment of a child 13 to 17 years of age to the custody of the Department of Corrections, and inserting in lieu thereof a new Code Section 15-11-5.1 to read as follows:".
By renumbering Sections 2 and 3 on page 2 as Sections 3 and 4, respectively.

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

Y Ashe Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
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 Y Canty Y Carter Y Chambless

Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Connell Y Cox

2452

JOURNAL OF THE HOUSE,

Crawford Y Crews Y Culbreth Y Cummings
Davis, G Davis, M YDay 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 Y Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner 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 Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord

Lucas Maddox Mann Martin Y McBee Y McCall 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
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
Sinkfield Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Smith, T Y Smith, V Y Smith, W NSmyre 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 Y Trense Turnquest Y Twiggs Walker, L Y Walker, R.L 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, as amended, the ayes were 143, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.

Representative Barnard of the 154th 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 Smyre of the 136th was not recorded correctly on the preceding roll call. He wished to be recorded as voting "aye" thereon.

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

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 following Senate amendment was read:

Amend HB 248 by inserting on line 5 on page 1, immediately following the word and sym bol "references;", the following:
"to provide that under certain circumstances a county governing authority may limit the amount of certain fees retained by certain officers; to provide for a certain report;"
By inserting immediately following line 17 on page 3 the following:
"SECTION 1A.
Said chapter is further amended by inserting immediately following Code Section 15-9-67 the following:

FRIDAY, MARCH 17, 1995

2453

'15-9-68.
Notwithstanding the provisions of subsection (e) of Code Section 31-10-8 and subsection (c) of Code Section 31-10-27, unless local law or an agreement between a judge of the probate court and the county governing authority provides for the retention of a greater amount, a county governing authority may, by ordinance or resolution, limit the total amount of fees authorized to be retained as personal compensation by a probate judge who serves as local custodian, local registrar, or special abstracting agent pursuant to Code Section 31-10-8 or 31-10-27 to an aggregate amount not less than an amount equal to the fees collected or $7,500.00, whichever is less, in any calendar year beginning on or after January 1, 1997. Any probate judge whose fees are limited pursuant to this Code section shall prepare and submit a report at least quarterly to the county governing authority specifying the amount received during the quarter for which the report is sub mitted.'"

Representative Channell of the lllth moved that the House agree to the Senate amendment to HB 248.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Bailey
Y Baker Y Bannister
Barfoot Y Bargeron
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
Brush Buck 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
Connell Cox Crawford

Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M YDay
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
Harris YHart 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
Jenkins Y Johnson, G Y Johnson, J Y Johnston Y Jones
Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin
Y McBee Y McCall
McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley
Mueller O'Neal Orrock

On the motion, the ayes were 131, nays 0. The motion prevailed.

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

Smith, W YSmyre Y Spelling 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 Y Turnquest
Twiggs Walker, L Y Walker, R.L Wall Y Watson Y Watts Westmoreland Y Whitaker White Y Wiles Y Williams, B
Y Williams, J Y Williams, R
Woods Yates Murphy, Spkr

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.

2454

JOURNAL OF THE HOUSE,

The following Senate amendment was read:

Amend HB 389 by striking line 11 on page 1 and inserting in lieu thereof the following:
"grounds; to provide for an exemption from the provisions of such part; to repeal con flicting laws; and for other purposes.".
By striking lines 9 and 10 on page 5 and inserting in lieu thereof the following:
"Said part is further amended by striking the word 'or' at the end of paragraph (6) of Code Section 12-5-295, relating to the applicability of such part; by striking the symbol '.' at the end of paragraph (7) of such Code section and inserting in lieu thereof the sym bol and word '; or'; and by inserting at the end of such Code section the following:
'(8) The reclamation of manmade boat slips as a part of any publicly funded construc tion project and ancillary development projects including, without limitation, hotels, restaurants, retail facilities, and recreational facilities, whether public or private, within any industrial areas continued in existence pursuant to Article XI, Section I, Paragraph IV, subparagraph (d) of the Constitution which are wholly contained on an island.'
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.".

Representative Bordeaux of the 151st moved that the House agree to the Senate amendment to HB 389.
On the motion the ayes were 98, nays 4.
The motion prevailed.

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 Senate amendment was read:

Amend HB 471 by adding on line 21 of page 2 between the word "biennially" and the period, the following:
"for professional engineers and not more than 15 hours biennially for land surveyors".

The following amendment was read and adopted:

Representatives Barnes of the 33rd and Watson of the 139th move to amend the Senate amendment to HB 471 by adding between lines 2 and 3 of page 1 the following:
"Amend HB 471 by adding on line 12 of page 1 between the semicolon and the word 'to' the following:
'to amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the defi nition of the term "plumbing";'".
By striking from line 3 of page 1 the following:

FRIDAY, MARCH 17, 1995

2455

"Amend HB 471 by",
and inserting in lieu thereof the following:
"By".
By adding below line 6 of page 1 the following:
"By renumbering Section 2 on page 2 as Section 3 and adding between lines 39 and 40 of page 2 the following:
SECTION 2.
Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraph (12) in its entirety and inserting in lieu thereof a new paragraph (12) to read as follows:
"(12) 'Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, or public or private water supply systems within or adjacent to any building, structure, or conveyance. The term 'plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the storm-water or sewerage and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal. Not withstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless of the cost or depth of any such plumbing system.'""

Representative Barnes of the 33rd moved that the House agree to the Senate amend ment, as amended by the House, to HB 471.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Coleman, T Connell
YCoi Crawford
Y Crews Culbreth
Y Cummings Y Davis, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Diion, S Y Dobbs Y Ehrhart
YEpps Y Evans
Falls Y Felton Y Floyd Y God bee Y Golden Y Goodwin
Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart
Heard

Y HeckstaU Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard
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 YLakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann

Martin YMcBee YMcCall
McClinton McKinney N Mills Y Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Orrock YParham Y Fairish
Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter YPoston Y Powell Y Purcell, A
Purcell, B Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal

Sanders Y Sauder
Scoggins Y Shanahan
Shaw Y Sherrill
Y Shipp YSimpson
Sinkfield Y Skipper Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V Smith, W Smyre Y Snelling YSnow Y Stalling Stancil, F Y Stancil, S Stanley, L Stanley, P Y Stephenson Streat Taylor YTeague YTeper Y Thomas Y Tillman

2456

JOURNAL OF THE HOUSE,

Y Titus Towery
Y Trense
Turnquest

Twiggs Y Walker, L
Y Walker, R.L
Wall

Y Watson Y Watts
Y Westmorland
Y Whitaker

On the motion, the ayes were 135, nays 1. The motion prevailed.

White Y Wiles
Y Williams, B
Y Williams, J

Y Williams, R Y Woods
Yates
Murphy, Spkr

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

Mr. Speaker: The Senate insists on its amendment to the following bills of the House:

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.

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-

The Senate insists on its substitute to the following resolutions of the House:
HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.
HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.
The Senate has adopted, by substitute, by the requisite constitutional majority the following resolution of the House:
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.
Under the general order of business, established by the Committee on Rules, the fol lowing Bill of the Senate was taken up for consideration and read the third time:
SB 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.

FRIDAY, MARCH 17, 1995

2457

The following Committee substitute was read and withdrawn:

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 authorize the State Board of Education to develop a model annual evaluation instrument for each classification of professional per sonnel certificated by the Professional Standards Commission; to authorize local units of administration to use such models; to provide requirements for the advertisement of teacher vacancies; 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; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-210, relating to annual performance evaluations, and inserting in lieu thereof the following:
"20-2-210. All personnel employed by local units of administration, including elected and appointed school superintendents, shall have their performance evaluated annually by appropri ately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superin tendents, such evaluations shall be performed by the local board of education. Certifi cated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to complet ing the annual professional development plan shall be assessed during the annual evalu ation process. T-he State Beard ef Education shall adept sweh regulations and standards as are deemed ncccaaary te enstue that the annual evaluation and professional improve-
board shall provide far the development and implementation by Jly 4; 1080, ef- develop a state-wide uniform model annual evaluation instrument for each classification of pro fessional personnel certificated by the Professional Standards Commission. AH men instruments shall be fieM tested and revised te meet established measurement criteria designed te provide for validity and reliability The local units of administration are authorized to use the models developed by the State Board of Education."
SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 20-2-211, relat ing to the employment of teachers, principals, and other certificated professional person nel, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each local school system shall have a job description for each certificated profes sional personnel classification, shall have policies and procedures relative to the recruit ment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education and within the local school system. A local board of education may also announce such positions m tiic ic^cu OPJJ&II t me county m wincii tftc scnooi system is iocfitcd &nu to colleges and universities in other states."
SECTION 3. Said chapter is further amended by striking Code Section 20-2-751, relating to definitions, and inserting in lieu thereof a new Code Section 20-2-751 to read as follows:

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JOURNAL OF THE HOUSE,

"20-2-751.
As used in this subpart, the term: (1) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. (2) 'Long-term suspension' means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester. (3) 'Short-term suspension' means the suspension of a student from a public school for not more than ten school days. (4) 'Weapon' means a firearm as such term is defined in Section 921 of Title 18 of the United States Code."
SECTION 4. Said chapter is further amended by adding immediately following Code Section 2-2-751 a new Code Section 20-2-751.1 to read as follows:
"20-2-751.1.
(a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school. (b) The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis. (c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a weapon to school in an alternative educational setting. (d) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following substitute, offered by Representative Godbee of the 145th, was read and adopted:

A BILL
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to ele mentary, secondary, and adult education, so as to authorize the State Board of Education to develop a model annual evaluation instrument for each classification of professional per sonnel certificated by the Professional Standards Commission; to authorize local units of administration to use such models; to provide requirements for the advertisement of teacher vacancies; 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; to provide for findings of fact, conclusions of law, and recommendations by the Professional Practices Commis sion; to amend Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing procedures of the Office of State Administrative Hearings, so as to provide for findings of fact, conclusions of law, and recommendations to be made by a tribunal of the Professional Practices Commission in certain cases involving educators; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-210, relating to annual performance evaluations, and inserting in lieu thereof the following:

FRIDAY, MARCH 17, 1995

2459

"20-2-210. All personnel employed by local units of administration, including elected end appointed school superintendents, shall have their performance evaluated annually by appropri ately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superin tendents, such evaluations shall be performed by the local hoard of education. Certifi cated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to complet ing the annual professional development plan shall be assessed during the annual evalu ation process. The State Beard of Education sheH adept seh regulations and otondords as are deemed necessary te ensure that the attatta) evaluation and professional improvement planning processes are s objective, equitable, and effective as possible. The state board shall provide for the development and implcmcittatkm by My i; 1089, ef develop a atatc-widc uniform model annual evaluation instrument for each classification of pro fessional personnel certificated by the Professional Standards Commission. At) stteh instruments shall he field tested and- revised te meet established measurement criteria designed te provide fer validity and reliability The local units of administration are authorized to use the models developed by the State Board of Education."
SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 20-2-211, relat ing to the employment of teachers, principals, and other certificated professional person nel, and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Each local school system shall have a job description for each certificated profes sional personnel classification, shall have policies and procedures relative to the recruit ment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions to the appropriate colleges and universities in the state and to the Department of Education and within the local school system. A local board of education may also announce such positions tR tftc IG^CU or^jftft ot uic county tft wtiicii tftc scnooi system is locfttco onci to colleges and universities in other states."
SECTION 3. Said chapter is further amended by striking Code Section 20-2-751, relating to definitions, and inserting in lieu thereof a new Code Section 20-2-751 to read as follows:
"20-2-751.
As used in this subpart, the term: (1) 'Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. (2) 'Long-term suspension' means the suspension of a student from a public school for more than ten school days but not beyond the current school quarter or semester. (3) 'Short-term suspension' means the suspension of a student from a public school for not more than ten school days. (4) 'Weapon' means a firearm as such term is defined in Section 921 of Title 18 of the United States Code."
SECTION 4. Said chapter is further amended by adding immediately following Code Section 2-2-751 a new Code Section 20-2-751.1 to read as follows:
"20-2-751.1.
(a) Each local board of education shall establish a policy requiring the expulsion from school for a period of not less than one calendar year of any student who is determined, pursuant to this subpart, to have brought a weapon to school.

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JOURNAL OF THE HOUSE,

(b) The local board of education shall have the authority to modify such expulsion requirement as provided in subsection (a) of this Code section on a case-by-case basis. (c) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student determined to have brought a weapon to school in an alternative educational setting. (d) Nothing in this Code section shall infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act."
SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 20-2-797, relating to the Professional Practices Commission disciplinary recommendations, and inserting in its place a new subsection (a) to read as follows:
"(a) Following Upon its completion of any an investigation authorized by Code Section 20-2-796 but, in a contested case, not before the conclusion of a hearing held pursuant to Code Section 50-13-41, the commission may furnish to the local board, the state board, the Professional Standards Commission, or any combination thereof, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclu sions of law, the commission may recommend that no action be taken against the educa tors involved if the commission; i its investigation, found determined that the complaints against the educators were not justified. If the commission; its invcstiga^ tion, fotittd determined there was justification for the complaints against the educators involved, it may recommend any combination of the following actions:
(1) That the educators be warned or reprimanded; (2) That the contracts of the educators be terminated, suspended, or not renewed; or (3) That the certificates of the educators be suspended or revoked."
SECTION 6. Code Section 50-13-41 of the Official Code of Georgia Annotated, relating to hearing pro cedures of the Office of State Administrative Hearings, is amended by striking in its entirety subsection (a) and inserting in its place a new subsection (a) to read as follows:
"(a){l) Whenever a state agency authorized by law to determine contested cases initi ates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hear ing shall be conducted by the Office of State Administrative Hearingsv^ and such Sweh hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article! except as provided in paragraph (2) of this subsection. (2) The Professional Practices Commission shall convene a tribunal which shall hear all evidence and render findings of fact, conclusions of law, and recommendations in all case proceedings pursuant to Code Section 20-2-797 in accordance with rules and regulations promulgated by the Professional Practices Commission pursuant to this chapter. An assistant administrative law judge shall preside over any such proceeding and shall make necessary legal rulings and shall prepare a composite report of the tribunal's findings of fact, conclusions of law, and recommendations. Such composite report shall be transmitted to the Professional Practices Commission for approval. (3) An administrative law judge shall have the power to do all things specified in par agraph (6) of subsection (a) of Code Section 50-13-13."
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:

FRIDAY, MARCH 17, 1995

2461

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
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
Crawford

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
Ehrhart YEpps
Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris YHart Y Heard Y Heckstall
Hegstrom Y Hembree Y Henson Y Holland
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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox
YMann Y Martin Y McBee
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 YPoston Y Powell Y Purcell, A
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
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 Y 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 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 substi tute.

The Speaker assumed the Chair.

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

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 Senate substitute was read:

A BILL
To amend Code Section 45-9-21 of the Official Code of Georgia Annotated, relating to defense of civil, criminal, or quasi-criminal actions in lieu of insurance, 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 a definition; to provide for exceptions; to provide for other matters relative to the fore going; to provide an effective date; to repeal conflicting laws; and for other purposes.

2462

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-9-21 of the Official Code of Georgia Annotated, relating to defense of civil, criminal, or quasi-criminal actions in lieu of insurance, is amended by adding at the end of said Code section a new subsection (e) to read as follows:
"(e)(l) As used in this subsection, 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. (2) In any civil case in which the county attorney has a conflict 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 chief judge of the superior court of the circuit in which the county is located that an ethical conflict exists, the county officer shall be authorized to employ individual legal counsel to represent such county officer in such matter. The governing authority of the county shall pay the reasonable fees of such individual counsel and all applicable court costs, deposition costs, witness fees and compensation, and all other like reasonable costs, expenses, and fees; provided, however, that such attorneys' fees shall be no more than the rate paid to the county attorney for similar representation or in accordance with a schedule of rates for out side counsel adopted by the governing authority, if any. Such fees and costs shall be authorized by the chief judge of the superior court of the circuit in which the county is located. This subsection shall not apply unless the governing authority of the county has first denied a written request by a county officer for counsel."
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, Representative Holland of the 157th was excused from voting on HB 605.

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute to HB 605.
On the motion, 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
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
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 Epps
Y Evans Y Falls Y Felton Y Floyd YGodbee N Golden Y Goodwin
Y Greene Y Grindley Y Manner
Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson
Holland Y Holmes
Howard Y Hudson

Y Hugley Ylrvin Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones N Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis
Y Lifsey YLord Y Lucas
Maddox NMann

Martin Y McBee
McCall McClinton McKinney N Mills Mobley, B Y Mobley, J Y Mosley Y Mueller YO'Neal Orrock YParham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak Porter Y Poston Y Powell Y Purcell, A Y Purcell, B

FRIDAY, MARCH 17, 1995

2463

Randall Y Randolph Y Ray N Reaves YReichert Y Roberts Y Rogers
Royal Y Sanders Y Sauder
Scoggins Y Shanahan

Y Shaw Y Sherrill
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 N Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor

On the motion, the ayes were 142, nays 6. The motion prevailed.

Y Teague Y Teper
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
Williams, R Y Woods Y Yates
Murphy, Spkr

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 Senate substitute was read:

A BILL
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that 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; to provide certain restrictions on such investment; to repeal con flicting 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 stteh 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: provided, however, that the board shall not invest more than 5 percent of the investment portfolio in cor porations or in obligations of corporations organized in a country other than the United States or Canada; and provided, further, that *he

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JOURNAL OF THE HOUSE,

(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 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; provided, how ever, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. 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 autho rized to employ agents, including banks and trust companies, to act as investment advi sors 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 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; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. The board may not invest more than 50 percent of such funds in equities. 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 i ay investments whiefe afe legal investments of trust funds adf th laws 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:

FRIDAY, MARCH 17, 1995

2465

"(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 investmentej 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; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. 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 investments^ 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 foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limi tations, 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 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 any investments wh4ek are legal investments ef tnjs* funds tmdef the laws 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; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. 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

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JOURNAL OF THE HOUSE,

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.

Representative Cummings of the 27th moved that the House agree to the Senate sub stitute to HB 662.
On the motion, 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 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 Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Cox Y Crawford

Y Crews
Y Culbreth Y Cummings Y Davis, G N Davis, M NDay
Y DeLoach, B Y DeLoach, G YDix
Dixon, H Y Dixon, S Y Dobbs Y Ehrhart
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 YHart
Heard Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
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 NLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann
Martin Y McBee Y McCall
McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Orrock

Y Parham Y Parrish N Parsons Y Pelote Y Perry Y Pinholster NPolak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph
Ray Y Reaves Y Reichert Y Roberts Y Rogers
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 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 Y Teague YTeper Thomas Y Tillman Y Titus Towery Y Trense Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall Watson Y Watts Y Westmoreland Y Whitaker White N Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

On the motion, the ayes were 146, nays 6. The motion prevailed.

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.

The following Senate substitute was read:

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 definition of activities which consti tute a lottery; to authorize certain raffles; to provide for legislative intent; to provide for

FRIDAY, MARCH 17, 1995

2467

definitions; to require licenses; to provide for license procedures, fees, and renewal; to pro vide for revocation; to provide for access to premises by law enforcement agencies; to pro vide for certificate of tax-exempt status; to provide for special limited licenses; to provide for certain ownership restrictions regarding certain premises; to provide for age restric tions; to provide for annual reports; to provide for regulations and requirements with respect to the conducting or operating of raffles; to provide for authority of sheriffs with respect to the foregoing; to provide for criminal penalties; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling, is amended by striking paragraph (4) of Code Section 16-12-20, relat ing to definitions regarding gambling, and inserting in its place a new paragraph (4) to read as follows:
"(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distrib uted by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a:
(A) Promotional promotional giveaway or contest which conforms with the qualifi cations of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 10-1-393; T A lottery shall net mea a scheme (B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions:
{A)(i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and {B}(ii) No person to be eligible to receive such prize shall be required to: {t)(I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; {ii}(II) Purchase any goods, wares, merchandise, or anything of value from such business; or {at}(ni) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or (C) Raffle authorized under Code Section 16-12-22.1."
SECTION 2. Said part is further amended by adding a new Code section immediately following Code Section 16-12-22, to be designated Code Section 16-12-22.1, to read as follows:
"16-12-22.1.
(a) It is the intention of the General Assembly that only nonprofit, tax-exempt churches, schools, civic organizations, or related support groups; nonprofit organizations qualified under Section 501 (c) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations approved by the sheriff, which are properly licensed pursuant to this Code section shall be allowed to operate raffles. (b) As used in this Code section, the term:
(1) 'Nonprofit, tax-exempt organization' means churches, schools, civic organizations, or related support groups; nonprofit organizations qualified under Section 501 (c) of the Internal Revenue Code, as amended; or bona fide nonprofit organizations approved by the sheriff. (2) 'Operate,' 'operated,' or 'operating' means the direction, supervision, management, operation, control, or guidance of activity. (3) 'Raffle' means any scheme or procedure whereby one or more prizes are distrib uted by chance among persons who have paid or promised consideration for a chance

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JOURNAL OF THE HOUSE,

to win such prize. Such term shall also include door prizes which are awarded to per sons attending meetings or activities provided that the cost of admission to such meet ings or activities does not exceed the usual cost of similar activities where such prizes are not awarded. (4) 'Sheriff means the sheriff of the county in which the nonprofit tax-exempt organi zation is located. (c) Any other law to the contrary notwithstanding, no nonprofit, tax-exempt organiza tion shall be permitted to operate a raffle until the sheriff issues a license to the organi zation authorizing it to do so. The license described in this subsection is in addition to and not in lieu of any other licenses which may be required by this state or any political subdivision thereof, and no raffle shall be operated until such time as all requisite licenses have been obtained. In the event a nonprofit, tax-exempt organization desires to conduct a raffle in more than one county, such organization shall not be required to obtain a license under this Code section in each county in which such raffle is to be con ducted and shall only be required to obtain such license from the sheriff of the county in which the state headquarters of such organization are located. (d)(l) Any nonprofit, tax-exempt organization desiring to obtain a license to operate raffles shall make application to the sheriff on forms prescribed by the sheriff and shall pay an annual fee of $100.00. No license shall be issued to any nonprofit, tax-ex empt organization unless the organization has been in existence for 24 months imme diately prior to the issuance of the license. The license will expire at 12:00 Midnight on December 31 following the granting of the license. Renewal applications for each calendar year shall be filed with the sheriff prior to January 1 of each year and shall be on a form prescribed by the sheriff. (2) Each application for a license and each application for renewal of a license shall contain the following information:
(A) The name and home address of the applicant and, if the applicant is a corpora tion, association, or other similar legal entity, the names and home addresses of each of the officers of the organization as well as the names and addresses of the direc tors, or other persons similarly situated, of the organization; (B) The names and home addresses of each of the persons who will be operating, advertising, or promoting the raffle; (C) The names and home addresses of any persons, organizations, or other legal entities that will act as surety for the applicant or to which the applicant is finan cially indebted or to which any financial obligation is owed by the applicant; (D) A determination letter from the Internal Revenue Service certifying that the applicant is an organization exempt under federal tax law;
(E) A determination letter from the Georgia Department of Revenue certifying that the applicant is exempt under the tax laws of this state;
(F) The location at which the applicant will conduct the raffles and, if the premises on which the raffles are to be conducted is to be leased, a copy of the lease or rental agreement; and
(G) A statement showing the convictions, if any, for criminal offenses other than minor traffic offenses of each of the persons listed in subparagraphs (A), (B), and (C) of this paragraph.
(3) The sheriff shall refuse to grant a raffle license to any applicant who fails to pro vide fully the information required by this Code section.
(4) When a nonprofit, tax-exempt organization which operates or intends to operate raffles for residents and patients of a retirement home, nursing home, or hospital operated by that organization at which gross receipts are or will be limited to $100.00 or less during each raffle and pays or will pay prizes having a value of $100.00 or less during each raffle, then, notwithstanding any other provision of this Code section or any rule or regulation promulgated by the sheriff pursuant to the provisions of subsec tion (1) of this Code section, neither the applicant nor any of the persons whose names and addresses are required under subparagraphs (A) and (B) of paragraph (1) of this subsection shall be required to submit or provide fingerprints or photographs as a con dition of being granted a license.

FRIDAY, MARCH 17, 1995

2469

(e)(l) The sheriff shall have the specific authority to suspend or revoke any license for any violation of this Code section. Any licensee accused of violating any provision of this Code section shall be entitled, unless waived, to a hearing on the matter of the alleged violation conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (2) By making application for a license under this Code section, every applicant con sents that the sheriff, as well as any of his agents, together with any prosecuting attor ney, as well as any of his agents, may come upon the premises of any licensee or upon any premises on which any licensee is conducting a raffle for the purpose of examining the accounts and records of the licensee to determine if a violation of this Code sec tion has occurred. (f) The sheriff shall, upon the request of any prosecuting attorney or such prosecuting attorney's designee, certify the status of any organization as to that organization's exemption from payment of state income taxes as a nonprofit organization. The sheriff shall also upon request issue a certificate indicating whether any particular organization holds a currently valid license to operate a raffle. Such certificates properly executed shall be admissible in evidence in any prosecution, and Code Section 48-7-60, relative to the disclosure of income tax information, shall not apply to the furnishing of such certificate. (g) Notwithstanding the other provisions of this Code section, the sheriff, upon receiving written application therefor, shall be authorized to issue a special limited license to a nonprofit, tax-exempt organization which will allow it to operate up to three raffles dur ing a calendar year. Each such single raffle shall be conducted in its entirety during a period not to exceed 30 days. In such cases, the sheriff shall waive the license fee pro vided for in subsection (d) of this Code section and the annual report provided for in subsection (j) of this Code section. (h) Raffles shall be operated only on premises owned by the nonprofit, tax-exempt orga nization operating the raffle, on property leased by the nonprofit, tax-exempt organiza tion and used regularly by that organization for purposes other than the operation of a raffle, or on property leased by the nonprofit, tax-exempt organization operating the raffle from another nonprofit, tax-exempt organization. (i) No person under the age of 18 years shall be permitted to play any raffle conducted pursuant to any license issued under this Code section unless accompanied by an adult. (j) On or before April 15 of each year, every nonprofit, tax-exempt organization engaged in operating raffles shall file with the sheriff a report disclosing all receipts and expendi tures relating to the operation of raffles in the previous year. The report shall be in addition to all other reports required by law. The report shall be prepared and signed by a certified or registered public accountant competent to prepare such a report and shall be deemed a public record subject to public inspection. (k)(l) A licensee that conducts or operates a raffle shall maintain the following records for at least three years from the date on which the raffle is conducted:
(A) An itemized list of the gross receipts for each raffle; (B) An itemized list of all expenses other than prizes that are incurred in the con ducting of the raffle as well as the name of each person to whom the expenses are paid and a receipt for all of the expenses; (C) A list of all prizes awarded during the raffle and the name and address of all persons who are winners of prizes of $50.00 or more in value;
(D) An itemized list of the recipients other than the licensee of the proceeds of the raffle, including the name and address of each recipient to whom such funds are distributed; and
(E) A record of the number of persons who participate in any raffle conducted by the licensee.
(2) A licensee shall:
(A) Own all the equipment used to conduct a raffle or lease such equipment from an organization that is also licensed to conduct a raffle;
(B) Display its raffle license conspicuously at the location where the raffle is con
ducted;

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(C) Conduct raffles only as specified in the licensee's application; and (D) Not conduct more than one raffle during any one calendar day. (3) No nonprofit, tax-exempt organization shall enter into any contract with any indi vidual, firm, association, or corporation to have such individual, firm, association, or corporation operate raffles or concessions on behalf of the nonprofit, tax-exempt orga nization. (4) A nonprofit, tax-exempt organization shall not lend its name nor allow its identity to be used by any individual, firm, association, or corporation in the operating or advertising of a raffle in which said nonprofit, tax-exempt organization is not directly and solely operating the raffle. (5) No person shall pay consulting fees to any person for any services performed in relation to the operation or conduct of a raffle. (6) A person who is a member of more than one nonprofit, tax-exempt organization shall be permitted to participate in the raffle operations of only two organizations of which such person is a member; provided, however, that such person shall not receive more than $30.00 per day for assisting in the conduct of raffles regardless of whether such person assists both organizations in the same day. (1) The sheriff is authorized to promulgate rules and regulations which the sheriff deems necessary for the proper administration and enforcement of this Code section which are not in conflict with any provision of this Code section. (m) Any person who operates a raffle without a valid license issued by the sheriff as provided in this Code section commits the offense of commercial gambling as defined in Code Section 16-12-22 and, upon conviction thereof, shall be punished accordingly. Any person who knowingly aids, abets, or otherwise assists in the operation of a raffle for which a license has not been obtained as provided in this Code section similarly com mits the offense of commercial gambling. Any person who violates any other provision of this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Any person who commits any such violation after having previously been convicted of any violations of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $10,000.00, or both."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.
Representative Bailey of the 93rd moved that the House agree to the Senate substi tute to HB 456.
On the motion, 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
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
Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Cox Y Crawford N Crews Y Culbreth

Y Cumraings Y Davis, G Y Davis, M N Day
DeLoach, B DeLoach, G N Dix Y Dixon, H Y Dixon, S Dobbs N Ehrhart Y Epps N 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
Henson Y Holland
Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson

Y Jenkins Y Johnson, G N Johnson, J Y Johnston Y Jones N Joyce N Kaye Y Kinnamon Y Klein N Ladd N Lakly Y Lane Y Lawrence Y Lee Y Lewis Y Lifsey
Lord Y Lucas
Maddox

FRIDAY, MARCH 17, 1995

2471

Y Mann Martin
Y McBee Y McCall
McClinton McKinney N Mills Mobley, B Y Mobley, J Y Mosley Mueller YO'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 Y Ray
Reaves Y Reichert Y Roberts Y Rogers
Royal Y Sanders

Y Sauder 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 N Smith, T N Smith, V Y Smith, W Y Smyre

On the motion, the ayes were 124, nays 20. The motion prevailed.

N Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Teper Thomas Y Tillman Y Titus Towery Y Trense

Turnquest Twiggs Y Walker, L N Walker, R.L N Wall Watson Y Watts N Westmoreland N Whitaker Y White Y Wiles Y Williams, B N Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

Representative Teper of the 61st stated that he had been called from the floor of the House during the preceding roll call. He wished to be recorded as voting "aye" thereon.

Representative Falls of the 125th stated that she inadvertently voted "aye" on the preceding roll call. She wished to be recorded as voting "nay" thereon.

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.

The following Senate amendment was read:

Amend HB 214 by adding on line 5 on page 1 immediately following "employees;" the fol lowing:
"to amend Article 1 of Chapter 20 of Title 45 of the O.C.G.A., relating to the merit sys tem, so as to prohibit certain wage incentive payments;".
By adding between lines 26 and 27 on page 1 the following:
SECTION 1A.
Article 1 of Chapter 20 of Title 45 of the O.C.G.A., relating to the merit system, is amended by adding at the end the following:
"45-20-18. Any state employee who commits a validated act of abuse towards a member of the public while performing employment duties shall not be eligible for any wage incentive payment during the period such act occurred."

Representative Stancil of the 16th moved that the House agree to the Senate amend ment to HB 214.
On the motion, the roll call was ordered and the vote was as follows:

YAshe Y Bailey
Baker Y Bannister

YBarfoot 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
Brush Y Buck

2472

JOURNAL OF THE HOUSE,

Y Buckner YBunn Y Burkhalter YByrd Y Campbell N Canty Y Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell
Cox Y Crawford
Y Crews Y Culbreth Y Cummings
N Davis, G Y Davis, M YDay
DeLoach, B 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 Hanner Y Harbin Y Harris
Hart Y Heard N Heckstall
Hegstrom Y Hembree
Henson Holland Y Holmes Y Howard Y Hudson Y Hugley Y Irvin Y James Y Jamieson Y Jenkins 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 YMann Martin Y McBee Y McCall McClinton McKinney Y Mills Mobley, B
Y Mobley, J N Mosley Y Mueller Y O'Neal
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
Randall Randolph
Ray Reaves Y Reichert N Roberts Y Rogers 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 Y Smith, L Y Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre Y Snelling YSnow

On the motion, the ayes were 133, nays 8. The motion prevailed.

Y Stallings
Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor N Teague Y Teper Thomas Y Tillman Titus Towery Y Trense
Turnquest Twiggs Y Walker, L Y Walker, R.L Y Wall 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

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 Senate substitute was read:

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide for written disclosure by certain entities, facilities, programs, and by instrumental ities of the state or a political subdivision of the state advertising, marketing, offering to provide or providing specialized care, treatment, or therapeutic activities for persons with a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia of certain information relating to philosophy, acceptance, discharge, emergency situations, responding to changes in needs, staffing and training, physical environment, activities, involvement with the family, and program costs; to provide for applicability; to provide definitions; to provide for a standard disclosure form; to provide for updating and verification; to provide for an election as to whether to modify the disclosure form or to provide the specialized care, treatment, or therapeutic activities listed on the disclosure form; 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 a short title; to provide for purpose; to provide for an osteoporosis

FRIDAY, MARCH 17, 1995

2473

prevention and treatment education program; 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. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by inserting a new article to be designated Article 7 to read as follows:
"ARTICLE 7
31-8-180. As used in this article, the term:
(1) 'Alzheimer's disease' or 'Alzheimer's-related dementia' means a progressive, degen erative disease or condition that attacks the brain and results in impaired memory, thinking, and behavior. (2) 'Care,' 'treatment,' and 'therapeutic activities' shall not include the sole activity of marketing, selling, manufacturing, or dispensing medication which is approved by the United States Food and Drug Administration and prescribed by a person licensed to practice medicine in accordance with Chapter 34 of Title 43 and informational or sup port services related to the use of such medication.
31-8-181. This article shall not apply to the following:
(1) An individual licensed to practice medicine under the provisions of Chapter 34 of Title 43, and persons employed by such an individual, provided that any nursing home, personal care home as defined by Code Section 31-6-2, hospice as defined by Code Section 31-7-172, respite care service as defined by Code Section 49-6-72, adult day program, or home health agency owned, operated, managed, or controlled by a person licensed to practice medicine under the provisions of Chapter 34 of Title 43 shall be subject to the provisions of this article; or (2) A hospital. However, to the extent that a hospital's nursing home, personal care home as defined by Code Section 31-6-2, hospice as defined by Code Section 31-7-172, respite care service as defined by Code Section 49-6-72, adult day program, or home health agency holds itself out as providing care, treatment, or therapeutic activities for persons with Alzheimer's disease or Alzheimer's-related dementia as part of a specialty unit, such nursing home, personal care home, hospice, respite care service, adult day program, or home health agency shall be subject to the provisions of this article.
31-8-182. (a) Any entity, facility, program, or any instrumentality of the state or political subdivi sion of the state other than those excluded by Code Section 31-8-181 which advertises, markets, or offers to provide specialized care, treatment, or therapeutic activities for one or more persons with a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia shall disclose the form of care, treatment, or therapeutic activities provided beyond that care, treatment, or therapeutic activities provided to persons who do not have a probable diagnosis of Alzheimer's disease or Alzheimer's-related dementia. (b) The disclosure required by subsection (a) of this Code section shall be made in writ ing on the disclosure form provided for by subsection (c) of this Code section and pro vided to any person seeking information concerning placement in or care, treatment, or therapeutic activities from the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181. (c) With input from persons and organizations with experience or expertise regarding care, treatment, or therapeutic activities for persons who have Alzheimer's disease or Alzheimer's-related dementia, the department shall develop a standard disclosure form. The disclosure shall be made on such form. The entity, facility, program, or the instru mentality of the state or a political subdivision of the state other than those excluded by Code Section 31-8-181 shall revise the disclosure form whenever significant changes are made.

2474

JOURNAL OF THE HOUSE,

31-8-183. The disclosure required by Code Section 31-8-182 shall explain the specialized care, treatment, or therapeutic activities provided to patients, residents, or participants with Alzheimer's disease or Alzheimer's-related dementia in each of the following areas:
(1) The overall philosophy and mission of the entity, facility, program, or of the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 which reflects the needs of patients or residents with Alzheimer's disease or Alzheimer's-related dementia; (2) The processes for accepting patients, residents, or participants into the entity, facility, program, or into the instrumentality of the state or of a political subdivision of the state; for discharging patients, residents, or participants from the entity, facil ity, program, or from the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181; and for handling emer gency situations; (3) The processes used for defining the programs of services of that entity, facility, program, or of that instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181, including the method by which the program of services responds to changes in the patient's, resident's, or participant's needs; (4) Staffing, staff training, and continuing education practices; (5) Description of the physical environment including safety and security features; (6) The frequency and types of activities for patients, residents, or participants; (7) The involvement of the entity, facility, program, or of the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Sec tion 31-8-181 with families and family support programs; and (8) The charge structure of the specialized care, treatment, or therapeutic activities, including any additional fees.
31-8-184. (a) Failure to provide disclosure as required by this article 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) Within existing procedures, the department may examine the disclosure form required by this article to verify its accuracy. If determined to be inaccurate, the depart ment shall require the entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181 either to:
(1) Provide the specialized care, treatment, or therapeutic activities listed on the dis closure form; or (2) Modify the disclosure form to reflect the specialized care, treatment, or therapeutic activities actually being offered. The entity, facility, program, or the instrumentality of the state or of a political subdivi sion of the state other than those excluded by Code Section 31-8-181 will make the deci sion of which alternative listed in paragraph (1) or (2) of this subsection to pursue. Action by the department in pursuit of this subsection shall not affect the licensing pro cess for any entity, facility, program, or the instrumentality of the state or of a political subdivision of the state other than those excluded by Code Section 31-8-181. (c) For the purposes of the review and verification referred to in subsection (b) of this Code section, the disclosure form being provided to the public at the time of the review and verification shall be used."
SECTION 2. Said title is further amended by adding a new chapter to read:
"CHAPTER 42
31-42-1.

FRIDAY, MARCH 17, 1995

2475

This chapter shall be known and may be cited as the 'Osteoporosis Prevention and Treatment Education Act.'
31-42-2.
The purposes of this chapter are, to the extent funds are available: (1) To create a multigenerational, state-wide program to promote awareness and knowledge about osteoporosis, risk factors, prevention, detection, and treatment options; (2) To facilitate understanding of osteoporosis with educational materials, information about research, services, and strategies for prevention and treatment; (3) To utilize educational and training resources of organizations with expertise and knowledge of osteoporosis; (4) To evaluate the quality and accessibility of osteoporosis services of community based services; (5) To provide easy access to clear, complete, and accurate osteoporosis information and referral services; (6) To educate and train service providers, health professionals, and physicians; and to heighten awareness about the prevention, detection, and treatment of osteoporosis among health and human service officials, health educators, and policy makers; and (7) To promote the development of support groups for osteoporosis patients and their families and caregivers.
31-42-3.
The department shall establish strategies to promote and maintain an osteoporosis pre vention and treatment education program in order to raise public awareness, educate consumers, and train health professionals, teachers, and human service providers, includ ing:
(1) Public awareness. The department shall develop strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, value of pre vention and early detection, and options for diagnosis and treatment; (2) Consumer education. The department shall develop strategies for educating con sumers about risk factors, diet and exercise, diagnostic procedures and their indica tions for use, risks and benefits of drug therapies currently approved by the U.S. Food and Drug Administration, and the availability of services; (3) Professional education. The department may develop strategies for educating phy sicians and health professionals and training service providers on osteoporosis preven tion, diagnosis, and treatment, including guidelines for detecting and treating in special populations, and medication options; (4) Needs assessment. The department may conduct a needs assessment to identify research being conducted; technical assistance and educational materials and programs nationwide; the level of awareness about osteoporosis; the needs of patients, families, and caregivers; the needs of health care providers, including managed care organiza tions; the services available to patients; existence of treatment programs; existence of rehabilitation services; and number and location of bone density testing equipment. To the extent that funds are specifically appropriated, the department shall develop and maintain a resource guide to include osteoporosis related services; and (5) Technical assistance. The department may replicate and use successful osteoporosis programs and contracts with and purchase materials or services from organizations with expertise and knowledge of osteoporosis."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Sherill of the 62nd moved that the House agree to the Senate substi tute to HB 558.
On the motion, the roll call was ordered and the vote was as follows:

2476

JOURNAL OF THE HOUSE,

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 Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter
Byrd Y Campbell Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

Y Crews Y Culbreth
Cummings Davis, G Y Davis, M YDay DeLoacb, B Y DeLoach, G YDix Y Dixon, H Y Dixon,S Y Dobbs Y Ehrhart
YEpps Evans
Y Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Hanner Y Harbin Y Harris YHart Y Heard
Heckstall Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard 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
Lord Lucas Y Maddox YMann Martin Y McBee Y McCall Y McClinton McKinney Y Mills 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 Randall Y Randolph YRay Reaves Y Reichert Roberts Y Rogers Y Royal Y Sanders Y Sauder Scoggins Y Shanahan YShaw Y Sherrill 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 motion, the ayes were 143, nays 0. The motion prevailed.

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 YTeper Thomas Tillman Titus 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
Williams, R Y Woods Y Yates
Murphy, Spkr

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 Senate amendment was read:

Amend HB 176 by adding at line 20, page 2, a new subsection (b) to read as follows:
"(b) Except aa provided in subsection (c) of this Code section, if the adjudicating court finds that a nonresident child has committed an unruly or delinquent act, the adjudicat ing court sfeaH may after adjudication of delinquency or unruliness retain jurisdiction over the disposition of the nonresident child or may transfer the proceeding to the county of the child's residence for disposition. Like transfer may be made if the resi dence of the child changes pending the proceeding. Prior to making any order for dispoeljsition of the nonresident child, the adjudicating court shall, if it retains jurisdiction, communicate to the court of the county of the child's residence the fact of the adjudica tion of delinquency or unruliness. This communication shall state the date upon which the adjudicating court plans to enter an order for disposition of the nonresident child and shall request any information or recommendations relevant to the dispositon of the

FRIDAY, MARCH 17, 1995

2477

nonresident child. Any such recommendation shall be considered by but shall not be binding upon the adjudicating court in making its order for disposition."

Representative Smith of the 109th moved that the House agree to the Senate amend ment to HB 176.
On the motion, 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
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
Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell Cox Y Crawford

Y Crews Y Culbreth
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
Evans Y Falls Y Pelton
Y Ployd YGodbee Y Golden
Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris
Hart Y Heard
Heckstall Y Hegstrom Y Hembree
Henson Y Holland
Holmes Y Howard Y Hudson

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

On the motion, the ayes were 135, nays 0. The motion prevailed.

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
Randall Y Randolph
Ray Reaves Reichert Y Roberts Y Rogers 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 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 Teague YTeper Thomas Tillman Titus
Y Towery Y Trense
Turnquest Y Twiggs
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

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 Senate amendment was read:

Amend HB 229 by striking in their entirety lines 1 through 3 of page 1 and inserting in lieu thereof the following:
"To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institu tions, so as to require the Department of Corrections to provide 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 whose criminal offense or history indicates alcohol or

2478

JOURNAL OF THE HOUSE,

drug involvement shall not be considered for parole until such inmate has successfully completed an Alcohol or Drug Use Risk Reduction Program; to provide that certain parol ees".
By inserting following line 12 of page 1 the following:
"Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding at the end of Article 1 of Chapter 5, relating to general provisions applicable to state and county correctional institutions, a new Code Section 42-5-20 to read as follows:
'42-5-20.
The department shall provide within the correctional system an Alcohol or Drug Use Risk Reduction Program. The program shall be made available to every person sen tenced to the custody of the state whose criminal offense or history indicates alcohol or drug involvement; provided, however, that the provisions of this Code section shall not apply to a person who has been sentenced to the punishment of death or those deemed mentally incompetent.'
SECTION 2."
By striking lines 13 through 15 of page 1 and inserting in lieu thereof the following:
"Said title is further amended by striking Code Section 42-9-44, relating to terms and con ditions of parole, in its".
By inserting following line 27 of page 2 the following:
"SECTION 3.
Said title is further amended by adding at the end of Code Section 42-9-45, relating to the general rule-making power of the State Board of Pardons and Paroles, a new subsec tion (g) to read as follows:
'(g) An inmate whose criminal offense or history indicates alcohol or drug involvement shall not be considered for parole until such inmate has successfully completed an Alco hol or Drug Use Risk Reduction Program offered by the Department of Corrections.'"
By renumbering Section 2 as Section 4.

Representative Simpson of the 101st moved that the House agree to the Senate amendment to HB 229.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Bailey Baker
Y Bannister YBarfoot Y Bargeron Y Barnard Y Barnes Y Bates YBenefleld Y Birdsong Y Bordeaux Y Bostick YBreedlove 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 Y 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 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 Harris Hart
Y Heard Heckstall
Y Hegstrom Y Hembree
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

Jones Y Joyce
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
Martin Y McBee Y McCall
McClinton

FRIDAY, MARCH 17, 1995

2479

McKinney Y Mills Y Mobley, B Y Mobley, J Y Mosley Y Mueller
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 Y Ray Y Reaves
Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Scoggins Shanahan

Y Shaw Y Sherrill
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
Snow

Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague Y Teper Thomas Tillman Titus Y Towery Y Trense Turnquest

Y Twiggs Walker, L
Y Walker, R.L Y Wall
Watson 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 motion, the ayes were 141, nays 0. The motion prevailed.

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 Senate 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 rules and regulations; to provide for enforcement; to define a certain term; to provide 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 provisions of this Act; to provide for registration fees; to require ticket brokers to conduct business in a certain manner; to prohibit the resale of tickets to athletic contests or entertainment events within 1,000 feet of the facilities where such contests or events are being held or are to be held; to require ticket brokers to dis close certain information to ticket purchasers; to require a ticket broker who fails to pro vide 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 broker may resell in connection with an event; to provide an exception; to provide that a ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held; to prohibit certain activities in connection with the resale of tickets; to prohibit certain activities in connection with the sale of tickets to events of the 1996 Olympic Games; to provide penalties; to provide that no laws shall prohibit the casual resale 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 resales; to provide that no provision of this Act shall limit or prohibit the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is being held or the sponsor of such a contest or event from having policies, rules, or regulations respecting the sale

2480

JOURNAL OF THE HOUSE,

of tickets to such contest or event; 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 resell or offer for resale any ticket of admission or other evidence of the right of entry to any athletic con tests, concerts, theater performances, or other entertainments, amusements, or exhibi tions to which the general public is admitted for a price in excess of the price printed on the ticket. Notwithstanding any other provision of this article to the contrary, a ser vice 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 busi ness licensed to do business by the municipality or county, where applicable, in which such places of business are located. Notwithstanding any other provisions of this article to the contrary, the owner, operator, lessee, or tenant of the property on which such entertainment event is to be held or is being held may authorize, in writing, any person to charge a service charge for the sale or reselling 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 reselling of each ticket, privi lege, 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 reselling 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:
(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

FRIDAY, MARCH 17, 1995

2481

(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 who otherwise violates this article; provided, however, that the issuing of a registration under this Code section shall not be deemed a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (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 resell more than 2 percent of the tickets allocated for such event, the ticket broker, including any affiliated group of ticket bro kers, shall be prohibited from acquiring and reselling in excess of 2 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. The Secre tary of State shall be authorized to promulgate rules and regulations to carry out the provisions of this article. (h) A ticket broker shall conduct business only from his or her registered permanent office or place of business which may not be within 2,500 feet of property on which an athletic contest or entertainment event is held. (i) Neither a ticket broker or an agent or employee of a ticket broker or any other per son shall engage in the practice of reselling or attempting to resell or the delivery of resold tickets to any athletic contest or entertainment event within 1,000 feet of the facility where such contest or event is being held or is to be held. (j) A ticket broker shall be prohibited from employing any agents or employees for the purpose of making future purchases of tickets from the owner, operator, lessee, or tenant of the property on which an athletic contest or entertainment event is to be held.
10-1-312. (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

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JOURNAL OF THE HOUSE,

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.
10-1-313. (a) 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 athletic contest or entertainment event covered under subsection (a) of Code Section 10-1-310 from reselling or offering for resale 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 reselling such tickets as provided in this Code section. (b) No provision of this article shall limit or prohibit the owner, operator, lessee, or ten ant of the property on which an athletic contest or entertainment event is being held or the sponsor of such a contest or event from having policies, rules, or regulations respecting the sale of tickets to such contest or event.
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 Senate substitute to HB 516 by adding in the title on line 7 of page 2 between the word "sale" and the word "of the following:
"or resale".
By adding on line 35 of page 2 between the word "held" and the word "may" the follow ing:
"or the sponsor of such contest or event may charge or".
By adding on line 39 of page 2 between the word "writing" and the word "shall" the fol lowing:
"granting authority to another".
By adding at the end of line 14 of page 3 the following:
"The term 'ticket broker' shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticketing agent of such persons."
By striking in their entirety lines 19 through 21 on page 6 and inserting in lieu thereof the following:
"(a) No provision of this article or any other provision of law shall prohibit any person who is the purchaser of tickets to".

FRIDAY, MARCH 17, 1995

2483

By striking from line 33 of page 6 the words "respecting the sale" and inserting in lieu thereof the following:
"restricting the sale or resale".

Representative Powell of the 23rd moved that the House agree to the Senate substi tute, as amended by the House, to HB 516.
On the motion, the roll call was ordered and the vote was as follows:

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

N Crews Culbreth
Y Cummings Y Davis, G
Davis, M NDay 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 Harbin
Y Harris Hart
Y Heard Heckstall Hegstrom
Y Hembree Y Hemon Y Holland
Holmes Howard Y Hudson

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

On the motion, the ayes were 117, nays 9. The motion prevailed.

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter N Poston
Powell Purcell, A Purcell, B Randall
Y Randolph YRay Y Reaves N Reichert
Roberts Y Rogers Y Royal Y Sanders Y Sauder
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 Y Smyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague Y Teper Thomas Tillman Y Titus Y Towery Y Trense Turnquest Y Twiggs Walker, L Y Walker, R.L Y Wall Watson Watts Y Westmoreland Y Whitaker White Y Wiles Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

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 Senate substitute was read:

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

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JOURNAL OF THE HOUSE,

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)^lj 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 defendant has been charged with an offense of child molesta tion, aggravated child molestation, or physical or sexual abuse of a child, 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 any physician whose testi mony is relevant to such charge be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged be produced at the same time and place. (b) The court shall not order the taking of the witness's 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 witnesSj 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.

Representative Poston of the 3rd moved that the House agree to the Senate substitute to HB 290.

FRIDAY, MARCH 17, 1995

2485

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

Y Ashe
Y Bailey Y Baker
Bannister Y Barfoot Y Bargeron
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
Campbell Canty Y Carter Y Chambless Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox 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 Y Dobbs Y Ehrhart YEpps Y Evans Y Palls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin Y Greene Y Grindley
Manner Y Harbin Y Harris
Hart Y Heard
Heckstall Hegstrom Y Hembree Y Henson Y Holland Holmes Y Howard Y Hudson

Y Hugley Y Irvin
James Y Jamieson
Jenkins Johnson, G Y Johnson, J Y Johnston 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
Martin
Y McBee Y McCall
McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Mueller O'Neal
Orrock

Y Parham Y Parrish
Parsons Y Pelote Y Perry Y Pinholster Y Polak
Porter
Y Poston Y Powell
Y Purcell, A Purcell, B Randall
Y Randolph
YRay Y Reaves
Reichert 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
Snelling Snow S tailings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Teague YTeper Y Thomas Tillman Y Titus Y Towery Y Trense Turnquest YTwiggs 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 motion, the ayes were 136, nays 0. The motion prevailed.

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 Senate substitute was read:

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 provide that investigators for state examining boards shall be eligible for membership in the Peace Officers' Annuity and Benefit Fund; 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 proceed ings; to provide that litigation costs and attorney's fees may be assessed for frivolous appeals; to require a licensed individual who is convicted of a felony to notify the appro priate licensing authority of such conviction; to authorize a penalty for failure to provide such notification; 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. 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 in its entirety sub section (b) of Code Section 43-1-5, relating to investigators for state examining boards and office of joint-secretary, and inserting in lieu thereof a new subsection (b) to read as fol lows:
"(b) Any person designated as an investigator within the meaning of this Code section shall be considered te fee a peace officerf provided, however, that nothing this Code seetie and shall be construed te make any investigator eligible for membership in the Peace Officers Officers' Annuity and Benefit Fund."
SECTION 2. Said chapter is further 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 Procedure Act"; by strik ing 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:
"(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 3. 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 in any such review if, upon the motion of any party 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 4. 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

FRIDAY, MARCH 17, 1995

2487

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

Representative Skipper of the 137th moved that the House agree to the Senate substi tute to HB 326.
On the motion, 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
Brush YBuck Y 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 Y Connell YCox Y Crawford

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

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

On the motion, the ayes were 131, nays 0. The motion prevailed.

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak
Porter Y Poston Y Powell Y 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 Sherrill
Y Shipp Y Simpson
Sinkfield
Y Skipper Y Smith, C
Smith, C.W Y Smith, L Y Smith, P Y Smith, T Y Smith, V

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

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 Senate substitute was read:

A BILL
To amend Code Section 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, relating to the

2488

JOURNAL OF THE HOUSE,

number of members of the committee; to change provisions relating to the time of appointment of members of the committee; to provide for related matters; to amend Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to review by the Governor through the Office of Planning and Budget of all programs and functions in state government, so as to authorize the Research Office of the Budgetary Responsibility Oversight Committee to perform certain oversight functions; 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 28-5-5 of the Official Code of Georgia Annotated, relating to the Budgetary Responsibility Oversight Committee of the General Assembly, is amended by striking sub section (a) and inserting in its place a new subsection to read as follows:
"(a) There is created the Budgetary Responsibility Oversight Committee which shall be composed of five six members of the House of Representatives appointed by the Speaker of the House of Representatives and five six members of the Senate appointed by the President of the Senate. The members of such committee shall be selected within ten days after the convening of the General Assembly in each even-numbered odd-numbered year and shall serve until their successors are appointed; eseept that the initial members
bp nnlfrtrH within fjQ flnva nffpr Anril OP 1 0Oj? nr>H ntinII
until their successors ate selected January ef- 1004."
SECTION 2. Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to review by the Governor through the Office of Planning and Budget of all programs and functions in state government, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following:
"(c) The Office of Planning and Budgetj and the Department of Audits and Accounts^ and the Research Office of the Budgetary Responsibility Oversight Committee shall undertake and complete evaluations on as many of those requested programs as resources will permit. The Office of Legislative Budget Analyst, the Board of Regents of the University System of Georgia, and all other state agencies are authorized and directed to provide assistance to the Office of Planning and Budget2 and the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Over sight Committee, as requested, in the performance of these evaluations. The Office of Planning and Budget^ ad the Department of Audits and Accounts^ and the Research Office of the Budgetary Responsibility Oversight Committee are also authorized to con tract with private contractors to perform, or assist in the performance of, these evalua tions."
SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and the additional members of the Budgetary Responsibility Oversight Committee added by this Act may be appointed at any time on or after the effective date of this Act.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representative Woods of the 32nd moves to amend the Senate substitute to HB 233 by striking line 23 on page 1 and inserting in lieu thereof the following:
"members of the House of Representatives^ four of whom shall be members of the same political party as the Speaker of the House of Representatives and two of whom shall be members of the minority party, appointed by the".

FRIDAY, MARCH 17, 1995

2489

By striking line 25 on page 1 and inserting in lieu thereof the following:
"members of the Senate2 four of whom shall be members of the same party as the Presi dent of the Senate and two of whom shall be members of the minority party, appointed by the President of the".
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey
Baker N 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
Brown, G
Y Brown, J
Y Brush NBuck N Buckner Y Bunn Y Burkhalter NByrd Y Campbell
Canty N Carter N Chambless
Channel! N Childers
Coker Y Coleman, B N Coleman, T N Connell NCox
Y Crawford

Y Crews Culbreth
N Cummings N Davis, G Y Davis, M
Day DeLoach, B Y DeLoach, G YDix
N Dixon, H N Dixon, S N Dobbs Y Ehrhart N Epps Y Evans
Falls 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 Holland Holmes Howard N Hudson

N Hugley Y Irvin
James Jamieson Y Jenkins 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
Lord
N Lucas Maddox
YMann Martin
N McBee N McCall
McClinton McKinney Y Mills 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
Porter N Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray N Reaves
Reichert Roberts N Rogers 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 N Smith, T Y Smith, V

On the adoption of the amendment, the ayes were 55, nays 80. The amendment was lost.

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

Representative Coleman of the 142nd moved that the House agree to the Senate sub stitute to HB 233.
On the motion, 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 YBenefield Y Birdsong Y Bordeaux Y Bostick Y Breedlove Y Brooks, D Y Brooks, T

Brown, G
Y Brown, J Y Brush YBuck Y Buckner N Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless Y Channell Y Childers Y Coker Y Coleman, B

Y Coleman, T Y Connell YCox Y Crawford Y Crews
Culbreth Y Cummings Y Davis, G N Davis, M YDay
DeLoach, B Y DeLoach, G YDix
Y Dixon, H Y Dixon, S Y Dobbs

Y Ehrhart YEpps Y Evans N Falls Y Felton
Y Floyd Godbee
Y Golden Y Goodwin Y Greene N Grindley
Hanner N Harbin
Harris
YHart Y Heard

Y Heckstall
Y Hegstrom Y Hembree
Henson Y Holland
Holmes Howard Y Hudson
Y Hugley Y Irvin
James Y Jamieson Y Jenkins
Johnson, G Y Johnson, J N Johnston

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JOURNAL OF THE HOUSE,

Y Jones N Joyce N Kaye Y Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence YLee Y Lewis N Lifsey YLord Y Lucas
Maddox N Mann
Martin Y McBee Y McCall
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
Pinholster
Y Polak Porter
Y Poston Y Powell Y Purcell, A Y Purcell, B

Randall Y Randolph YRay Y Reaves
Reichert Roberts Y Rogers 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

On the motion, the ayes were 128, nays 14. The motion prevailed.

Y Smith, L Y Smith, P Y Smith, T N Smith, V Y Smith, W Y Smyre N Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor Y Teague Y Teper Thomas Tillman

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

The following Bill of the Senate was taken up for the purpose of considering the Senate's insistence on its position in disagreeing to the House substituting the same:

SB 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.

Representative Dixon of the 150th moved that the House recede from its position in insisting on substituting SB 320.
On the motion, 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 Y Brooks, D Y Brooks, T
Brown, G Y Brown, J N Brush YBuck Y Buckner YBunn 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
Crews Culbreth Y Cummings Davis, G N Davis, M NDay 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

N Grindley Y Manner N Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson Y Hugley Y Irvin James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J N Johnston Y Jones Joyce NKaye Y Kinnamon N Klein YLadd N Lakly

YLane Y Lawrence YLee N Lewis N Lifsey YLord
Lucas N Maddox N Mann
Martin Y McBee Y McCall
McClinton McKinney Mills Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Orrock 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
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

FRIDAY, MARCH 17, 1995

2491

Y Smyre
N Snelling Snow
Y Stallings Y Stancil, F Y Stancil, S
Stanley, L

Stanley, P
Y Stephenson Y Streat Y Taylor Y Teague Y Teper
Thomas

Tillman
Y Titus Y Towery Y Trense
Turnquest Twiggs Y Walker, L

Y Walker, R.L
Wall Y Watson Y Watts N Westmorland
Whitaker White

Y Wiles
Y Williams, B Y Williams, J N Williams, R N Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 125, nays 17. The motion prevailed.

Representative Grindley of the 35th stated that he inadvertently voted "nay" on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills and Resolution of the House were taken up 'for the purpose of con sidering the Senate amendments or substitutes thereto:

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.

The following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 610 by changing on line 30, p. 3 the figure .10 to .08 and on line 10, p. 4, the figure .10 to .08.

SENATE AMENDMENT NO. 2
Amend HB 610 by inserting between lines 27 and 28 of page 5 the following:
"SECTION 3.5.
Said title is further amended by striking from Code Section 40-5-67.2, relating to terms and conditions of administrative license suspension, the introductory language and para graph (1) of subsection (a) and subsection (d) and inserting in lieu thereof the following:
'(a) Any driver's licensez permit, or nonresident operating privilege required to be sus pended under subsection (c) of Code Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
(1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspen sion is obtained, the period of suspension shall be for one year. Not sooner than 36 120 days following the effective date of suspension, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alco hol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays a restoration fee of $210.00 or $200.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a

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JOURNAL OF THE HOUSE,

DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources and pays the prescribed restoration fee.'
'(d) Except as otherwise provided bj; law, Any ether provision ef- tew te the contrary notwithstanding, a driver with no previous conviction for a violation of Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest, during the period of administrative suspension contemplated under this chapter, shall be entitled to a lim ited driving permit as provided in Code Section 40-5-64.'".

The following amendment was read and adopted:

Representatives Chambless of the 163rd, Baker of the 70th, Bordeaux of the 151st and Poston of the 3rd move to amend Senate amendment #2 to HB 610 by striking lines 3 through 41 of page 1 and lines 1 through 3 of page 2 in their entirety and by striking lines 1 through 4 of page 1 of Senate amendment #1 to HB 610 in their entirety and inserting in lieu thereof the following:
"Amend HB 610 by striking lines 20 through 34 of page 1, lines 1 through 45 of page 2, lines 1 through 44 of page 3, and lines 1 through 28 of page 4 in their entirety and insert ing in lieu thereof the following:
\o) At trie time ft Cficmlefti test OP tests cure veQuested9 trie person snflii oe inioMnect oy the arresting officer that.1 At the time a chemical test or tests are requested, the arrest ing officer shall select and read to the person the appropriate implied consent warning from the following:
\L) TirCOFft iflw tetjuipcs tne person to suDniit to ft test to determine w trie person is df the influence ef alcohol er ether d*ttgsf Implied consent notice for suspects under age 18:
"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 18, whichever is longer. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentra tion of 0.04 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year or until age 18, whichever is longer. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?"
XT tne testing ts PCtused) tfte person s HMvef~S" license of ri^jnt to drive will oe- sus* tor ft period of one ycsi* OP( tne person is* under &e icS IOP ft period or one
yea* ef until the age ef 18; whichever greater, ef; if- the vehicle a commercial vehi cle; the persea wffl he disqualified frem operating a commercial eter vehicle for * minimum period ef eae year; Implied consent notice for suspects age 18 or over:
"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing

FRIDAY, MARCH 17, 1995

2493

and the results indicate an alcohol concentration of 0.10 grams or more, your Geor gia driver's license or privilege to drive on the highways of this state may be sus pended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?"
(3) K a test is performed and the festte indicate a Weed- alcohol concentration grams er mere; the driver's license er tight te drive may be suspended fer minimum pefied ef- one yea* er; for a person ander the age ef- 18; a bleed alcohol concentration ef 6r04 grams er mere; the person's driver's license ef right te drive wiH be suapcnded tor ft minimui& period of one yeftp OP until tne &e ot J-o( wincftevep is pe&tef; ctnd
cnce of ftny Qicofioi) trie person win DC issued SLR outTM or "Service order &nd win oe proTM hibitcd firem operating a meter vehicle for 34 hours, and- if- the results indicate a bleedalcohol concentration ef- (HH grams ef merer the peraen wiH be disqualified front eperating a commercial meter vehicle fer a minimum period ef one year? Implied consent notice for commercial motor vehicle driver suspects:
"Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuae this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evi dence against you at trial. If you submit to testing and the results indicate the preaence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol con centration of 0.04 grams or more, you will be disqualified from operating a commer cial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical testa of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law?" (4) After submitting te the required testing, the pefsen shaU be entitled te obtain on additional tester teats at the expense ef such person; and \o) A He peiusfti to SKI Dim* to ft test mfty DC otiepcd iftto evidence &gftin9t trie pcpson

Failure te provide any notice required ander this aubacction ahall net invalidate thestjapcnsion pursuant te this Code section ef- any drivcr'a license. If any such notice ia used by a law enforcement officer to advise a person of his or her rights regarding the admin istration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person.".
Representative Baker of the 70th moved that the House disagree to Senate amend ment No. 1 and agree to Senate amendment No. 2, as amended by the House, to HB 610.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Bates Y Benefleld Y Birdaong 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 Y Channell Y Childere Y Coker
Coleman, B

Y Coleman, T Y Connell Y Cox Y Crawford Y Crews Y Culbreth Y Cummings
Davis, G

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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
Greene Y Grindley Y Hanner Y Harbin Y Harris
YHart Y Heard
Heckstall Hegstrom Y Hembree Y Henson

Y Holland Holmes
Y Howard Y Hudson Y Hugley
Irvin James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd
Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann

Martin Y McBee
McCall McClinton McKinney Y Mills 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
Powell Y Purcell, A
Purcell, B Y Randall Y Randolph
Ray Y Reaves

On the motion, the ayes were 143, nays 0. The motion prevailed.

Y Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Y Sherrill
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 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 YTwiggs Y Walker, L Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y WhiUker
White Y Wiles Y Williams, B
Y Williams, J Williams, R Woods
Y Yates Murphy, Spkr

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 Senate substitute was read:

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 admissible through the testimony of such other person under certain circumstances; to amend Chapter 5 of Title 49 of the Official Code of Geor gia Annotated, relating to programs and protection for children and youth, 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; 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 provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to hearsay, is amended by striking in its entirety Code Section

FRIDAY, MARCH 17, 1995

2495

24-3-16, relating to the admissibility of testimony as to a child's description of sexual con duct or physical abuse, and inserting in lieu thereof the following:
"24-3-16.
A statement made by a child under the age of 14 years describing any act of sexual con tact or physical abuse performed with or on the child by another or performed with or on another in the presence of the child is admissible in evidence by the testimony of the person or persons to whom made if the child is available to testify in the proceed ings and the court finds that the circumstances of the statement provide sufficient indi cia of reliability."
SECTION 2. 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 ehikl abuse 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; and (D) Sexual exploitation of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (c) of Code Section 49-5-183;; 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 b^ 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

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JOURNAL OF THE HOUSE,

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 an abuse investigator has been unable te teeate the child- allegedly abuacd er has determined by tat invcatigation 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 invcatigation' meana that an investigation by an abuse investigator has net been completed bat shall net extend beyond 180 days from the date the invcatiga tien 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 ehttel abuse registry which shall receive all information regarding suapcctcd 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 division Sfiftii notity ciny inctiVIQUQI wnosc H&IQ flppcsrs vn trie registry &IIQ writing, the procedure fef cxpungcmcnt.
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. \&)--All FGpofts Or ftxiccci cmlet flDusc pQccivcct oy flny fluusc iwvcsti^fl101* pupsUGUI* o Code Section 10-7-6 and aH eases in which- an abuse investigator independently makes a determination that there is reasonable cause te believe a child has been abused shall be reported te the division upon the earlier efe

FRIDAY, MARCH 17, 1995

2497

(1) The completion ef- the invcatigation; er \sj w luim ow flflys flitcp trie report pursviflnt to OOQC ocction i"TM / TMo is ixitu6 OF cn& independent dctcrmiRatieft by the investigator is made?
(b) If, within the 36 days specified in paragraph <2) ef subsection -(a) ef this Code seetion, the invcatigation by a abuse investigator:
(1) la completed, that investigator shall classify the alleged abuse as 'unfounded,' 'confirmed,' er 'unconfirmed' and; if classified as;
(A) 'Unfounded,' the abuse investigator shall net make a report te the division, not withstanding subsection {a} of this Code section; er (B) 'Confirmed' er 'unconfirmed,' the abuse investigator shall make a report te the division aaet include saeh classification; er
(2) la net completed, that abuse investigator shall make te the division a report which classifies the aHegeet 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 BFACS 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.'
{eKb) The report to the division 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 a ease reported te the division and classified as %der invcatigation,' th abuse investigator shall:
(1) Classify such ease as 'confirmed,' 'unconfirmed,' er 'unfounded'; ad (2) If the ease is classified as 'confirmed,' 'unconfirmed,' er 'unfounded,' report seh
claaaification 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 written 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.

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(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 30 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. (g) No child under the age of 14 shall be compelled to appear to testify at any hearing held pursuant to this Code section. If a child under the age of 14 testifies voluntarily, such testimony shall be given in compliance with procedures analogous to those con tained in Code Section 17-8-55. Nothing in this article shall prohibit introducing a child's statement in a hearing held pursuant to this Code section if the statement meets the criteria of Code Section 24-3-16.
49-5-184. (a) The division shall include H the abas* registry the information reported te- it pwwttftttt to OOQC section 4y~&"loo witnin ten ciflys ciite? receipt tficreoi. it me division 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

FRIDAY, MARCH 17, 1995

2499

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. If- at ay time a ease becomes rcclassificd as 'unfounded' it shatt be immediately expunged ftem the abase registry. (c) Any individual whose name appears i the abuse rcgiatry may petition the juvenile
juvenile couPtj filter conducting ft ncftring trt wriicn tft QIvision ficts DCen served with etiee and is givea a Tcasonablc opportunity te be heafd; shaH e*df cxpungcracnt pen a finding that thete is ne reasonable basis for the petitioning individual's name te fee maintained the abuse registry for the statutorily prescribed period. Any person whose name appears in the abuse registry without a hearing having been held 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 entitled to 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 in the abuse registry. (d) A DFACS office which receives a written request for a hearing by a person entitled to a hearing under subsection (c) of this Code 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) Onto? 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

2500

JOURNAL OF THE HOUSE,

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 Sections 40-S-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. whether the report is classified as confirmed or unconfirmed, the date upon which the person's name was listed on the registry, and 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 ar 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 departmentj 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 3. This section and Section 1 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Section 1 of this Act shall be applicable in all tribunals and trials initiated prior to, on, or subsequent to such date.
SECTION 4. Except as provided in Section 3 of this Act, this Act shall become effective on July 1, 1995.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Cox of the 160th moved that the House agree to the Senate substitute to HB 155.
On the motion, 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 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
Connell Y Coi Y Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M Y Day
DeLoach, B Y DeLoach, G Y Dii

FRIDAY, MARCH 17, 1995

Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Evans Falls Y Felton Y Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Banner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree
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
Kaye 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

McClinton McKinney Y Mills 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
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
Smith, W Smyre Y Snelling Snow Y Stallings Y Stancil, F Y Stancil, S Stanley, L Stanley, P

On the motion, the ayes were 150, nays 0. The motion prevailed.

2501
Y Stephenson Y Streat Y Taylor Y Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense
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
Woods Y Yates
Murphy, Spkr

HR 78. By Representative Royal of the 164th: A resolution compensating Ms. Sue F. Condrey.

The following Senate substitute was read:

A RESOLUTION
Compensating Ms. Sue F. Condrey; and for other purposes.
WHEREAS, Ms. Sue F. Condrey performs medical services at the Jimmy Autry Correc tional Institution near Pelham, Georgia; and
WHEREAS, on August 9, 1994, Ms. Condrey parked her 1985 Mercedes Model 300D in the front parking lot at the correctional facility; and
WHEREAS, upon returning to her vehicle, Ms. Condrey found that it had a cracked wind shield, broken head light, broken fog light, and cracked trim around the head light; and
WHEREAS, it is believed that the vehicle was damaged by a prison detail cutting grass in the area, as six other vehicles in that area of the parking lot were also damaged; and
WHEREAS, Ms. Condrey suffered property damage to her automobile in the amount of $579.06; and
WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Condrey, and it is only fitting and proper that she be compensated for the amount of her deduct ible.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Ms. Sue F. Condrey as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and com plete satisfaction of all claims against the state arising out of said occurrence.

2502

JOURNAL OF THE HOUSE,

Representative Cox of the 160th moved that the House agree to the Senate substitute to HR 78.
On the motion, 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
Birdsong 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 Y Chambless Y 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
Day DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Dobbs Y Ehrhart YEpps Y Evans Falls Y Felton Y Floyd Godbee Y Golden Y Goodwin Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard Hecks tall Y Hegstrom Y Hembree 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
Martin McBee Y McCall McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Orrock

On the motion, the ayes were 152, nays 0. The motion prevailed.

Y Parham Y Parrish Y Parsons
Y Pelote Y Perry Y Pinholster YPolak
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 YShanahan
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

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 YTeper Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs 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 YYates 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 resolu tion of the Senate:

SR 86. By Senators Edge of the 28th, Middleton of the 50th, Cagle of the 49th and others:
A resolution creating the Boat Safety Study Committee.

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

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.

FRIDAY, MARCH 17, 1995

2503

The Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

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.

The Senate has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the House:

HR 95. By Representatives Snow of the 2nd, Smith of the 174th, Stancil of the 91st and others:
A resolution recreating the Aged and Disabled Transportation Task Force.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following bill 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 President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Thompson of the 33rd, Farrow of the 54th and Ray of the 19th.

The Senate adheres to its disagreement to the House substitute and has appointed a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Farrow of the 54th, Walker of the 22nd and Oliver of the 42nd.

Representative Royal of the 164th District, Chairman of the Committee on State Planning & Community Affairs, submitted the following report:

2504

JOURNAL OF THE HOUSE,

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 430 Do Pass, as Amended
Respectfully submitted, /s/ Bates of the 179th
Vice-Chairman

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

SR 86. By Senators Edge of the 28th, Middleton of the 50th, Cagle of the 49th and others:
A resolution creating the Boat Safety Study Committee.
Referred to the Committee on Game, Fish & Parks.

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

SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.

The following amendment was read and adopted:

The Committee on State Planning and Community Affairs - Local moves to amend SB 430 by striking on line 34 of page 2 and inserting in lieu thereof the following:
"two-thirds of all of its members a preliminary".

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 93, nays 3.
The Bill, having received the requisite constitutional majority, was passed, as amended.

The following Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 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.

FRIDAY, MARCH 17, 1995

2505

Representative Childers of the 13th moved that the House adhere to its position in substituting SB 93 and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.
The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Childers of the 13th, Culbreth of the 132nd and O'Neal of the 75th.

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

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.

The following Senate amendment was read:
Amend HB 145 by inserting between lines 7 and 8 of page 1 the following:
"to amend Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to educators' salaries, 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 subject;".
By renumbering Section 2 as Section 3 and inserting a new Section 2 to read as follows:
"SECTION 2.
Code Section 20-2-212 of the Official Code of Georgia Annotated, relating to educators' salaries, is amended by striking the following language from the end of subsection (b):
'unless such local unit of administration has conducted at least one public hearing regarding such decrease.'"

Representative Buckner of the 95th moved that the House disagree to the Senate amendment to HB 145.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Barnes of the 33rd moved that the House insist on its position in dis agreeing to the Senate amendment to HB 338 and that a Committee of Conference be

2506

JOURNAL OF THE HOUSE,

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 Barnes of the 33rd, Holland of the 157th and Reichert of the 126th.

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.

Representative Reichert of the 126th moved that the House insist on its position in disagreeing to the Senate substitute to HR 319 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 Greene of the 158th, Skipper of the 137th and Reichert of the 126th.

The following Resolutions of the House were taken up for the purpose of considering the Senate substitutes thereto:

HR 172. By Representatives Dobbs of the 92nd and Stancil of the 91st: A resolution compensating Ms. Charlotte Brandenburg.

The following Senate substitute was read:

A RESOLUTION
Compensating Ms. Charlotte Brandenburg and Ms. Carrie Fletcher; and for other pur poses.
Part 1
WHEREAS, Ms. Charlotte Brandenburg is a part-time employee at the Rockdale Dekalb County Probation and Detention Center located at 2165 Chambers Drive in Conyers, Geor gia; and
WHEREAS, on April 20, 1994, Ms. Brandenburg parked her 1988 Ford Bronco II in the parking lot at the probation facility; and
WHEREAS, upon returning to her vehicle, Ms. Brandenburg found that it had a damaged quarter panel and left quarter panel window; and
WHEREAS, the vehicle was damaged by a detainee cutting grass in the area; and
WHEREAS, Ms. Brandenburg suffered property damage to her automobile in the amount of $803.84; and

FRIDAY, MARCH 17, 1995

2507

WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Branden burg, and it is only fitting and proper that she be compensated for the amount of her deductible.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Corrections is authorized and directed to pay the sum of $500.00 to Ms. Charlotte Brandenburg as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Part 2
WHEREAS, on January 25, 1993, Ms. Carrie Fletcher fell on the corner of the street near the door of the Coffee County Field Service Office of the Georgia Department of Labor, injuring her ankle; and
WHEREAS, Ms. Fletcher's expenses for medical treatment of her injured ankle and other out-of-pocket expenses were $900.00.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Labor is authorized and directed to pay the sum of $900.00 as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Representative Dobbs of the 92nd moved that the House agree to the Senate substi tute to HR 172.
On the motion, 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
Brown, G Y Brown, J
Y 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 YCo* Y Crawford

Y Crews Y Culbreth
Y Cummings Y Davis, G
Davis, M YDay
DeLoach, B Y DeLoach, G YDix
Dixon, H
Y Dixon, S Y Dobbs Y Ehrhart
YEpps Y Evans
Falls Y Felton
Floyd Y Godbee Y Golden Y Goodwin
Y Greene Y Grindley Y Manner Y Harbin Y Harris YHart Y Heard
Heckstall 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 Martin
Y McBee Y McCall
McClinton McKinney Y Mills Mobley, B Y Mobley, J Mosley Mueller Y O'Neal
Orrock

On the motion, the ayes were 140, nays 0.

Y Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Porter
Poston Y Powell Y Purcell, A
Purcell, B Randall
Y Randolph Ray Reaves Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder
Scoggins
Shanahan YShaw 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 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 Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L Wall Y Watson Watts Westmorland Y Whitaker Y White Y Wiles Y Williams, B Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

2508 The motion prevailed.

JOURNAL OF THE HOUSE,

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 following Senate substitute was read:

A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Carroll County, Georgia, 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, Georgia, in consideration therefor; authorizing the conveyance of certain state owned real property located in Whitfield County, Georgia; authorizing the conveyance of certain state owned real property located in Stephens County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS:
(1) The Carroll County Board of Education is the owner of approximately four acres located on the southeastern boundary of the Carroll Technical Institute Campus in Carroll County; and the State of Georgia is the owner of approximately 0.3 of one acre of real property located on the southern boundary of the Carroll Technical Institute Campus in Carroll County, Georgia; said tracts are more particularly described on individual plats of survey dated January 20, 1994, and February 12, 1994, respectively, prepared by Timothy L. McGukin, Georgia Registered Land Surveyor No. 2289, each on file in the offices of the State Properties Commission; and (2) Custody of the subject state owned real property is vested in the Department of Technical and Adult Education; and (3) The Carroll County Board of Education is desirous of exchanging the above-de scribed four-acre tract for that certain 0.3 of one acre tract of state owned property in order to build a child development center at the adjoining vocational high school; and (4) The Department of Technical and Adult education is desirous of obtaining the above-described four-acre tract located on the southeastern boundary of Carroll Tech nical Institute to expand parking facilities; and (5) The exchange of the above-described tracts of real property would be beneficial both to the State of Georgia and the Carroll County Board of Education; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; and (2) Said real property is all that portion of the Western and Atlantic Railroad right of way located in Land Lots 112 and 117 of the Twelfth District, Third Section of Whitfield County, Georgia, containing approximately 9.8 acres and designated as Par cel No. 2 on Map No. V2/50 on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by Grantee to the State Properties Commis sion for approval; and (3) Said property is under the custody of the State Properties Commission and is leased to CSX Transportation, Inc.; and (4) Said property is a portion of the site for a proposed industrial development; and (5) The State of Georgia, Whitfield County, and CSX Transportation, Inc. are desir ous of developing said industrial site. WHEREAS:

FRIDAY, MARCH 17, 1995

2509

(1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; and (2) Said real property, which was intended to be the location of a proposed mainte nance facility for the National Guard Armory, is all that tract or parcel of land con taining 1.47 acres lying and being in the City of Toccoa, Stephens County, Georgia, and is more particularly described in a plat of survey entitled "Georgia Army National Guard" dated February 14, 1986, by Clelland A. Tyson, Georgia Registered Land Sur veyor No. 1515, on file with the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Defense; and (4) The Department of Defense no longer intends to construct the above-mentioned maintenance facility and the property is not being utilized by the State of Georgia and is therefore surplus to its needs; and (5) The Stephens County Board of Education conveyed the above-described property to the State of Georgia on September 18, 1986, for the consideration of $10.00; and (6) The Stephens County Board of Education is desirous of obtaining the subject property.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
SECTION 1. That, in all matters relating to conveyance of the herein described state owned real prop erty in Carroll County and the acceptance of the herein described real property owned by the Carroll County Board of Education, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey by appropriate instrument to the Carroll County Board of Education the hereinabove described state owned real property located in Carroll County and to accept in consideration therefor from the Carroll County Board of Educa tion the hereinabove described property owned by the Carroll County Board of Education.
SECTION 3. That the State Properties Commission is hereby authorized to do all acts and things nec essary and proper to effect such exchange.
SECTION 4. That such conveyance and acquisition shall be upon such other terms and conditions as may be prescribed by the State Properties Commission.
SECTION 5. That the conveyance considered in this article shall contain such other reasonable terms and conditions as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the property, so long as the description utilized by the State Prop erties Commission describes the same conveyance area considered in this resolution.
SECTION 6. That the conveyance instrument authorized by this resolution shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission.
SECTION 7. That the authorization in this resolution to convey the above-described state owned prop erty to the Carroll County Board of Education and to accept the above-described Carroll County Board of Education owned property from the Carroll County Board of Education shall expire three years after the date that this resolution becomes effective.

2510

JOURNAL OF THE HOUSE,

ARTICLE 2
SECTION 8. That the State of Georgia is the owner of the above-described real property located in Whitfield County and that in all matters relating to the conveyance of said real prop erty, the State of Georgia is acting by and through its State Properties Commission.
SECTION 9. That the above-described real property located in Whitfield County shall be conveyed by appropriate instrument to a person, corporation, company, governmental body, authority, or other entity as determined by the State Properties Commission to be in the best interest of the State of Georgia, for a consideration of not less than the fair market value of such property and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 10. That the conveyance of the above-described real property located in Whitfield County shall be conditioned upon the lessee of the Western and Atlantic Railroad, CSX Trans portation, Inc. (formerly known as the Louisville & Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in said property to the State of Geor gia by appropriate instrument.
SECTION 11. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 12. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Com mission.
ARTICLE 3
SECTION 13. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.
SECTION 14. That the above-described real property shall be conveyed by appropriate instrument to the Stephens County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
SECTION 15. That the authorization in this resolution to convey the above-described property to the Stephens County Board of Education shall expire three years after the date that this reso lution becomes effective.
SECTION 16. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.
SECTION 17. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Stephens County and a recorded copy shall be forwarded to the State Properties Commis sion.

FRIDAY, MARCH 17, 1995

2511

ARTICLE 4
SECTION 18. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 19. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Jamieson of the 22nd moved that the House agree to the Senate sub stitute to HR 231.
On the motion, 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
Brown, G Y Brown, J
Brush YBuck
Buckner Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers 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 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 Banner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y HoUand 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
Kaye Y Kinnamon Y Klein
Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Martin Y McBee Y McCall McClinton McKinney Y Mills Mobley, B Y Mobley, J Mosley MueUer Y O'Neal Orrock

On the motion, the ayes were 143, nays 0. The motion prevailed.

Y Parham Y Fairish
Y Parsons Y Pelote Y Perry Y Pinholster YPolak Y Porter
Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay .
Reaves Reichert Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan YShaw Shertill 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

Smith, W YSmyre Y Snelling
Snow YStallmgs Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Y Stephenson Y Street Y Taylor Teague YTeper Y Thomas YTillman Y Titus Y Towery YTrense Y Turnquest Twiggs Y Walker, L Y Walker, R.L Wall Y Watson Watts Y Westmorland Y Whitaker Y White Y Wiles ' Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates Murphy, Spkr

The following Resolution of the House was taken up for the purpose of considering the Senate's insistence on its position in substituting the same:

HR 277, By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.

Representative Skipper of the 137th moved that the House insist on its position in disagreeing to the Senate substitute to HR 277 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.

2512

JOURNAL OF THE HOUSE,

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Reichert of the 126th, Skipper of the 137th and Greene of the 158th.

The following Bills of the House were taken up for the purpose of considering the reports of the Committees of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 423

The Committee of Conference on HB 423 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 423 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Nadine Thomas Senator, 10th District

/s/ Bob Holmes Representative, 53rd District

/s/ Mike Egan Senator, 40th District

/s/ Henrietta M. Canty Representative, 52nd District

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ Ray Holland Representative, 157th District

A BILL
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change the dates for qualifying and for the general primary in 1996; to change the dead line for registration and registration by mail in certain special primaries and elections; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (b.l) of Code Section 21-2-132, relating to procedures for qualifying of candidates, and inserting in lieu thereof a new subsection to read as follows:
"(b.l) All candidates specified in subsection (b) of this Code section shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or his the candidate's agent, desiring to

FRIDAY, MARCH 17, 1995

2513

have his or her name placed on the nonpartisan primary ballot shall file a notice of his candidacy, giving his or her name, residence address, and the office he is accking sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in Aprilj provided, however, that in 1996 such candidates or their agents shall file such notice of candidacy in the office of the Secre tary of State no earlier than 9:00 A.M. on the third Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the third Monday in April; (2) Each candidate for the office of judge of a state court, or his the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of his candidacy in the office of the superintendent of his the county no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the elec tion and no later than 12:00 Noon on the Friday following the fourth Monday in April; provided, however, that in 1996 such candidates or their agents shall file such notice of candidacy with such superintendent no earlier than 9:00 A.M. on the third Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the third Monday in April."
SECTION 2. Said title is further amended by striking in its entirety Code Section 21-2-150, relating to the date of the general primary and the date of the nonpartisan primary, and inserting in lieu thereof a new Code section to read as follows:
"21-2-150.
(a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election, such primary shall be held on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such pri mary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted. In 1996, such primary shall be held on the fourth Tuesday in June."
SECTION 3. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualifying for party nomination in a primary, and inserting in lieu thereof a new subsection to read as follows:
"(c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in Aprilj provided, however, that in 1996 such candidates or their agents shall commence qualifying on the third Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the third Monday in April. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary."
SECTION 4. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-2-224, relating to registration deadlines, and inserting in lieu thereof the follow ing:

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JOURNAL OF THE HOUSE,

"(b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as pro vided in this article no later than the close of the business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; provided, however, except that;:
(1) If if such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such fifth Monday is a legal holiday, by the close of business on the following business day. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary^ er; special primary or special election held in conjunc tion with a general primary, general election, or presidential preference primary; or spe cial primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected county offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections."
SECTION 5. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-3-123, relating to deadlines for registration for municipal elections, and insert ing in lieu thereof the following:
"(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any municipal special primary or special election, such person shall make application as pro vided in Article 6 of Chapter 2 of this title no later than the close of the business on the fifth day after the date of the call for the special primary or special election, exclud ing Saturdays, Sundays, and legal holidays of this state; provided, however, except that;:
(1) If tf such special primary or special election is held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a pres idential preference primary held under Chapter 2 of this title, the registration dead line for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a pres idential preference primary held under Chapter 2 of this title, but is held on one of the dates specified in Code Section 21-3-52 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected municipal offices, the registration deadline for such a special primary or elec tion shall be at the close of business on the fifth Monday prior to the date of the spe cial primary or election or, if such fifth Monday is a legal holiday, b_ the close of business on the following business day.

FRIDAY, MARCH 17, 1995

2515

(c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary; erj special primary or special election held in conjunc tion with a general primary, general election, or presidential preference primary;; or spe cial primary or special election held on one of the dates specified in Code Section 21-3-52 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected municipal offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sun days, and legal holidays of this state, for all other special primaries and special elec tions."
SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Holmes of the 53rd moved that the House adopt the report of the Committee of Conference on HB 423.
On the motion, the roll call was ordered and the vote was as follows:

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

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

Hugley Y Irvin Y James N Jamieson N Jenkins N Johnson, G Y Johnson, J N Johnston
Jones N Joyce YKaye
Kinnamon Y Klein
Ladd Y Lakly NLane
Lawrence NLee N Lewis N Lifsey NLord Y Lucas
Maddox N Mann
Martin NMcBee N McCall N McClinton
McKinney Y Mills
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
Poston N Powell N Purcell, A N Purcell, B
Randall N Randolph
Ray
Reichert Roberts N Rogers N Royal N Sanders N Sauder N Scoggins N Shanahan NShaw Y Sherrill N Shipp N Simpson Sinkfield N Skipper N Smith, C N Smith, C.W N Smith, L N Smith, P N Smith, T N Smith, V

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

On the motion, the ayes were 47, nays 95.
The motion was lost and the report of the Committee of Conference on HB 423 was rejected.

Representative Holmes of the 53rd moved that the first Committee of Conference on HB 423 be dissolved and that a second Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

2516

JOURNAL OF THE HOUSE,

The motion prevailed.
The Speaker appointed as a second Committee of Conference on the part of the House the following members:
Representatives Holmes of the 53rd, Canty of the 52nd and Holland of the 157th.

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 477

The Committee of Conference on HB 477 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 477 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Mike Egan Senator, 40th District

M Roy H. Watson, Jr. Representative, 139th District

/s/ Steve Henson Senator, 55th District

/s/ Curtis S. Jenkins Representative, 110th District

/s/ Connie Stokes Senator, 43rd District

/s/ Doug Teper Representative, 61st District

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 provide for the regulation of consignments of art and the rights and duties of consignors, consignees, and others; to provide for a short title; to provide for definitions; to provide that certain acts constitute a consignment; to provide for exceptions; to require written contracts and provide for requirements related thereto; to provide for the effect of such a consignment; to provide for trusts, trust funds, and trust property; to provide that trust funds and trust property shall not be subject to certain rights of others; to provide for duties of art dealers and the display of works of art; to provide for certain waivers and prohibit certain waivers of the provisions of this article; to provide for applicability; to provide for agreements; to provide for penalties; to provide for damages and attorney's fees; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding, following Article 17, a new Article 17A to read as follows:

FRIDAY, MARCH 17, 1995

2517

"ARTICLE 17A
10-1-520. This article shall be known and may be cited as the 'Georgia Consignment of Art Act.'
10-1-521. As used in this article, the term:
(1) 'Art dealer' means a person engaged in the business of selling works of art, other than a person exclusively engaged in the business of selling goods at public auction, and other than a non-profit organization. (2) 'Artist' means the person who creates a work of art, or, if such person is deceased, such person's heir, legatee, or personal representative. (3) 'Consignment' means that no title to, estate in, or right to possession of the work of art superior to that of the consignor shall vest in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such work of art. (4) 'Co-operative' means an association or group of artists which:
(A) Engages in the business of selling only works of art which are produced or cre ated by such artists; (B) Jointly owns, operates, and markets such business; and (C) Accepts such works of art from its members on consignment. (5) 'Person' means an individual, partnership, corporation, association, entity, or other group, however organized. (6) 'Value of the work of art' means an amount agreed upon by written contract as the monetary worth of a work of art which amount shall be used in determining dam ages in the instance of a violation of this article by an art dealer and shall not be used for any other purpose. (7) 'Work of art' means an original art work which is: (A) A visual rendition, including a painting, drawing, sculpture, mosaic, or photo graph; (B) A work of calligraphy; (C) A work of graphic art, including an etching, lithograph, offset print, or silk screen; (D) A craft work in materials, including clay, textile, fiber, wood, metal, plastic, or glass; or (E) A work in mixed media, including a collage or a work consisting of any combi nation of subparagraphs (A) through (D) of this paragraph.
10-1-522. Notwithstanding any custom, practice, or usage of the trade to the contrary, whenever an artist delivers or causes to be delivered a work of art of the artist's own creation to an art dealer in this state for the purpose of exhibition or sale, or both, on a commis sion, fee, or other basis of compensation, the delivery to and acceptance of such work of art by the art dealer shall constitute a consignment, unless the delivery to the art dealer is pursuant to an outright sale for which the artist receives or has received full compensation for the work of art upon delivery.
10-1-523. (a) An art dealer may accept a work of art on a fee, commission, or other compensation basis on consignment from the artist who created the work of art only if prior to or at the time of acceptance the art dealer enters into a written contract with the artist estab lishing:
(1) The value of the work of art; (2) The time within which the proceeds of the sale are to be paid to the artist if the work of art is sold; and (3) The minimum price for the sale of the work of art. (b) If an art dealer violates this Code section, a court may, at the request of the artist, void the obligation of the artist to that art dealer or to a person to whom the obligation is transferred other than a holder in due course.

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JOURNAL OF THE HOUSE,

10-1-524. A consignment of a work of art shall result in all of the following:
(1) The art dealer, after delivery of the work of art, shall constitute an agent of the artist for the purpose of sale or exhibition of the consigned work of art within this state; (2) The work of art shall constitute property held in trust by the consignee for the benefit of the consignor and shall not be subject to claim by a creditor of the con signee; (3) The consignee shall be responsible for the loss of, or damage to, the work of art; and (4) The proceeds from the sale of the work of art shall constitute funds held in trust by the consignee for the benefit of the consignor. Such proceeds shall first be applied to pay any balance due to the consignor, unless the consignor expressly agrees other wise in writing.
10-1-525. (a) A work of art received as a consignment shall remain trust property, notwithstand ing the subsequent purchase thereof by the consignee directly or indirectly for the con signee's own account, until the price is paid in full to the consignor. If such work is thereafter resold to a bona fide purchaser before the consignor has been paid in full, the proceeds of the resale received by the consignee shall constitute funds held in trust for the benefit of the consignor to the extent necessary to pay any balance still due to the consignor and such trusteeship shall continue until the fiduciary obligation of the con signee with respect to such transaction is discharged in full. (b) No such trust property or trust funds shall be or become subject or subordinate to any claims, liens, or security interests of any kind or nature whatsoever, of the consign ee's creditors, anything in Code Section 11-2-326 or any other provision of Title 11 to the contrary notwithstanding.
10-1-526. Any cooperative may contract with its members to waive liability for the loss of or dam age to works of art consigned to such cooperative. Any other provision of a contract or an agreement whereby the consignor purports to waive any provision of this article is void.
10-1-527. An art dealer who accepts a work of art, on a fee, commission, or other compensation basis on consignment from the artist who created the work of art may use or display the work of art or a photograph of the work of art or permit the use or display of the work of art or a photograph of the work of art only if:
(1) Notice is given to users or viewers that the work of art is the work of the artist; and (2) The artist gives prior written consent to the particular use or display.
10-1-528. This article shall not apply to a written contract executed prior to July 1, 1995, unless either the parties agree by mutual written consent that this article shall apply or such contract is extended or renewed after July 1, 1995.
10-1-529. Any art dealer who violates this article is liable to the artist in an amount equal to:
(1) Fifty dollars; and (2) The actual damages, if any, including the incidental and consequential damages sustained by the artist by reason of the violation and reasonable attorney's fees."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Teper of the 61st moved that the House adopt the report of the Com mittee of Conference on HB 477.

FRIDAY, MARCH 17, 1995

2519

On the motion, 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
Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D 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 Y 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
DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
YEpps Evans Falls
Y Pelton Y Floyd YGodbee Y Golden Y Goodwin
Y Greene Y Grindley
Manner Y Harbin
Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

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

On the motion, the ayes were 137, nays 1. The motion prevailed.

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
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 Sinkfield
Y Skipper Smith, C 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 Stephenson
Y Streat Taylor Teague
YTeper 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
Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

The following Bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereon:

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 report of the second Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 375

The Committee of Conference on HB 375 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 375 be adopted.
Respectfully submitted,

2520

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Richard O. Marable Senator, 52nd District
/s/ Walter S. Ray Senator, 19th District
/s/ Charles W. Walker Senator, 22nd District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Jimmy Lord Representative, 121st District
/s/ Kern W. Shipp Representative, 38th District
/s/ R. Williams Representative, 114th District

A BILL
To amend Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, so as to allow an additional premium to a policy or a renewed or extended policy to be financed with the same insurance premium finance company without the execution of a new premium finance agreement; to provide for an addendum to a premium finance agreement to be mailed or delivered to the insured; to allow the imposition of a returned check fee for each installment payment check returned by a financial institution as a result of insufficient funds; to provide the amount of such fee; to revise provisions relative to the notification of the insured by the premium finance company of cancellation of the policy; to require premium finance companies to provide written disclosure to insureds of the existence within a premium finance agreement of any power of attorney enabling such premium finance company to cancel any insurance con tract listed in the agreement; to provide for the form of such notice; to provide for a con clusive presumption of compliance by the premium finance company with certain statutory requirements; to relieve the insurer from liability under certain circumstances; to provide for editorial revision; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 22 of Title 33 of the Official Code of Georgia Annotated, relating to insurance premium finance companies, is amended by striking Code Section 33-22-8, relating to the form, contents, execution, and delivery of premium finance agreements, and inserting in lieu thereof a new Code Section 33-22-8 to read as follows:
"33-22-8.
(a) A premium finance agreement shall: (1) Be dated and signed by or on behalf of the insured, and the printed portion of the agreements agreement shall be in at least eight-point type; (2) Contain the name and place of business of the insurance agent or insurance broker negotiating the related insurance contract, the name and residence of place of business of the insured as specified by him or her, the name and place of business of the pre mium finance company to which payments are to be made, a description of the insur ance contracts involved, and the amount of the premium for the contracts; and (3) Set forth the following items, where applicable: (A) The total amount of the premiums; (B) The amount of the down payment; (C) The principal balance (the difference between subparagraphs (A) and (B) of this paragraph); (D) The amount of the service charge, including the additional charge as provided in Code Section 33-22-9; (E) The balance payable by the insured (the sum of subparagraphs (C) and (D) of this paragraph); and (F) The number of payments required, the amount of each payment expressed in dollars, and the due date or period of payment.
(b) The items set out in paragraph (3) of subsection (a) of this Code section need not be stated in the sequence or order in which they appear in such clause2 and additional

FRIDAY, MARCH 17, 1995

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items may be included to explain the computations made in determining the amount to be paid by the insured. (c) The licensee or the insurance agent or insurance broker shall deliver to the insured or mail to hi the insured at his or her address shown in the agreement a complete copy of the agreement. (d) Whenever an insurance policy has been financed pursuant to this chapter, an addi tional premium to such policy or a renewal or extension of such policy may be financed with the same premium finance company without the execution of a new premium finance agreement. The premium finance company shall mail or deliver to the insured an addendum to the existing premium finance agreement in the same manner as pro vided in subsection (c) of this Code section, and such addendum shall contain the infor mation required under subsection (a) of this Code section."
SECTION 2. Said chapter is further amended by striking Code Section 33-22-10, relating to delinquency charges, and inserting in lieu thereof a new Code Section 33-22-10 to read as follows:
"33-22-10.
(a) A premium finance agreement may provide for the payment by the insured of a delinquency charge ranging in amount from $1.50 to a maximum of 5 percent of the delinquent payment on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15.00 in the case of a commercial insurance premium finance agreement or $5.00 in the case of a consumer insurance premium finance agreement. (b) A premium finance agreement may provide for a returned check fee of $20.00 for each installment payment check returned by the financial institution as the result of insufficient funds."
SECTION 3. Said chapter is further amended by adding immediately following Code Section 33-22-12 a new Code Section 33-22-12.1 to read as follows:
"33-22-12.1.
Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall mail or deliver to the insured a copy of the agreement as provided in subsection (c) of Code Section 33-22-8 and a written notice which clearly discloses to the insured the existence of the power of attor ney contained in such agreement. The written notice shall substantially comply with the following form:
'NOTICE Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or poli cies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME.'"
SECTION 4. Said chapter is further amended by striking subsection (c) of Code Section 33-22-13, relat ing to the procedure for cancellation of the insurance contract upon default, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c)L) After expiration of such ten-day period, the premium finance company may thereafter in the name of the insured cancel such insurance contract or contracts by mailing or delivering to the insurer a notice of cancellation; and the insurance contract shall be canceled as if the notice of cancellation had been submitted by the insured; himself, but without requiring the return of the insurance contract or contracts. The premium finance company, when mailing or delivering notice to the insurance com pany to cancel the policy, shall simultaneously mail notice to the insured notifying

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him or her of the action taken. Such notice to the insured shall contain the date and time the policy is to be canceled, which date shall net be prior te be after the date of mailing of such notice, and shall inform the insured that any payment received after the mailing or delivery of notice to the insurance company to cancel the policy will not reinstate the policy. The notice may contain information to the effect that the premium finance company will make a request to the insurance company to reinstate the policy. Language sufficiently clear and specific so that a person of average intelli gence can understand the action being taken by the premium finance company shall be used. The notice to the insured required by this Code acction subsection shall be mailed to the last address of record of the insured and shall be dispatched by at least first-class mail and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service. (2) The receipt of the notice of cancellation provided in paragraph (1) of this subsec tion by the insurer shall create a conclusive presumption that the premium finance company has fully complied with all the requirements of this Code section, that the insurer is entitled to rely on such presumption, and that the cancellation of the insur ance contract or contracts is concurred in and authorized by the insured. No liability of any nature whatsoever shall be imposed upon the insurer as a result of the failure by the insured to receive the notice of the action taken required by paragraph (1) of this subsection or as a result of the failure of the insurance premium finance company to comply with any of the requirements of this Code section."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Williams of the 114th moved that the House adopt the report of the second Committee of Conference on HB 375.
On the motion, 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 Birdsong Y Bordeaux Y Bostick Y Breedlove Brooks, D Brooks, T Y Brown, G Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter
Chambless Y Channell Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox
Crawford

Crews
Y Culbreth Y Cummings Y Davis, G Y Davis, M YDay
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
Hanner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Y Howard Y Hudson

Y Hugley Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox Y Mann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller
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 Randolph Ray 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
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 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
Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R
Woods Yates Murphy, Spkr

FRIDAY, MARCH 17, 1995

2523

On the motion, the ayes were 137, nays 0. The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 105

The Committee of Conference on SB 105 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 105 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Clay Land Senator, 16th District

/s/ Gregory H. Kinnamon Representative, 4th District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Tommy Chambless Representative, 163rd District

/s/ Connie Stokes Senator, 43rd District

/s/ Roy E. Barnes Representative, 33rd District

A BILL
To amend Chapter 6 of Title 10 of the Official Code of Georgia Annotated, 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 explana tion for principals; 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 authority of guardi ans relating to settlement of the claims of minors; to provide for the jurisdiction of probate court judges in appointing guardians and temporary guardians; to change requirements and procedures relating to appointment of temporary guardians; to provide for bonds of guardians appointed by the probate court; to remove advanced age as a criterion for inca pacity; 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 6 of Title 10 of the Official Code of Georgia Annotated, relating to agency, is amended by inserting a new article to be designated Article 7 to read as follows:
"ARTICLE 7
10-6-140.

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The Georgia Statutory Form for Financial Power of Attorney set out in Code Section 10-6-142 may be used to create a financial power of attorney, but is not the exclusive method for creating such an agency.
10-6-141. The following explanation for principals may be used with the Georgia Statutory Form for Financial Power of Attorney:
EXPLANATION FOR PRINCIPALS WHAT IS A FINANCIAL POWER OF ATTORNEY? This document is called a 'Financial Power of Attorney.' It allows you to name one or more persons to help you handle your financial affairs. Depending on your individ ual circumstances, you can give this person or persons complete or limited power to act on your behalf. This document does not give someone the power to make medical decisions or personal decisions for you. WHAT CAN MY AGENT DO? The 'Agent' is the person you give power to handle your financial affairs. The 'Principal' is you. Your decision to use this document is a very important one and you should think carefully about what financial decisions you want your Agent to make for you. With this document, you can give your Agent the right to make all financial decisions or only certain, limited decisions. For example, you can allow your Agent to handle all your financial affairs, including the power to sell, rent, or mortgage your home, pay your bills, cash or deposit checks, buy and sell your stock, investments, or personal items. Or you can allow your Agent to handle only certain or specific financial affairs such as to pay your monthly bills. DO I GIVE ALL MY POWERS AWAY? No. Even with this document, you can still handle your own financial affairs as long as you choose to or are able to. You need to talk to your Agent often about what you want and what he or she is doing for you using the document. If your Agent is not following your instructions or doing what you want, you may cancel or revoke the document and end your Agent's power to act for you. HOW DO I REVOKE MY FINANCIAL POWER OF ATTORNEY? You may revoke your financial power of attorney by writing a signed and dated revo cation of power of attorney and giving it to your Agent. You should also give it to anyone who has been relying upon the financial power of attorney and dealing with your Agent, such as your bank and investment institutions. Unless you notify all parties dealing with your Agent of your revocation, they may continue to deal with your Agent. You should contact a lawyer if your Agent continues to act after you have revoked the power of attorney. WHEN DOES MY AGENT'S AUTHORITY END? Unless you say in the document when you want your Agent's power to end, your docu ment will remain in effect even if you become incapacitated or unable to communicate your wishes. However, upon your death or the death of your Agent or successor Agents, the document will be cancelled and the Agent's power to act for you will end. You can also include a date or a specific occurrence like your incapacity or illness as the time when you want your document to be canceled and your Agent's power to act for you to end. WHEN DO THE POWERS TAKE EFFECT? Depending on your circumstances, you may wish to specify an occurrence or a future date for the document to become effective. Unless you do so, it becomes effective immediately. MUST MY AGENT DO THOSE THINGS I AUTHORIZE? No. But if your Agent accepts this responsibility and agrees to act for you, he or she is required to sign and date the 'Acceptance of Appointment' contained in the finan cial power of attorney form. HOW DO I COMPLETE THIS DOCUMENT?

FRIDAY, MARCH 17, 1995

2525

Both the Principal and the Agent should read the full document carefully before initialing or signing. The Principal and the Agent should fully understand what pow ers are being granted to the Agent and what restrictions, if any, exist. Read each paragraph carefully. If you decide to give your Agent the power described in the paragraph, initial your name at the end of the paragraph. If you do not wish to give your Agent the power described in a paragraph, strike through and initial the paragraph or any line within a paragraph. HOW DO I EXECUTE THE DOCUMENT? Two adult witnesses must watch you sign your name on the document. At least one witness cannot be the Principal's spouse or blood relative. After they witness you sign ing your name, the witnesses must sign their names. This document does not need to be notarized unless real property transactions such as leasing, selling, or mortgaging of property are authorized. THIS DOCUMENT REFLECTS THE WISHES OF THE PRINCIPAL. Do not let anyone pressure you into making a financial power of attorney, naming an Agent, or granting a power unless it is your choice. If you do not understand any portion of this document, you should ask a lawyer to explain it to you.
10-6-142. The Georgia Statutory Form for Financial Power of Attorney shall be substantially as follows:
FINANCIAL POWER OF ATTORNEY County of ______________ State of Georgia I, _____________, (hereinafter 'Principal'), a resident of _________________ County, Georgia, do hereby constitute and appoint ________________ my true and lawful attorney-in-fact (hereinafter 'Agent') for me and give such person the power(s) specified below to act in my name, place, and stead in any way which I, myself, could do if I were personally present with respect to the following matters:
(Directions: To give the Agent the powers described in paragraphs 1 through 13, place your initials on the blank line at the end of each paragraph. If you DO NOT want to give a power to the Agent, strike through the paragraph or a line within the para graph and place your initials beside the stricken paragraph or stricken line. The pow ers described in any paragraph not initialed or which has been struck through will not be conveyed to the Agent. Both the Principal and the Agent must sign their full names at the end of the last paragraph.) 1. Bank and Credit Union Transactions: To make, receive, sign, endorse, execute, acknowledge, deliver, and possess checks, drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other institutions or associations. _________ 2. Payment Transactions: To pay all sums of money, at any time or times, that may hereafter be owing by me upon any account, bill or exchange, check, draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my name, by my Agent. ________ Note: If you initial paragraph 3 or paragraph 4 which follow, a notarized signature will be required on behalf of the Principal. 3. Real Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any interest in real prop erty whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild, improve, manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with all or any part of any interest in real prop erty whatsoever, including specifically, but without limitation, real property lying and

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JOURNAL OF THE HOUSE,

being situate in the State of Georgia, under such terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred payments accept purchase money notes payable to me and secured by mortgages or deeds to secure debt, and may from time to time collect and cancel any of said notes, mort gages, security interests, or deeds to secure debt. _________ 4. Personal Property Transactions: To lease, sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests in said property which are recognized under the Uni form Commercial Code as adopted at that time under the laws of Georgia or any applicable state, or otherwise hypothecate, and in any way or manner deal with all or any part of any real or personal property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem proper.
5. Stock and Bond Transactions: To purchase, sell, exchange, surrender, assign, redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business, association, corporation, partnership, or other legal entity, whether private or public, now or hereafter belonging to me. _________ 6. Safe Deposits: To have free access at any time or times to any safe deposit box or vault to which I might have access. _________ 7. Borrowing: To borrow from time to time such sums of money as my Agent may deem proper and execute promissory notes, security deeds or agreements, financing statements, or other security instruments in such form as the lender may request and renew said notes and security instruments from time to time in whole or in part.
8. Business Operating Transactions: To conduct, engage in, and otherwise transact the affairs of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in. _________ 9. Insurance Transactions: To exercise or perform any act, power, duty, right, or obli gation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or any combination of insurance; and to procure new or additional contracts of insurance for me and to designate the beneficiary of same; provided, how ever, that my Agent cannot designate himself or herself as beneficiary of any such insurance contracts. _________ 10. Disputes and Proceedings: To commence, prosecute, discontinue, or defend all actions or other legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and demands whatso ever that now are, or hereafter shall be, pending between me and any person, firm, corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper. _________ 11. Hiring Representatives: To hire accountants, attorneys at law, consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in their place, and to pay and allow the persons so employed such sala ries, wages, or other remunerations, as my Agent shall deem proper. _________ 12. Tax, Social Security, and Unemployment: To prepare, to make elections, to exe cute and to file all tax, social security, unemployment insurance, and informational returns required by the laws of the United States, or of any state or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess or illegal taxation or against penalties imposed for

FRIDAY, MARCH 17, 1995

2527

claimed violation of any law or other governmental regulation; and to pay, to compro mise, or to contest or to apply for refunds in connection with any taxes or assessments for which I am or may be liable. _________ 13. Broad Powers: Without, in any way, limiting the foregoing, generally to do, exe cute, and perform any other act, deed, matter, or thing whatsoever, that should be done, executed, or performed, including, but not limited to, powers conferred by Code Section 53-12-232 of the Official Code of Georgia Annotated, or that in the opinion of my Agent, should be done, executed, or performed, for my benefit or the benefit of my property, real or personal, and in my name of every nature and kind whatso ever, as fully and effectually as I could do if personally present.________ 14. Effective Date: This document will become effective upon the date of the Principal's signature unless the Principal indicates that it should become effective at a later date by completing the following, which is optional. The powers conveyed in this document shall not become effective until the following time or upon the occurrence of the following event or contingency:

Note: The Principal may choose to designate one or more persons to determine con clusively that the above-specified event or contingency has occurred. Such person or persons must make a written declaration under penalty of false swearing that such event or contingency has occurred in order to make this document effective. Comple tion of this provision is optional. The following person or persons are designated to determine conclusively that the above-specified event or contingency has occurred:

Signed:_

Principal

Agent It is my desire and intention that this power of attorney shall not be affected by my subsequent disability, incapacity, or mental incompetence. Any and all acts done by the Agent pursuant to the powers conveyed herein during any period of my disability or incapacity shall have the same force and effect as if I were competent and not disabled. I may, at any time, revoke this power of attorney, but it shall be deemed to be in full force and effect as to all persons, institutions, and organizations which shall act in reli ance thereon prior to the receipt of written revocation thereof signed by me and prior to receipt of actual notice of my death. I do hereby ratify and confirm all acts whatsoever which my Agent shall do, or cause to be done, in or about the premises, by virtue of this power of attorney. All parties dealing in good faith with my Agent may fully rely upon the power of and authority of my Agent to act for me on my behalf and in my name, and may accept and rely on agreements and other instruments entered into or executed by the agent pursuant to this power of attorney. This instrument shall not be effective as a grant of powers to my Agent until my Agent has executed the Acceptance of Appointment appearing at the end of this instrument. This instrument shall remain effective until revocation by me or my death, whichever occurs first. Compensation of Agent. (Directions: Initial the line opposite your choice.)
1. My Agent shall receive no compensation for services rendered. ________ 2. My Agent shall receive reasonable compensation for services rendered.
3. My Agent shall receive $_____________ for services rendered.

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IN WITNESS WHEREOF, I have hereunto set my hand and seal on this day of _____________, 19__.

Principal WITNESSES

Signature and Address

Signature and Address Note: A notarized signature is not required unless you have initialed paragraph 3 or 4 regarding property transactions. I, _______________, a Notary Public, do hereby certify that ________________ personally appeared before me this date and acknowledged the due execution of the foregoing Power of Attorney.

State of Georgia County of ____

Notary Public

ACCEPTANCE OF APPOINTMENT I, _____________ (print name), have read the foregoing Power of Attorney and am the person identified therein as Agent for _______________ (name of grantor of power of attorney), the Principal named therein. I hereby acknowledge the following:
I owe a duty of loyalty and good faith to the Principal, and must use the powers granted to me only for the benefit of the Principal. I must keep the Principal's funds and other assets separate and apart from my funds and other assets and titled in the name of the Principal. I must not transfer title to any of the Principal's funds or other assets into my name alone. My name must not be added to the title of any funds or other assets of the Principal, unless I am specifi cally designated as Agent for the Principal in the title. I must protect and conserve, and exercise prudence and caution in my dealings with, the Principal's funds and other assets. I must keep a full and accurate record of my acts, receipts, and disbursements on behalf of the Principal, and be ready to account to the Principal for such acts, receipts, and disbursements at all times. I must provide an annual accounting to the Principal of my acts, receipts, and disbursements, and must furnish an accounting of such acts, receipts, and disbursements to the personal representative of the Principal's estate within 90 days after the date of death of the Principal. I have read the Compensation of Agent paragraph in the Power of Attorney and agree to abide by it. I acknowledge my authority to act on behalf of the Principal ceases at the death of the Principal. I hereby accept the foregoing appointment as Agent for the Principal with full knowl edge of the responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability.
Dated:________________, 19__. (Signature)___________________
(Address)_

FRIDAY, MARCH 17, 1995

2529

Note: A notarized signature is not required unless the Principal initialed paragraph 3 or paragraph 4 regarding property transactions.
I, _______________, a Notary Public, do hereby certify that ____________ personally appeared before me this date and acknowledge the due execution of the fore going Acceptance of Appointment.

Notary Public"
SECTION 2. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by adding to Code Section 29-2-16, relating to power to compromise contested or doubtful claims, new subsections to read as follows:
"(c) In the event the gross settlement amount for a minor child's claim is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the person or entity against whom the minor has a claim a release of said claim without becoming the legally qualified guardian of the property and without such guardian's action being approved by a court of record. (d) If legal action has not been initiated, the judge of the probate court may, in his or her discretion, authorize any natural guardian to compromise and terminate any claim where the gross settlement amount approved by the court is over $5,000.00 but the net settlement amount is less than $10,000.00 without becoming the legally qualified guard ian; provided, however, the natural guardian shall hold and use such money for the ben efit of the child and shall be accountable for same. (e) If legal action has not been initiated and the net settlement is $10,000.00 or greater, the natural guardian must apply to become the legally qualified guardian and the pro posed settlement must be submitted to the probate court for approval. (f) If legal action has been initiated through a natural guardian as next friend, a settle ment is proposed, and the gross settlement amount approved by the court is over $5,000.00 but the net settlement is less than $10,000.00, the judge before whom such action is pending may, in his or her discretion, authorize such natural guardian to com promise and terminate such claim and to receive any sums paid pursuant to a compro mise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same. (g) If legal action has been initiated through a natural guardian as next friend and a settlement has been proposed under subsection (f) of this Code section and the net set tlement amount is $10,000.00 or greater, or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally quali fied guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or termi nating such claim or receiving any sums paid pursuant to a compromise or judgment, (h) If no legal action has been instituted concerning a claim of a minor against any per son or entity, a guardian who is not the natural guardian must obtain the approval of the probate court before compromising such claim. If legal action has been instituted concerning a claim of a minor against any person or entity, a guardian who is not the natural guardian must obtain the approval of the judge before whom the action is pend ing before compromising such claim. Either the probate judge or the judge before whom the action is pending may appoint a guardian ad litem to look into the best interests of the minor before approving a compromise claim. (i) If legal action has been instituted and the guardian and the defendant in such action have agreed upon a settlement, the settlement must be approved by the judge of the court before whom the action is pending. The guardian shall not be permitted to dismiss the action and present the settlement to the probate court for approval without the approval of the trial judge before whom the action is pending. (j) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.

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(k) The term 'net settlement' shall mean the gross settlement less attorneys' fees, expenses of litigation, and medical expenses for the ward which will be paid from the settlement proceeds. For purposes of determining whether a settlement must be submit ted to a court for approval, the 'gross settlement' shall include the present value of amounts received after majority, but for purposes of whether a guardian of the property is necessary, 'gross settlement' and 'net settlement' shall not include amounts to be received after majority. In determining the present value for purposes of this Code sec tion, the present value of any payments to be received in the future by or on behalf of the minor shall be deemed to be the cost paid by or on behalf of the alleged tortfeasor to purchase any annuity or other financial arrangement; and if the alleged tortfeasor or his or her insurer undertakes to make such future payments without purchasing an annuity or other financial arrangement, the present value shall be deemed to be the value in current dollars as calculated in good faith by the alleged tortfeasor or his or her insurer."
SECTION 3. Said title is further amended by striking subsection (d) of Code Section 29-4-2, relating to who are natural guardians of minors, which reads as follows:
"(d) Notwithstanding any provision in this Code section to the contrary, if the claim of a minor child arises from a personal injury sustained by such child, the following provi sions shall apply:
(1) In the event the amount of the settlement for the minor child's personal injuries is $5,000.00 or less, the natural guardian of said minor child may execute and deliver to the tort-feasor a release of said claim without becoming the legally qualified guard ian of the property and without such guardian's action being approved by a court of record; (2) If legal action has not been initiated, the judge of the probate court may, in his discretion, authorize any natural guardian to compromise and terminate any claim where the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00 without becoming the legally qualified guardian; provided, however, the natural guardian shall hold and use such money for the benefit of the child and shall be accountable for same;
(3) If legal action has been initiated against the tort-feasor for recovery of damages through a natural guardian as next friend, a settlement is proposed, and the amount of the settlement approved by the court is at least $5,001.00 but not exceeding $10,000.00, the judge before whom such action is pending may, in his discretion, authorize such natural guardian to compromise and terminate such claim and to receive any sums paid pursuant to a compromise or judgment without becoming the legally qualified guardian by the probate court; provided, however, the natural guard ian shall hold and use such money for the benefit of the child and shall be account able for same. In cases in which the settlement exceeds $10,000.00 or where the trial judge otherwise requires a legally qualified guardian, the natural guardian shall apply to become the legally qualified guardian and shall file with the judge of the probate court an initial bond payable to the probate court in an amount set by the trial judge prior to compromising or terminating such claim or receiving any sums paid pursuant to a compromise or judgment; and
(4) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor child.", in its entirety.

SECTION 4.
Said title is further amended by striking subsection (a) of Code Section 29-4-4, relating to appointment of guardian by the judge of the probate court, in its entirety and inserting in its place the following:
"(a) The judge of the probate court of the county in which a minor having no guardian is domiciled shall have the power to appoint a guardian of the person and property, or either, of the child. Concurrently, the probate court where the minor is found shall have

FRIDAY, MARCH 17, 1995

2531

jurisdiction unless an interested party requests that the case be transferred to the county of the minor's domicile."
SECTION 5. Said title is further amended by striking subsection (a) of Code Section 29-4-4.1, relating to appointment of temporary guardian, in its entirety and inserting in its place the follow ing:
"29-4-4.1.
(a)(l) The judge of the probate court of the county in which the pefsen having aetaal physical custody ef the minor is found resides shall have the power to appoint a tem porary guardian of the person or property, or both, of the minor when the aetaal whereabouts ef ee er both ef th minor's natural guardians a*e unknown er wfee the minor is alleged by the person having actual physical custody of such minor to be in need of a guardian and each living natural guardian signs a notarized relinquishment of guardianship rights, or one or both of the natural guardians fail to sign such a relinquishment of guardianship rights. No temporary guardian shall be appointed unless proper notice as required in this Code section is given or if objection is filed by a natural guardian. (2) Provided the requirements in paragraph (1) of this subsection are met, if If- such minor is above the age of 14 years before a temporary guardian is appointed, the minor shall have the privilege of selecting a temporary guardian himself. If the selec tion is judicious, the judge of the probate court shall appoint the temporary guardian so selected. Having once exercised this privilege, the ward may not do so again except upon cause shown for the removal of the temporary guardian first selected. (3) If one or both of the natural guardians of the minor has indicated a preference as to the person to be selected to serve as temporary guardian of the minor, the judge of the probate court must honor such preference if it is stated in a notarized relin quishment of parental rights. Otherwise, the judge must consider such a preference in selecting a temporary guardian; but for good cause shown in writing, the court may pass over a person having a preference and appoint a person having a lower preference or no preference. A preference may be indicated by nomination in a notarized relin quishment of parental rights, a will, or other writing signed by a parent and attested by at least two witnesses, whichever instrument is later. (b) Notice of the pending application for temporary guardianship shall be given to the minor's natural guardian or guardians if such do not relinquish in writing their guardi anship rights. Such notice shall be by personal service if the natural guardian to be served resides in this state at a known current address or, if the current address is unknown or is outside this state, by first-class mail sent to the natural guardian's last known address, if any, or, if no address is known, by publication as provided i Code Section 0-11-4, relating te process once a week for two weeks in the official county legal organ. If no natural guardian appears and objects to the application for temporary guardianship within 14 days after such notice is mailed or 10 days after such notice is first published, whichever is later, the judge of the probate court shall appoint a tempo rary guardian. (c) Upon subsequent application to the court for guardianship ef th hief by the minor's natural guardian, the judge of the probate court shall remove the temporary guardian appointed under this Code section and dissolve the temporary guardianship. (d) If a temporary guardian appointed pursuant to this Code section assumes in writing the obligation to support the minor while the guardianship is in effect to the extent that no other sources of support are available, then for purposes of obtaining medical insur ance coverage for the ward, such temporary guardianship shall be deemed to be a per manent guardianship."
SECTION 6. Said title is further amended by striking subsection (b) of Code Section 29-4-12, relating to bond of appointed guardians, in its entirety and inserting in its place the following:
"(b) A guardian appointed by the judge of the probate court shall give bond when so required with good and sufficient security, approved by the judge of the probate court

2532

JOURNAL OF THE HOUSE,

and payable to the judge and his or her successors] provided, however, at the discretion of the judge of the probate court, no bond may be required when no cash funds will be received by the guardian during the ward's minority or where the only assets are real estate. If the guardian is for the person only, the court, in its discretion, may dispense with the requirement that the guardian give bond; and, in the event that bond is required, it shall not exceed $1,000.00. If the guardian is for the property or for the per son and property of the ward, the court shall require before the issuance of letters of guardianship that the guardian give bond and security in double the supposed value of the ward's estate, provided that, if the bond is secured by a licensed commercial surety authorized to transact business in this state, the guardian may give bond in an amount equal to the value of the estate."
SECTION 7. Said title is amended by striking in its entirety subsection (a) of Code Section 29-5-1, relating to appointment of guardians for adults, and inserting in lieu thereof a new subsec tion to read as follows:
"(a) A judge of the probate court may appoint guardians for adult persons 18 years of age or older or their estates, or both, as follows:
(1) A judge of the probate court may appoint guardians over the person of adults who are incapacitated by reason of mental illness, mental retardation, mental disability, advanced age? physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that such adults lack sufficient understanding or capacity to make significant responsible decisions concerning their persons or to the extent that they are incapable of communicating them. (2) A judge of the probate court may appoint guardians over the property of adults who are incapacitated by reason of mental illness, mental retardation, mental disabil ity, advanced age; physical illness or disability, chronic use of drugs or alcohol, deten tion by a foreign power, disappearance, or other cause, to the extent that such adults are incapable of managing their estates and that the appointment is necessary either because the property will be wasted or dissipated unless proper management is pro vided or because the property is needed for the support, care, or well-being of such adults or those entitled to be supported by such adults."
SECTION 8. Said title is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 29-5-6, relating to the procedure for the appointment of a guardian, and inserting in lieu thereof a new paragraph to read as follows:
"(3) In all cases, except those sworn to by two or more petitioners under oath and except those involving detention by a foreign power or disappearance, the petition shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43 or of a psychologist licensed to practice under Chapter 39 of Title 43 or, if the proposed ward is a patient in any federal medical facility in which neither such physician nor such psychologist is available, a physician authorized to practice medicine in that federal facility stating that he the physician has examined the proposed ward within ten days prior to the filing of the petition and that based on the examination the proposed ward was determined:
(A) To be incapacitated by reason of mental illness, mental retardation, mental dis ability, advanced age; physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person lacked sufficient understanding or capacity to make significant responsible decisions or the ability to communicate such decisions concerning his or her person; (B) To be incapacitated by reason of mental illness, mental retardation, mental dis ability, advanced age; physical illness or disability, chronic use of drugs or alcohol, or other cause, to the extent that the person is incapable of managing his or her estate; or (C) To be incapacitated as indicated in both subparagraph (A) and subparagraph (B) of this paragraph."

FRIDAY, MARCH 17, 1995

2533

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Representative Kinnamon of the 4th moved that the House adopt the report of the Committee of Conference on SB 105.
On the motion, 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 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
Byrd Y Campbell Y Canty Y Carter Y Chambless Y Channell Y Childers
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 DeLoach, B Y DeLoach, G YDix
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
Manner Y Harbin Y Harris YHart Y Heard
Y Heckstall Hegstrom
Y Hembree Henson
Y Holland 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
Ladd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey
Lord Y Lucas Y Maddox YMann
Martin Y McBee Y McCall
McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Y Mueller O'Neal 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 Randolph Ray 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
Smith, T Y Smith, V

Smith, W YSmyre Y Snelling
Snow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor Teague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs 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
Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 140, nays 0. The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 55

The Committee of Conference on SB 55 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 55 be adopted.

2534

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Eric Johnson Senator, 1st District
/s/ Mary Margaret Oliver Senator, 42nd District
/s/ Stephen Farrow Senator, 54th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Jimmy Skipper Representative, 137th District
/s/ Childers Representative, 13th District
/s/ Don L. Parsons Representative, 40th District

A BILL
To amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, so as to change the provisions regarding definitions; to provide what constitutes such orders; to change the conditions under which such orders may be issued; to authorize such orders to be carried out by certain emergency medical services providers and health care personnel under certain conditions; to provide for identifying bracelets and necklaces and their status as such orders; to change the provisions relating to cancellation and revocation of such orders; to limit the duties and liability of certain health care providers and other health care facilities; 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 39 of Title 31 of the Official Code of Georgia Annotated, regarding orders not to resuscitate, is amended by adding after paragraph (6) of Code Section 31-39-2, relating to definitions, the following paragraph:
"(6.1) 'Emergency medical technician' means a person certified as an emergency medi cal technician, paramedic, or cardiac technician under Chapter 11 of this title."
SECTION 1.1. Said chapter is further amended by striking paragraph (7) of said Code Section 31-39-2, relating to definitions, and inserting in its place the following:
"(7) 'Health care facility' means an institution which is licensed as a hospital or nurs ing home pursuant to Article 1 of Chapter 7 of this title or licensed as a hospice pur suant to Article 9 of Chapter 7 of this titlej or a home health agency licensed pursuant to Article 7 of Chapter 7 of this title."
SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 31-39-4, relat ing to persons authorized to issue an order not to resuscitate, and inserting in its place the following:
"(a) It shall be lawful for the attending physician to issue an order not to resuscitate pursuant to the requirements of this chapter. kteh an Any written order afeetU be issued k writing by the attending physician using the term 'do not resuscitate,' 'DNR,' 'order not to resuscitate,' 'no code,' or substantially similar language in the patient's chart and shall be effective ttpen issuance constitute a legally sufficient order and shall authorize a physician, health care professional, or emergency medical technician to withhold or withdraw cardiopulmonary resuscitation. Such an order shall remain effective, whether or not the patient is receiving treatment from or is a resident of a health care facility, until the order is canceled as provided in Code Section 31-39-5 or until consent for such order is revoked as provided in Code Section 31-39-6, whichever occurs earlier. An attending physician who has issued such an order and who transfers care of the patient to another physician shall inform the receiving physician and the health care facility, if applicable, of the order."

FRIDAY, MARCH 17, 1995

2535

SECTION 2.1. Said chapter is further amended by striking paragraph (3) of subsection (e) of said Code Section 31-39-4 and inserting in its place the following:
"(3) The patient is receiving inpatient or outpatient treatment from or is a resident of a health care facility other than a hospice or a home health agency."
SECTION 2.2. Said chapter is further amended by striking subsection (b) and (c) of Code Section 31-39-5, relating to cancellation of orders, and inserting in their place the following:
"(b) If the order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician or the physician's designee shall immediately include such determination in the patient's chart, cancel the order, and notify the patient, the person who consented to the order, and all hospital health care facility staff responsible for the patient's care of the cancellation. (c) If an order not to resuscitate was entered pursuant to subsection (c), (d), or (e) of Code Section 31-39-4 and the patient at any time regains decision-making capacity, the attending physician who issued the order or, if that attending physician is unavailable, another attending physician, shall immediately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician's designee shall cancel the order by an appropriate entry on the record and notify all hospital health care facility staff responsible for the patient's care of the cancellation."
SECTION 3. Said chapter is further amended by adding after Code Section 31-39-6 a new Code section to read as follows:
"31-39-6.1.
(a) In addition to those orders not to resuscitate authorized elsewhere in this chapter, any physician, health care professional, or emergency medical technician shall be autho rized to effectuate an order not to resuscitate for a person who is not a patient in a hos pital, nursing home, or licensed hospice and the order is evidenced in writing containing the patient's name, date of the form, printed name of the attending physician, and signed by the attending physician on a form substantially similar to the following:
'DO NOT RESUSCITATE ORDER NAME OF PATIENT:______________________________________ THIS CERTIFIES THAT AN ORDER NOT TO RESUSCITATE HAS BEEN ENTERED ON THE ABOVE-NAMED PATIENT.
SIGNED:___________________________________________ ATTENDING PHYSICIAN
PRINTED OR TYPED NAME OF ATTENDING PHYSICIAN:____________ ATTENDING PHYSICIAN'S TELEPHONE NUMBER:________________
DATE:____________________________________________' (b) A person who is not a patient in a hospital, nursing home, or licensed hospice and who has an order not to resuscitate pursuant to this Code section shall wear an identify ing bracelet on either the wrist or the ankle or an identifying necklace. The bracelet shall be substantially similar to identification bracelets worn in hospitals. The bracelet or necklace shall be on an orange background and shall provide the following informa tion in boldface type:
'DO NOT RESUSCITATE ORDER Patient's name:________________________________________ Authorized person's name and telephone number, if
applicable:___________________________ _________________

2536

JOURNAL OF THE HOUSE,

Patient's physician's printed name and telephone

number:

___________________

Date of order not to resuscitate:

Any physician, health care professional, or emergency medical technician shall be autho

rized to regard such a bracelet or necklace as a legally sufficient order not to resuscitate

in the same manner as an order issued pursuant to this chapter unless such person has

actual knowledge that such order has been canceled or consent thereto revoked as pro

vided in this chapter.

(c) Any order not to resuscitate evidenced pursuant to subsection (a) or (b) or this Code

section may be revoked as provided in Code Section 31-39-6 and may be canceled as

provided in Code Section 31-39-5."

SECTION 4. Said chapter is further amended by striking Code Section 31-39-6, relating to revocation of consent to order not to resuscitate, and inserting in its place the following:

"31-39-6.
(a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration or by any other act evidencing a spe cific intent to revoke such consent which is communicated to or in the presence of an attending physician or a member of the nursing staff at the health care facility^ a health care professional, or an emergency medical technician. (b) Any parent or authorized person may at any time revoke his or her consent to an order not to resuscitate a patient by making either a written or an oral declaration or by any other act evidencing a specific intent to revoke such consent which is communi cated to or in the presence of an attending physician or a member of the nursing staff at the health care facilityj a health care professional, or an emergency medical
technician. (c) Any physician who is informed of or provided with a revocation of consent pursuant to this Code section shall, either by himself or herself or by designee, immediately include the revocation in the patient's chart, cancel the order, and notify any health care facility staff responsible for the patient's care of the revocation and cancellation. Any member of the nursing staffz a health care professional, or emergency medical technician who is informed of or provided with a revocation of consent pursuant to this Code sec tion shall immediately notify a physician of such revocation."

SECTION 5. Said chapter is further amended by striking Code Section 31-39-7, relating to liability of persons carrying out in good faith decisions regarding cardiopulmonary resuscitation, and
inserting in its place the following:

"31-39-7.
(a) No physician, health care professional, health care facility, emergency medical tech nician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for carrying out in good faith a decision regarding cardiopulmonary resuscitation authorized by this chapter by or on behalf of a patient or for those actions taken in compliance with the standards and procedures set forth in
this chapter. (b) No physician, health care professional, health care facility, emergency medical tech nician, or person employed by, acting as the agent of, or under contract with any of the foregoing shall be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct for providing cardiopulmonary resuscitation to a patient for whom an order not to resuscitate has been issued, provided that such physi
cian or person: (1) Reasonably and in good faith was unaware of the issuance of an order not to
resuscitate; or (2) Reasonably and in good faith believed that consent to the order not to resuscitate
had been revoked or canceled.

FRIDAY, MARCH 17, 1995

2537

(c) No persons shall be civilly liable for failing or refusing in good faith to effectuate an order not to resuscitate. No person shall be subject to criminal prosecution or civil liability for consenting or declining to consent in good faith, on behalf of a patient, to the issuance of an order not to resuscitate pursuant to this chapter. (d) Any attending physician who fails or refuses to comply with an order not to resusci tate entered pursuant to this chapter shall endeavor to advise promptly the patient, if conscious, or the next of kin or authorized person of the patient that such physician is unwilling to effectuate the order. The attending physician shall thereafter at the election of the next of kin or authorized person:
(1) Make a good faith attempt to effect the transfer of the patient to another physi cian who will effectuate the order not to resuscitate; or (2) Permit the next of kin or authorized person to obtain another physician who will effectuate the order not to resuscitate. (e) Any emergency medical technician who fails or refuses to comply with an order not to resuscitate entered pursuant to this chapter shall endeavor to advise promptly the patient, if conscious, or the next of kin or authorized person of the patient, if reasonably available, that such emergency medical technician is unwilling to effectuate the order."
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.
Representative Skipper of the 137th moved that the House adopt the report of the Committee of Conference on SB 55.
On the motion, 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
Benefield Birdsong
Y Bordeaux Y Bostick Y Breedlove Y Brooks, D
Brooks, T Brown, G Y Brown, J Y Brush YBuck Y Buckner Y Bunn Y Burkhalter YBytd 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
Cummings N Davis, G
Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
YEpps Evans
Y Falls Felton
Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Hanner Y Harbin Y Harris
Hart Y Heard
Heckstall Y Hegstrum Y Hembree
Henson Y Holland Y Holmes Y Howard
Hudson

Y Hugley Ylrvin Y James Y Jamieaon 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
Lifsey YLord Y Lucas
Maddox YMann
Martin Y McBee
McCall McCHnton McKinney Y Mills Mobley, B Y Mobley, J Mosley Mueller Y O'Neal Y Orrock

On the motion, the ayes were 140, nays 2.

Y Parham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster
Polak Y Porter YPoston
Powell Y Purcell, A Y Purcell, B Y Randall Y Randolph YRay
Reaves Y Reichert
Roberts Rogers Y Royal Y Sanders Y Sauder 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 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 Stephenson Y Streat Y Taylor Teague Y Toper 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 Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

2538

JOURNAL OF THE HOUSE,

The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 435

The Committee of Conference on HB 435 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 435 be adopted.

Respectfully submitted,

FOR THE SENATE:
/s/ Mark Taylor Senator, 12th District
/s/ Nathan Dean Senator, 31st District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/a/ Denny M. Dobbs Representative, 92nd District
/s/ Gerald Greene Representative, 158th District
/s/ Tommy Chambless Representative, 163rd District

A BILL
To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to pro bation, so as to establish the Community Service Pilot Project; to provide that community service shall be a under such pilot project; to provide that community service may be con sidered as a condition of probation in other cases; to provide for purposes, conditions, and limitations; to provide for termination of such pilot projects; to prohibit all community service by certain sex offenders and other dangerous offenders; to provide for conditions applicable to funding; to provide for guidelines to be developed by the Judicial Council with the approval of the Supreme Court; to change the provisions relative to the contract ing 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 four members and provide for the powers and duties of the County and Municipal Proba tion Advisory Council; to establish uniform professional standards for private probation officers; to establish uniform contract standards for private probation contracts; to autho rize the council to review these standards and issue a report on its findings to the General Assembly; to provide for applicability with respect to intergovernmental contracts; to pro hibit certain activities by private probation officers; to declare certain records of contract ing corporations and enterprises to be confidential; to provide for the effective date of initial standards, rules, and regulations of such council; to provide for effective dates, applicability, and contingencies; to repeal conflicting laws; and for other purposes.

FRIDAY, MARCH 17, 1995

2539

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking Code Section 42-8-72, relating to community service, and inserting in its place a new Code Section 42-8-72 to read as follows:
"42-8-72.
(a) In all cases other than cases provided for under subsection (g^ of this Code section, community Community service may be considered as a condition of probation with pri mary consideration given to the following categories of offenders:
(1) Traffic violations; (2) Ordinance violations; (3) Noninjurious or nondestructive, nonviolent misdemeanors; (4) Noninjurious or nondestructive, nonviolent felonies; and (5) Other offenders considered upon the discretion of the judge. (b) The judge may confer with the prosecutor, defense attorney, probation supervisor, community service officer, or other interested persons to determine if the community service program is appropriate for an offender. If community service is ordered as a con dition of probation, the court shall order: (1) Not less than 20 hours nor more than 250 hours in cases involving traffic or ordi nance violations or misdemeanors, said service to be completed within one year; or (2) Not less than 20 hours nor more than 500 hours in felony cases, said service to be completed within three years. (c)(l) Any agency may recommend to the court that certain disabled persons are in need of a live-in attendant. The judge shall confer with the prosecutor, defense attor ney, probation supervisor, community service officer, or other interested persons to determine if a community service program involving a disabled person is appropriate for an offender. If community service as a live-in attendant for a disabled person is deemed appropriate and if both the offender and the disabled person consent to such service, the court may order such live-in community service as a condition of proba tion but for no longer than two years. (2) The agency shall be responsible for coordinating the provisions of the cost of food or other necessities for the offender which the disabled person is not able to provide. The agency, with the approval of the court, shall determine a schedule which will pro vide the offender with certain free hours each week. (3) Such live-in arrangement shall be terminated by the court upon the request of the offender or the disabled person. Upon termination of such an arrangement, the court shall determine if the offender has met the conditions of probation. (4) The appropriate agency shall make personal contact with the disabled person on a frequent basis to ensure the safety and welfare of the disabled person. (d) The judge may order an offender to perform community service hours in a 40 hour per week work detail in lieu of incarceration. (e) Community service hours may be added to original court ordered hours as a disci plinary action by the court or as an additional requirement of any program in lieu of incarceration. (f) No community service which would expose the general public to the person on pro bation shall be permitted for sex offenders or offenders considered to be dangerous by the judge or prosecutor. (g)(l) In pilot project judicial circuits under this subsection, community service shall be a condition of probation in all cases involving felony or misdemeanor sentences from a state court or a superior court where incarceration is not part of the sentence. (2) There is established the Community Service Pilot Project. No later than July 1^ 19%. the Department of Corrections shall design a Community Service Pilot Project program which meets the requirements of this subsection and by that date shall sub mit a request to the Judicial Council of Georgia requesting designation of no more than five judicial circuits in this state as pilot project sites. The department shall

2540

JOURNAL OF THE HOUSE,

implement the program in those pilot project judicial circuits no later than the first date upon which those provisions of this subsection have become effective. (3) The Community Service Pilot Project is established for the following purposes:
(A) To provide an additional sanction for all other alternative programs: (B) To provide symbolic restitution to victims and increase offenders' positive involvement in the community;
(C) To promote the work ethic by requiring offenders to report to work regularly; and
(D) To assist nonprofit and government agencies with skilled and unskilled projects. (4) The following offenders shall be exempt from the Community Service Pilot Project:
(A) A mentally or physically disabled or incapacitated adult; (B) A caretaker of a mentally or physically disabled or incapacitated dependent person living in the household; or
(C) An adult who is 60 years of age or over. (5) (A) No provision of this subsection shall require or prohibit any expenditure of local funds for the purposes of this subsection. (B) In no event shall the receipt of any state funds which are appropriated for the
purposes of this subsection be conditioned upon the expenditure of any local funds for the purposes of this subsection.
(6) All Community Service Pilot Projects established under this subsection shall ter minate on or before June 30, 1999."

SECTION 2.
Said chapter is further amended by striking in its entirety Article 6, relating to agreements for probation services, and inserting in lieu thereof a new Article 6 to read as follows:

"ARTICLE 6
42-8-100.
(a)(l) The chief judge of any court within the county, with the approval of the gov erning authority of that county, is authorized to enter into memoranda ef agreement er ethef written documents evidencing contracts with corporations, enterprises, or agencies; or te establish county probation system, to provide general probation supervision^ counseling, and collection services for all moneys to be paid by a defend ant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, counseling, and other probation services for persons convicted of a mis demeanor in that court and placed on probation in the county. In no case shall a pri vate probation corporation or enterprise be charged with the responsibility for supervising a felony sentence.
(2) The chief judge of any court within the county, with the approval of the governing authority of that county, is authorized to establish a county probation system to pro vide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed on the defendant as well as any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted of a misdemeanor in that court and placed on probation in the county. (b)(l) The judge of the municipal court of any municipality or consolidated govern ment of a municipality and county of this state, with the approval of the governing authority of that municipality or consolidated government, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.

FRIDAY, MARCH 17, 1995

2541

(2) The judge of the municipal court of any municipality or consolidated government of a municipality and county of this state, with the approval of the governing author ity of that municipality or consolidated government, is authorized to establish a pro bation system to provide general probation supervision, counseling, collection services for all moneys to be paid by a defendant according to the terms of the sentence imposed and any moneys which by operation of law are to be paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation.
42-8-101. (a) There is created the County and Municipal Probation Advisory Council, to be com posed of one superior court judge designated by The Council of Superior Court Judges of Georgia, one state court judge designated by The Council of State Court Judges of Georgia, one municipal court judge appointed by the Governor, one sheriff designated appointed by the Georgia Sheriffs' Association Governor, one probate court judge desig nated by The Council of Probate Court Judges of Georgia, one chief- magistrate desig nated by the Council of Magistrate Court Judges, the commissioner of corrections or his or her designee, one public probation officer appointed by the Governor, one private probation officer appointed by the Governor, one mayor or member of a municipal gov erning authority appointed by the Governor, and one county commissioner designated appointed by the Association County Commissioncra ef- Georgia Governor. Members of the council appointed by the Governor shall be appointed for terms of office of four years. With the exceptions of the public probation officer, the county commissioner, the sheriff, the mayor or member of a municipal governing authority, and the commissioner of corrections, each designee or representative shall be employed in their representative capacity in a judicial circuit operating under a contract with a private corporation, enterprise, or agency as provided under Code Section 42-8-100. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. In the event of death, resignation, disqualification. or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and any successor shall serve for the unexpired term. Such council shall promulgate rules and regulations regarding contracts or agreements for probation services and the conduct of business by private entities provid ing probation services as authorized by this article. (b) The business of the council shall be conducted in the following manner:
(1) The council shall annually elect a chairperson and a vice chairperson from among its membership. The offices of chairperson and vice chairperson shall be filled in such a manner that they are not held in succeeding years by representatives of the same component (law enforcement, courts, corrections) of the criminal justice system; (2) The council shall meet at such times and places as it shall determine necessary or convenient to perform its duties. The council shall also meet on the call of the chairperson or at the written request of three of its members; (3) The council shall maintain minutes of its meetings and such other records as it deems necessary; and (4) The council shall adopt such rules for the transaction of its business as it shall desire and may appoint such committees as it considers necessary to carry out its business and duties. (c) Members of the council shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal motor vehicle in connection with such attendance as members of the General Assembly receive. Payment of such expense and travel allowance shall be subject to availability of funds and shall be in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. (d) The council is assigned to the Administrative Office of the Courts for administrative purposes only. The funds necessary to carry out the provisions of this article shall come

2542

JOURNAL OF THE HOUSE,

from funds appropriated to or otherwise available to the council. The council is autho rized to accept and use grants of funds for the purpose of carrying out the provisions of this article. (e) The council shall have the following powers and duties:
(1) To promulgate rules and regulations for the administration of the council, includ ing rules of procedure for its internal management and control; (2) To review the uniform professional standards for private probation officers and uniform contract standards for private probation contracts established in Code Section 42-8-102 and submit a report with its recommendations to the General Assembly: (3) To promulgate rules and regulations establishing a 40 hour orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers; (4) To promulgate rules and regulations relative to the enforcement of the provisions of this article, which enforcement mechanisms may include, but are not limited to, the imposition of sanctions and fines and the voiding of contracts; (6) To promulgate rules and regulations establishing registration for any private cor poration, enterprise, or agency providing probation services under the provisions of this article, subject to the provisions of subsection (a) of Code Section 42-8-107; and (6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts. (f) The initial standards, rules, and regulations of the County and Municipal Probation Advisory Council promulgated under this article shall become effective on January 1^ 1996.
42-8-102. (a) The jttdge ef- the municipal eewt of ay municipality of unified government of a municipfliity cuid county o tins stfltCj witii ttic flpprovoi ot trie ovcmin QUtnoFiiy 'Ot that municipality ef unified government, is authorized te enter arte aa agreement with private corporation, enterprise, er agency te provide general probation supervision, fine collection services, counseling, and ether probation services for persons convicted sweh eettrt and placed en probation. \Q)--M AC judc Or tilc inun icipfli cotn*t Or twiy wiunicipsiity of unified ovcrnmcnt of ft municipAiity find county OT tnis sttC6} witn tnc &pp1*0vfli of tnc ovci*nin^ QUtnoFIty o that municipality er unified government, is authorized te eatablish ft probation system to provide cn&Fti proDQtion supcFvision, fine coliection SGFViccS) counseling find otneF probation services for persona convicted in such eeart and placed en probation. (a) The uniform professional standards contained in this subsection shall be met by any person employed as and using the title of a private probation officer. Any such person shall be at least 21 years of age at the time of appointment to the position of private probation officer and must have completed a standard two-year college course. Every private probation officer shall receive an initial 40 hours of orientation upon employ ment and shall receive 20 hours of continuing education per annum as approved by the County and Municipal Probation Advisory Council. (b) The uniform contract standards contained in this Code section shall apply to all pri vate probation contracts executed under the authority of Code Section 42-8-100. The terms of any such contract shall state, at a minimum:
(1) The extent of the services to be rendered by the private corporation or enterprise providing probation supervision; (2) Any requirements for staff qualifications, to include those contained in this Code section as well as any surpassing those contained in this Code section: (3) Requirements for criminal record checks of staff in accordance with the rules and regulations established by the County and Municipal Probation Advisory Council;
(4) Policies and procedures for the training of staff; (5) Bonding of staff and liability insurance coverage; (6) Staffing levels and standards for offender supervision, including frequency and type of contacts with offenders;

FRIDAY, MARCH 17, 1995

2543

(7) Procedures for handling the collection of all court ordered fines, fees, and restitu tion; (8) Procedures for handling indigent offenders to ensure placement of such indigent offenders irrespective of the ability to pay; (9) Circumstances under which revocation of an offender's probation may be recom mended; (10) Reporting and record-keeping requirements; and (11) Default and contract termination procedures. (c) The County and Municipal Probation Advisory Council shall review the uniform professional standards and uniform contract standards contained in subsections (a) and (b) of this Code section and shall submit a report on its findings to the General Assem bly. The council shall submit its initial report on or before July l^ 1997, and shall con tinue such reviews every two years thereafter. Nothing contained in such report shall be considered to authorize or require a change in the standards without action by the Gen eral Assembly having the force and effect of law. This report shall provide information which will allow the General Assembly to review the effectiveness of the minimum pro fessional standards and, if necessary, to revise these standards. This subsection shall not be interpreted to prevent the council from making recommendations to the General Assembly prior to its required review and report.
42-8-103. (a) Any private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article shall provide to the judge with whom the con tract was made and the County and Municipal Probation Advisory Council a quarterly report summarizing the number of offenders supervised by the private corporation, enterprise, or agency; the amount of fines, statutory surcharges, and restitution col lected; and the number of offenders for whom supervision or rehabilitation has been ter minated and the reason for the termination. (b) All records of any private corporation, enterprise, or agency contracting to provide services under the provisions of this article shall be open to inspection upon the request of the affected county, municipality, consolidated government, or court or the Depart ment of Audits and Accounts.
42-8-104. (a) No private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article nor any employees of such entities shall engage in any other employment, business, or activity which interferes or conflicts with the duties and responsibilities under contracts authorized in this article. (b) No private corporation, enterprise, or agency contracting to provide probation ser vices under the provisions of this article nor its employees shall have personal or busi ness dealings, including the lending of money, with probationers under their supervision.
42-8-105. The provisions of this article shall not affect the ability of local governments to enter into intergovernmental agreements for probation services.
42-8-106. (a) All reports, files, records, and papers of whatever kind relative to the supervision of probationers by a private corporation, enterprise, or agency contracting under the provi sions of this article are declared to be confidential and shall be available only to the affected county, municipality, or consolidated government, the judge handling a particu lar case, or the Department of Audits and Accounts. (b) In the event of a transfer of the supervision of a probationer from a private corpora tion, enterprise, or agency to the Department of Corrections, the Department of Correc tions shall have access to any relevant reports, files, records, and papers of the transferring private entity. All reports, files, records, and papers of whatever kind rela tive to the supervision of probationers by private corporations, enterprises, or agencies under contracts authorized by this article shall not be subject to process of subpoena.

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JOURNAL OF THE HOUSE,

42-8-107. (a) All private corporations, enterprises, and agencies contracting or offering to contract for probation services shall register with the County and Municipal Probation Advisory Council. The information included in such registration shall be limited to the name of the corporation, enterprise, or agency, its principal business address and telephone num ber, and the name of its agent for communication with the County and Municipal Pro bation Advisory Council. No registration fee shall be required. (b) Any corporation, enterprise, or agency required to register under the provisions of subsection (a) of this Code section who fails or refuses to do so shall be subject to revo cation of any existing contracts, in addition to any other fines or sanctions imposed by the County and Municipal Probation Advisory Council."
SECTION 3. The provisions of Section 1 of this Act may be applied on and after July 1, 1996, to offenses committed on or after that date, contingent upon funding as provided in subsec tion (a) of Section 4 of this Act. The determination of the five judicial circuits which shall serve as pilot project sites under Section 1 of this Act beginning July 1, 1996, shall be in accordance with guidelines to be developed by the Judicial Council of Georgia after consul tation with the Office of Planning and Budget and with the approval of the Supreme Court of Georgia. Such guidelines shall:
(1) Identify the judicial circuits which shall serve as pilot project sites; (2) Reflect the levels of fiscal resources available for implementation of this Act; (3) Provide for equal protection of the law to offenders and classes of offenders to whom this Act is to be applied; and (4) Provide measures of evaluation of the five pilot projects."
SECTION 4. (a) The provisions of Section 1 of this Act shall become effective only when funds are spe cifically appropriated for purposes of Section 1 of this Act in an Appropriations Act mak ing specific reference to Section 1 of this Act. (b) No local funds shall be used to implement Sections 1 and 2 of this Act without the consent of the local governing authority.
SECTION 5. Except as otherwise provided in Sections 3 and 4, 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.

Representative Dobbs of the 92nd moved that the House adopt the report of the Com mittee of Conference on HB 435.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Bailey Baker
Y Bannister Y Barfoot N 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
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
Davis, G Davis, M Day DeLoach, B N 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 Manner Y Harbin Y Harris
YHart Y Heard
Heckstall Y Hegstrom
Hembree Henson Y Holland Holmes Y Howard Y Hudson

Y Hugley Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd YLakly YLane
Lawrence YLee

FRIDAY, MARCH 17, 1995

2545

Y Lewis Y Lifsey YLord
Lucas Y Maddox YMann
Martin YMcBee
McCall 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 YPoston
Powell Y Purcell, A Y Purcell, B
Randall
Y Randolph Ray 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

On the motion, the ayes were 141, nays 2. The motion prevailed.

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 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
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spin-

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

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.

The following Senate substitute was read:

A BILL
To amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the membership of the State Transportation Board, so as to provide for per diem and trans portation costs for expenses incurred when acting as a representative of the State Trans portation Board; to amend Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowance and travel cost reimbursements for members 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 Sec tion 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; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
SECTION 1. Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the member ship of the State Transportation Board, is amended by striking subsection (f) in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
"(f) The members of the board shall receive no salary but shall receive for each day of actual attendance at meetings of the board and the committee meetings the per diem and transportation costs prescribed in Code Section 45-7-21. A like sum shall be paid for each day actually spent in studying the wad needs ef the various counties within tneip FGspcctivc districts except ttiflt fto niensocr Sfifui receive compensfttion lor roftu study when the number of study days exceeds transportation needs of the state or attending other functions as a representative of the board, not to exceed 60 days in the

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JOURNAL OF THE HOUSE,

member's district in any ee calendar year. In addition, they shall receive actual trans portation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile in connection with such attendance and road study. Such per diem and expense shall be paid from funds appropriated to the department upon pre sentation, by members of the board, of vouchers approved by the chairman chairperson and signed by the secretary."
SECTION 2. Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allow ance and travel cost reimbursement for members of certain boards and commissions, is amended by striking said Code section in its entirety and inserting in lieu thereof the fol lowing:
"45-7-21.
Each member of the boards and commissions enumerated in this Code section shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of a board or commission is in attendance at a meeting of such board or commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal auto mobile in connection with such attendance. The expense allowance and reimbursement provided for in this Code section shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. The existing law relative to any limitation on the number of meeting days and remuneration for ser vice on committees or subcommittees of any such board or commission shall remain in effect. The boards and commissions to which this Code section shall be applicable are as follows:
(1) State Board of Education; (2) State Medical Education Board; (3) Board of Regents of the University System of Georgia; (4) Board of Corrections; (5) Board of Industry, Trade, and Tourism; (6) Board of Natural Resources; (7) State Transportation Board; (8) Dental Education Board; (9) Georgia Student Finance Commission; (10) Veterans Service Board; (11) Georgia Agricultural Exposition Authority; (12) Joint Board of Family Practice; (13) Georgia Music Hall of Fame Authority; and (14) Georgia Sports Hall of Fame Authority^ and (15) Georgia Rail Passenger Authority."
SECTION 3. Code Section 46-9-274 of the Official Code of Georgia Annotated, relating to membership of the Georgia Rail Passenger Authority, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Each member of the authority shall receive an expense allowance and reimburse ment for travel costs as provided in Code Section 45-7-21. A like sum shall be paid to a member of the authority who attends an approved meeting, event, or other function other than an authority meeting as an official representative of the authority."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.
Representative Benefield of the 96th moved that the House agree to the Senate sub stitute to HB 641.

FRIDAY, MARCH 17, 1995

2547

On the motion, 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
Birdsong
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 Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox
Crawford

Y Crews Y Culbreth Y Cummings
Davis, G Y Davis, M NDay 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 Irvin
Y James Y Jamieson Y Jenkins Y Johnson, G
Y Johnson, J Y Johnston
Jones
Y Joyce Kaye
Y Kinnamon Y Klein YLadd
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
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 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 Sinkfield Y Skipper Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y 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 Y Streat Y Taylor YTeague Y Teper Y Thomas Y Tillman
Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L
Wall Watson
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 motion, the ayes were 150, nays 2. The motion prevailed.

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 Senate substitute was read:

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 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:

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JOURNAL OF THE HOUSE,

"(e)(l) 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 25 or more motor vehicles owned by a single person, firm, or corporation doing business in this state; (B) Such tankwagon or tandem thereof is equipped with meters or totalizers which can account accurately for such delivery; (C) All flammable and combustible liquids in connection with such delivery are stored, transported, and dispensed in accordance with acceptable fire safety codes and standards adopted or promulgated by the safety fire commissioner; (D) Such tankwagon or tandem thereof is equipped with appropriate safety mecha nisms approved by the safety fire commissioner to control spillage, allow for emer gency shut-off, control source of ignition, and allow acceptable pull away shear value; (E) Such delivery shall only be conducted in an area or areas and shall only utilize delivery nozzles approved by the safety fire commissioner; and (F) Such delivery shall only be conducted in compliance with all applicable state and federal laws and regulations, including, but specifically not limited to, the fol lowing:
(i) Chapter 391-3-1, relating to air quality control, of the Rules of the Depart ment of Natural Resources; (ii) Chapter 5 of Title 12, relating to water resources; (iii) Article 2 of Chapter 8 of Title 12, relating to solid waste management; (iv) Article 3 of Chapter 8 of Title 12, relating to hazardous waste; (v) Article 1 of Chapter 9 of Title 12, relating to air quality; and (vi) Chapter 14 of Title 12, relating to oil or hazardous material spills or releases."
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 Murphy of the 18th and Royal of the 164th move to amend the Senate substitute to HB 39 by striking on line 24 of page 1 the figure "25" and inserting in lieu thereof the word "five".

Representative Royal of the 164th moved that the House agree to the Senate substi tute, as amended by the House, to HB 39.
On the motion, the roll call was ordered and the vote was as follows:

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

Y Bostick Y Breedlove N Brooks, D Y Brooks, T
Brown, G N Brown, J Y Brush YBuck N Buckner
NBunn N Burkhalter YByrd

N Campbell N Canty Y Carter Y Chambless
Channel! Y Childers Y Coker Y Coleman, B
Coleman, T Y Connell
Coi N Crawford

N Crews Y Culbreth . Cummings Y Davis, G N Davis, M NDay N DeLoach, B N DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs

N Ehrhart YKpps N Evans N Falls
Felton Y Floyd YGodbee Y Golden N Goodwin N Greene N Grindley
Hanner

FRIDAY, MARCH 17, 1995

2549

N Harbin N Harris
Hart 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 Y Johnson, G
Johnson, J N Johnston Y Jones Y Joyce NKaye
Kinnamon

N Klein Ladd
N Lakly YLane
Lawrence YLee N Lewis Y Lifsey YLord Y Lucas
Maddox
N Mann Martin McBee
Y McCall Y McClinton
McKinney N Mills
Mobley, B N Mobley, J Y Mosley N Mueller Y O'Neal
Y Orrock

Y Parham Y Parrish Y Parsons Y Pelote
Perry N Pinholster N Polak Y Porter Y Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay Y Reaves N Reichert
Roberts N Rogers Y Royal N Sanders Y Sauder
jgms Y Shanahan

On the motion, the ayes were 98, nays 51. The motion prevailed.

YShaw 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
Stanley, L N Stanley, P Y Stephenson Y Streat Y Taylor

N Teague Teper
Y Thomas Y Tillman Y Titus Y Towery
Trense Y Turnquest YTwiggs Y Walker, L N Walker, R.L Y Wall Y Watson Y Watts N Westmorland
Whitaker White N Wiles
N Williams, B N Williams, J Y Williams, R N Woods N Yates
Murphy, Spkr

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

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 137. By Senators Perdue of the 18th, Tysinger of the 41st, Oliver of the 42nd, Edge of the 28th and Broun of the 46th:
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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 137

The Committee of Conference on SB 137 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 137 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Mary Margaret Oliver Senator, 42nd District

M Alan T. Powell Representative, 23rd District

/s/ Sonny Perdue Senator, 18th District

/s/ Jimmy Skipper Representative, 137th District

/s/ James W. Tysinger Senator, 41st District

/s/ Roy H. Watson, Jr. Representative, 139th District

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A BILL
To amend Chapter 5 Title 46 of the Official Code of Georgia Annotated, relating to tele phone and telegraph service and regulation of such service, so as to provide that certain local exchanges shall be included in the current 404 area code; to provide an exception; to provide for an alternative system of regulation of telecommunications service; to provide for a short title; to provide for legislative findings and intent; to define certain 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 and intrastate telecommunications industry; to provide for technological investment in such industry and economic development for the State of Georgia; to provide for matters to be regulated under such regulatory system; to provide for the jurisdiction, powers, and duties of the Public Service Commission with respect to implementing such regulatory sys tem; to authorize the Public Service Commission to petition, intervene, or commence pro ceedings before federal agencies or courts in furtherance of enhancing the competitive market for telecommunications services in Georgia; to provide for the applicability of the rules and regulations of the Public Service Commission; to authorize competition between local exchange companies under certain conditions; to authorize the reselling of local exchange services under certain conditions; to provide for interconnection between certifi cated providers; to provide procedures for interconnection; to authorize certain local exchange companies to make an election relative to alternative regulation; to provide for rates for switched access; to create a Universal Access Fund and to provide for contribu tions to and disbursements from said fund; to require local exchange companies to file cer tain information with the Public Service Commission; to provide limitations on local exchange companies which elect an alternative system of regulation; to provide for portability of telephone numbers; to provide restrictions on local measured telecommunica tions services; to provide that certain local exchange companies shall have an investment commitment; to provide for certain privacy with respect to telecommunications services; to provide that no provider of telephone caller identification service shall be held liable for violations of this Act committed by other persons or corporations; to require the Public Service Commission to report annually to the General Assembly concerning the transition to alternative regulation; to provide for applicability; to provide for other matters relative thereto; to require the Public Service Commission to conduct hearings relating to the costs, feasibility, and methodology of providing for toll free calling between two telephones where the central offices serving such telephones are within an extended area of service of not less than 22 miles of each other; to provide for a report of the commission's find ings; to provide for the Public Service Commission to conclude its consideration in Docket 4231-U of the expansion of local calling areas; to provide for severability; to provide effec tive dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding at the end of Article 1, relating to general provi sions, a new Code Section 46-5-5 to read as follows:
"46-5-5.
Local exchanges 495 and 567 shall be included in the current 404 area code on or before July 1, 1996, and removed from the 706 area code; provided, however, that if a geo graphic area of the 404 area code is designated as a different area code and such geo graphic area is contiguous to a part of the geographic area where local exchange 495 or 567 is operational, then nothing in this Code section shall prohibit local exchange 495 or 567 from being included in the newly designated area code."
SECTION 2. Said chapter is further amended by adding following Article 3 a new Article 4 to read as follows:

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"ARTICLE 4
46-5-160. This article shall be known and may be cited as 'The Telecommunications and Competi tion Development Act of 1995.'
46-5-161. (a) The General Assembly finds:
(1) It is in the public interest to establish a new regulatory model for telecommunica tions services in Georgia to reflect the transition to a reliance on market based compe tition as the best mechanism for the selection and provision of needed telecommunications services at the most efficient pricing; (2) Investment in the telecommunications infrastructure required to further economic growth in Georgia and to meet the growing demands of Georgia's consumers will be encouraged through competition; and (3) In order to ensure the implementation of this new reliance on market based com petition, any legislative obstacles to competition for local exchange services must be removed. (b) It is the intent of this article to: (1) Permit local exchange companies to elect alternative forms of regulation; (2) Protect the consumer during the transition to a competitive telecommunications market; (3) Assure reasonable cost for universal access to basic telecommunications services throughout Georgia; (4) Encourage investment in Georgia's telecommunications infrastructure and encour age the introduction of innovative products and services for Georgia's consumers; (5) Authorize competition for local exchange services; and (6) Allow pricing flexibility for all telecommunications services other than basic local exchange services.
46-5-162. As used in this article, the term:
(1) 'Alternative regulation' means a form of regulation pursuant to which the rates, terms, and conditions for telecommunications services provided by a local exchange company are set pursuant to the rules specified in this article. (2) 'Basic local exchange services' or 'universal access local exchange services' mean the provision to residential and single line business customers in Georgia of services composed of a touch tone switched access line and dial tone, of a quality sufficient for two way voice and 9600 baud data/fax communications. This service shall include 1+ dialing for access to competitive providers of telecommunications services by Jan uary 1, 1997. The elements of universal access local exchange services are subject to subsequent review and modification by the commission. (3) 'Caller identification service' means a type of telephone service which permits tele phone customers to see the telephone number of incoming telephone calls. (4) 'Commission' means the Georgia Public Service Commission. (5) 'Electing company' means a local exchange company subject to the alternative reg ulation described in this article. (6) 'Fund' means the Universal Access Fund created in Code Section 46-5-167. (7) 'Gross domestic product-price index' or 'GDP-PI' means the gross domestic product fixed weight price index calculated by the United States Department of Com merce. (8) 'Interconnection service' means the service of providing access to a local exchange company's facilities for the purpose of enabling another telecommunications company to originate or terminate telecommunications service. (9) 'Local calling area' means the geographic area encompassing one or more local exchanges as described in commission orders or in maps, tariffs, and rate schedules reviewed and approved by the commission.

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(10) 'Local exchange company' means a telecommunications company authorized to provide local exchange service as described in this article. For purposes of this article, there shall be two categories of local exchange companies:
(A) Tier 1 companies are those companies with two million or more access lines within Georgia holding a certificate of public convenience and necessity issued by the commission; and (B) Tier 2 companies are those companies with less than two million access lines within Georgia holding a certificate of public convenience and necessity issued by the commission. (11) 'Local exchange services' means services offered for the transmission and utiliza tion of two-way interactive communications and associated usage with the local calling area. (12) 'Local interconnection services' means that part of switched interconnection ser vice provided for the purpose of originating or terminating a call which originates and terminates within the local calling area. (13) 'Portability' means the technical capability that permits a customer to retain the same local number at the same customer location regardless of the provider of the local exchange service. (14) 'Switched access' means that part of switched interconnection service provided for the purpose of originating or terminating a toll service. (15) 'Switched interconnection service' means that part of interconnection service which utilizes the local exchange company's switching facilities to provide line or trunkside access or both to the local exchange company's end office or tandem switches for the purpose of originating and terminating the telecommunications ser vices of other telecommunications companies. (16) 'Tariff means the schedule or other writing filed with the commission that describes the rates, terms, and conditions of certain telecommunications services pro vided by the telecommunications company. (17) 'Telecommunications company' means any person, firm, partnership, corporation, association, or municipal, county, or local governmental entity offering telecommunica tions services to the public for hire. (18) 'Telecommunications services' means the services for the transmission of two-way interactive communications to the public for hire. For purposes of illustration, the term 'telecommunications services' includes without limitation local exchange services and interconnection services.
(19) 'Toll service' means the transmission of two-way interactive switched communica tions between local calling areas.
(20) 'Universal access provider' means a local exchange company that is obligated to provide basic local exchange service in all of its local calling areas in response to rea sonable requests for such service and which, in consideration of such obligation, may have its rates for local switched interconnection service established as provided in this article.
46-5-163.
(a) A telecommunications company including a telecommunications services reseller shall not provide telecommunications services without a certificate of authority issued by the commission. The provisions of Code Section 46-5-45 shall apply in circumstances where a telecommunications company is providing telecommunications services without a certificate issued by the commission. (b) The commission shall have the authority to issue multiple certificates of authority for local exchange services upon a showing to the commission that an applicant pos sesses satisfactory financial and technical capability. Any certificate existing on July 1, 1995, shall remain effective and shall be considered a certificate of authority under this article. A certificate is not required for a telecommunications company to provide com mercial mobile services. The commission shall also have the authority to issue certifi cates to long distance telecommunications carriers subject to federal court decisions, federal law, and regulations of the Federal Communications Commission.

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(c) A showing of public convenience and necessity is not a condition for issuing a com peting certificate of authority. Prior to July 1, 1998, only a currently certificated Tier 2 local exchange company may be issued a certificate of authority to compete for service in an area serviced by an existing Tier 2 local exchange company. (d) Any certificate of authority issued by the commission is subject to revocation, sus pension, or adjustment where the commission finds upon complaint and hearing that a local exchange company has engaged in unfair competition or has abused its market position. (e) The commission shall grant certificates of authority in a timely manner and all such proceedings on complaints regarding abuse shall be resolved in a timely manner. (f) All local exchange companies certificated by the commission shall be subject to the same rules and regulations applied by the commission to other local exchange companies certificated to provide local exchange services within the same area; provided, however, that in promulgating rules and regulations necessary to implement the provisions of this article, the commission may adopt rules and regulations for local exchange companies certificated after July 1, 1995, which vary from other rules and regulations applicable to the delivery of telecommunications services but which are appropriate and consistent to service being delivered by such local exchange companies and are adopted in the pub lic interest.
46-5-164. (a) All local exchange companies shall permit reasonable interconnection with other cer tificated local exchange companies. This subsection includes all or portions of such ser vices as needed to provide local exchange services. (b) The rates, terms, and conditions for such interconnection services shall not unrea sonably discriminate between providers and shall be negotiated in good faith between the providers and filed with the commission. (c) In the event that such rates, terms, or conditions cannot be negotiated by the par ties, the commission shall determine the reasonable rates, terms, or conditions for the interconnection services. (d) Such interconnection services shall be provided for intrastate services on an unbundled basis similar to that required by the FCC for services under the FCC's juris diction. (e) The commission is authorized to allow local exchange companies to resell the ser vices purchased from other local exchange companies pursuant to rules determining when and under what circumstances such resale shall be allowed; provided, however, that the resale of basic local exchange services supported by the Universal Access Fund shall be limited to users and uses conforming to the definition of basic local exchange services set forth in paragraph (2) of Code Section 46-5-162. Any local exchange com pany or telecommunications company desiring to purchase or to resell services purchased from another local exchange company may petition the commission for the authorization to purchase or to resell such services. In cases where the purchase or resale of services purchased is authorized by the commission, the commission shall determine the reason able rates, terms, or conditions for the purchase or resale of such local exchange services such that no local exchange company or telecommunications company gains an unfair market position. The commission shall render a final decision in any proceeding initi ated pursuant to the provisions of this subsection no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a deci sion at the earliest date practicable. In no event shall the commission delay the render ing of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of petition under this subsection. The commission, at its discretion or upon a petition filed by either party, may modify a ruling rendered under this subsection, provided that a petition for modification may not be filed more than once in any 18 month period. (f) The basic local exchange services of Tier 2 local exchange companies may be pur chased by competing providers at the tariffed rate, provided such reselling does not

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result in the loss of intrastate or interstate revenues to the selling company for the indi vidual service being resold. This subsection does not apply to Tier 2 local exchange com panies that have switched access rates that are lower than or at parity with the same local exchange company's interstate switched access rates. (g) The commission shall have the authority to require local exchange companies to pro vide additional interconnection services and unbundling.
46-5-165. (a) Any Tier 1 local exchange company may elect to have its rates, terms, and condi tions for its services determined pursuant to the alternative regulation described in this article, in lieu of other forms of regulation including but not limited to rate of return or rate base monitoring or regulation, upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request and to invest $500 million per year for five years to improve and strengthen telecommunica tions services in Georgia; provided, however, that after the expiration of three years of such investments, the commission shall determine, after notice and opportunity for a Tier 1 local exchange company or other interested parties to be heard, whether such investment commitment should be continued for the remaining two years or whether such commitment should be reduced. (b) Any Tier 2 local exchange company may elect to have the rates, terms, and condi tions for its services determined pursuant to the alternative regulation described in this article upon the filing of notice with the commission and committing to provide basic local exchange services upon reasonable request. (c) The alternative regulation under this article shall become effective on the date speci fied by the electing company but in no event sooner than 30 days after such notice is filed with the commission. (d) On the date a telecommunications company elects the alternative regulation described in this article, all existing rates, terms, and conditions for the services pro vided by the electing company contained in the then existing tariffs and contracts are deemed just and reasonable.
46-5-166. (a) An electing local exchange company shall have its rates for basic local exchange ser vices determined pursuant to this Code section. (b) Rates for basic local exchange services for residential and single line business cus tomers in effect on the date the local exchange company becomes subject to alternative regulation described in this article shall be the maximum rates that the local exchange company may charge for basic local exchange services for a period of five years, provided that such maximum rates are subject to review by the commission pursuant to subsec tion (f) of this Code section under rules promulgated by the commission. During such period, the local exchange company may charge less than the authorized maximum rates for basic local exchange services. Thereafter, rate adjustments for basic local exchange services may be made pursuant to subsection (c) of this Code section. (c) Rates for basic local exchange services may be adjusted by the electing company subject to an inflation based cap. Inflation shall be measured by the change in the GDPPI. The electing company is authorized to adjust the cap on an annual basis. The cap requires that the annual percentage rate increase for basic local exchange services shall not exceed the greater of one-half of the percentage change in the GDP-PI for the pre ceding year when the percentage change in the GDP-PI exceeds 3 percent or the GDPPI minus 2 percentage points. (d) In the event the GDP-PI is no longer available, the commission shall elect a compa rable broad national measure of inflation calculated by the United States Department of Commerce for its use. (e) The local exchange company shall set rates for all other local exchange services on a basis that does not unreasonably discriminate between similarly situated customers; provided, however, that all such rates are subject to a complaint process for abuse of market position in accordance with rules to be promulgated by the commission. Compet ing local exchange companies may resell local exchange services purchased from other local exchange companies.

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(f)(l) Except as otherwise provided in this subsection, the rates for switched access by each Tier 1 local exchange company shall be no higher than the rates charged for interstate access by the same local exchange company. The rates for switched access shall be negotiated in good faith between the parties. In the event that the rates for switched access cannot be negotiated between the parties, any party may petition the commission to set reasonable rates, terms, or conditions for switched access. The com mission shall render a final decision in any proceeding initiated pursuant to the provi sions of this paragraph no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final deci sion in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of petition for determination of rates for switched access that initiated the proceeding. (2) Each Tier 2 local exchange company shall, prior to July 1, 2000, adjust in equal annual increments its intrastate switched access charges to parity with its similar interstate access rates. The commission shall have authority to govern the transition of Tier 2 local exchange company switched access rates to their corresponding inter state levels and shall allow adjustment of other rates, including those of basic local exchange services or universal service funds, as may be necessary to recover those rev enues lost through the concurrent reduction of the intrastate switched access rates. In no event shall such adjustments exceed the revenues associated with intrastate to interstate access parity as of July 1, 1995. In addition, if access revenues have dropped below July 1, 1995, levels in subsequent years, the adjustment in those years will be based on the reduced balance. Any intrastate to interstate switched access adjust ments resulting in increased local rates that have been capped under subsection (b) of this Code section will be allowed and a new cap will be established pursuant to this Code section. In the event that the rates for switched access cannot be negotiated in good faith between the parties, the commission shall determine the reasonable rates for switched access in accordance with the procedures provided in paragraph (1) of this subsection. (g) In accordance with rules to be promulgated by the commission, any electing com pany shall file tariffs with the commission for basic local exchange services and other local exchange services that state the terms and conditions of such services and the rates as established pursuant to this Code section.
46-5-167. (a) The commission shall create a Universal Access Fund to assure the provision of rea sonably priced access to basic local exchange services throughout Georgia. The fund shall be administered by the commission under rules to be promulgated by the commis sion as needed to assure that the fund operates in a competitively neutral manner between competing telecommunications providers. (b) The commission shall require all telecommunications companies providing telecom munications services within Georgia to contribute quarterly to the fund in a proportion ate amount to their gross revenues from sale to end users of such telecommunications services as determined by rules to be promulgated by the commission. (c) The commission may also require any telecommunications company to contribute to the fund if, after notice and opportunity for hearing, the commission determines that the company is providing private local exchange services or radio based local exchange services in this state that compete with a telecommunications service provided in this state for which a contribution to the fund is required under this Code section. (d) Contributions to the fund shall be determined by the commission based upon esti mates as to the difference in the reasonable actual costs of basic local exchange services throughout Georgia and the amounts established by law or regulations of the commis sion as to the maximum amounts that may be charged for such services. (e) Moneys in the fund shall be distributed quarterly to all providers of basic local exchange services upon application and demonstration that the reasonable costs as

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determined by the commission to provide basic local exchange services exceed the maxi mum fixed price permitted for such basic local exchange services. The commission may take into account the possibility that a competing local exchange company is providing or could provide lower cost basic local exchange services. Competitive providers shall be entitled to obtain a similar subsidy from the fund to the extent that they provide basic local exchange services; provided, however, that such subsidy shall not exceed 90 percent of the per line amount provided the incumbent local exchange company for existing basic local exchange service or 100 percent of new basic local exchange service. (f) The commission shall require any local exchange company seeking reimbursement from the fund to file the information reasonably necessary to determine the actual and reasonable costs of providing basic local exchange services. (g) The commission shall have the authority to make adjustments to the contribution or distribution levels based on yearly reconciliations and to order further contributions or distributions as needed between companies to equalize reasonably the burdens of pro viding basic local exchange service throughout Georgia. (h) A local exchange company or other company shall not establish a surcharge on cus tomers' bills to collect from customers' contributions required under this Code section.
46-5-168. (a) The jurisdiction of the commission under this article shall be construed to include the authority necessary to implement and administer the express provisions of this arti cle through rule-making proceedings and orders in specific cases. (b) The commission's jurisdiction shall include the authority to:
(1) Adopt reasonable rules governing certification of local exchange companies; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Establish and administer the Universal Access Fund including modifications to the maximum allowable charge for basic local exchange service; (4) Adopt reasonable rules governing service quality; (5) Resolve complaints against a local exchange company regarding that company's service; (6) Require a telecommunications company electing alternative regulation under this article to comply with the rate adjustment provisions of this article; (7) Approve and if necessary revise, suspend, or deny tariffs in accordance with the provisions of this article; (8) If necessary, elect another comparable measurement of inflation calculated by the United States Department of Commerce; (9) Establish reasonable rules and methodologies for performing cost allocations among the services provided by a telecommunications company; and (10) Direct telecommunications companies to make investments and modifications necessary to enable portability. (c) The commission shall render a final decision in any proceeding initiated pursuant to the provisions of this article no later than 60 days after the close of the record except that the commission, by order, may extend such period in any case in which it shall find that the complexity of the issues and the length of the record require an extension of such period, in which event the commission shall render a decision at the earliest date practicable. In no event shall the commission delay the rendering of a final decision in such proceeding beyond the earlier of 120 days after the close of the record or 180 days from the filing of the notice of rulemaking, petition, or complaint that initiated the pro ceeding. (d) In conducting any rule-making proceeding under this article, the commission shall consider the following factors: (1) The extent to which cost-effective competitive alternatives are available to existing telecommunications networks and services; and (2) Requirements necessary to prevent any disadvantage or economic harm to con sumers, protect universal affordable service, establish and maintain an affordable Uni versal Access Fund, protect the quality of telecommunications services, prevent anticompetitive practices, and prevent abandonment of service to areas where there is no competing provider of telecommunications service.

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(e) Subject to any other provision of law protecting the confidentiality of trade secrets, the commission shall have access to the books and records of telecommunications com panies as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations and to carry out its responsibilities under this article. (f) In order to promote economic development and competitive advantage for the State of Georgia, the commission shall have the authority to petition, intervene, or otherwise commence proceedings before the appropriate federal agencies and courts having specific jurisdiction over the regulation of telecommunications seeking to enhance the competi tive market for telecommunications services within the state.
46-5-169. A company electing alternative regulation:
(1) Shall comply with orders issued and rules adopted by the commission to imple ment the express provisions of this article as a condition of obtaining or retaining a certificate of authority under this article; (2) Shall not refuse any reasonable application for basic local exchange service; (3) Shall not give any unreasonable preference or advantage to any customer when providing telecommunications services; (4) Shall not, either directly or through affiliated companies, engage in any anticompetitive act or practice including but not limited to price squeezing, price dis crimination, predatory pricing, or tying arrangements, as such terms are commonly applied in antitrust law; (5) Shall not cross-subsidize nonregulated or alternatively regulated services with rev enue created by regulated services; (6) Shall not give any preference to affiliated companies; (7) Shall allow the resale of its services. Nothing in this Code section shall restrict a customer from authorizing an agent to order such services on its behalf; and (8) Shall not be required to seek regulatory approval of its depreciation rates or schedules.
46-5-170. Providers of local exchange services shall have access to local telephone numbering resources and assignments on equitable terms that include recognition of the scarcity of such resources and that are in accordance with adopted national assignment guidelines and commission rules. Additionally, all local exchange companies shall make the neces sary modifications to allow portability of local numbers between different certificated providers of local exchange service as soon as reasonably possible after such portability has been shown to be technically and economically feasible and in the public interest.
46-5-171. A local exchange company may not charge a residential customer or single line business for basic local exchange service based on the duration of a call or on the time of day that a call is made; provided, however, that such restriction shall not apply in any case where a customer or business requests charges based on the duration of a call or on the time of day that a call is made. This Code section does not prohibit a local exchange company from offering discounts based on the time of day that a call is made if the company also offers basic local exchange service at a rate permitted under Code Section 46-5-166.
46-5-172. A Tier 1 local exchange company shall provide an annual report with quarterly updates to the commission regarding its investment commitment as prescribed in subsection (a) of Code Section 45-5-165. Contributions to infrastructure for distance learning and telemedicine by a Tier 1 local exchange company shall be considered an investment credit toward the required investment commitment of such Tier 1 company.
46-5-173.

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(a) Any person that obtains an unpublished telephone identification using a telephone caller identification service may not do any of the following without the written consent of the customer of the unpublished telephone line identification:
(1) Intentionally disclose the unpublished telephone line identification to another per son for purposes of resale or commercial gain; (2) Intentionally use the unpublished telephone line identification to solicit business; or (3) Intentionally disclose the unpublished telephone line identification through a com puter data base, on-line bulletin board, or other similar mechanism. (b) Each intentional disclosure or use of an unpublished telephone line identification is a separate violation. A person other than a corporation who violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $5,000.00. A corporation that violates subsection (a) of this Code section may be required by the commission to pay a civil penalty of not more than $50,000.00. (c) The commission shall promulgate rules to further establish privacy guidelines appli cable to telecommunications services. (d) No provider of telephone caller identification service shall be held liable for viola tions of this article committed by other persons or corporations.
46-5-174. The commission shall report to the General Assembly annually on the status of the tran sition to alternative regulation of telecommunications services in Georgia."
SECTION 3. The Public Service Commission shall be required to conduct at least three hearings in locations outside the metropolitan areas of the state and accept evidence as to the costs, feasibility, and methodology of providing for toll free calling between two telephones where the central offices serving such telephones are within an extended area of service of not less than 22 miles of each other. The methodology and analysis of the cost and feasibility of such toll free calling area shall be conducted under the supposition of an alternative system of regulation within the framework of Section 1 of this Act. The commission shall conduct such hearings prior to November 30, 1995, and shall report its findings to the General Assembly no later than December 31, 1995. The Public Service Commission shall conclude its consideration in Docket 4231-U of the expansion of local calling areas pursu ant to its rules, including but not limited to all balloting and the formulation of an appro priate rate design, on or before January 1, 1996. The implementation of the expanded calling areas shall be completed on or before July 1, 1996.
SECTION 4. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
SECTION 5. Section 2 of this Act shall become effective July 1, 1995. The other sections of this Act shall become effective upon the approval of this Act 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.

Pursuant to Rule 134, Representatives Jones of the 71st, Heckstall of the 55th, Parsons of the 40th and Smith of the 175th were excused from voting on SB 137.

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Representative Powell of the 23rd moved that the House adopt the report of the Com mittee of Conference on SB 137.
On the motion, 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
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 Y Chambless Y 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
DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Epps Evans Y Falls Felton Y Floyd Godbee Y Golden Y Goodwin Y Greene Y Grindley Hanner Y Harbin Y Harris YHart Heard Heckstall Y Hegstrom Y Hembree Y 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 YKaye
Kinnamon Y Klein YLadd Y Lakly YLane Y Lawrence
YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann
Martin Y McBee Y McCall Y McClinton
McKinney Y Mills
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 YPolak
Y Porter Y Poston Y Powell Y Purcell, A N Purcell, B
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
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 N Stanley, P Y Stephenson Y Streat Y Taylor YTeague YTeper Y Thomas Y Tillman Y Titus Y Towery YTrense 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 motion, the ayes were 150, nays 3. The motion prevailed.

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

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.

The following Senate substitute was read:
A RESOLUTION
Authorizing the leasing of certain real property owned by the State of Georgia in Rabun County, Georgia; authorizing the subleasing for private development and operation of park facilities of 1,200 acres, more or less, on West Point Lake, Troup County, Georgia; autho rizing the leasing of certain real property owned by the State of Georgia in Barrow County, Georgia; to provide for conditions; to provide an effective date; to repeal conflict ing laws; and for other purposes. WHEREAS:
(1) The State of Georgia is the owner of a certain tract or parcel of real property located in Rabun County, Georgia; and

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(2) Said real property is all that tract or parcel of land lying and being in Rabun County, Georgia, lying in and being a part of Land Lot 66 of the 2nd District and is more particularly described as follows:
"TO FIND THE POINT OF BEGINNING, commence at a point that is common to Land Lots 47, 48, 65 and 66 of Rabun County, Georgia; and thence 1,100 feet along a line running north 29 degrees 45 minutes west to an iron pin, which point is the POINT OF BEGINNING of said tract; thence north 28 degrees, 00 minutes east 25 feet to an iron pin; thence north 62 degrees, 00 minutes west 25 feet to an iron pin; thence south 28 degrees, 00 minutes west 25 feet to an iron pin; thence south 62 degrees 00 minutes east 25 feet to an iron pin and the POINT OF BEGIN NING, as the same is shown on a certain January 10, 1964 plat of survey prepared by J.G. Nixon, Georgia Registered Land Surveyor No. 312.", a copy of which is on file in the offices of the State Properties Commission; and (3) Said property is under the custody of the Georgia Department of Natural Resources and is a part of Black Rock Mountain State Park; and (4) The said property has been leased to Spartan Radiocasting Company since June 26, 1980, pursuant to Resolution Act 142, H.R. 586-1591, approved April 2, 1980 (Ga. L. 1980, p. 1490), and is the site of a television translator tower; and (5) Currahee Paging Company has acquired said television translator tower and equip ment from Spartan Radiocasting Company; and (6) Currahee Paging Company is desirous of leasing the above-described property; and (7) The Department of Natural Resources has no objection to the above-described lease; and WHEREAS: (1) The United States Army Corps of Engineers has proposed at its West Point Res ervoir in Troup County to lease to the State of Georgia certain tracts or parcels of real property containing in the aggregate 1,200 acres, more, or less, and being known as the Maple Creek Public Recreation Area and the Potts Road Public Service Area, as shown on the General Development Plan of the West Point Reservoir, a copy of which is on file in the Office of the Director of State Parks and Historic Sites of the Department of Natural Resources; and (2) Said real property, which will be under the custody of the Department of Natural Resources, is suitable for recreational development, including a marina, but is pres ently not utilized for those purposes, although the United States Army Corps of Engi neers has allocated certain funds for infrastructure; and (3) The Department of Natural Resources is desirous of accepting the offer of the United States Army Corps of Engineers and subleasing the above-described real prop erty to a qualified person or firm in order to construct, maintain, operate, and manage certain contemplated improvements for the benefit of the public; and
(4) The Department of Natural Resources will aggressively solicit proposals from qualified persons and firms to construct, maintain, operate, and manage said contem plated improvements, subject to the approval of the primary lessor, the United States Army Corps of Engineers; and
WHEREAS:
(1) The State of Georgia is the owner of a certain tract or parcel of real property located in Barrow County, Georgia; and
(2) Said real property is all that tract or parcel of land lying and being in Barrow County, Georgia, lying in and being a part of 243rd Georgia Militia District, contain ing approximately 2 acres, as described on two drawings entitled "Dwelling Site in Barrow County" and "Barrow Tower and Sub-Unit Site," both dated September 23, 1976, and both being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia regis tered land surveyor and presented by the grantee to the State Properties Commission for approval; and (3) Said property is under the custody of the Department of Natural Resources and lies within the boundary of Fort Yargo State Park and was previously utilized by the Georgia Forestry Commission as a fire tower site; and

FRIDAY, MARCH 17, 1995

2561

(4) Said parcel is not being utilized by the state, the Department of Natural Resources and the Georgia Forestry Commission have declared the property surplus to their needs, and the City of Winder is desirous of leasing the above-described state property to be used for a fire station; and (5) The leasing of said property to the City of Winder is contingent upon the follow ing conditions:
(A) Allowing the Georgia Forestry Commission to station a fire suppression unit at the site on days of high fire danger as determined by the Georgia Forestry Commis sion; (B) Use by the Georgia Forestry Commission of the fire tower for detection pur poses and radio transmission as may be needed; (C) Assumption by the City of Winder of responsibility and liability for under ground storage tanks after inspection and certification; and (D) The provision to the Georgia Forestry Commission of office space for any urban forester at such time as space is needed.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
ARTICLE 1
SECTION 1. That the State of Georgia is the owner of the referenced hereinabove described real prop erty in Rabun County and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 2, That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of land in Rabun County to Currahee Paging Company for a period of ten years following the expiration of the lease entered into pursuant to said 1980 resolution, subject to the following conditions:
(1) The consideration for the lease shall be $650.00 per year payable in advance for the term of the lease; (2) Any sublease of said tower site or any sublease to locate additional equipment upon said tower or site shall first be approved by the State Properties Commission as to terms and conditions; and (3) Such other terms and conditions as determined by the State Properties Commis sion to be in the best interests of the state.
SECTION 3. That the authorization in this resolution to lease the above-described property in Rabun County to Currahee Paging Company shall expire three years after the date that this reso lution becomes effective.
SECTION 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such lease.
SECTION 5. That this lease agreement shall be recorded by the lessee in the Superior Court of Rabun County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 2
SECTION 6. That the State of Georgia will be the primary lessee of the hereinabove described real property located in Troup County and that, in all matters relating to the subleasing of said real property, the State of Georgia is acting by and through its Department of Natu ral Resources, subject to the approval of the State Properties Commission.

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SECTION 7. That the State of Georgia, acting by and through its Department of Natural Resources, subject to the approval of the State Properties Commission, is authorized to sublease the hereinabove described real property in Troup County to that person or firm selected by the said department through a competitive selection process for a period of years which coincides with the primary lease between the State of Georgia and the United States Army Corps of Engineers, commencing with the execution of the lease agreement and extending through its full term or any part thereof.
SECTION 8. That the consideration for the said sublease shall be determined through negotiation between the Department of Natural Resources and the selected sublessee and shall contain such other terms and conditions as may be determined by the Department of Natural Resources to be in the best interests of the State of Georgia, subject to the approval of the State Properties Commission and the United States Army Corps of Engineers.
SECTION 9. That revenues generated from said sublease shall be remitted to the Parks, Recreation and Historic Sites Division of the Department of Natural Resources for use in the operation and maintenance of its sites and facilities and shall constitute miscellaneous funds as pro vided in Code Section 12-3-2.
SECTION 10. That any further subleasing of the hereinabove described tract of real property and any assignment of the sublease or of any approved further subleasing shall be subject to the approval of the Department of Natural Resources and the State Properties Commission.
SECTION 11. That the Department of Natural Resources and the State Properties Commission are authorized and empowered to do all acts and things necessary and proper to effectuate the primary lease and the sublease authorized by this resolution.
SECTION 12. That any lease, sublease, or assignment of a lease or sublease entered into pursuant to this resolution, after approval and execution, shall be recorded by the sublessee or future sublessee or assignee in the Superior Court of Troup County, and a recorded copy thereof shall be forwarded to the Department of Natural Resources and to the State Properties Commission.
ARTICLE 2.1
SECTION 12.1. That the State of Georgia is the owner of the referenced hereinabove described real prop erty and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.
SECTION 12.2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove described tract of land to the City of Winder for a period of 25 years commencing with the execution of the lease agreement and that the above-described premises shall be used solely for public purposes.
SECTION 12.3. That consideration for such lease shall be the providing of garbage collection to Fort Yargo State Park by the City of Winder at no charge to the state and such other terms and con ditions as may be determined by the State Properties Commission to be in the best inter ests of the State of Georgia.
SECTION 12.4. That any sublease of the subject property must be approved by the State Properties Com mission and that the authorization in this resolution to lease the above-described property

FRIDAY, MARCH 17, 1995

2563

to the City of Winder shall expire three years after the date that this resolution becomes effective.
SECTION 12.5. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing and that this lease agreement shall be recorded by the lessee in the Superior Court of Barrow County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 3
SECTION 13. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 14. That all laws and parts of laws in conflict with this resolution are repealed.

Representative Twiggs of the 8th moved that the House agree to the Senate substitute to HR 358.
On the motion, 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
Birdaong 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 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
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
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
Jenkins Y Johnson, G Y Johnson, J Y Johnston
Y Joyce YKaye
Kinnamon Y Klein YLadd Y Lakly Y Lane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Martin Y McBee Y McCall McClinton McKinney Y Mills Mobley, B Y Mobley, J Mosley Y Mueller Y O'Neal Y Orrock

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 Randolph
YRay Reaves Reichert Roberts
Y Rogers Y Royal Y Sanders Y Sauder Y 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
Smith, T Y Smith, V

Y Smith, W Smyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor
Teague Y Teper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L
Y Walker, R.L YWall
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 motion, the ayes were 148, nays 0. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

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JOURNAL OF THE HOUSE,

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 365

The Committee of Conference on HB 365 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 365 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Clay Land Senator, 16th District

/s/ Jimmy Skipper Representative, 137th District

/s/ Don Balfour Senator, 9th District

/s/ John Godbee Representative, 145th District

/s/ Jack Hill Senator, 4th District

/s/ Kathy B. Ashe Representative, 46th District

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 pri vate secondary schools and in home study programs; to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, so as provide for policies relating to facilities which are historic landmarks; to provide for other related mat ters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," is amended by striking sub section (g) of Code Section 20-2-161.1, relating to enrollment in postsecondary courses, academic credit, and a secondary options grant account, and inserting in lieu thereof a new subsection (g) to read as follows:
"(g) The department shall pay the fees charged for advanced placement tests taken by any eligible private high school student from a private high school accredited by the Georgia Private School Accrediting Commission, the Georgia Accrediting Commission, or the Southern Association of Schools and Colleges, or their respective successors, any eli gible public high school student, and any eligible home study program student, whe saeccssfully completes an approved advanced placement eetjfser To be eligible to have fees paid for such tests, such student shall have successfully completed an approved advanced placement course taught by a teacher or other person qualified to teach such course as determined by the local school system. The leeal high school principal or other designated school official shall certify to the department the number of students taking the advanced placement tests, the total fees charged, and such additional information

FRIDAY, MARCH 17, 1995

2565

as the department requires regarding advanced placement tests, and the department shall make payments directly to the testing service from funds dedicated to this purpose within the secondary option grant account. The department shall not be authorized to pay such fees for any one student to take such tests more than two times in any one subject matter."
SECTION 2. Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds, is amended in subsection (c) by striking "and" at the end of paragraph (8), striking the period at the end of paragraph (9) and inserting in lieu thereof "; and" and adding the following:
"(10) To adopt uniform rules, regulations, standards, criteria, and policies respecting all location, equipping, operating, maintenance, construction, and use of all education facilities that are historic landmarks and are registered as such with the National Reg ister of Historic Places or the Georgia Register of Historic Places."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Skipper of the 137th moved that the House adopt the report of the Committee of Conference on HB 365.
On the motion, 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 Benet'ield Y Birdsong Y Bordeaux Y Bostick Y Breedlove
Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush
YBuck Buckner
YBunn Y Burkhalter
YByrd Y Campbell
Canty Y Carter Y Chambless Y 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 YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S
Dobbs Y Ehrhart
Epps Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden Y Goodwin Y Greene
Grindley Y Manner Y Harbin Y Harris Y Hart
Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

Y Hugley Irvin
Y 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
McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock

On the motion, the ayes were 143, nays 0. The motion prevailed.

Parham Y Parrish
Y Parsons Y Pelote Y Perry Y Pinholster YPolak
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 Y 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 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
Thomas Y Tillman Y Titus Y Towery Y Trense
Turnquest Twiggs Y Walker, L Y Walker, R.L Wall Watson
Y Watts Y Westmorland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J
Williams, R Y Woods Y Yates
Murphy, Spkr

Representative Grindley of the 35th 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 following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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 Senate substitute was read:

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 that certain conduct by a person who has given a bond to keep the peace pursuant to Code Section 17-6-110 or who is in violation of a tem porary 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 in its entirety 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 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Representative Mueller of the 152nd moved that the House agree to the Senate sub stitute to HB 415.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker Y Bannister YBarfoot
Y Bargeron Barnard
Y Barnes Bates
YBenefield Y Birdsong Y Bordeaux
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 Y Channel! Y Childers

Y Coker Y Coleman, B
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 Y Dobbs Y Ehrhart Y Epps
Y Evans Y Falls Y Felton Y Floyd
Godbee Y Golden
Goodwin Y Greene Y Grindley Y Manner

Y Harbin Harris
Y Hart Heard
Y Heckstall
Y Hegstrom Y Hembree Y Henson Y Holland
Holmes Howard Y Hudson Y Hugley Y Irvin Y James

FRIDAY, MARCH 17, 1995

2567

Y Jamieson Y Jenkina Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce YKaye Y Kinnamon Y Klein YLadd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann

Martin McBee Y McCall McClinton McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal
Orrock
Par ham Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster YPolak 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
Sinkfield

On the motion, the ayes were 145, nays 1. The motion prevailed.

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 S tailings Y Stancil, F Y Stancil, S Stanley, L Stanley, P Y Stephenson Y Streat Y Taylor
N Teague YTeper Y Thomas

Y Tillman Y Titus Y Towery YTrense Y Turnquest
Twiggs Y Walker, L
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 Y Yates
Murphy, Spkr

The following Bill of the Senate was taken up for the purpose of considering the report of the Committee of Conference thereon:

SB 156. By Senators Clay of the 37th, Edge of the 28th, Cagle of the 49th, Burton of the 5th, Ralston of the 51st 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 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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 156

The Committee of Conference on SB 156 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 156 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles C. Clay Senator, 37th District

/s/ Roy E. Barnes Representative, 33rd District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ Tommy Chambless Representative, 163rd District

/s/ David Ralston Senator, 51st District

/a/ Jim Martin Representative, 47th District

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

2568

JOURNAL OF THE HOUSE,

to adjudicatory hearings involving an allegation 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; to provide for inspection of complaints, peti tions, and orders from such cases which were open to the public; to provide exceptions; to provide for prompt written notice to the school superintendent when a child is adjudi cated delinquent for a second or subsequent time or of an adjudicatory proceeding involv ing a designated felony; to authorize the storage for computer retrieval of records, dockets, indices, or files of the juvenile court; to provide for fingerprinting and photographing chil dren charged with designated felonies, an act which would constitute the offense of bur glary if committed by an adult, or offenses over which the superior court has exclusive or concurrent jurisdiction; to provide for the sharing of information regarding such children with the department of family and children services and certain school officials; to change the provisions relating to inspection of juvenile law enforcement records; to change the provisions relating to sealing of records; to provide for notice to any victim when a child who has been adjudicated delinquent for commission of a designated felony is released from confinement or custody or is paroled; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-28, relating to the conduct of hearings, and inserting in lieu thereof a new subsection (c) and an additional subsection to be designated subsection (c.l) to read as follows:
"(c) Except as otherwise provided by subsection (c.l) of this Code section, the ^Phe gen eral public shall be excluded from hearings involving delinquency, deprivation, or unruliness. Only the parties, their counsel, witnesses, persons accompanying a party for his or her assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court. The court may temporarily exclude the child from the hearing except while allegations of his or her delinquency or unruly conduct are being heard. (c.l) The general public shall be admitted to:
(1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, how ever, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evi dence related to matters of deprivation; or (3) At the court's discretion, any dispositional hearing involving any proceeding under this article."
SECTION 2. Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof a new Code section to read as follows:
"15-11-58.
Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the exception of any complaint, petition, and order from any case that was open to the pub lic pursuant to subsection (c.l) of Code Section 15-11-28, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations com piling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school

FRIDAY, MARCH 17, 1995

2569

psychologist who is certified under Chapter 2 of Title 20 and who is counseling a stu dent as a part of such counseling person's school employment duties, to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Chil dren and Youth Services, the Department of Corrections, the Children and Youth Coor dinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court."
SECTION 3. Said article is further amended by inserting a new Code section to be designated Code Section 15-11-58.1 to read as follows:
"15-11-58.1.
Within 30 days of any proceeding in which a child is adjudicated delinquent for a sec ond or subsequent time or any adjudicatory proceeding involving a designated felony, the court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or designated felony act that such child committed."
SECTION 4. Said article is further amended by striking subsection (b) of Code Section 15-11-59, relat ing to juvenile law enforcement records, and inserting in its place the following:
"(b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (c) or (c.l) of Code Section 15-11-28, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be dis closed to the public."
SECTION 5. Said article is further amended by striking Code Section 15-11-60, relating to when a juve nile may be fingerprinted or photographed and the maintenance, inspection, and publica tion of fingerprint and photograph files, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows:
"15-11-60.
(a) Every child charged with an act which would constitute the offense of burglary if committed by an adult and every child charged with the commission of any act which would be a designated felony or an offense over which the superior court has exclusive or concurrent jurisdiction, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults bjr law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court. Ne child witter 43 years ef age shall be fingerprinted in the investigation of
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Or & WI1O t9 PetCPPCCl tO Tn6 COUPt HI fly "OC t-flKWl tHd IllCd "By TftW G1MOPCC IUG Ti\i OTilCCPS
Or ft CflliU TO OP IHOPC yGftPS Of ft WftO "t8 PClfiPPCd TO U1C COUPt SIMLll
be taken and filed by tew enforcement officers in investigating the commission ef the cpii&cs Or ittvoiuttwtpy m&iiisicku^ntcp) pouDcpy^ ctpm&ft PODDCPy wot involving ft tipcopixi) aggravated assault, aggravated battery, burglary, and meter vehicle theft: (b) The fingerprints ef any child 43 te 47 yeafs ef -age charged -with -any offense -ever which the superior eettrt has exclusive er concurrent jurisdiction ahatt be- taken and- filedby law enforcement officers investigating the commission ef any such erine?

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{e}(b) All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates. {d}(c) Fingerprint files and photographs of children may be inspected by law enforce ment officers when necessary for the discharge of their official duties. The names and addresses of children who have been fingerprinted or photographed and the offense or offenses charged shall be made available in the discretion of the court to the appropriate department of family and children services and school superintendent. This information may be disseminated by the appropriate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public inter est. {*%dl Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child. (f) If latent fingerprints ate found dwtng th investigation ef a offcnac asA a tew cntofccrncri't oiiiccr nfts prooftoic csusc to Dciicvc tiiQt wicy ft1*0 triosc of ft pdrticuift?
immediate comparison with the latent fingerprints. If- th comparison is negative, the fingerprint eeo4 and ether copies ef the fingerprints taken shall be immediately destroyed. If the comparison is positive and- the child is- referred to the- eeurtr the- fingerprint CAFQ find oilier copies of tiie tingerpfHIts tQKen snctn i&& delivered to trie court fof disposition. H the child is net referred te the eeartr th fingerprints shaft be immediately destroyed. {g}(e) Except as provided in this Code section, without Without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution.
{h^fJU) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of con tempt under Code Section 15-11-62, except as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child."
SECTION 6. Said article is further amended by adding at the end of Code Section 15-11-61, relating to sealed records, a new subsection (d) to read as follows:
"(d) Except as otherwise provided by the court, no order sealing files and records under this Code section may be issued regarding any proceeding in which the general public may not be excluded from the hearing under subsection (c) or (c.l) of Code Section 15-11-28."

SECTION 7.
Said article is further amended by inserting in Code Section 15-11-65, relating to juvenile court powers as a court of inquiry, court of record, and in issuing warrants and the preser vation and destruction of records of the court, a new subsection to be designated subsec tion (c.l) to read as follows:
"(c.l) Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of a juvenile court

FRIDAY, MARCH 17, 1995

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elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained."
SECTION 8. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking in its entirety subsection (e) of Code Section 49-4A-8, relating to commitment of delinquent or unruly children, and inserting in lieu thereof the following subsections:
"(e) Except as provided by subsection (e.l) of this Code section, when Wfeea a delin quent or unruly child has been committed to the department for detention and a diag nostic study for the purpose of determining the most satisfactory plan for his the child's care and treatment has been completed, the department may:
(1) Permit fei his the child liberty under supervision and upon such conditions as the department may believe conducive to acceptable behavior; (2) Order his the child's confinement under such conditions as the department may believe best designed to serve his the child's welfare and as may be in the best interest of the public; (3) Order reconfinement or renewed release as often as conditions indicate to be desir able; (4) Revoke or modify any order of the department affecting the child, except an order of final discharge, as often as conditions indicate to be desirable; or (5) Discharge him the child from control of the department when it is satisfied that such discharge will best serve his the child's welfare and the protection of the public. (e.l)(l) When a child who has been adjudicated delinquent for the commission of a designated felony act as defined in Code Section 15-11-37 is released from confine ment or custody of the department, it shall be the responsibility of the department to provide notice to any person who was the victim of the child's delinquent acts that the child is being released from confinement or custody. (2) As long as a good faith attempt to comply with paragraph (1) of this subsection has been made, the department and employees of the department shall not be liable for damages incurred by reason of the department's failure to provide the notice required by paragraph (1) of this subsection."
SECTION 9. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-4A-9, relating to children who have been previously adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, are convicted of a felony in a superior court, and inserting in lieu thereof a new subsection to read as follows:
"(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child. No commitment of any child to any institution or other custodial agency shall deprive the court of jurisdiction to change the form of the commitment or transfer the custody of the child to some other institution or agency on such conditions as the court may see fit to impose, the duty being constant upon the court to give to all children subject to its jurisdiction such oversight and control in the premises as will be conducive to the welfare of the child and the best interests of the state; provided, however, that the release or parole of any juvenile committed to the department for detention in any of its institutions under the terms of this chapter during the period of one year from the date of commitment shall be had only with the concurrence and recommendation of the commissioner or his the commissioner's designated representa tive; provided, further, that upon releasing or paroling any juvenile adjudicated delin quent for the commission of a designated felony act as defined in Code Section 15-11-37 and committed to the department for detention in any of its institutions under the terms of this chapter, the department shall provide notice to any person who was the victim of the child's delinquent acts that the child is being released or paroled. As long as a good faith attempt to comply with the notice requirement of this subsection has been made, the department and employees of the department shall not be liable for

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damages incurred by reason of the department's failure to provide the notice required by this subsection."
SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Representative Chambless of the 163rd moved that the House adopt the report of the Committee of Conference on SB 156.
On the motion, 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
Brush YBuck Y Buckner
Bunn Y Burkhalter YByrd Y Campbell
Canty Y Carter Y Chambless
Y Channell Y Childers
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 Manner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes
Howard Y Hudson

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 Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas Y Maddox YMann
Martin Y McBee Y McCall
McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Mueller Y O'Neal Orrock

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

Y Parham
Y Parrish Y Parsons Y Pelote Y Perry Y Pinholster Y Polak Y Porter YPoston Y Powell Y Purcell, A
Purcell, B Randall 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
Sinkfield 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
Stanley, L Stanley, P Y Stephenson Y Streat Taylor Y Teague YTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Twiggs Y Walker, L Y Walker, R.L Wall Watson Y Watts Y Westmoreland Y Whitaker White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates Murphy, Spkr

Representative Coleman of the 142nd assumed the Chair.
The following Bills and Resolution of the House were taken up for the purpose of con sidering the Senate amendment or substitutes thereto:
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.

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The following Senate substitute was read:

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 prosecuting 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 provide an exception with respect to misdemeanor violations; to provide certain additional procedures for the handling of certain persons found to be mentally incompe tent; to provide for involuntary civil commitment of such persons under certain circum stances; to provide for an order that the cost of a physician or licensed clinical psychologist shall be paid by the county in certain circumstances; to authorize the state to file a motion for rehearing on the issue of a person's mental competency after a person has been found to be mentally incompetent to stand trial; to provide for subsequent pro ceedings if there are reasonable grounds to believe that the person's mental condition has changed; to amend Code Section 37-3-1 of the Official Code of Georgia Annotated, relating to definitions applicable to Chapter 3 of Title 37, relating to the examination and treat ment for mental illness, to substantially change the provisions relating to discovery in fel ony 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 statements given before or after arrest, statements of coconspirators, and reports of physical or mental examinations and scientific tests or experiments; to change the provisions relating to the right of the prosecuting attorney to inspect and copy certain reports of examinations, tests, or experiments under certain conditions; 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 provide that certain information which has been previ ously provided to a defendant or prosecuting attorney need not be included in subsequent information furnished as otherwise required by this Act; to change the provisions relating to the applicability of certain discovery provisions pertaining to misdemeanor cases; to clarify the meaning of certain provisions; to change the provisions relating to alibi wit nesses; to change the provisions relating to statements of witnesses; to change the provi sions relating to lists of names and information concerning witnesses; to provide for related matters; to provide for sentencing by the trial judge or a declaration of mistrial as to sen tencing when the sentencing jury has found the existence of at least one statutory aggravating circumstance but is unable to render a sentencing verdict; to provide an effec tive date and for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. 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 prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting

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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 prosecution 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 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 prosecuting attorney for each county. Upon receipt of the defendant's statement and the written approval of the prosecuting 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 1.1. Said title is further amended by designating the current provisions of subsection (e) of Code Section 17-7-130, relating to procedures upon a person's plea of mental incompetency to stand trial, as paragraph (1) and inserting at the end of subsection (e) a new paragraph (2) to read as follows:
'(2) The physical custody of a person who is found by the Department of Human Resources to be mentally incompetent to stand trial and for whom there is no sub stantial probability that he or she will attain competency in the foreseeable future shall be returned to the committing court. The committing court shall retain custody of the person and may order an independent evaluation of the person by a court appointed licensed clinical psychologist or psychiatrist who shall report to the court in writing as to the current mental and emotional condition of the person. Then the court shall conduct a hearing at which the court shall hear evidence and consider all psychiatric and psychological reports submitted to the court and determine whether the state has proved by clear and convincing evidence that the person meets the crite ria for involuntary civil commitment pursuant to Chapter 3 or Chapter 4 of Title 37, whichever is applicable. If the person is found to meet the criteria for involuntary civil commitment, the judge may issue an order committing the person to a state institu tion. If the person does not meet the criteria for involuntary civil commitment, the person shall be released subject to provisions of bond and other conditions set by the committing court. A person committed under the provisions of this paragraph may only be discharged from that commitment by order of the committing court in accord ance with the procedures specified in paragraphs (1) through (3) of subsection (f) of Code Section 17-7-131 except that the burden of proof in such release hearing shall be on the state and if the committed person cannot afford a physician or licensed clin ical psychologist of the person's choice, the person may petition the court and the court may order such cost be paid by the county. This paragraph applies to those per sons:
(A) Accused of committing the following crimes: (i) Murder; (ii) Rape; (iii) Aggravated sodomy; (iv) Armed robbery; (v) Aggravated assault; (vi) Hijacking of a motor vehicle or an aircraft; (vii) Aggravated battery;

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(viii) Aggravated sexual battery; (ix) Aggravated child molestation; or (x) Aggravated stalking; (B) Who are an obvious threat to society as determined by the Department of Human Resources or the assigned judge; or (C) Who have been convicted of or committed for three or more felonies.'
SECTION 1.2. Said title is further amended by adding at the end of Code Section 17-7-130, relating to procedures upon a person's plea of mental incompetency to stand trial, a new subsection (g) to read as follows:
"(g) If a person is found to be mentally incompetent to stand trial, whether or not com mitted to a state institution under this Code section, the state may file at any time a motion for rehearing on the issue of the person's mental competency. The court shall grant said motion upon a showing by the state that there are reasonable grounds to believe that the person's mental condition has changed. If this motion is granted, the case shall proceed as provided in subsection (a) of this Code section."
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.

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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.
17-16-4.
(a)(l) The Upon written request ef a defendant at er prier te arraignment, th prose cuting attorney shall, no later than ten days prior to trial, or seener if ordered by th 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 rcqucat ef defendant at er prior te arraignment, er at sueh time as th eeart permits, the prosecuting attorney shall, no later than ten days prior to trial, or seen** 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 of a defendant t e* prier te arraignment, er at web time as the eewt permits, the prosecuting attorney shall, no later than ten days prior to trial, or seeaer 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. (4) The Upon written request ef a defendant at er prior te arraignment, er at suefe time as the eettrt permits, the prosecuting attorney shall, no later than ten days prior to trial, or aeener 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

FRIDAY, MARCH 17, 1995

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any festtlts or reports of a report of any 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, which ae wrthia the possession, euotody, er control of the state or prosecution which if the state intends to introduce in evidence in its case-in-chief or in rebuttal the results of the physical or mental examination or scientific test or experiment. Nothing in this Code section shall require the disclosure of any other material, note, or memorandum relating to the psychiatric or psychologi cal treatment or therapy of any victim or witness. (b)(l) The M the defendant requests disclosure ttnder this article, th 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 tmdef this article, the defendant shall 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, shaH 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 any results or reports of a report of any 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, withm the possession e* centre! ef the defendant which if the defendant intends to introduce as in evidence in the defense's case-in-chief or rebuttal the results of the physical or mental examina tion or scientific test or experiment. Nothing in this Code section shall require the dis closure of any other material, note, or memorandum relating to the psychiatric or psychological treatment or therapy of any defendant or witness. (c) If prior to or during trial a party discovers additional evidence or material previously requested or ordered which is subject to discovery or inspection under this article, such party shall promptly notify the other party of the existence of the additional evidence or material and make this additional evidence or material available as provided in this article. (d) Upon a sufficient showing that a discovery required by this article would create a substantial threat of physical or economic harm to a witness, the court may at any time order that the discovery or inspection be denied, restricted, or deferred or make such other order as is appropriate. Upon motion by a party, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and 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, of 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.

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(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, aeektt 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. (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 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.
The Upon written request ef- y 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.
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.
17-16-10.

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2579

The defendant need not include in materials and information furnished to the prosecut ing attorney under this article any material or information which the prosecuting attor ney has already furnished to the defendant under this article. The prosecuting attorney need not include in materials and information furnished to the defendant under this article any material or information which that defendant has already furnished to the prosecuting attorney under this article. Either party may call as a witness any person listed on either the prosecuting attorney's or defendant's witness list."
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:
"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, if the prosecuting attorney and the defendant do not agree in writing that the provisions of Article 1 of this chapter shall apply."
SECTION 4. Said title is further amended by striking Code Section 17-10-31, relating to the require ment of a jury finding of an aggravating circumstance and recommendation that the death penalty be imposed prior to imposition of a death sentence, and inserting in lieu thereof a new Code Section 17-10-31 to read as follows:
"17-10-31.
(a) Where, upon a trial by jury, a person is convicted of an offense which may be pun ishable by death, a sentence of death shall not be imposed unless the jury verdict includes a finding of at least one statutory aggravating circumstance and a recommenda tion that such sentence be imposed. Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to imprisonment as provided by law. Unless the jury trying the case makes a finding of at least one statutory aggravating circumstance and recommends the death sentence in its verdict, the court shall not sentence the defendant to death, provided that no such finding of statutory aggravating circumstance shall be necessary in offenses of treason or aircraft hijacking. This Code section shall not affect a sentence when the case is tried without a jury or when the judge accepts a plea of guilty. (b) Notwithstanding anything to the contrary contained in subsection (a) of this Code section and effective with respect to offenses occurring on or after July 1, 1995, if a per son is convicted of an offense which may be punishable by death and the jury makes a finding of at least one statutory aggravating circumstance but is unable to agree on a verdict as to a sentence of life imprisonment or death and the judge has determined that the jury is deadlocked, then the trial court shall inquire as to the numerical division of the jury and shall act in accordance with this numerical division as follows:
(1) If the trial judge determines that the jury has found the existence of at least one statutory aggravating circumstance but is deadlocked as to the sentence to be imposed and is divided as to the sentence with less than seven jurors being in favor of impos ing a sentence of death, the trial judge shall impose a life sentence; (2) If the trial judge determines that the jury has found the existence of at least one statutory aggravating circumstance but is deadlocked as to the sentence to be imposed and the jury is divided as to the sentence with more than six jurors being in favor of imposing a sentence of death, the trial judge shall impose a life sentence, life with out parole, or declare a mistrial as provided by paragraph (3) of this subsection; or (3) If the trial judge determines that the jury has found the existence of at least one statutory aggravating circumstance but is deadlocked as to the sentence to be imposed and if not less than ten out of 12 of the jurors are in favor of imposing the death sentence, the trial judge may declare a mistrial as to the sentencing procedures and

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JOURNAL OF THE HOUSE,

order a new trial as to the sentencing procedures only. Such a declaration of mistrial as to sentencing shall in no way affect the adjudication of guilt."
SECTION 4A. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all persons arrested on or after that date.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read:

Representatives Chambless of the 163rd, Murphy of the 18th and Barnes of the 33rd move to amend the Senate substitute to HB 627 by striking lines 17 through 21 on page 2 and inserting in lieu thereof the following:
"concerning witnesses; to provide for related matters;"
By striking lines 15 through 42 on page 13 and lines 1 through 36 on page 14.

On the adoption of the amendment, 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
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 N Bunn Y Burkhalter YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channel! Y Childers N Coker
Coleman, B Coleman, T Y Connell YCox Y Crawford

Y Crews Culbreth
Y Cummings Y Davis, G
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 Y Goodwin Y Greene
Grindley Y Hanner Y Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree Y Henson Y Holland
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 N Klein
Ladd Y Lakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord
Lucas Maddox YMann Y Martin Y McBee Y McCall McClinton McKinney Y Mills Mobley, B Y 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 Y Powell Y Purcell, A Y Purcell, B YRandall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Sanders N Sauder
Y Scoggins Y Shanahan YShaw Y Sherrill N Shipp Y Simpson
Sinkfield Skipper
Y Smith, C Y Smith, C.W Y Smith, L Y Smith, P Y Smith, T
Smith, V

Y Smith, W YSmyre Y Snelling
Snow 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 N Towery
Trense Y Turnquest Y Twiggs Y Walker, L
Y Walker, R.L Y Wall Y Watson Y Watts Y Westmoreland Y Whitaker
White N Wiles Y Williams, B Y Williams, J Y Williams, R N Woods
Yates Murphy, Spkr

On the adoption of the amendment, the ayes were 141, nays 12. The amendment was adopted.

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.

FRIDAY, MARCH 17, 1995

2581

Representative Chambless of the 163rd moved that the House agree to the Senate substitute, as amended by the House, to HB 627.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashc 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 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
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 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 Y Kinnamon Y Klein
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
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal Y Orrock

On the motion, the ayes were 168, nays 0. The motion prevailed.

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
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
Stanley, P Y Stephenson Y Streat Y Taylor
Y Teague Y Teper Y Thomas Y TiUman 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 YYates
Murphy, Spkr

The Speaker assumed the Chair.

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 Senate amendment was read:

Amend HR 95 by striking line 2 of page 1 and inserting the following:
"creating the Joint Guardianship Study Committee; and for other purposes.
Part 1".
By inserting after line 35 of page 1 the following:
"Part 2
WHEREAS, the Senate Elder Abuse Task Force has heard many testimonies from elderly citizens who have lost their homes or life savings because of problems in Georgia law relat ing to guardianship and power of attorney; and

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JOURNAL OF THE HOUSE,

WHEREAS, most of Georgia's guardianship statute was enacted in the early part of the nineteenth century; and
WHEREAS, Professor David English, J.D., who is drafting the guardianship section of the American Bar Association's Uniform Probate Code, reported that the problems in Georgia's current statute include a failure to encourage the use of alternatives to guardian ship, a flawed definition of incapacity, and lack of authority for the appointment of lim ited guardians."
By inserting after line 40 of page 3 the following:
"BE IT FURTHER RESOLVED that there is created the Joint Guardianship Study Com mittee to be composed of 18 members. The President of the Senate shall appoint three members of the Senate and six committee members who are not members of the Senate. The Speaker of the House of Representatives shall appoint three members of the House of Representatives and six committee members who are not members of the House of Represenatives. The committee members who are not legislative members shall be com prised of representatives from the fiduciary section of the State Bar of Georgia; advocates for the elderly, for persons with mental illness, and for children; and other persons who have interest or expertise in issues regarding guardianship. The President of the Senate and the Speaker of the House of Representatives shall each designate a member of the committee as a cochairperson 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 actions or legislation which the committee deems appropriate. The committee shall review the proposals of Professor English regarding the Georgia statute and the relevant Uniform Probate Code provisions. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees for not more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this res olution shall come from the funds appropriated to the Senate and House of Representa tives. In the event the committee makes a report of its findings and recommendations, such report shall be made on or before December 1, 1996. The committee shall stand abol ished on December 1, 1996."

Representative Snow of the 2nd moved that the House disagree to the Senate amend ment to HR 95.
The motion prevailed.

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.

The following Senate substitute was read:

A BILL
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to make it unlawful to furnish or disseminate through a computer or computer network certain information relating to the illegal sale

FRIDAY, MARCH 17, 1995

2583

or procurement of marijuana, controlled substances, or drug related objects; to provide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding after Code Section 16-13-43 a new Code sec tion to read as follows:
"16-13-43.1. It shall be unlawful for any person knowingly to furnish or disseminate through a com puter or computer network any picture, photograph, drawing, or similar visual represen tation or verbal description of any information relating to the illegal sale or procurement of marijuana or controlled substances, as defined in Code Section 16-13-21, or drug related objects, as defined in Code Section 16-13-1. Any person convicted for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

The following amendment was read and adopted:

Representative Wall of the 82nd moves to amend the Senate substitute to HB 76 by strik ing lines 1 through 28 of page 1 and inserting in their place the following:
"To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes, so as to prohibit the furnishing or dissemination of certain information relating to terroristic acts, or relating to certain weapons or devices; to change the provisions prohibiting the use of certain communication facilities regarding felonies; to change certain provisions relating to the use of 'fighting words,' obscene and vulgar or profane language, and harassing phone calls; to provide for the offense of disorderly conduct; to provide that certain powers of counties or municipalities shall not be affected or limited; to provide for the offense of harassing phone calls; to provide for criminal penalties; to provide for effective dates; 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, relating to crimes, is amended by strik ing subsection (a) of Code Section 16-13-32.3, relating to the use of certain communication facilities regarding certain felonies, and inserting in its place the following:
'(a) It shall be unlawful for any person knowingly or intentionally to use any communi cation facility in committing or in causing or facilitating the commission of any act or acts constituting a felony under this chapter. Each separate use of a communication facility shall be a separate offense under this Code section. For purposes of this Code section, the term "communication facility" means any and all public and private instru mentalities used or useful in the transmission of writing, signs, signals, pictures, or sounds of all kinds and includes mail, telephone, wire, radio, computer or computer net work, and all other means of communication.'
SECTION 2.
Said title is further amended by adding immediately following Code Section 16-11-37 a new Code section to read as follows:
'16-11-37.1.

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JOURNAL OF THE HOUSE,

It shall be unlawful for any person knowingly to furnish or disseminate through a com puter or computer network any picture, photograph, or drawing, or similar visual repre sentation or verbal description of any information designed to encourage, solicit, or otherwise promote terroristic acts as defined in Code Section 16-11-37. Any person con victed for violation of this Code section shall be guilty of a misdemeanor of a high and aggravated nature.'
SECTION 3.
Said title is further amended by striking Code Section 16-11-39, relating to the use of 'fighting words' and vulgar language, and inserting in its place two new Code sections to read as follows:
'16-11-39.
(a) A person commits the offense of disorderly conduct when such person commits any of the following:
(1) Acts in a violent or tumultuous manner toward another person whereby such per son is placed in reasonable fear of the safety of such person's life, limb, or health;
(2) Acts in a violent or tumultuous manner toward another person whereby the prop erty of such person is placed in danger of being damaged or destroyed;
(3) Without provocation, uses to or of another person in such other person's presence, opprobrious or abusive words which by their very utterance tend to incite to an imme diate breach of the peace, that is to say, words which as a matter of common knowl edge and under ordinary circumstances will, when used to or of another person in such other person's presence, naturally tend to provoke violent resentment, that is, words commonly called "fighting words"; or
(4) Without provocation, uses obscene and vulgar or profane language in the presence of or by telephone to a person under the age of 14 years which threatens an immedi ate breach of the peace.
(b) Any person who commits the offense of disorderly conduct shall be guilty of a mis demeanor.
(c) This Code section shall not be deemed or construed to affect or limit the powers of counties or municipal corporations to adopt ordinances or resolutions prohibiting disor derly conduct within their respective limits.
16-11-39.1.
(a) A person commits the offense of harassing phone calls if such person telephones another person repeatedly, whether or not conversation ensues, for the purpose of annoying, harassing, or molesting another person or the family of such other person; uses over the telephone language threatening bodily harm; telephones and intentionally fails to hang up or disengage the connection; or knowingly permits any telephone under such person's control to be used for any purpose prohibited by this subsection.
(b) Any person who commits the offense of harassing phone calls shall be guilty of a misdemeanor.'
SECTION 4.
Said title is further amended by striking in its entirety Code Section 16-11-151, relating to prohibited training regarding dangerous weapons and devices, 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.

FRIDAY, MARCH 17, 1995

2585

(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 5. This Act shall become effective July 1, 1995.
SECTION 6. All laws and parts of laws in conflict with this Act are repealed."

Representative Wall of the 82nd moved that the House agree to the Senate substitute, as amended by the House, to HB 76.
On the motion, 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 YBuck Y Buckner Y Bunn Y Burkhalter YByrd
Campbell
Y Canty Y Carter Y Chamblesa Y Channell YChilders 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
Epps Y Evans
Falls Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris YHart 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
Ladd Y Lakly YLane
Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann
Martin Y McBee Y McCall
McClinton McKinney Y Mills 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 YPolak Y Porter
Poston Y Powell
Purcell, A Y Purcell, B Y Randall Y Randolph YRay Y Reaves
Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder
Y Scoggim 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 N Stanley, P Y Stephenson Y Streat Y Taylor Y Teague NTeper Y Thomas Y Tillman Y Titus Y Towery Y Trense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L
YWall Y Watson
Watts Y Westmoreland Y Whitaker
White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods YYates
Murphy, Spkr

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JOURNAL OF THE HOUSE,

On the motion, the ayes were 153, nays 2. The motion prevailed.

The following Bills of the House and Senate were taken up for the purpose of consid ering the reports of the Committees of Conference thereon:

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 report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 246

The Committee of Conference on HB 246 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 246 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Floyd L. Griffin Senator, 25th District

/s/ Frank I. Bailey, Jr. Representative, 93rd District

/s/ George B. Hooks Senator, 14th District

/s/ Vernon Jones Representative, 71st District

/s/ Terrell A. Starr Senator, 44th District

/s/ Vinson Wall Representative, 82nd District

A BILL
To amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, so as to provide that the funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death; to provide for exceptions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors, embalmers, and operators of funeral establishments, is amended by adding at the end of said part a new Code Section 43-18-8 to read as follows:

FRIDAY, MARCH 17, 1995

2587

"43-18-8. The funeral director or person in charge of final disposition of a dead body shall, prior to the interment of such dead body, affix on the ankle or wrist of the deceased or, if cremated, on the inside of the vessel containing the remains, a tag of durable, noncorroding material permanently marked with the name of the deceased, the date of death, the social security number of the deceased, and the county and state of death. If the religious faith of the deceased prohibits desecration of the body, alternative means of identification of the body may be used."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Representative Bailey of the 93rd moved that the House adopt the report of the Com mittee of Conference on HB 246.
On the motion, 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
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 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
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 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 Y Hegstrom Y Hembree
Henson Y Holland Y Holmes Y Howard Y Hudson

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

On the motion, the ayes were 148, nays 0. The motion prevailed.

Y Parham Y Parrish Y Parsons Y Pelote Y Perry
Pinholster YPolak
Y Porter Y Poston
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 Y 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

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

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.

The following report of the Committee of Conference was read:

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JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON SB 93

The Committee of Conference on SB 93 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 93 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Stephen B. Farrow Senator, 54th District

/s/ Ronnie Culbreth Representative, 132nd District

/s/ Mary Margaret Oliver Senator, 42nd District

/s/ E.M. Childers Representative, 13th District

/s/ Charles W. Walker Senator, 22nd District

/s/ Earl L. O'Neal Representative, 75th District

A BILL
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to change the requirements for determining whether a person needs involuntary outpatient care or involuntary inpatient care for mental illness; to change certain provisions concern ing access to mental health records; to change the provisions relating to definitions; to pro vide civil immunity for certain entities providing information regarding peer review; to change the scope of confidentiality for peer review organizations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by strik ing in their entirety subsections (a), (c), and (d) of Code Section 37-3-90, relating to deter mination and certification as to involuntary outpatient care and treatment of a patient as an inpatient or outpatient, and inserting in lieu thereof, respectively, new subsections to read as follows:
"(a) When a physician or psychologist at a facility or on behalf of a facility determines and certifies under this article that there is reason to believe a patient admitted to or examined at the facility is a mentally ill person requiring involuntary treatment, that physician or psychologist shall further determine and certify whether there is reason to believe the patient is:
(1) An inpatient or outpatient; and (2) If an outpatient, whether;
(A) There there is available outpatient treatment.; and (B) The patient wiH likely comply wtth the outpatient treatment so as te minimize the likelihood of the patient's becoming tm inpatient." "(c) A person determined and certified to be: (1) An outpatient; and (2) A person for whom there is available outpatient treatment; and \o/--J-jiitCiy to comply wiui tft^ outpd11cut tPCstin6irt 90 ft& to nuiftimffift1 tft^ iIRCiittood ef- the patient's becoming an inpatient shall be considered to be in need of involuntary outpatient treatment and not involun tary inpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings, (d) A person determined and certified to be a mentally ill person requiring involuntary treatment who does not meet all of the requirements of paragraphs (1)-, and (2)j and 43} of subsection (c) of this Code section shall be considered to be in need of involuntary

FRIDAY, MARCH 17, 1995

2589

inpatient treatment and not involuntary outpatient treatment for purposes of further proceedings under this article until such time as that person's status is determined to be otherwise pursuant to those proceedings. (e) Any minor admitted voluntarily shall be released at any time after written request is made by the minor's parent or legal guardian."
SECTION 2. Said chapter is further amended by striking in its entirety subsection (d) of Code Section 37-3-167, relating to the right of patient to examine his records and other matters, which reads as follows:
"(d) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37, all files and records of a court in a proceeding under this chapter shall remain sealed and shall be open to inspection only upon order of the court issued after notice to the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record, provided that the court may refer to such files and records in any subse quent proceeding under this chapter concerning the same patient, on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit authorized representatives of recognized organiza tions compiling statistics for proper purposes to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution that the court may deem proper; and the court may punish by contempt any violations of those conditions. Otherwise, inspection of the sealed files and records may be permitted only by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order.", and inserting in lieu thereof a new subsection (d) to read as follows:
"(d)(l) Notwithstanding paragraphs (7) and (8) of Code Section 15-9-37 or any provi sions of Article 4 of Chapter 18 of Title 50, all files and records of a court in a pro ceeding under this chapter since September 1, 1978, shall remain sealed and shall be open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medical portions of the record. (2) If any official or employee of any court or archival facility assists a person who is not an official or employee of that court or facility in attempting to gain access to any court record which the official or employee knows concerns examination, evalua tion, treatment, or commitment for mental illness, such record was created prior to September 1, 1978, and such record contains no information concerning the patient which is ordinarily public, such as the fact that a guardianship was created, such offi cial or employee shall seal the record if it is in the possession of the court or facility and shall inform the person seeking access that if such a record exists it is open to inspection only upon order of the court issued after petition by, or notice to, the patient and subject to the provisions of Code Section 37-3-166 pertaining to the medi cal portions of the record. (3) Upon a petition for access to such files or records referred to in paragraphs (1) and (2) of this subsection, the court should allow inspection by the person who is the subject of a record unless there are compelling reasons why it should not but should require anyone other than the person who is the subject of a court record to show compelling reasons why the record should be opened. If access is granted, the court order shall restrict dissemination of the information to certain persons or for certain purposes or both. (4) The court may refer to such files and records referred to in paragraphs (1) and (2) of this subsection in any subsequent proceeding under this chapter concerning the same patient on condition that the files and records of such subsequent proceeding will then be sealed in accordance with this subsection. The court may permit autho rized representatives of recognized organizations compiling statistics for proper pur poses to inspect and make abstracts from official records, but without personal identifying information and under whatever conditions upon their use and distribution

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JOURNAL OF THE HOUSE,

the court may deem proper. The court may punish by contempt any violations of any such conditions."
SECTION 3. Said title is further amended by striking in their entirety Code Sections 31-7-131 through 31-7-133, relating, respectively, to definitions relative to peer review groups, immunity from liability, and confidentiality, and inserting in lieu thereof new Code sections to read as follows:
"31-7-131.
As used in this article, the term: (1) 'Peer review' means the procedure by which professional health care providers evaluate the quality and efficiency of services ordered or performed by other profes sional health care providers, including practice analysis, inpatient hospital and extended care facility utilization review, medical audit, ambulatory care review, claims review, underwriting assistance, and the compliance of a hospital, nursing home, con valescent home, or other health care facility operated by a professional health care provider with the standards set by an association of health care providers and with applicable laws, rules, and regulations. (2) 'Professional health care provider' means an individual who is licensed, or an orga nization which is approved, to practice or operate in the health care field under the laws of Georgia, including, but not limited to, the following individuals or organiza tions: (A) A physician; (B) A dentist; (C) A podiatrist; (D) A chiropractor; (E) An optometrist; (F) A psychologist; (G) A pharmacist; (H) A registered or practical nurse; (I) A physical therapist; (J) An administrator of a hospital, a nursing or convalescent home, or other health care facility; (K) A corporation or other organization operating a hospital, a nursing or convales cent home, or other health care facility2 as well as the officers, directors, or employ ees of such corporation or organization or the members of such corporation's or organization's governing board who are performing a peer review function; and (L) A rehabilitation supplier registered with the State Board of Workers' Compensation; and (M) An occupational therapist. (3) 'Review organization' means the Joint Commission on Accreditation of Healthcare Organizations, er Such term also means any other national accreditation body or any panel, committee, or organization: (A) Which: which (i) Is primarily composed of professional health care providers; (ii) Is an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care; or (iii) Provides which provides professional liability insurance for health care providers, and (B) Which which engages in or utilizes peer reviews and gathers and reviews infor mation relating to the care and treatment of patients for the purposes of: (i){A) Evaluating and improving the quality and efficiency of health care ren dered; (ii){B> Reducing morbidity or mortality; er (iii){} Evaluating claims against health care providers or engaging in underwrit ing decisions in connection with professional liability insurance coverage for health care providers^

FRIDAY, MARCH 17, 1995

2591

(iv) Compiling aggregate data concerning the procedures and outcomes of hospi tals for the purposes of evaluating the quality and efficiency of health care ser vices. Under no circumstances shall any such aggregate data or any other peer review information relating to an individual professional health care provider be
isclosed or released to any person or entity without the express prior written consent of such health care provider, but such aggregate data or other peer review information may be released to another review organization upon the written request of such organization if such requesting review organization has specific reason to believe that immediate access to such aggregate data or information is necessary to protect the public health, safety, and welfare. Such aggregate data and other peer review information shall be used for peer review purposes only and in no event shall such aggregate data or any other peer review information be sold or otherwise similarly distributed, but a review organization shall be authorized to utilize the services of and pay a fee to another person or entity to compile or analyze such aggregate data; or (v) Evaluating the quality and efficiency of health care services rendered by a professional health care provider in connection with participation as a provider in or for an insurer, self-insurer, health maintenance organization, preferred provider organization, provider network, or other organization engaged in managed care.
31-7-132. (a) No professional health care provider nor any individual who serves as a member or employee of a professional health care provider or review organization nor any individual who furnishes counsel or services to a professional health care provider or review organi zation shall be held, by reason of the performance of peer review activities, to have vio lated any criminal law or to be civilly liable under any law unless he was motivated by malice toward any person affected by such activity. (b) No person, whether as a witness or otherwise, who provides information regarding peer review to a professional health care provider or review organization shall be held, by reason of having provided such information, to have violated any criminal law or to be civilly liable under any law unless such information is false and the person providing it knew that such information was false.
31-7-133. (a) Except in proceedings alleging violation of this article, the proceedings and records of a review organization shall be held in confidence and shall not be subject to discovery or introduction into evidence in any civil action] arismg etrt ef- or otherwise directly related te th matters which a*e the subject of evaluation asd- review- by- stteh- organiza tion; and no person who was in attendance at a meeting of such organization shall be permitted or required to testify in any such civil action as to any evidence or other mat ters produced or presented during the proceedings or activities of such organization or as to any findings, recommendations, evaluations, opinions, or other actions of such organization or any members thereof. The confidentiality provisions of this article shall also apply to any proceedings, records, actions, activities, evidence, findings, recommen dations, evaluations, opinions, data, or other information shared between review organi zations which are performing a peer review function. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such organization, nor should any person who testifies before such organi zation or who is a member of such organization be prevented from testifying as to mat ters within his such person's knowledge; but such witness cannot be asked about his such witness's testimony before such organization or about opinions formed by him such witness as a result of the organization hearings. (b) This Code section shall not apply to prevent:
(1) The disclosure under Article 4 of Chapter 18 of Title 50 of those documents in the department's custody which are records, reports, or recommendations of the Joint Commission on Accreditation of Healthcare Organizations or other national accredita tion body and which are provided by an institution to the department for licensure purposes under subsection (b) of Code Section 31-7-3; and

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(2) The use of such documents in any proceeding involving the permitting or licensing of an institution pursuant to this chapter?; or (3) A health care provider from obtaining the specific reasons and the records and proceedings related to such provider's exclusion or termination as a participating provider in a health maintenance organization, provider network, or other organization which engages in managed care if such provider has brought a civil action against such health maintenance organization, provider network, or other organization for wrongful exclusion or termination."
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Childers of the 13th moved that the House adopt the report of the Committee of Conference on SB 93.
On the motion, 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
Bordeaux Y Bostick Y Breedlove
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
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
Ehrhart Epps Y Evans Y Fails
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 Y Howard
Hudson

Y Hugley Ylrvin Y James Y Jamieson
Jenkins Y Johnson, G Y Johnson, J Y Johnston
Jones Y Joyce
Kaye Y 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
McKinney Y Mills
Mobley, B Y Mobley, J
Mosley Y Mueller Y O'Neal YOrrock

Parham Y Parrish Y Parsons
Pelote Y Perry Y Pinholster Y Polak Y Porter YPoston 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 YShanahan 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
Snow Y Stalling*
Stancil, F Y Stancil, S Y Stanley, L
Stanley, P Stephenson Streat Y Taylor Y Teague Y Teper Y Thomas Tillman Titus Y Towery Y Trense Y Turnquest YTwiggs Walker, L
Y Walker, R.L 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 motion, the ayes were 144, nays 0. The motion prevailed.

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.

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2593

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 557

The Committee of Conference on HB 557 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 557 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Stephen B. Farrow Senator, 54th District

/s/ E.M. Childers Representative, 13th District

/s/ Walter S. Ray Senator, 19th District

/s/ David E. Lucas Representative, 124th District

/s/ Steve Thompson Senator, 33rd District

/s/ Tom Sherrill Representative, 62nd District

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 ombudsman training and relating to entry and access to records and documents; to change the provisions relating to interference with official duties and provide for sanctions; to change the provisions relating to immunity from liability; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to the long-term care ombudsman 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 m long torm ea*e facility of at least seven working days in a nursing home and at least three 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

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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, relating to entry author ity, and inserting in its place the following:
"31-8-55.
(a) The state ombudsman or community ombudsman, on his or her initiative or in response to complaints made by or on behalf of residents of long-term care facilities, may conduct investigations in matters within his or her powers and duties as provided by this article. (b) The state ombudsman or community ombudsman shall have the authority to enter any long-term care facility and shall use his or her best efforts to enter such facility dur ing normal visiting hours; bat i ne event shall he enter the facility between the heaw ef 9^6 ftMr and 9^6 AJifc without geed cause and 24 fcews2 prior notice -to -the kwn-
the long-term care facility, the ombudsman shall notify the administrator or, in the absence of the administrator, the person in charge of the facility, before speaking to any residents. After notifying the administrator or the person in charge of the facility, the ombudsman may communicate privately and confidentially with residents of the facility, individually or in groups. The ombudsman shall have access to the patient records medi cal and social records of any resident; provided, however, that the medical and personal iin&nciu i?ccorr9 p6Ftfl.inin t dtt inQiviuiiQi resident nifly oc in9pecwju owiy WITH me permission of the resident or his legally appointed guardian, tf any? if:
(1) The ombudsman has the permission of the resident or the legal representative or guardian of the resident; (2) The resident is unable to consent to the review and has no legal representative or guardian; or (3) There is a guardian of the person of the resident and that guardian refuses to per mit access to the records necessary to investigate a complaint, and:
(A) There is reasonable cause to believe that the guardian is not acting in the best interests of the resident; and (B) A community ombudsman obtains the approval of the state ombudsman. As used in this Code section, the term 'legal 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. The ombudsman shall have the authority to inspect the physical plant ef the facility and have access to the administrative records, policies, and documents of the facility to which the residents have or the general public has access. Entry and investigation pro vided by this Code section shall be conducted in a manner which will not significantly disrupt the provision of nursing or other care to residents. (c) The state ombudsman or community ombudsman shall identify himself or herself as such to the resident, and the resident shall have the right to communicate or refuse to communicate with the ombudsman. (d) The resident shall have the right to participate in planning any course of action to be taken on his or her behalf by the state ombudsman or community ombudsman, and the resident shall have the right to approve or disapprove any proposed action to be taken on his or her behalf by such ombudsman. (e) The state ombudsman and community ombudsman shall have authority to obtain from any government agency, and such agency shall provide, such cooperation and assistance, services, data, and access to files and records as will enable the ombudsman properly to perform his or her duties and exercise his or her powers, provided such information is not privileged under any law.

FRIDAY, MARCH 17, 1995

2595

(f) Where the subject of the investigation involves suspected abuse, neglect, or exploita tion of a resident by his or her guardian, the state ombudsman or community ombudsman shall have the authority to communicate with the resident in a private and confidential setting notwithstanding any objection by the guardian to such meeting and communication. \j--Wo person siiflii inteficrc wiwi tfic poriomiftiice of tne duties QUO exercise or tfte powers ef the state ombudsman or community ombudsman provided this article."
SECTION 2. Said article is further amended by striking Code Section 31-8-60, relating to retaliation, and inserting in its place the following:
"31-8-60. No person shall discriminate or retaliate in any manner against any resident or relative or guardian of a resident, any employee of a long-term care facility, or any other person because of the making of a complaint or providing of information in good faith to the state ombudsman or community ombudsman. No person shall willfully interfere with the state ombudsman or community ombudsman in the performance of his or her official duties. Code Sections 31-2-6 and 31-5-8 shall apply fully to any violation of this article."
SECTION 3. Said article is further amended by striking Code Section 31-8-62, relating to liability, and inserting in its place the following:
"31-8-62. Any person who, in good faith, makes a complaint or provides information as authorized in this article ad any shall incur no civil or criminal liability therefor. Any state or community ombudsman who, in good faith, makes performs his or her official duties, including but not limited to, making a statement or communication relevant to a com plaint received or an investigative activity conducted pursuant to this article shall incur no civil or criminal liability therefor."
SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Lucas of the 124th moved that the House adopt the report of the Committee of Conference on HB 557.
On the motion, 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
Benefield Birdsong 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
Carter Chambless Y Channell Y Childers Y Coker Y Coleman, B Y Coleman, T Y Connell YCox Y Crawford Crews Y Culbreth Y Cummings Davis, G

Y Davis, M YDay
DeLoach, B 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 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 Y Johnston

Jones Y Joyce YKaye Y Kinnamon Y Klein
Ladd Y Lakly
Lane Y Lawrence
Lee Y Lewis Y Lifsey YLord Y Lucas
Maddox
YMann Y Martin Y McBee Y McCall
McClinton

2596

JOURNAL OF THE HOUSE,

McKinney Y Mills
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

Poston Y Powell Y Purcell, A Y Purcell, B
Randall Y Randolph YRay
Reaves
Reichert Y Roberts
Rogers Y Royal
Sanders Y Sauder Y 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 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 Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

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

Due to a mechanical malfunction, the vote of Representative Poston of the 3rd was not recorded on the preceding roll call. He wished to be recorded as voting "aye" thereon.

The following Bills of the House were taken up for the purpose of considering the Senate's insistence on its position in amending the same:

HB 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.

Representative Snow of the 2nd moved that the House insist on its position in dis agreeing to the Senate amendment to HB 601 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 Snow of the 2nd, Coker of the 31st and Lane of the 146th.

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.

Representative Buckner of the 95th moved that the House insist on its position in dis agreeing to the Senate amendment to HB 145 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.

FRIDAY, MARCH 17, 1995

2597

The motion prevailed.
The Speaker appointed as a Committee of Conference on the part of the House the following members:
Representatives Buckner of the 95th, Ashe of the 46th and Coleman of the 80th.

By unanimous consent, all Bills and Resolutions remaining on the General Calendar were recommitted to the committee from whence they came.
The following message was received from the Senate through Mr. Eldridge, the Secretary thereof:

Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the fol lowing bill of the House:

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 Senate insists on its amendment to the following bill of the House:

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.

The Senate has agreed to the House amendments as amended by the Senate to the following bills of the Senate:

SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.

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.

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JOURNAL OF THE HOUSE,

The Senate adheres to its substitute and has appointed a Committee of Conference on the following resolution of the House:

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Clay of the 37th, Marable of the 52nd and Middleton of the 50th.

The Senate adheres to its amendments and has appointed a Committee of Conference on the following bills of the House:

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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Boshears of the 6th, Guhl of the 45th and Farrow of the 54th.

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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Isakson of the 21st, Thompson of the 33rd and Marable of the 52nd.

HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th 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.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Hill of the 4th, Land of the 16th and Balfour of the 9th.

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.

FRIDAY, MARCH 17, 1995

2599

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Marable of the 52nd, Newbill of the 56th and Hill of the 4th.

The Senate adheres to its substitute and has appointed a Committee of Conference on the following resolution of the House:

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Middleton of the 50th, Marable of the 52nd and Clay of the 37th.

The Senate adheres to the Senate amendment to the House amendment and appoints a Committee of Conference to confer with a like committee on the part of the House on the following bill of the Senate:

SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.

The President has appointed as a Committee of Conference on the part of the Senate the following:
Senators Johnson of the 1st, Johnson of the 2nd and Kemp of the 3rd.

The Senate has disagreed to the House amendment to the Senate substitute to the following bill of the House:

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 Senate has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the House:

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.

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The Senate has disagreed to the House amendment to the Senate amendment to the following bill of the House:
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 Senate has appointed a second Committee of Conference on the following bill of the House:
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 prima ries and elections.
The President has appointed as a second Committee of Conference on the part of the Senate the following:
Senators Thomas of the 10th, Egan of the 40th and Edge of the 28th.

The following Bill of the Senate was taken up for the purpose of considering the Sen ate amendment to the House amendment thereto:
SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.
The following Senate amendment was read:
Amend the House amendment to SB 430 by striking from lines 3 through 5 of page 1 the following:
"striking on line 34 of page 2 and inserting in lieu thereof the following:
'two-thirds of all of its members a preliminary'.",
and inserting in lieu thereof the following:
"striking '$1,200.00' and inserting in lieu thereof '$2,400.00' on line 3 of page 2 and by striking line 37 of page 2 and inserting in lieu thereof the following:
'period not to exceed 45 days, but the town council shall in any case cause to be paid forthwith to the town administrator any unpaid balance of the town administrator's sal ary and accumulated annual leave and the town administrator's salary for the next three calendar months following adoption of the preliminary resolution, unless the town administrator is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the town administrator for the next three months shall not be paid. A copy of the resolution'".

FRIDAY, MARCH 17, 1995

2601

Representative Bordeaux of the 151st moved that the House disagree to the Senate amendment to the House amendment to SB 430.
The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate amendments thereto:

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 following Senate amendments were read:

SENATE AMENDMENT NO. 1
Amend HB 87 by striking line 27 of page 1 and inserting in lieu thereof the following:
"(b) Any person who has previously been convicted of or who has previously entered a guilty plea to the offense of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery, or any felony involving the use or possession of a firearm and who shall have on or within arm's".

SENATE AMENDMENT NO. 2
Amend HB 87 by adding after "offenses;" on line 7 of page 1 the following: "to amend Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, so as to provide for the offense of riot in a penal institution; to provide for a penalty;".
By adding between lines 24 and 25 of page 2 the following:
"SECTION 1.1.
Article 3 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to escape and other offenses related to confinement, is amended by adding at the end thereof a new Code Section 16-10-56 to read as follows:
'16-10-56.
(a) Any person legally confined to any penal institution of this state or of any political subdivision of this state who commits an unlawful act of violence or any other act in a violent or tumultuous manner commits the offense of riot in a penal institution.
(b) Any person who violates subsection (a) of this Code section is guilty of a felony and, upon conviction thereof, shall be punished by imprisonment of not less than one nor more than 20 years.'"

Representative Coker of the 31st moved that the House agree to the Senate amend ments to HB 87.
On the motion the ayes were 113, nays 2.
The motion prevailed.

Representative Brooks of the 54th would like to be recorded as voting "nay" on HB

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JOURNAL OF THE HOUSE,

87.

The following Bill of the House was taken up for the purpose of considering the report of the second Committee of Conference thereon:

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.

The following report of the second Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 423

The Committee of Conference on HB 423 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 423 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Nadine Thomas Senator, 10th District

/a/ Bob Holmes Representative, 53rd District

/s/ Mike Egan Senator, 40th District

/s/ Henrietta M. Canty Representative, 52nd District

/s/ Arthur B. Edge, IV Senator, 28th District

/s/ Ray Holland Representative, 157th District

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; 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 in its entirety subsection (b) of Code Section 21-2-224, relating to registration deadlines, and inserting in lieu thereof a new subsection to read as follows:
"(b) If any person whose name is not on the list of registered electors desires to vote at any special primary or special election, such person shall make application as pro vided in this article no later than the close of the business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; provided, however, except thatj:
(1) If if such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration dead line for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted] or

FRIDAY, MARCH 17, 1995

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(2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty-first day prior to the date of the special primary or election or, if such thirty-first day is a legal holiday, by the close of business on the following business day."
SECTION 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-123, relating to deadlines for registration for municipal elections, and inserting in lieu thereof a new subsection to read as follows:
"(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under Article 6 of Chapter 2 of this title desires to vote at any municipal special primary or special election, such person shall make application as pro vided in Article 6 of Chapter 2 of this title no later than the close of the business on the fifth day after the date of the call for the special primary or special election, exclud ing Saturdays, Sundays, and legal holidays of this state; provided, however, except that5:
(1) If if- such special primary or special election is held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a pres idential preference primary held under Chapter 2 of this title, the registration dead line for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary or general election held under Chapter 2 of this title or this chapter or a pres idential preference primary held under Chapter 2 of this title, but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county offices, the registration deadline for such a special primary or election shall be at the close of business on the thirty-first day prior to the date of the special primary or election or, if such thirty-first day is a legal holiday, by the close of busi ness on the following business day."
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Holmes of the 53rd moved that the House adopt the report of the sec ond Committee of Conference on HB 423.
On the motion, the ayes were 128, nays 1.
The motion prevailed.
The following Bills and Resolution of the House were taken up for the purpose of con sidering the reports of the Committees of Conference thereon:
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.
The following report of the Committee of Conference was read:

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JOURNAL OF THE HOUSE,

COMMITTEE OF CONFERENCE REPORT ON HB 145

The Committee of Conference on HB 145 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 145 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

Is/ Sallie Newbill Senator, 56th District

/s/ Gail Buckner Representative, 95th District

/s/ Jack Hill Senator, 4th District

/s/ Brooks P. Coleman, Jr. Representative, 80th District

/s/ Richard 0. Marable Senator, 52nd District

M Kathy B. Ashe Representative, 46th District

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 for state grants to local school systems on the basis of achievement; to change the manner in which such funds may be expended; to change provisions relating to the establishment of a state-wide network of regional edu cational service agencies; to change certain provisions relating to the powers and duties of each agency board of control; to change provisions relating to programs and services to be administered by the regional educational service agency director; to change provisions relating to the financing of agency expenses and programs; to provide an exemption from the requirement of comprehensive evaluations of public schools and the standards and procedures relating thereto; 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 Tribu nal Act," so as to authorize local boards of education to impose certain disciplinary sanc tions upon students who are still subject to such sanctions by another school system; to provide for a definition; to provide for requests and responses thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, is amended by striking Code Section 20-2-253, relating to incen tive awards, in its entirety and inserting in lieu thereof the following:
"20-2-253.
The State Board of Education shall provide qualified public elementary and secondary schools and local school systems with incentive award grants, subject to appropriation by the General Assembly. The purpose of such grants shall be to give recognition to public schools and local school systems having demonstrated high levels of performance er achievement, high levels of improved performance; provided, however, that H com-
pCtP19OH9 0r SCI1OO1S SilLll tj Wlcfl OtflCf SCftOOlS COFllQl 111 n SlWlliH* jjffQCrc 1CVC49 QUO COUTM
taining student populations which have similar demographic characteristics and that att comparisons of local seheel systems shaH be with ether teeal seheel systems containing student populations which have similar demographic characteristics achievement, or to raise the performance of lower achieving schools or school systems. The amount of such incentive award grants shall be reflective of the most recent full-time equivalent counts of the qualified public schools or local school systems, respectively, and such other fac tors deemed appropriate by the state board. The public schools or local school systems receiving such incentive award grants shaH may expend these funds te improve their

FRIDAY, MARCH 17, 1995

2605

staff development e* instructional programming; er both, in a manner they deem appro priate. Such recipients of the incentive award grants shall not be required to apply local funds to the expenditures authorized under this Code section. The state board shall adopt a list of performance achievement areas for which public schools and local school systems may receive incentive award grants and shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section."
SECTION 2. Said article is further amended by striking Part 11 thereof in its entirety and inserting in lieu thereof a new Part 11 to read as follows:
"Part 11
20-2-270. (a) The State Board of Education shall establish a state-wide network of regional educa tional service agencies for the purposes: of providing shared services designed to improve the effectiveness of educational programs and services ef to local school systems; and ef providing instructional programs directly to selected public school students in the state; providing Georgia Learning Resources System services; and implementing state initiatives as required by the state board. The regional educational service agencies
established by the state board may legally be referred to as 'RESA' or 'RESA's.' The
SCrVlCCS tO memDeF lOCfll SCflOOl Systems Snftxr HlCitKtt^ tne IOllOW1H
The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272.
(1) Identifying e* conducting research related te educational improvements and- to planning for the implementation of seh improvements; (2) Developing and implementing staff development programs; (3) Developing and implementing curricula and instruction ef the highest quality pesaiblc, including implementing the uniformly scqucnccd cere curriculum adopted by the state board; (4) Developing and implementing assessment and evaluation programs; (6) Identifying and utilizing electronic technology, including computers, an effort te

system management; and yo)-- Developing propflin9, resource ntifttePiftiSj ftnd Srflii dcveiopment services peifttin te instruction en alcohol and dfttg abuse. ~ fie sttftre* serviees nifly QISO include 09919wince designed to ddctrcss documented loccu needs pursuant te subsection <d> ef- Code Section 20-2 272.

rsycnoeduccttion&.1 IN etworti tor severely emot1onfiiiy disturDed students m piftce uune
O uUAj 1L\fJlQ\Jf?i j ^3Lii.n^1.i1i 1u-.^c. u^*^j.i.iji./;i--ii.u.,u. uJ Tt,,J_i g Ht0^U^U^1l .y.-c,^a--i 1j.tr/tuO<Oj. TTTf ^*tic*u*ti'-w ,^ wTv.Jti!y., T1 ; 1i^f\tOjQ u, T^T--T n*r**r.y,, wJ.t.1ii_y,
1 thereafter, the State Beard ef Education reorganizes the service areas ef- regional eduCAviontu service ft^ciicics IPOIR trie ~t^o service CIFCQ flprcin^ement tft piflce uunc oU( iyo / ^ Ae state beard shall atee review effective the same date the service areas for the Georgia Learning Resources System and the Psychocducational Network te be compatible with me reor"ftntzd service ftrefls to? tiic pe^ionfti ectucft11OHfti service cieiicies> upon tiie
wrtnift tfte service &i?e& of ft unit of tnc \j eopifl jje&Fning nesources oystefift OP of tfte Psychocducational Network, representatives ef each ef- the leeal senee! systems in the
beard te determine if one ef the local seheel systems er th regional educational service fluency servm cne tcspcctivc service &pe& snctii serve ^ tne tisc&t fluent for itie rcspcc "
for tie ensuing f4sal year. In the event this vote results a change in the fisal agent iOP tne respective unit, tfte new tisc&i d^ent snftii continue itt tins cftpflcity IOT ft mint**

nated as the fiscal agent for the service areaef a anit ef- the Georgia Learning Resources Of ot tne rsycnoeducfltionn ivetwopK^ ftii memuer &nc* nonmemDCF locfli scnooi

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JOURNAL OF THE HOUSE,

systems sbetti fee provided the services of the Georgia Learning Resources System er th Psychocducational Network, respectively. Th state beard is authorized te contract with regional educational service areas te provide educational services te students with handicapping conditions which are either of stieh tew incidence er of sweh severity that it is unfeasible er impractical te previd* eed*d educational and training services through teeri school systems pursuant te Gede Section 20-2-162.
(b) The state board shall be authorized to fund services, programs, and initiatives pro vided for in subsection (a) of this Code section through RESA's either by contract or cooperative agreement. Beginning July jj 1996, the state board shall make the service areas for the Georgia Learning Resources System compatible with the service areas for the RESA's. The RESA's are designated as the fiscal agents for the agency of the Geor gia Learning Resources System or a local board of education as identified by the State Board of Education through an annual contract to serve as fiscal agent for the Georgia Learning Resources System. All member and nonmember local school systems shall be provided the services of the Georgia Learning Resources System.
(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1^ 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1^ 1995,
unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representa tives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Net work for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is des ignated as the fiscal agent for a service area, all member and nonmember local school systems shall be provided the services of the Psychoeducational Network.
20-2-271. (a) The State Board of Education shall establish the service area of each regional educa tional service agency as a single geographical area that contains the entire area of several local school systems. To the extent feasible and practical, all such service areas shall be homogeneous in terms of the number of local school systems, the number of public schools, the number of students, the number of square miles within the service area, and any other factors specified by the state board; provided, however, that the service area for metropolitan Atlanta may be an exception due to the high density of students per square mile. The total number of such service areas shall be as small as possible to ensure cost effectiveness of its operation; however, the number shall be large enough to minimize excessive travel time when providing shared services within any such service area. Each local school system in this state shall be assigned to one of these service areas. (b) Each local board of education of a local school system which elects not to be a mem ber of the regional educational service agency in its designated service area during the ensuing fiscal year shall approve a resolution to that effect and forward a copy of said resolution to the State Board of Education and the board of control of the regional agency by January 15. Such action shall be required annually.
20-2-272. (a) Each regional educational service agency shall be governed by a board of control. The number of members and terms of office shall be prescribed by the State Board of Education; provided, however, that at least one-third of the membership of each board of control shall be individuals who hold no other public office, who are not employees of any local unit of administration, and who are not employees of the Department of Education. The members of the board of control shall be elected by an annual caucus of an equal number of members of local boards of education from the respective member

FRIDAY, MARCH 17, 1995

2607

local school systems. The state board shall also prescribe an equal number of local board members from each member local school system to participate in said caucus. (b) All laws and the policies and regulations of the State Board of Education applicable to local school systems and local boards of education shall be applicable, when appropri ate, to the regional educational service agencies and their boards of control unless explic itly stated otherwise in this part. No board of control shall hold title to real property or levy or collect any taxes. No board of control shall expend or contract to expend any funds beyond the amount of funds that the board of control is legally authorized to receive and will, in fact, receive. Each board of control shall submit an annual report and an annual budget to the state board, in the manner prescribed by the state board,
for review and approval. (c) The State Board of Education shall be responsible for assuring that the activities of each regional educational service agency and its board of control established under this part conform to both the Constitution and laws of Georgia, as well as the policies and regulations of the state board. The State School Superintendent shall report to the Gen eral Assembly, pursuant to subsection (d) of Code Section 20-2-282, the results of any comprehensive evaluations of regional educational service agencies, the status of each such agency, and the progress each nonstandard agency has made toward addressing identified deficiencies. (d) Boards of control shall determine the optional assistance needed by local school sys tems in the area served by each regional educational service agency, establish priorities from those needs, and allocate local resources accordingly. Boards of control shall annu ally review the progress and cost effectiveness of such agencies by relating outputs to dollar inputs. Boards of control shall determine the procedures and activities by which each regional educational service agency achieves locally established objectives and shall establish job descriptions, personnel qualifications, and work schedules consistent with locally established priorities and objectives. (e) In the event the State Board of Education adopts a policy to reorganize the service areas of regional educational service agencies pursuant to subsection (a) of Code Section 20-2-271 effective July 1 of a fiscal year, members of boards of control during the pre ceding fiscal year shall constitute planning boards for the respective service areas to be established the ensuing July 1. Each planning board shall have the authority to establish the location or locations of the office or offices of its regional educational service agency effective the ensuing July 1, to issue contracts with a director and other agency staff to be employed effective the ensuing fiscal year, to assess the needs of all potential member local school systems, to prepare operational plans and budgets for the ensuing fiscal year, to establish the manner by which the local share of the budget will be assessed to potential member local school systems, and to make any other such decisions that the state board deems necessary for an orderly transition of service areas for regional educa tional service agencies. Such decisions shall be adopted by these planning boards prior to December 15 of the fiscal year preceding the effective date for reorganization of the service areas, in order that each local school system will have the information needed to make an informed decision relative to membership in its respective regional educa tional service area pursuant to subsection (b) of Code Section 20-2-271 on or before Jan uary 15 of that fiscal year. Any such planning board shall be authorized to amend, prior to April 15 of that fiscal year, any such decisions which are necessary as the result of the actions of the General Assembly during its regular session during that fiscal year. In the event a planning board has amended one or more decisions pursuant to this pro vision, each local school system within the service area of such planning board shall be authorized to reverse its decision relative to membership for the ensuing fiscal year prior to May 15 of that fiscal year, pursuant to procedures specified in subsection (b) of Code Section 20-2-271.
20-2-273. (a) Each board of control shall appoint and contract with a director who shall be the executive officer of the regional educational service agency. The director shall be respon sible for the administration of programs and services approved by the board of control, including the Georgia Learning Resources System, except for those under contract with

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JOURNAL OF THE HOUSE,

a local board of education serving as fiscal agent for the Georgia Learning Resources System. (b) The regional educational service agency staff shall consist of those individuals authorized by the board of control to provide the instructional and support services pre scribed in Code Section 20-2-270.
20-2-274. (a) The Per fiscal year 1989; the State Beard of Education shatt grant, aubjcct to appro priation fey the General Asacmbly, the funda te continue the operations ef- regional eduCfliiontii service ugencies tn A mtinner simiiftr to tnc ppecedin fISCAX yeAifj QQJusted only
TO rCIieet CfiAn^eS tft IllC SAlAHeS And Op6FAtionAl COStS SiminHf TO tftOSC filAue fOF lOCAl
3cnooi systems undcf tin9 AFticie^ tuFtncF, m triosc instAnccs triflt Fc^fionoi ectucQtloftAi Agencies AFe dcsi^nAtcd tts iiscAi Agents^ tne stAtc DOQ.FQ siiAlx grflwt AdditionA!
needed to pFovtie instFuc11onAI And support services TO students di^roie for tfte .n sycnoeducfltionfli IN ctwoFK And TO provide services under tfte \j cor^ifl AJCAFHin
Beginning fiscal year 1000 and thereafter, the state board shall be authorized to provide each regional educational aervice agency with a uniform atate-wide needs program grant and a documented local needs program gfant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of twe components; the same fixed amount for each regional educational service agency; and an amount
of studcHts) cmd Tne numDci* of stjuflrc miles contQItied conectively witiwn its HICHIDCF teefll sehoei systems. Each regional educational acrvice agency ahall fee required te match tfte uniiorm sto.teTMwide needs pFOFEUH rsnt witn ftft fl.monftr ot tunds CQUAT to oweTM louPtn OT iiis ^pfliiTT i ne uniiofm stfltc wide needs ^rsnr flnd its inAtctiln locfli wiiicn funds shall be used to finance the basic administrative overhead of the regional educa tional service agencies^ The state board shall provide grants to regional educational ser vice agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each regional educational service agency shall submit a proposal to the State Board of Education for implementing state initiatives. The State Board of Education shall review the proposals and enter into a contract or cooperative agreement with the regional educational service agency to carry out these purposes. The State Board of Education shall determine the amount of any contract award or amounts expended pursuant to a cooperative agree ment. The State Board of Education shall develop and implement policies, rules, and regulations to carry out this part, and te provide the areas of assistance specified in sabaection (a) ef Code Section 20 2-270. 5ne amount ef- ftmds granted te- each- regional edu cational service agency for the documented local needs program gfant ahatt depend uponme ppoportion triflt tne numoer or IOCQI scnooi systemsj nuniDep ot scnoois( numocp ot
scnooi systems flfe of tricsc respective iftctofs stcitc widc AS wen ts tne fldopted opcwi
member teeal seheel ayatcma. Each regional educational acrvice agency ahttH be required te aaateh the documented teeal needs program grant with an amount ef ftmds equal te two-thirds ef- that granfe Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of membership funds, the uniform state wide needs program and the documented teeal needs program; provided, however, that member local seheel systems shall et fee allowed te se funds received ander the provisions ef this article for this purpose. In the event a regional eehtcAtionoi service fluency is designAte d AS tne IISCAI A^ent ior tfte oeofiA Lie&pnm^ Resources Syatcm er fer the Paychocducational Network ler severely emotionally dis turbed students, the The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems in the service area of the Georgia Learning Resources System e* Paychocducational Network as respectively designated as the fiscal agent or to any local school system contracted to serve as the fiscal agent for a Georgia Learning Resource System as well as the grants authorized previously by this subsection. All other financing will be based on contracts to supply

FRIDAY, MARCH 17, 1995

2609

service programs to member local school systems. The funds for these programs, upon a contract approval basis, may be derived from local, state, federal, or private sources, (b) A regional educational service agency may not receive directly from the State Board of Education any state funds originally intended for or directed to a local school system by this article; provided, however, that, upon the official request of a local school sys tem, the state board may send directly to a regional educational service agency any funds allocated to a local school system. All grants and contracts from the state along with the contributions from member local school systems and funds from other sources shall be budgeted by the board of control other than those designated to local systems designated as fiscal agent for a Georgia Learning Resource System through contract with the State Board of Education."
SECTION 3. Said article is further amended by striking subsection (a) of Code Section 20-2-282, relat ing to the comprehensive evaluation of public schools, and inserting in its place a new sub section to read as follows:
"(a)(l) The State Board of Education shall supervise a comprehensive evaluation of each public school, local school system, and regional educational service agency at least once every five years, except as provided in paragraph (4) of this subsection or
subsection (e.l) of this Code section, concerning the following functions to the extent they are deemed by the state board to be appropriate and applicable to such units:
(A) The extent to which the strategic plan has been effectively implemented;
(B) The extent to which the uniformly sequenced core curriculum adopted by the state board has been effectively implemented; (C) The extent of compliance with state laws and state board prescribed policies, rules, regulations, standards, and criteria; (D) The effectiveness of educational programs and services, including comparisons to student bodies which are comparable in terms of demographic characteristics; (E) The effectiveness of annual personnel evaluation procedures and annual profes sional development plan procedures and the extent to which staff development pro grams effectively address deficiencies and other needs identified through these processes; (F) The accuracy of student count procedures; (G) The accuracy of fiscal procedures as they apply to implementing the state board prescribed program accounting systems and ensuring funds are expended for purposes authorized by state laws and state board policy and regulations; (H) The extent to which public awareness and information processes comply with state law and state board adopted policies and regulations; and
(I) Such other functions deemed necessary by the state board for a full and compre hensive evaluation of such units. (2) Such comprehensive evaluations shall be conducted by certificated professional employees from other local units of administration, faculty members of colleges and universities, and citizens residing within the respective local units. The number and role of such individuals shall be prescribed by the state board; provided, however, that such individuals shall be coordinated by professional evaluators. The state board shall
be authorized to require additional evaluations by the Department of Education. (3) The state board shall publish in the legal organ of the county where the local school system is located the result of the comprehensive evaluations, including a sum
mary of any deficiencies and recommendations for addressing said deficiencies. The State School Superintendent shall annually report to the Governor and the General Assembly concerning the results of all state-wide assessments of student achievement;
the status of each public school, local school system, and regional educational service agency; and the progress each nonstandard unit has made toward addressing identified deficiencies. Copies of such reports shall be made available upon request. The State
School Superintendent shall be authorized to require local school superintendents and directors of regional educational service agencies to provide such reports as deemed necessary for the effective operation of public education in this state. The State

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JOURNAL OF THE HOUSE,

School Superintendent shall compile an annual report in which shall be presented a statement of the condition and amount of all funds and property appropriated for the purpose of public education, a statement of the average cost per student of instruction in the state's public schools, and a statement of the number of children of school age in the state, with as much accuracy as possible. Such report shall be kept in the State School Superintendent's office and shall be available for public inspection during reg ular business hours. Copies of the report or portions of the report shall be made avail able on request. (4) Any school or school system that is accredited by the Southern Association of Col leges and Schools shall be exempt from the comprehensive evaluation required by par agraph (1) of this subsection. All such accreditation reports shall be kept on file with the Department of Education in lieu of the comprehensive evaluation, including any follow-up reports. Any such school or school system that is in a probationary status shall file all corrective plans, designed in conjunction with the accrediting agency, with the Department of Education. Any school or school system that shall lose accredita tion will be subject to the comprehensive evaluation specified in paragraph (1) of this subsection."
SECTION 4. 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," is amended by adding immedi ately following Code Section 20-2-751 a new Code section to read as follows:
"20-2-751.1.
(a) As used in this Code section, the term 'disciplinary order' means any order of a local school system which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is sub ject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school system's disciplinary order upon receiving a cer tified copy of such order 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. (c) A local school system may request another school system whether any disciplinary order has been imposed by the other system upon a student who is seeking to enroll or is enrolled in the requesting system. If such an order has been imposed and is still in effect for such student, the requested system shall so inform the requesting system and shall provide a certified copy of the order to the requesting system."
SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Representative Buckner of the 95th moved that the House adopt the report of the Committee of Conference on HB 145.
On the motion, 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 Crews Culbreth
Y Cummings N Davis, G N Davis, M N Day Y DeLoach, B Y DeLoach, G Y Dix Y Dixon, H

N Hugley Y Irvin Y James
Jamieson Y Jenkins
Johnson, G Y Johnson, J Y Johnston Y Jones N Joyce

Y Parham Y Parrish Y Parsons N Pelote Y Perry Y Pinholster Y Polak
Porter Y Poston Y Powell

Y Smith, W N Smyre Y Snelling Y Snow Y Stallings Y Stancil, F Y Stancil, S N Stanley, L N Stanley, P Y Stephenson

FRIDAY, MARCH 17, 1995

2611

Birdsong Bordeaux Bostick Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush N Buck Y Buckner Y Bunn Y Burkhalter Y Byrd Y Campbell N Canty Y Carter Y Chambless Y Channel! N Childers Y Coker Y Coleman, B N Coleman, T
Y Connell Y Cox Y Crawford

Y Dixon, S Y Dobbs Y Ehrhart N Epps Y Evans Y Falls
Y Felton Y Floyd Y Godbee Y Golden Y Goodwin N Greene Y Grindley Y Hanner Y Harbin Y Harris Y Hart N Heard Y Heckstall Y Hegstrom Y Hembree Y Henson Y Holland
Y Holmes Y Howard Y Hudson

Y Kaye Y Kinnamon Y Klein Y Ladd Y Lakly Y Lane
Y Lawrence Y Lee Y Lewis Y Lifsey
Lord Y Lucas
Madden N Mann Y Martin N McBee Y McCall N McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley
Y Mueller N O'Neal Y Orrock

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

Y Streat N Taylor N Teague Y Teper N Thomas Y Tillman
Y Titus Y Towery Y Trense N Turnquest N Twiggs Y Walker, L Y Walker, R.L
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 motion, the ayes were 130, nays 30. The motion prevailed.

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.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HB 154

The Committee of Conference on HB 154 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 154 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Jack Hill Senator, 4th District

/s/ Charlie Smith, Jr. Representative, 175th District

Richard 0. Marable Senator, 52nd District

/s/ John Godbee Representative, 145th District

/s/ Sallie Newbill Senator, 56th District

/s/ Kathy B. Ashe Representative, 46th District

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 for contracts and policies; to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to training for members of

2612

JOURNAL OF THE HOUSE,

local boards of education, so as to change the provisions relating to the entities conducting training workshops; 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 who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Educa tion, Department of Education, Professional Standards Commission, or requirements of local policy or job description."
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 Commissionj but not including 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, 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. (2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such con tract, that school administrator may not be demoted except as provided in the other subsections of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940, but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this para graph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection. (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. (4) Notwithstanding the other provisions of this subsection, a local board of education

FRIDAY, MARCH 17, 1995

2613

may, as part of its personnel policies, adopt or modify a tenure policy which may include the same policies and procedures for the nonrenewal of contracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section. Before any adoption or modification of a tenure policy, the local board shall hold a public hearing after at least 30 days' notice published in the local legal organ."
SECTION 4. Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to training for members of local boards of education, is amended by striking subsection (b) thereof and inserting in its place the following:
"(b) All new members of governing boards of local units of administration shall, before or within one year after assuming office, receive orientation to the educational program objectives of Georgia and instruction in school finance; school law, with special emphasis on the 'Quality Basic Education Act'; responsiveness to the community; the ethics, duties, and responsibilities of local governing board members; annual performance evalu ation of the school superintendent and the local board of education; and such other topics as the State Board of Education may deem to be necessary. All members of boards of local units of administration are required to participate in at least one day of training annually to ensure the effective management and operation of local units of administration. The Georgia Education Leadership Academy is authorized, in coopera tion with the Georgia School Boards Association or other agencies or associations, to conduct workshops annually to provide such instruction and to present to each board member completing such annual workshop for the first time an appropriate certificate. The Georgia Education Leadership Academy shall adopt such procedures as may be nec essary to verify the attendance at such annual workshops of veteran members of boards of local units of administration. All boards of local units of administration are autho rized to pay such board members the same per diem as authorized by local or general law for attendance at regular or special meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such workshops, either before or after such board members assume office."
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.

Representative Smith of the 175th moved that the House adopt the report of the Committee of Conference on HB 154.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe N Bailey
Baker Y Bannister Y Barfoot Y Bargeron Y Barnard Y Barnes N Bates N Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove Y Brooks, D N Brooks, T
Brown, G Y Brown, J Y Brush N Buck Y Buckner
N Bunn

Y Crews Culbreth
N Cummings N Davis, G Y Davis, M Y Day N DeLoach, B Y DeLoach, G Y Dix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart
Epps Y Evans N Falls Y Felton Y Floyd Y Godbee N Golden Y Goodwin
N Greene

N Hugley Y Irvin N James
Jamieson N Jenkins Y Johnson, G Y Johnson, J Y Johnston N Jones Y Joyce Y Kaye Y Kinnamon Y Klein
Ladd N Lakly N Lane Y Lawrence N Lee Y Lewis Y Lifsey N Lord
N Lucas

Y Parham Y Parrish Y Parsons N Pelote N Perry Y Pinholster Y Polak N Porter N Poston N Powell Y Purcell, A Y Purcell, B N Randall N Randolph N Ray N Reaves Y Reichert N Roberts N Rogers
Royal Y Sanders
Y Sauder

Y Smith, W N Smyre Y Snelling N Snow Y Stallings N Stancil, P Y Stancil, S N Stanley, L N Stanley, P Y Stephenson
Streat N Taylor N Teague Y Teper N Thomas N Tillman N Titus Y Towery Y Trense N Turnquest N Twiggs
Y Walker, L

2614

JOURNAL OF THE HOUSE,

Y Burkhalter NByrd Y Campbell N Canty Y Carter N Chambless Y Channel! N Childers Y Coker Y Coleman, B
Coleman, T Y Connell YCox Y Crawford

Y Grindley N Hanner Y Harbin Y Harris
NHart N Heard N Heckstall N Hegstrom Y Hembree Y Henson N Holland Y Holmes N Howard Y Hudson

Maddox YMann Y Martin N McBee Y McCall N McClinton
McKinney N Mills
Mobley, B N Mobley, J Y Mosley N Mueller N O'Neal
Orrock

N Scoggins Y Shanahan
NShaw Y Sherrill Y Shipp Y Simpson Y Sinkfield
Skipper
Y Smith, C Y Smith, C.W N Smith, L Y Smith, P N Smith, T Y Smith, V

On the motion, the ayes were 95, nays 67. The motion prevailed.

N Walker, R.L YWall
Y 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 Falls of the 125th stated that she inadvertently voted "nay" on the preceding roll call. She wished to be recorded as voting "aye" thereon.

HR 319. By Representative Reichert of the 126th: A resolution compensating Five Star Dodge, Inc.
The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 319

The Committee of Conference on HR 319 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 319 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

M Charles C. Clay Senator, 37th District

/s/ Gerald Greene Representative, 158th District

/s/ Richard 0. Marable Senator, 52nd District

/s/ Robert A.B. Reichert Representative, 126th District

/s/ S. Guy Middleton Senator, 50th District

/s/ Jimmy Skipper Representative, 137th District

A RESOLUTION
Compensating Five Star Dodge, Inc., and Mr. William H. Clark; and for other purposes.
Part 1
WHEREAS, on September 3, 1991, Five Star Dodge, Inc., located in Macon, Georgia, sold a 1991 Mazda pickup truck to Mr. Stephen Thomas; and
WHEREAS, Five Star Dodge, Inc., sent the certificate of origin and title application to the Motor Vehicle Division of the Department of Revenue reflecting that Chrysler Credit Corporation was to be shown as first lien holder on such Mazda pickup truck (ID: JM2UF3135M0141786); and
WHEREAS, Chrysler Credit Corporation should have been shown as the security interest holder on Georgia Certificate of Title Number 23391769; and
WHEREAS, Georgia Certificate of Title Number 23391769 was processed in the name of

FRIDAY, MARCH 17, 1995

2615

Stephen R. Thomas without reflecting Chrysler Credit Corporation as the security interest holder; and
WHEREAS, Mr. Thomas borrowed money from Trust Company Bank of Middle Georgia using the Mazda pickup truck as collateral and a title was issued reflecting Trust Com pany Bank of Middle Georgia as the security interest holder; and
WHEREAS, Mr. Thomas subsequently sold the Mazda pickup truck and the Trust Com pany Bank of Middle Georgia was paid and the lien on the motor vehicle was released; and
WHEREAS, in the meantime around June, 1992, the monthly payments to Chrysler Credit Corporation were suspended and, because the financing agreement was with recourse to the dealer, Chrysler Credit Corporation demanded the balance due on the Mazda pickup truck from Five Star Dodge, Inc.; and
WHEREAS, although the Department of Revenue issued a special certificate of title show ing Stephen Thomas as the owner of and Chrysler Credit Corporation as the first lien holder on the Mazda pickup truck, the purchaser of the truck claimed that the special title showing Chrysler Credit Corporation as the first lien holder could not take precedence over the title previously issued which reflected the lien of Trust Company Bank of Middle Georgia; and
WHEREAS, Five Star Dodge, Inc., was unable to regain possession of the motor vehicle or locate Mr. Thomas and, as a result of the issuance of an incorrect certificate of title on the motor vehicle, has suffered property loss totaling $7,500,00; and
WHEREAS, the loss occurred through no fault or negligence on the part of Five Star Dodge, Inc., and it is only fitting and proper that the company be compensated for its loss.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Revenue is authorized and directed to pay the sum of $7,500.00 to Five Star Dodge, Inc., as compensation to pay off the loan to Chrysler Credit Corporation. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.
Part 2
WHEREAS, in 1985, Mr. William H. Clark became manager of the golf course at the Roosevelt Warm Springs Institute for Rehabilitation which is under the jurisdiction of the Department of Human Resources; and
WHEREAS, such employment was pursuant to a golf course manager's contract which was renewed annually until Mr. Clark suffered a stroke on April 29, 1994; and
WHEREAS, once Mr. Clark suffered his stroke, his position with the golf course was ter minated on August 5, 1994; and
WHEREAS, Mr. Clark has suffered medical expenses and, as a result of being misled about his employment status and the failure of the Roosevelt Warm Springs Institute for Rehabilitation to renew his contract, Mr. Clark has suffered personal injury loss totaling $6,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Human Resources is authorized and directed to pay the sum of $6,000.00 to Mr. William H. Clark as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said department and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence.

Representative Reichert of the 126th moved that the House adopt the report of the

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JOURNAL OF THE HOUSE,

Committee of Conference on HR 319. On the motion, 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 Bostick
Y Breedlove
Y Brooks, D Y Brooks, T
Brown, G Y Brown, J Y Brush YBuck Y Buckner N Bunn Y Burkhalter YByrd
Y Randall Y Randolph
YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal
Y Sanders Y Sauder
;gms Y Shanahan

Y Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers Y Coker
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 Y Dixon, H Y Dixon,S Y Dobbs
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 Ehrhart YEpps Y Evans Y Falls Y Felton Y Floyd YGodbee Y Golden Y Goodwin Y Greene Y Grindley Y Banner Y Harbin Y Harris YHart Y Heard
Heckstall Y Hegstrom Y Hembree Y Henson Y Holland Y Holmes Y Howard Y Hudson
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

On the motion, the ayes were 159, nays 1. The motion prevailed.

Y Hugley Irvin
Y 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
Maddox YMann 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 Martin Y McBee Y McCall Y McClinton
McKinney Y Mills
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 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 Bill of the Senate was taken up for the purpose of considering the Senate's appointment of a Committee of Conference thereon:

SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.

Representative Bordeaux of the 151st moved that the House adhere to its position in disagreeing to the Senate amendment to the House amendment to SB 430 and that a Committee of Conference be appointed on the part of the House to confer with a like com mittee on the part of the Senate.
The motion prevailed.

The Speaker has appointed as a Committee of Conference on the part of the House the following members:

FRIDAY, MARCH 17, 1995

2617

Representatives Thomas of the 148th, Bordeaux of the 151st and Pelote of the 149th.

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

SB 32. By Senators Scott of the 36th, Ray of the 19th, Gillis of the 20th, Starr of the 44th and Clay of the 37th:
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.

The following Senate amendment was read:

Amend the House amendments to SB 32 as follows:
(1) Accept the House amendment (the DeLoach amendment as amended by the Ray amendment) with the following additional amendment to this House amendment:
(a) Amend this House amendment by striking the words "for a lateral expansion" on lines 8 and 9 of page 1; by striking the words "a municipal solid waste landfill or for" on lines 9 and 10 of page 1; by inserting the word "untreated" before the word "munici pal" on line 10 of page 1; and by striking the symbol and words ", which has a ground surface area of 75 square miles or less" on lines 15 and 16 of page 1.
(b) Further amend this House amendment by adding at the end thereof the following:
"By adding after the word 'to' on line 3 of page 1 the following:
'provide for regulations with respect to the siting of certain solid waste facilities; to restrict the application of certain sludge in certain areas; to restrict the location of facilities adjacent to certain bombing range facilities; to'".
(2) Accept the Dobbs amendment (AM 14 0191).
(3) Strike in its entirety the Breedlove amendment; and
(4) Strike in its entirety the Lakly amendment (AM 14 0194).

Representative Sinkfield of the 57th moved that the House agree to the Senate amendment, to the House amendment, to SB 32.
On the motion, the roll call was ordered and the vote was as follows:

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

N Crews
Y Culbreth N Cummings
Y Davis, G N Davis, M N Day Y DeLoach, B N DeLoach, G N Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart

Y Hugley N Irvin Y James Y Jamieson Y Jenkins N Johnson, G N Johnson, J N Johnston Y Jones Y Joyce Y Kaye N Kinnamon N Klein

Y Parham Y Parrish
N Parsons Y Pelote N Perry Y Pinholster Y Polak Y Porter Y Poston
Powell Y Purcell, A N Purcell, B Y Randall

Y Smith, W Y Smyre N Snelling N Snow Y Stallings Y Stancil, F Y Stancil, S Y Stanley, L Y Stanley, P Y Stephenson
Y Streat Y Taylor Y Teague

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JOURNAL OF THE HOUSE,

N Breedlove N Brooks, D Y Brooks, T Y Brown, G N Brown, J N Brush YBuck Y Buckner N Bunn Y Burkhalter YByrd N Campbell
Y Canty Y Carter Y Chambless Y Channell Y Childers
Coker N Coleman, B Y Coleman, T Y Connell YCox N Crawford

YEpps Y Evans N Falls N Felton N Floyd Y Godbee
Y Golden N Goodwin Y Greene N Grindley Y Banner
N Harbin Y Harris YHart Y Heard Y Heckstall Y Hegstrom N Hembree
Y Henson Y Holland Y Holmes Y Howard N Hudson

Ladd N Lakly NLane N Lawrence YLee N Lewis N Lifsey
Lord Y Lucas
Maddox N Mann Y Martin Y McBee N McCall Y McClinton
Y McKinney N Mills
Mobley, B N Mobley, J
Y Mosley N Mueller N O'Neal Y Orrock

Y Randolph YRay Y Reaves N 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 N Smith, P Y Smith, T N Smith, V

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

On the motion, the ayes were 101, nays 68.
The motion prevailed. The following Bills and Resolution of the House and Senate were taken up for the purpose of considering the reports of the Committees of Conference thereon:

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.

The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON HR 277

The Committee of Conference on HR 277 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HR 277 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ Charles C. Clay Senator, 37th District

/s/ Gerald Greene Representative, 158th District

/s/ Richard 0. Marable Senator, 52nd District

/s/ Jimmy Skipper Representative, 137th District

/s/ S. Guy Middleton Senator, 50th District

/s/ Robert A.B. Reichert Representative, 126th District

A RESOLUTION
Compensating Mr. Robert T. Cramer; and for other purposes.
WHEREAS, on June 1, 1993, Mr. Robert T. Cramer fell in a puddle of water on the premises of the Georgia State Farmers' Market on Eisenhower Parkway in Macon, Geor gia, and fractured his pelvis, sustained compression fractures of his spine, and suffered bruises and abrasions; and

FRIDAY, MARCH 17, 1995

2619

WHEREAS, Mr. Cramer's out of pocket expenses relating to his injuries were in excess of $13,000.00; and
WHEREAS, Mr. Cramer's injuries and loss occurred through no fault or negligence on the part of Mr. Cramer, and it is only fitting and proper that he be compensated for his travel expenses for medical treatment.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the Department of Agriculture is authorized and directed to pay the sum of $5,000.00 as compensation to Mr. Cramer for his injuries as referred to above. Said sum shall be paid from funds appropriated to or otherwise available to said department and shall be full and complete satisfaction of all claims against the state arising out of the same occurrence.

Representative Reichert of the 126th moved that the House adopt the report of the Committee of Conference on HR 277.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Y Bailey Y Baker Y Brooks, T Y Brown, G Y Brown, J Y Brush
Buck Y Buckner YBunn Y Burkhalter
YByrd Y Campbell Y Canty Y Carter Y Chambless Y Channell
Y Childers Coker
Y Coleman, B Y Coleman, T Y Connell YCox
Crawford Y Crews
Culbreth Y Cummings Y Davis, G Y Davis, M YDay
DeLoach, B Y DeLoach, G YDix
Dixon, H
Y Dixon, S Y Dobbs

Y Bannister Y Barfoot Y Bargeron 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 Barnard Y Barnes Y Bates 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
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 Benefield Birdsong
Y Bordeaux 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
Scoggins Y Shanahan YShaw Y Sherrill Y Shipp Y Simpson
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

Bostick Y Breedlove
Y Brooks, D Snow
Y Stalling Y Stancil, F Y Stancil, S
Stanley, L Stanley, P Stephenson Y Streat Y Taylor YTeague Teper 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
Y White Y Wiles
Williams, B Y Williams, J Y Williams, R
Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 153, nays 0. The motion prevailed.

SB 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties, compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.

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The following report of the Committee of Conference was read:

COMMITTEE OF CONFERENCE REPORT ON SB 430

The Committee of Conference on SB 430 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 430 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

1st Diane Harvey Johnson Senator, 2nd District

/s/ Regina Thomas Representative, 148th District

/s/ Eric Johnson Senator, 1st District

/s/ Dorothy B. Pelote Representative, 149th District

/s/ Rene' D. Kemp Senator, 3rd District

/a/ Tom Bordeaux Representative, 151st District

A BILL
To amend an Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the posi tion of town administrator and provide for their appointment, powers, duties, compensa tion, and removal; to change the provisions relating to the municipal court, the judge thereof, the powers and jurisdiction thereof, and punishments which may be imposed therein; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. An Act creating a new charter for the Town of Thunderbolt, approved March 25, 1974 (Ga. L. 1974, p. 3269), as amended, is amended by striking Section 5 of said Act and inserting in lieu thereof a new Section 5 to read as follows:
"SECTION 5. Mayor; powers; compensation. (a) The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town and the chief advocate of pol icy; (3) Have power to administer oaths and to take affidavits; (4) Sign on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; and (5) Fulfill such other executive and administrative duties as the town council shall establish by ordinance. (b) The salary of the mayor and the time and method of payment shall be fixed by the town council, but said salary shall not exceed $2,400.00 per year."
SECTION 2. Said Act is further amended by striking Section 7 of said Act and inserting in lieu thereof a new Section 7 to read as follows:

FRIDAY, MARCH 17, 1995

2621

"SECTION 7. Town clerk. The town council shall appoint a town clerk. The person so appointed shall not be a member of the council. The town clerk shall be the custodian of the official town seal, shall maintain the records of the town, and shall perform such other duties as may be required by the council. The town clerk shall serve at the pleasure of the council and the compensation of the town clerk shall he fixed by the council."
SECTION 3. Said Act is further amended by adding, following Section 7, a new Section 7.1 to read as follows:
"SECTION 7.1. Town administrator. (a) There shall be a town administrator who shall be nominated by the mayor and elected by a majority vote of the town council for an indefinite term of office. The com pensation of the town administrator shall be fixed by the town council. The town administrator shall be selected solely on the basis of executive and administrative quali fications, and the person so selected need not be a resident of the town. (b) The town council may remove the town administrator from office in accordance with the following procedures: (1) The town council shall adopt by affirmative vote of a majority of all of its mem bers a preliminary resolution which must state the reasons for removal and may sus pend the town administrator from duty for a period not to exceed 45 days, but the town council shall in any case cause to be paid forthwith to the town administrator any unpaid balance of the town administrator's salary and accumulated annual leave and the town administrator's salary for the next three calendar months following adoption of the preliminary resolution, unless the town administrator is removed for malfeasance, misfeasance, or nonfeasance in office, in which event the salary of the town administrator for the next three months shall not be paid. A copy of the resolu tion shall be delivered promptly to the town administrator; (2) Within ten days after a copy of the resolution is delivered to the town administra tor, such person may file with the town council a written request for a public hearing. Such hearing shall be held not less than 20 and not more than 30 days after the request is filed. The town administrator may file with the council a written reply not later than five days prior to the hearing; (3) If the town administrator has not requested a hearing within the time specified in paragraph (2) of this subsection, the town council may adopt a final resolution for removal, which may he made effective immediately, by an affirmative vote of a major ity of all of its members. If the town administrator requests a hearing and after the full consideration of all evidence and testimony introduced at such hearing, the town council may adopt a final resolution for removal if it finds that sufficient grounds exist for the removal of the town administrator. Such final resolution for removal must be adopted by an affirmative vote of a majority of all members of the town council and may be made effective immediately upon its adoption; and (4) The town administrator shall continue to receive the town administrator's com pensation until the effective date of a final resolution for removal. (c) The town administrator shall be the chief administrative officer of the town and shall be responsible to the town council for the administration of all town affairs placed in the town administrator's charge by this charter or by action of the town council. The town administrator shall: (1) Appoint and, when the town administrator deems it necessary for the good of the town, suspend or remove all town employees and administrative officers the town administrator appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. Except as otherwise provided in this charter or by ordinance of the town council, the town administrator shall make recommendations to the town council concerning the compensation of employees who are under the super vision and direction of the town administrator, but the establishment of such compen-

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sation shall be within the power and discretion of the town council. The town administrator may authorize any administrative officer who is subject to the town administrator's direction and supervision to exercise the powers of the town adminis trator with respect to subordinates in that officer's department, office, or agency; (2) Direct and supervise the administration of all departments, offices, and agencies of the town, except as otherwise provided by this charter or by law; (3) Attend all meetings of the town council and have the right to take part in discus sion, but the town administrator may not make motions or vote;
(4) See that all laws, provisions of this charter, and acts, ordinances, and resolutions of the town council which are subject to enforcement or execution by the town admin istrator or by officers or employees subject to the town administrator's direction and supervision are faithfully executed;
(5) Prepare and submit the annual operating budget and capital budget to the town council;
(6) Submit to the town council and make available to the public a complete report on the finances and administrative activities of the town as of the end of each fiscal year; (7) Make such other reports as the town council may require concerning the operation of town departments, offices, and agencies subject to the town administrator's direc tion and supervision;
(8) Keep the town council fully informed and advised as to the financial condition and future needs of the town and make such recommendations to the town council concerning the affairs of the town as the town administrator deems desirable; (9) Appoint, subject to the approval of the town council, a qualified administrative officer to exercise the powers of the town administrator during the temporary absence or disability or the town administrator by filing a letter for such purpose with the
town clerk; and (10) Perform such other duties and exercise such other powers as are required by the town council. (d) Except for the purpose of inquiries and investigations, the mayor and town council or its members shall deal with town officers and employees who are subject to the direc tion and supervision of the town administrator solely through the town administrator, and the mayor, the town council, or the members of the town council shall not give orders to any such officer or employee, either publicly or privately."

SECTION 4. Said Act is further amended by striking Section 25 of said Act and inserting in lieu thereof a new Section 25 to read as follows:

"SECTION 25. Municipal officers and employees. The town council, by majority vote of the mayor and council, shall elect any or all of the following municipal officers: Tax collector, tax receiver, tax commissioner, registrar, members of authorized municipal agencies and commissions, chief of police, town mar
shal, judge of the municipal court, judge pro tempore, clerk of the court, administrative clerks of the court, town physician, town attorney, superintendent of waterworks and sewerage, street superintendent, superintendent of utilities, superintendent of the public
works department, town clerk, and town administrator. Except as otherwise provided in this charter or by ordinance, other employees of the town shall be employed or appointed by the town administrator as provided in Section 7.1 of this charter. The
town council may designate if it so desires that one person shall hold more than one of the offices or positions which it may create by ordinance. The council shall fix the compensation, prescribe the duties, and specify the term of employment of each person whom it shall employ; provided, however, that if the town council fails to state the term
of employment, such employee so appointed or elected by the council shall serve only for and during the pleasure of the town council and may be removed by it from office or employment at the council's pleasure, with or without cause or notice."

FRIDAY, MARCH 17, 1995

2623

SECTION 5.

Said Act is further amended by striking subsection (b) of Section 30 of said Act and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The judge shall have the power to impose fines, costs, and forfeitures for the viola tion of any law or any ordinance of the Town of Thunderbolt passed in accordance with this charter. The court shall have the authority to punish those in its presence for con tempt, provided that such punishment shall not exceed a fine of $500.00 or six months in jail or any combination thereof. The court may fix punishment for offenses within its jurisdiction as provided in subsection (c) of Code Section 36-31-1 of the Official Code of Georgia Annotated or any other law of this state. The judge of such court shall have such other powers as provided for in Chapter 31 of Title 36 of the Official Code of Geor gia Annotated or any other general law of this state. The judge shall be to all intents and purposes a magistrate so far as to enable the judge to issue warrants for offenses committed within the limits of the Town of Thunderbolt, which warrants may be exe cuted by any officer of said town, and to admit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent juris diction. The court shall also have concurrent jurisdiction with that of the magistrate court over offenses against the criminal laws of the state committed within the corporate limits. Except as may be otherwise specified in this charter, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the Town of Thunderbolt. The court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to municipal courts, particularly such laws as authorize the abatement of nuisances. The judge is authorized to administer oaths."

SECTION 6. All laws and parts of laws in conflict with this Act are repealed.
Representative Thomas of the 148th moved that the House adopt the report of the Committee of Conference on SB 430.
On the motion, the ayes were 110, nays 0. The motion prevailed.
The Speaker Pro Tern assumed the Chair.
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-

The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 601
The Committee of Conference on HB 601 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 601 be adopted.

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JOURNAL OF THE HOUSE,

Respectfully submitted,

FOR THE SENATE:
Is/ Johnny Isakson Senator, 21st District
Is/ Steve Thompson Senator, 33rd District
/s/ Richard O. Marable Senator, 52nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Mike Snow Representative, 2nd District
/s/ Lynda Coker Representative, 31st District
/s/ Bob Lane Representative, 146th District

A BILL
To amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, so as to provide for access and use of such public facilities by persons with disabilities; to provide for policy and intent; to change certain definitions; to provide for rules and regulations of the Safety Fire Commissioner which shall meet the Americans with Disabilities Act Accessibility Guide lines for Buildings and Facilities; to require certain buildings and facilities receiving per mits for construction or renovation after July 1, 1995, to comply with such rules and regulations; to provide for editorial revisions; to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change certain definitions; to change a reference; to amend Title 34 of the Official Code of Georgia Anno tated, relating to labor and industrial relations, so as to change the provisions of the "Georgia Equal Employment for the Handicapped Code"; to change certain references to handicapped persons; to provide for persons with disabilities; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for five-year registration and license plates for vehicles owned by the State of Georgia and its political subdivisions; to provide for exceptions; to change the provisions relating to special license plates for disabled persons; to change the provisions relating to handi capped indentification cards; to change certain references to handicapped persons; to pro vide for cards for persons with disabilities; to change the provisions of the "Handicapped Parking Law"; to change certain references to handicapped persons; to provide for parking places for persons with disabilities; to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the definition of certain terms; to change references to handicapped person; to provide for persons with disabilities; to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change the provisions relating to the exemption of motor vehi cles used for transporting handicapped or disabled students to or from educational institu tions; to amend Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational rehabilitation services, so as to change certain definitions applicable to said chapter; to amend various sections of the Code to change references to "handicap," "hand icaps," "handicapped," "the handicapped," "handicapped person," "handicapped persons," and "handicapping"; to provide for persons with disabilities; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by handicapped persons, is amended by striking said chapter in its entirety and inserting in lieu thereof a new Chapter 3 to read as follows:

FRIDAY, MARCH 17, 1995

2625

"CHAPTER 3
30-3-1.
The provisions of this chapter are enacted to further the policy of the State of Georgia to encourage and enable handicapped persons with disabilities or elderly persons to par ticipate fully in the social and economic life of Georgia and to encourage and promote their education and rehabilitation. It is the intent of this chapter to eliminate, insofar as possible, unnecessary physical barriers encountered by handicapped persons with dis abilities or elderly persons whose ability to participate in the social and economic life of this state is needlessly restricted when such persons cannot readily use government buildings, public buildings, and facilities used by the public.
30-3-2.
As used in this chapter, the term: (1) 'ADAAG' means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities issued by the United States Architectural and Transportation Barriers Compliance Board as set forth in the Federal Register. {1}(2} 'Adaptable' is further explained as follows: (A) Adaptable refers to features provided for but not actually installed. Such adapt ability makes it possible for the feature required by AN8I A117.1 Standard ADAAG to be added for the occupant without major structural alteration; (B) Items not installed at the time of construction under the adaptable provisions of ANSI A117.1 Standard ADAAG, and items installed which might need to be removed to provide access, must be installed or removed by the owner at the owner's expense when the dwelling is rented to a handicapped person with disabili ties, within 30 days after his or her application for occupancy is approved by the owner. {2%3J 'American National Standards Institute specifications (ANSI standards)' means sections 3 and 4 of the American National Standards Institute specifications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals with disabilities.
(4) 'Commissioner' means the Safety Fire Commissioner provided for in Chapter 2 of Title 25. (2.1)(5) 'Covered multifamily dwelling' means a building which had first occupancy after March 31, 1993, and consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator. {3)^6] 'Facilities' shall include, but is not limited to, walkways, sidewalks, curbings, parking lots, parks, stadiums, coliseums, and any other manmade or developed area used by the public. {4)7} 'Government buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped persons with disabilities or elderly persons may be employed, that are constructed, leased, or renovated in whole or in part by use of state, county, or municipal funds or the funds of any political subdivisions of the state, and, to the extent not required otherwise by federal law or regulations and not beyond the power of the state to regu late, all buildings and structures used by the public which are constructed or reno vated in whole or in part by use of federal funds. {6)(8) 'Public buildings' means all buildings, structures, streets, sidewalks, walkways, and access thereto, which are used by the public or in which handicapped persons with disabilities or elderly persons may be employed, that are constructed or reno vated by the use of private funds, including rental apartment complexes of 20 units or more and temporary lodging facilities of 20 units or more, but excluding covered multifamily dwellings; provided, however, that this chapter shall require fully accessi ble or adaptable units in only 2 percent of the total rental apartments, or a minimum of one, whichever is greater, and this chapter shall apply to only 5 percent of the total temporary lodging units, or a minimum of one, whichever is greater; provided1 further, that this chapter shall not apply to a private single-family residence or to duplexes

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or any complex containing fewer than 20 units, or to residential condominiums. Fifty percent of the fully accessible or adaptable rental apartment units required by this paragraph shall be adaptable for a roll-in shower stall. (9) 'Reasonable number' for all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1995, as used in Code Section 30-3-4, shall mean the minimum number as established by ADAAG. {6}(10) 'Reasonable number' for all government buildings, public buildings, and facili ties receiving permits for construction or renovation after July lj 1987, but before July lj 1995, as used in Code Section 30-3-4 shall be defined for each of the following stan
dards to mean: (A) 'Accessible parking spaces for persons with disabilities (ANSI 4.6.1) in a reason able number' shall be determined as follows:

Total number of parking spaces

Number of designated handicapped accessible
parking spaces

1-400

A minimum number of 1 space or 2 percent of the total provided, whichever is greater

401 and greater

8 spaces plus 1 percent

of the total provided

provided above 401

(B) 'Accessible entrances (ANSI 4.14) in a reasonable number' means that all pri

mary entrances usually considered as major points of pedestrian flow must be acces

sible to and usable by handicapped persons with disabilities^

(C) 'Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms (ANSI

4.22) in a reasonable number' means that for every floor which is to be made acces

sible to and usable by handicapped persons with disabilities at least one toilet room,

bathroom, bathing facility, and shower room at a reasonable location shall conform

to ANSI 4.22i and;

(D) 'Accessible seating, tables, and work surfaces (ANSI 4.30) in a reasonable num

ber' means the following:

Number of accessible

Total number

spaces required

Up to 50

2 spaces for wheelchair users adjacent to each other

51-400

4 spaces including 2 adjacent to each other

401 and above

An even number of

spaces not less than 1

percent of the total

number located

throughout all price

ranges or locations,

or both

ffl(ll) 'Renovation' means:

(A) If any specific component of an elevator is replaced or moved from its existing

location to a different location, then the specific component shall be required to

meet the ANSI A117.1 Standard, as specified in this Code section, as it applies to

that specific component, including an accessible route as defined in the ANSI

A117.1 Standard;

(B) Any component of a building, structure, or facility, which is replaced, except for

the purpose of repair, or moved, shall be required to meet the ANSI A117.1 Stan-

FRIDAY, MARCH 17, 1995

2627

dard as specified in this Code section, including an accessible route as defined in the ANSI A117.1 Standard; or (C) The resurfacing, restriping, or repainting of any parking facility, whether or not such resurfacing, restriping, or repainting is required to have a permit from the appropriate political subdivision.
30-3-3.
All government buildings, public buildings, and facilities receiving permits for construc tion or renovation after July lj 1995, shall comply with the rules and regulations adopted by the Commissioner which meet ADAAG and establish the minimum state standards for accessibility. All government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1984, but before July 1, 1987, shall comply with the American National Standards Institute specifications A117.1-1980 or A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people with disabilities except as otherwise provided in para graph {} (10) of Code Section 30-3-2; and all government buildings, public buildings, and facilities receiving permits for construction or renovation after July 1, 1987, but before July lj 1995, shall comply with the American National Standards Institute speci fications A117.1-1986 for making buildings and facilities accessible to and usable by physically handicapped people with disabilities except as otherwise provided in para graph {6) (10) or subparagraph (C) of paragraph f?) (11) of Code Section 30-3-2; pro vided, however, that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an acces sible route between floor levels; provided, further, that the Safety Fire Commissioner or, where applicable, the Board of Regents of the University System of Georgia or the local governing authority having jurisdiction over the buildings in question upon receipt of a sworn written statement from the person who owns or controls the use of any govern ment building, public building, or facility subject to the requirements of this chapter and after taking all circumstances into consideration may determine that full compliance with any particular standard or specification set forth in this chapter is impractical, whereupon there shall be substantial compliance with the standards or specifications to the maximum extent practical and, within 45 days of such determination, a written record shall be made by the Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in ques tion, setting forth the reasons why it is impractical for the person subject to this chapter to comply fully with the particular standard or specification and also setting forth the extent to which the government building, public building, or facility shall conform with the standard or specification. The Safety Fire Commissioner or, where applicable, the board of regents or the local governing authority having jurisdiction over the buildings in question shall be responsible for making a final determination as to whether or not an exemption shall be granted.
30-3-4. 30-3-37*7
(a) Covered multifamily dwellings constructed for first occupancy after March 31, 1993, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this Code section, a covered multifamily dwelling shall be deemed to be designed and constructed for first occupancy on or before March 31, 1993, if it is occupied by that date or if the last building permit or renewal thereof for the covered multifamily dwellings is issued by a local government on or before January 31, 1993. The burden of establishing impracticality because of terrain or unusual site char acteristics shall be in accordance with the guidelines established under the federal Fair Housing Amendments Act of 1988, Public Law 100-430. (b) All covered multifamily dwellings constructed for first occupancy after March 31, 1993, with a building entrance on an accessible route shall be designed and constructed:
(1) In such a manner that: (A) The public and common use areas are readily accessible to and usable by httnelicappcd persons with disabilities;

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(B) All the doors designed to allow passage into and within all premises are suffi ciently wide to allow passage by handicapped persons with disabilities in wheelchairs; and (C) All premises within covered multifamily dwelling units contain the following features of adaptable design:
(i) An accessible route into and through the covered dwelling unit; (ii) Light switches, electrical outlets, thermostats, and other environmental con trols in accessible locations; (iii) Reinforcements in bathroom walls to allow later installation of grab bars around the toilet, tub, shower stall, and shower seat, where such facilities are pro vided; and (iv) Usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space; or (2) To conform to the appropriate standards and requirements of Code Sections 30-3-3 and 36-8-4 30-3-5.
oQ-o-5. 30"o 4,
All government buildings, public buildings, and facilities receiving permits for construc tion or renovation after July 1, 1987, but before July lj 1995, shall comply with the American National Standards Institute specifications All".1-1986 for making buildings and facilities accessible to and usable by physically handicapped individuals with dis abilities, except as otherwise provided in paragraph {6} (10) and subparagraph (C) of paragraph 7} (11) of Code Section 30-3-2 and except that nothing in this Code section is intended to require the addition of an elevator where none exists or is planned, solely for the purpose of providing an accessible route between floor levels and, without limit ing the generality of the foregoing, shall provide the following amenities for handicapped persons with disabilities, as appropriate:
(1) Accessible parking spaces in a reasonable number of which not less than 30 per cent of or a minimum of one, whichever is greater, shall have an aisle width in compli ance with American National Standards Institute specifications A117.1-1986 (A4.6.2); (2) Accessible entrances in a reasonable number; (3) Accessible toilet rooms, bathrooms, bathing facilities, and shower rooms in a rea sonable number; and (4) Accessible seating, tables, and work surfaces in a reasonable number.
30-3-6. 30 3 4.1. (a) In addition to any other requirement under this chapter, all parking lots for more than 40 vehicles receiving permits for construction after July 1, 1987, but before July lj 1995, shall include at least one parking space for handicapped persons with disabili ties accessible to a passenger van having an overall height not exceeding 108 inches, with additional side-loading mechanism clearance in compliance with American National Standards Institute specifications A117.1-1986 (A4.6.2); and each such parking space shall be at a grade not exceeding 2 percent and shall not require the use of an unat tended fare gate mechanism which blocks access to or exit from such space unless gateopening mechanisms are provided at a height accessible to a van driver. (b) Compliance with this Code section may be waived under the same conditions as pro vided in Code Section 30-3-3.
OA O 7 OA O C OU-O" I . UU U U.
(a)(l) Except for buildings under the jurisdiction of the Board of Regents of the Uni versity System of Georgia, all buildings subject to the jurisdiction of the Safety Fire Commissioner pursuant to Code Section 25-2-12 and subsection (c) of Code Section 25-2-13 shall be subject to the jurisdiction of the Safety Fire Commissioner for pur poses of enforcement of this chapter. (2) With respect to any such building, the Safety Fire Commissioner shall have the following powers and duties:
(A) No such building shall be built in this state by any private person or corpora tion or public entity unless it conforms to the requirements of Code Sections 30-3-3 and 30 3-4 30-3-5 and its plans and specifications have been approved by the Com missioner as provided in this subparagraph. All plans and specifications shall iden-

FRIDAY, MARCH 17, 1995

2629

tify the architect or engineer who prepared them in a manner acceptable to the
Commissioner. The Commissioner shall approve the plans and specifications only if they conform to the requirements of this chapter. The Commissioner shall not require any additional fee for each submission of plans or specifications other than the standard fee required by Code Section 26-2-14 25-2-4.1. No local governing authority shall issue any building permit for any building subject to this subsection
without proof of the approval required by this subparagraph; (B) In any case where the Commissioner denies approval under subparagraph (A) of this paragraph or an exemption under subparagraph (C) of this paragraph, the
rights and remedies of the person submitting the same shall be those provided by Chapter 13 2 of Title 66 33; the 'Georgia Administrative Procedure Ae; (C) Upon a showing that full compliance with any particular requirement or
requirements is impractical or not necessary to accomplish the purposes of this chapter, the Commissioner may exempt a building from full compliance with the requirement or requirements and approve plans and specifications which do not conform, or which only partially conform, to the requirement or requirements.
(b) The board of regents shall be responsible for the administration and enforcement of this chapter with respect to all buildings and facilities under its jurisdiction. No con struction plans for any such building or facility shall be approved by the board of
regents for any construction within the University System of Georgia unless the building or facility conforms to Code Sections 30-3-3 and 30-3-4 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifications affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said
plans shall constitute a certification that to the best of that person's knowledge, infor mation, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner fol
lowing said plans shall require an architect's or engineer's seal or a certificate of compli ance to be displayed on the plans before starting construction. (c) Local governing authorities shall be responsible for the administration and enforce ment of this chapter with regard to all government and public buildings and facilities which are not under the jurisdiction of the Safety Fire Commissioner or board of regents, pursuant to subsections (a) and (b) of this Code section and which are under the jurisdiction of such local governing authorities. No building permit for any such building or facility shall be approved by any local governing authority for any private person, corporation, partnership, association, or public entity unless the plans and speci fications conform to the requirements of Code Sections 30-3-3 and 30-3-4 30-3-5 and unless the architect or engineer responsible for preparation of said plans and specifica tions affixes that person's seal on such plans. The affixing of the seal of an architect or engineer to said plans shall constitute a certification that to the best of that person's knowledge, information, and belief they have been prepared in conformity with Code Sections 30-3-3 and 30-3-4 30-3-5. A certificate of compliance may be displayed on said plans in lieu of the architect's or engineer's seal. The builder, developer, contractor, or building owner following said plans shall require such a seal or a certificate of compli
ance on the plans before starting construction. All construction plans must display such a certificate of compliance, or a seal provided by the architect or engineer, for all con struction in local governing jurisdictions which do not require building permits. In all
areas where local governing authority building permits are not required, the builder, developer, contractor, or building owner following said plans shall require such an archi tect's or engineer's seal or a certificate of compliance to be displayed on the plans before
starting construction. (d) In the performance of their responsibilities under this chapter, all state rehabilita tion agencies and appropriate elective elected or appointive appointed officials shall be required to cooperate with and assist the Safety Fire Commissioner, the board of
regents, and the appropriate local building code officials or local fire department, or beth any combination thereof, having jurisdiction over the buildings in question. (e) The Safety Fire Commissioner, the board of regents, and the local building code offi
cials or the local fire department, or feeth any combination thereof, having jurisdiction

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over the buildings in question shall from time to time inform, in writing, professional organizations and others of this tew chapter and its application.
(f)(l) The Safety Fire Commissioner, the board of regents, and the local governing authority having jurisdiction over the buildings in question shall have all necessary powers to require compliance with their rules, regulations, and procedures, and modifi cations thereof and substitutions therefor, including powers to institute and prosecute proceedings in the superior court to compel compliance, and shall not be required to pay any entry or filing fee in connection with the institution of such proceedings. (2) No person, firm, or corporation shall be subject to a complaint for not complying with the provisions of subparagraph (C) of paragraph f?) (11) of Code Section 30-3-2 unless 90 days have passed since such person, firm, or corporation has been notified by certified mail of the alleged violation of the provisions of subparagraph (C) of para graph 7} (11) of Code Section 30-3-2. Such notification shall include a warning of an impending complaint if the alleged violation is not corrected before the expiration of the 90 day warning period. The 90 day warning period shall not apply to any structure or facility other than parking lots nor to any part of this chapter other than subpara graph (C) of paragraph fH (11) of Code Section 30-3-2. (g) The Safety Fire Commissioner, the board of regents, and the local governing author ity having jurisdiction over the buildings in question, after consultation with state reha bilitation agencies and other sources as they might determine, are authorized to promulgate such rules, regulations, and procedures as might reasonably be required to implement and enforce their responsibilities under this chapter. Such rules, regulations, and procedures shall not be less restrictive than those established by the Commissioner. (h) The Safety Fire Commissioner, the board of regents, and the local governing author ity having jurisdiction over the buildings in question, after consultation with state reha bilitation agencies, are also authorized to waive any of the standards and specifications presently set forth in this chapter and to substitute in lieu thereof standards or specifi cations consistent in effect to such standards or specifications heretofore adopted by the American Standards Association, Inc.
Any person, firm, or corporation who violates this chapter, or who causes another per son, firm, or corporation to violate this chapter, or who fails or refuses to comply with any regulation promulgated under this chapter shall be guilty of a misdemeanor.

30-3-9. 30-3 7. (a) Any provision of this chapter which affords handicapped persons with disabilities greater access than is required by federal law shall be fully effective. AH standards, apcc iiicfltions, tnd scopm^f PCQUifcmGnts ot triis n6tpr&v m cxistcncc prior TO uuiy TJ JtuuOj which eseeed the federal ADAAG requirements shall be included i regulations promul gated w>def this chapter. (b) Except as otherwise provided in subsection (a) of this Code section, to the extent that the provisions of this chapter are in conflict with the provisions of the federal Fair Housing Amendments Act of 1988, Public Law 100-430, and the regulations and guide lines promulgated pursuant to such federal act, the provisions of such federal act and regulations and guidelines shall control; but nothing in this subsection shall operate to defeat the intention of subsection (a) of this Code section."
SECTION 2. Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, is amended by striking in its entirety Code Section 8-3-201, relating to defini tions applicable to said article, and inserting in lieu thereof a new Code Section 8-3-201 to read as follows:
"8-3-201.
As used in this article, the term: (1) 'Administrator' means the administrator of the Commission on Equal Opportunity created under Article 2 of Chapter 19 of Title 45. (2) 'Aggrieved person' means any person who claims to have been injured by a dis-

FRIDAY, MARCH 17, 1995

2631

criminatory housing practice or who believes that he or she will be irrevocably injured by a discriminatory housing practice that is about to occur. (2.1) 'Board of commissioners' means the Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23 or a panel of three members of said board. (3) 'Complainant' means the person, including the administrator, who files a com plaint under Code Section 8-3-208. (4) 'Conciliation' means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the administrator. (5) 'Conciliation agreement' means a written agreement setting forth the resolution of the issues in conciliation. (6) 'Covered multifamily dwelling' means a building which consists of four or more units and has an elevator or the ground floor units of a building which consists of four or more units and does not have an elevator. (7) 'Disability' means, with respect to a person:
(A) A physical or mental impairment which substantially limits one or more of such person's major life activities;
(B) A record of having such an impairment; or
(C) Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance.
f?}{8^ 'Discriminatory housing practice' means an act that is unlawful under Code Section 8-3-202, 8-3-203, 8-3-204, 8-3-205, or 8-3-222.
{8K9) 'Dwelling' means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
{9)(10) 'Familial status' means, with respect to a person:
(A) That the person is a parent of or has legal custody of one or more individuals who have not attained the age of 18 years and such individuals are being domiciled with such parent or legal custodian; (B) That the person is the designee of a parent or other person having legal cus tody, with the written permission of the parent or other person, and that one or more individuals who have not attained the age of 18 years are being domiciled with such person; or (C) That the person is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. {iOKll) 'Family' includes a single individual. (11) 'Handicap' means, with respect te a person; (A) A physical er mental impairment which substantially limits ee er- mere ef- seek
person's aje* life activities; {B)-A feeerd ef haviag stick aft impairment; e*
1 1 DUl 3UCI1 ICMB QOCS W
current, illegal se ef e* addiction te a controlled substance. (12) 'Person' means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or
fiduciaries. (13) 'Respondent' means:
(A) The person or other entity or the state or local government or agency accused in a complaint of an unfair housing practice; and (B) Any other person or entity identified in the course of an investigation and noti fied as required with respect to respondents so identified under subsection (d) of Code Section 8-3-207. (14) 'State' means the State of Georgia. (15) 'To rent' means to lease, to sublease, to let, and otherwise to grant for a consider ation the right to occupy premises not owned by the occupant."

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SECTION 3. Said article is further amended by striking in its entirety Code Section 8-3-223, relating to compliance with the Fair Housing Amendments Act of 1988 (Pub. L. 100-430), and inserting in lieu thereof a new Code Section 8-3-223 to read as follows:
"8-3-223.
Compliance with the provisions of the Fair Housing Amendments Act of 1988 (Pub. L. 100-430) shall be deemed compliance with the provisions of paragraph {H} (7) of Code Section 8-3-201 and subparagraph (a)(7)(B) of Code Section 8-3-202. In addition, should any provision of this article relating to the treatment of handicapped persons with dis abilities be in conflict with any provision of the Fair Housing Amendments Act of 1988, then the provisions of the latter shall prevail."

SECTION 4. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial rela tions, is amended by striking in its entirety Chapter 6A, known as the "Georgia Equal Employment for the Handicapped Code," and inserting in lieu thereof a new Chapter 6A to read as follows:
"CHAPTER 6A
34-6A-1.
This chapter shall be known and may be cited as the 'Georgia Equal Employment for the Handicapped Persons With Disabilities Code.'
34-6A-2.
As used in this chapter, the term: {3}(D 'Disability' 'Handicap' means any condition or characteristic that renders a per son a handicapped an individual with disabilities but shall not include addiction to any drug or illegal or federally controlled substance nor addiction to the use of alco hol. {1}{2J 'Employer' means a person or governmental unit or officer in this state having in hiSj her, or its employ 15 or more individuals or any person acting as an agent of an employer. (3) 'Individual with disabilities' 'Handicapped individual' means any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities; and who has a record of such impairment. The term 'handicapped individual with disabilities' shall not include any person who is addicted to the use of any drug or illegal or federally controlled substance nor addiction to the use of alcohol. (4) 'Labor organization' means an organization of any kind; agents of such organiza tion; an agency or employee representation committee, group, association, or plan in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment; or a conference, general commit tee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (5) 'Major life activities' means functions such as caring for oneself, performing man ual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (6) 'Persons' means one or more individuals, partnerships, this state, municipalities or other political subdivisions within the state, associations, labor organizations, or corpo rations. (7) 'Physical or mental impairment' means: (A) Any physiological disorder or condition or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, or endocrine; or (B) Mental retardation and specific learning disabilities. (8) 'Substantially limits' means that the impairment so affects a person as to create

FRIDAY, MARCH 17, 1995

2633

a likelihood that such person will experience difficulty in securing, retaining, or advancing in employment because of a handicap disability. (9) 'Unfair employment practice' means an act that is prohibited under this chapter.
34-6A-3.
(a) Nothing in this chapter shall be construed to prevent an employer from making any job related inquiry about the existence of the handicap disability of an applicant for employment and about the extent to which that handicap disability has been overcome by treatment, medication, appliances, or other rehabilitation. (b) Nothing in this chapter shall be construed to prohibit the rejection of an applicant for employment on the basis of:
(1) A handicap disability which interferes with a person's ability to perform assigned job duties adequately; or (2) Any communicable disease, either carried by or afflicting the applicant. (c) Nothing in this chapter shall be construed to prevent or otherwise make illegal any employment decision affecting any person where such decision is based upon an employ er's good faith reliance upon a professional opinion rendered by a licensed physician, rehabilitation specialist, psychologist, physical therapist, dentist, or other similar licensed health care professional concerning that person.
34-6A-4.
(a) No employer shall fail or refuse to hire nor shall any employer discharge or discrimi nate against any handicapped individual with disabilities with respect to wages, rates of pay, hours, or other terms and conditions of employment because of such person's hand ieap disability unless such handicap disability restricts that individual's ability to engage in the particular job or occupation for which he or she is eligible; nor shall any employer limit, segregate, or classify handicapped individuals with disabilities in any way which would deprive or tend to deprive any handicapped individual with disabilities of employ ment opportunities or otherwise affect employee status because of such person's hondicap disability, unless such handicap disability constitutes a bona fide and necessary reason for such limitation, segregation, or classification. This subsection shall not be construed to require any employer to modify his or her physical facilities or grounds in any way or exercise a higher degree of caution for a handicapped an individual with dis abilities than for any person who is not a handicapped an individual with disabilities, nor shall this subsection be construed to prohibit otherwise lawful employment practices or requirements merely because such practices or requirements affect a greater propor tion of handicapped individuals with disabilities than nonhandicappcd individuals with out disabilities within the area from which the employer customarily hires his or her employees. (b) No employment agency, placement service, training school or center, or labor organi zation shall fail or refuse to refer for employment or otherwise discriminate against indi viduals because of their handicap disability. (c) No labor organization shall exclude or expel from its membership or otherwise dis criminate against individuals because of their handicap disability; nor shall a labor orga nization limit, segregate, or classify its membership or classify or fail or refuse to refer for employment any handicapped individual with disabilities in any way which would deprive or tend to deprive any handicapped individual with disabilities of employment opportunities, would otherwise affect such person's employee status or employment applicant status, or would adversely affect such person's wages, hours, or conditions of employment because of such person's handicap disability. (d) No employer, labor organization, or joint labor-management committee controlling apprenticeship programs or other training or retraining, including on-the-job training programs, shall discriminate against any individual because of such individual's handicap disability, in the admission to or the employment in any program established to provide apprenticeship or other training. (e) It is discrimination for an employer to print or publish or cause to be printed or published a notice or advertisement relating to employment by such employer, which

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advertisement or notice indicates any preference, limitation, specification, or discrimina tion based on handicap disability, except that such a notice or advertisement may indi cate a limitation or specification based upon handicap disability if the criteria is job related.
34-6A-5.
No employer shall discharge, expel, refuse to hire, or otherwise discriminate against any person or applicant for employment because such person has opposed any practice made an unfair employment practice by this chapter or because he such person has filed a charge, testified, assisted, or participated in any manner in an investigation, action, pro ceeding, or hearing under this chapter; nor shall any employment agency discriminate against any person; nor shall a labor organization discriminate against any member or applicant for membership for such reasons.
34-6A-6.
(a) Any handicapped individual with disabilities who is aggrieved by an unfair employ ment practice against such individual may institute a civil action against the persons engaged in such prohibited conduct. Such action may be brought in any court of record in this state having jurisdiction over the defendant and shall be brought within 180 days after the alleged prohibited conduct occurred. However, no person shall be a party plain tiff to any such action unless he such person gives his or her consent in writing and such consent is filed with the court in which the action is brought. (b) The court may grant as relief, as it deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order, including but not limited to hir ing, reinstatement, or upgrading of employees; admission or restoration of the aggrieved individual to union membership; admission to or participation in a guidance program, apprenticeship training program, on-the-job training program, or other occupational training or retraining program; and the utilization of training related criteria in the admission of individuals to such training programs and job related criteria for employ ment. The court may award to the plaintiff back pay. The court may award court costs and reasonable attorneys' fees to the prevailing party."
SECTION 5. Title 40 of the Official Code of Georgia Annotated, relating to the motor vehicles and traf fic, is amended by striking in its entirety Code Section 40-2-37, relating to the registration and licensing of vehicles of state and political subdivisions, and inserting in lieu thereof a new Code Section 40-2-37 to read as follows:
"40-2-37.
(a) All vehicles of the type required to be registered by Code Section 40-2-20 owned by the State of Georgia or any municipality or other political subdivision of this state and used exclusively for governmental functionSj except those employed in secret investiga tory police functions to which regular Georgia license plates are issuedj shall be regis tered with the commissioner by the fiscal officers or other proper officials of the respective departments and agencies of the state, municipality, or political subdivision to which such vehicles belong prior to operation and use thereof. Such registration shall be made upon forms prescribed and prepared by the commissioner for such purpose and shall contain a brief description of the vehicle to be registered; its name and model; the name of the manufacturer; the manufacturer's vehicle identification number; the depart ment, agency, political subdivision, or branch thereof to which such vehicle is to be reg istered; and such other information as to use and identity as the commissioner may require. Upon the filing with the Department of Revenue of the properly executed appli cation for registration, the commissioner, upon being satisfied that such vehicle is bona fide owned by the state or a municipality or political subdivision thereof and is to be used exclusively for governmental functions, shall issue, upon payment by such applicant of a license fee of $1.00, a license plate which shall be displayed upon such vehicle in the same manner as provided for private vehicles. Such license plates shall be replaced at such time as other license plates issued for private vehicles are required to be replaced.

FRIDAY, MARCH 17, 1995

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(b) For all vehicles owned by the State of Georgia or any municipality or other political subdivision of this state, except those vehicles employed in covert or secret investigatory police functions to which regular Georgia license plates are issued and those vehicles owned by the Department of Public Safety, the Department of Revenue shall provide for five-year registration and issuance of regular license plates for such vehicles. The five-year license plates issued pursuant to this subsection shall be identical in appear ance to regular license plates issued for private vehicles. Such license plates may be transferred as provided for in subsection (d) of this Code section. Such five-year license plates shall be issued at the beginning of a five-year license period as for private vehicles or shall be issued at the time the vehicle is purchased by the state, and all such license plates shall expire at the same time as regular license plates. {b)(c) All license plates issued to government vehicles pursuant to this Code section shall be marked in such a manner as to indicate the specific type of governmental unit operating the vehicle. These markings shall be prominently displayed and shall consist of one of the following appropriate legends: 'STATE,' 'CITY,' 'COUNTY,' 'AUTHOR ITY,' or 'BOARD.' In addition, each such license plate shall bear a county identification strip indicating the county in which the vehicle is based except that vehicles owned by the state shall not be required to bear such county identification strip. {e}(d) Any such license plates shall remain displayed and affixed upon such vehicle so long as such vehicle continues to be owned by the state or such municipality or political subdivision and used exclusively for governmental functions. Upon cessation of either such ownership or use, the license plate shall be removed from such vehicle and either destroyed by such agency or returned to the commissioner for destruction er reassign
If a license plate has been destroyed by the agency, certification of such destruction shall be provided by the agency to the commissioner upon a form prepared and fur nished for such purpose by the commissioner. In the event of a transfer of a vehicle to a department or agency, or branch thereof, other than the specific one to which such vehicle is registered, the commissioner shall be notified in writing by the department or agency from which the same is being transferred upon a form prepared and furnished for such purpose by the commissioner. Such transfer shall be recorded on the registra tion lists maintained by the Department of Revenue. On due proof of loss of any such license plate, or of mutilation due to accidental or natural causes, another license plate may be issued upon application of the fiscal officer or other proper official of the department, agency, or political subdivision to which any such lost plate is registered. (d}(e) No person, firm, or corporation owning or operating any such vehicle shall display upon the motor vehicle any license plate provided for in this Code section unless at the time of such ownership or operation such vehicle is properly registered under this Code section and is owned by the state or a municipality or political subdivision of this state and is being used exclusively for governmental purposes. Any person who violates this subsection shall be guilty of a misdemeanor. {e){U This Code section shall apply to all vehicle license plates issued for governmental vehicles on and after January IT 1083 January 1^ 1996."
SECTION 6. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 40-2-74, relating to special license plates for disabled persons, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
"(a) Any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration, licensing, and payment of fees and upon sub mitting satisfactory proof to the commissioner or one of his or her agents that he or she has permanently lost the use of a leg or both legs, or an arm or both arms, or any com bination thereof, or is so severely disabled as to be unable to move without the aid of crutches or a wheelchair, shall be issued a specially designated disabled person's license plate from the commissioner. For purposes of this subsection, presentation of a handi capped an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of disability, (b) A hearing impaired person otherwise qualified under this subsection shall be eligible

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to have issued to him or her a specially designated disabled person's license plate in accordance with this Code section. As used in this Code section, 'hearing impaired per
son' shall have the same meaning as defined in Code Section 24-9-101, except that the term 'hearing impaired person' shall not include any person who is not qualified for a driver's license pursuant to Code Section 40-5-35, relating to reports by physicians and vision specialists in connection with the issuance or revocation of drivers' licenses, as now or hereafter amended. For purposes of this subsection, presentation of a handi
capped an identification card for persons with disabilities issued pursuant to Article 8 of Chapter 5 of this title shall constitute proof of hearing impairment."

SECTION 7. Said title is further amended by striking in its entirety Article 8 of Chapter 5, relating to handicapped indentification cards, and inserting in lieu thereof a new Article 8 to read as follows:
"ARTICLE 8
40-5-170. As used in this article, the term:
(1) 'Disability' means any physical, mental, or neurological impairment which severely restricts a person's mobility, manual dexterity, or ability to climb stairs; substantial loss of sight or hearing; loss of one or more limbs or use thereof; or significantly diminished reasoning capacity. (2) 'Identification Handicapped identification card for persons with disabilities' means an identification card issued as provided in this article. (3) 'Handicapped person' meaaa any perae with a permanent er temporary disability. {4}{3J 'Permanent disability' means any disability which is permanent in nature or which is expected to continue for a period of at least five years.
(4) 'Person with disabilities' means any person with a permanent or temporary dis ability. (5) 'Temporary disability' means any disability which is expected to continue for at least six months but less than five years.
40-5-171. (a) The Department of Public Safety shall issue personal identification cards to handi capped persons with disabilities who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. The handicapped identification card for persons with disabilities shall prominently display the interna tional handicapped symbol and, in addition to any other information required by this article, shall contain a recent color photograph of the applicant and the following infor mation:
(1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Date identification card expires; (6) Sex; (7) Height; (8) Weight; (9) Eye color; (10) Post where the identification card was issued; and (11) Signature of person identified. (b) The handicapped identification card for persons with disabilities shall bear the signatures of the commissioner of public safety and the Governor and shall bear an iden tification card number which shall be the same as the applicant's social security number or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section.

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40-5-172. (a) The handicapped identification card for persons with disabilities shall be issued to a person with a permanent disability for a period of four years and shall be renewable on the applicant's birthday in the fourth year following such issuance. Such identifica tion cards shall be issued to persons:
(1) With obvious permanent disabilities without further verification of disability; and (2) With disabilities which are not obvious upon presentation of the current sworn affidavit of at least one medical doctor attesting to such permanent disability. A cur rent affidavit shall be presented at each request for renewal. (b) The handicapped identification card for persons with disabilities shall be issued to a person with a temporary disability upon presentation of a sworn affidavit of at least one medical doctor attesting to such disability and estimating the duration of such dis ability. Such identification cards shall be issued for periods of six months. A current affidavit of a medical doctor attesting to the continuance of such disability shall be pre sented at each request for renewal thereafter.
40-5-173. The face of the handicapped identification card for persons with disabilities shall promi nently bear the words 'URGENT MEDICAL INFORMATION ON REVERSE.' On the reverse side of the identification card shall be a space within which the issuer of the card shall enter such medical information as the applicant may request.
40-5-174. The face of the handicapped identification card for persons with disabilities shall bear the word 'TRANSPORTATION' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap dis ability creates mobility limitations which prevent him or her from climbing stairs or oth erwise from entering normally designed buses or other vehicles normally used for public transportation. When so marked, the handicapped identification card for persons with disabilities shall serve as sufficient proof of the need for special handicap transportation services for persons with disabilities provided by any entity in this state.
40-5-175. The handicapped identification card for persons with disabilities shall bear the word 'SEATING' with a box or blank space adjacent thereto. The issuer of the card shall place an 'X' in such box or blank space if the applicant's handicap disability creates mobility or health limitations which prevent him or her from climbing stairs or steep inclines. When so marked, the handicapped identification card for persons with disabili ties shall be sufficient to admit the holder to handicapped seating for persons with dis abilities at public events in this state.
40-5-176. The Board of Public Safety shall promulgate rules and regulations under which this arti cle shall be implemented.
40-5-177. The department shall require an applicant for ft handicapped an identification card for persons with disabilities to furnish a birth certificate or other verifiable evidence stating the applicant's birth date.
40-5-178. (a) The department shall collect a fee of $5.00 for the handicapped an identification card for persons with disabilities, which fee shall be deposited in the state treasury in the same manner as motor vehicle driver's license fees. (b) The department shall not be authorized to collect a fee for a handicapped an identi fication card for persons with disabilities from those persons who meet the qualifications for a veteran's driver's license under the provisions of Code Section 40-5-36.
40-5-179. It is a misdemeanor for any person:

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(1) To use a false or fictitious name in any application for handicapped an identifi cation card for persons with disabilities or knowingly to make a false statement or conceal a material fact or otherwise commit a fraud in any such application; (2) To display or cause to be displayed or have in his or her possession any fictitious or fraudulently altered handicapped identification card for persons with disabilities: (3) To lend his or her handicapped identification card for persons with disabilities to any other person or knowingly to permit the use thereof by another; and (4) To display or represent as his or her own any handicapped identification card for persons with disabilities not issued to him or her."
SECTION 8. Said title is further amended by striking in its entirety Part 2 of Article 10 of Chapter 6, known as the "Handicapped Parking Law," and inserting in lieu thereof a new Part 2 to read as follows:
"Part 2
40-6-220. This part shall be known and may be cited as the 'Handicapped Parking Law for Per sons with Disabilities.'
40-6-221. As used in this part, the term:
(1) 'Counterfeit' means any copy of any kind of handicapped parking permit for per sons with disabilities which is not authorized by and does not carry the official seal of the Department of Public Safety. {4}(2) 'Institution' means an institution for which a permit or conditional permit may be issued under Article 1 of Chapter 7 of Title 31. {S)^3j 'Parking Handicapped parking place for persons with disabilities' means any area on public or private property which has been designated as reserved for use of handicapped persons as follows:
(A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at such height or in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: 'Per mit Parking Only,' 'Tow-Away Zone,' or the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign. The sign required by this subparagraph shall be the official authorized sign for handicapped parking place designations for persons with disabilities in this state; or (B) Where the parking place is on private property, is constructed solely from con crete, was used by the public or finished prior to July 1, 1987, and which is desig nated by having imprinted and maintained in reflective paint upon each such place the words 'Tow-Away Zone' or 'Handicapped Parking Only for Persons with Disabil ities' or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this para graph. {)^4j 'Permanently handicapped disabled person* means a handicapped person with disabilities whose disability or incapacity can be expected to last for more than 180 days. {3}(5) 'Person with disabilities' 'Handicapped person' means a person who by reason of illness, injury, age, congenital malfunction, or other incapacity or disability has a significant loss or impairment of mobility. (6) 'Ramp' shall mean, in addition to any other specified meanings: (A) Any ramp or curb ramp as defined in ANSI A117.1-1986 by Chapter 3 of Title 30; and (B) Any vehicle mounted lift used by handicapped persons for the purpose of access to and from the vehicle upon which it is mounted.

FRIDAY, MARCH 17, 1995

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(7) 'Temporarily handicapped disabled person' means a handicapped person with dis abilities whose disability or incapacity can be expected to last for not more than 180 days and shall include, but not be limited to, any woman who is pregnant and who presents a sworn affidavit of a medical doctor attesting to a medical need for handicap access to parking for persons with disabilities.
40-6-222.
(a) The Department of Public Safety shall issue handicapped parking permits for per sons with disabilities at every place where it issues drivers' licenses. The department shall also receive applications for and issue handicapped parking permits for persons with disabilities by mail and may by regulation require such proof of disability or inca pacity as may be necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be issued to individuals, and the name of the individual shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport handicapped individuals with dis abilities. The name of the institution and the license number of the particular vehicle shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport handicapped individuals with disabilities.
(b) The department shall issue a temporary permit to any temporarily handicapped dis abled person upon presentation of a licensed medical doctor's affidavit stating that such person is a temporarily handicapped disabled person and stating a date until which such person is likely to remain handicapped disabled. The temporary permit shall be predom inantly red in color and shall show prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the handicap disabil ity, which date shall not be more than 180 days after the date the permit is issued. (c) The department shall issue a permanent permit to any person who is obviously per manently disabled and to any other permanently disabled person upon presentation of a licensed medical doctor's affidavit stating that such person is a permanently handi capped disabled person. The department shall also issue a permanent permit to an insti tution which operates vehicles used primarily for the transportation of handicapped individuals with disabilities, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the dashboards of such vehicles. The permanent permit shall be predominantly blue in color and shall show prominently on its face an expiration date four years from the date it is issued. (d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a handicapped parking place for per sons with disabilities without the necessity of obtaining a handicapped parking permit for persons with disabilities pursuant to this part. (e) The department shall issue a special permanent permit to any person who:
(1) Because of a physical handicap disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically handicapped disabled due to the loss of, or loss of use of, both upper extremities. This special permanent permit shall be gold in color and shall show prominently on its face an expiration date four years from the date it is issued. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relat ing to, other permanent handicapped parking permits for persons with disabilities and

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may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special gold permit:
'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the selfservice price for the holder of this special permit when such holder requests such ser vice and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind.'
40-6-223. The Department of Public Safety shall not charge or collect any fee for issuing handi capped parking permits for persons with disabilities under this part.
40-6-224. State and local authorities shall honor visitors' out-of-state handicapped license plates or persons with disabilities license plates and similar special parking permits on the same basis as handicapped license plates for persons with disabilities and special parking permits issued within this state.
40-6-225. Any business entity may elect to designate handicapped parking places for persons with disabilities for the nonambulatory. Such handicapped parking places for the nonambulatory shall be in addition to any handicapped parking places for persons with disabilities required by Chapter 3 of Title 30. Such handicapped parking places for the nonambulatory shall be clearly marked by a sign bearing the words 'Handicapped Park ing for Persons with Disabilities--nonambulatory persons only.' Such handicapped park ing places for the nonambulatory shall only be utilized for the purpose of allowing a nonambulatory permanently handicapped disabled person to enter or get out of a vehicle while in such parking place. A vehicle in a handicapped parking place for the nonambulatory shall be required to have a valid unexpired handicapped parking permit for persons with disabilities or a specially designated license plate for disabled persons authorized under subsection (d) of Code Section 40-6-222. For the purposes of this Code section, the term 'nonambulatory permanently handicapped disabled person' means a person who is permanently handicapped disabled as a result of the loss or loss of use of one or both legs and who is dependent upon crutches, a walker, or a wheelchair for locomotion.
40-6-226. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a handi capped parking place for persons with disabilities unless there is displayed on the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired handicapped parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222.
(b)(l) It shall be unlawful for any person to stop, stand, or park any vehicle in a handicapped parking place for persons with disabilities except for the purpose of allowing a handicapped disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place for persons with disabilities. (2) It shall be unlawful for any person to stop, stand, or park any vehicle in a hand! capped parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently handicapped disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a handicapped parking place for the nonambulatory. (3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area

FRIDAY, MARCH 17, 1995

2641

directly connecting with a handicapped parking place for persons with disabilities which area is clearly designed and designated for access to such handicapped parking place for persons with disabilities. (c) It shall be unlawful for any person to obtain by fraud or counterfeit a handicapped parking permit for persons with disabilities.
(d) It shall be unlawful for any person or institution, other than the one to whom a handicapped parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a handicapped parking permit for persons with disabilities or specially designated license plate for a disabled person. It shall be unlawful for any person to use a handicapped parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued.
(e) No person shall park a vehicle so as to block any entrance or exit ramp used by handicapped persons with disabilities on public or private property.
(f)(l) Any person violating subsection (c) of this Code section shall be guilty of a mis demeanor.
(2) Any person violating subsection (a), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00.
(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a handicapped parking place for persons with disabil ities which is marked by a sign bearing the words 'Tow-Away Zone' as described in para graph {2} (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement. (h) A property owner who is required to provide handicapped parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph {2} M f Code Section 40-6-221 and upon failure so to designate each such handicapped parking place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the handicapped parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the
city or county issuing the citation against the owner.

40-6-227.
The provisions of this part are applicable to both public and private property; and all law enforcement officers of this state and its political subdivisions are expressly autho rized to enforce the provisions of this part on private property as well as on public prop
erty.

40-6-228.
(a) Any county or municipal law enforcement agency of the state which is empowered to enforce the provisions of this part may, in its discretion, appoint any person who is a citizen of the United States, is of good moral character, has not previously been con victed of a felony, and is a handicapped person with disabilities as defined in paragraph {3} {5J of Code Section 40-6-221 to enforce the provisions of Code Section 40-6-226 within the county or municipality in which the appointing law enforcement agency exer cises jurisdiction. Each person appointed pursuant to this Code section shall take and subscribe an oath of office as prescribed by the appointing authority. Any person appointed and sworn pursuant to this subsection shall be authorized to enforce the pro visions of this part in the same manner as any law enforcement officer of the state or any county or municipality of the state subject to the limitations provided in subsections

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(b) and (c) of this Code section. (b) No person appointed pursuant to subsection (a) of this Code section shall be deemed a peace officer under the laws of this state or:
(1) Be deemed an employee of or receive any compensation from the state, county, municipality, or appointing law enforcement agency; (2) Be required to complete any training or be certified pursuant to the requirements of Chapter 8 of Title 35; (3) Have the power or duty to enforce any other traffic or criminal laws of the state, county, or municipality;
(4) Have the power to possess and carry firearms and other weapons for the purpose of enforcing the handicapped parking laws for persons with disabilities; provided, how ever, that a person who possesses a valid license to carry a pistol or revolver issued under Code Section 16-11-129 and who carries such weapon in a manner permitted under Code Section 16-11-126 shall not be in violation of this paragraph; or
(5) Be entitled to any indemnification from the state, county, or municipality for any injury or property damage sustained by such person as a result of attempting to enforce the handicapped parking laws of the state for persons with disabilities. (c) Neither the state nor any county, municipality, or other political subdivision of the state or any department, agency, board, or officer of the state or any county, municipal ity, or political subdivision of the state shall be liable or accountable for or on account of any act or omission of any person appointed pursuant to this Code section in connec tion with such person's enforcement of the provisions of Code Section 40-6-226. (d) It shall be unlawful for any person willfully to obstruct, resist, impede, or interfere with any person appointed pursuant to this Code section in connection with such person's enforcement of Code Section 40-6-226 or to retaliate or discriminate in any manner against such person as a reprisal for any act or omission of such person. Any violation of this subsection shall be punishable as a misdemeanor."
SECTION 9. Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," is amended by striking in its entirety Code Section 45-19-22, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 45-19-22 to read as follows:
"45-19-22.
As used in this article, the term: (1) 'Administrator' means the administrator of the Commission on Equal Opportunity provided for by Code Section 45-19-24, which agency is comprised of an Equal Employment Division and a Fair Housing Division. (2) 'Board' means the Board of Commissioners of the Commission on Equal Opportu nity created by Code Section 45-19-23. (3) 'Disability' means a physical or mental impairment which substantially limits one or more of a person's major life activities, unless an employer demonstrates that the employer is unable to accommodate reasonably to an employee's or prospective employee's disability without undue hardship on the conduct of the employer's opera tion. {3}(4) 'Discrimination' means any direct or indirect act or practice of exclusion, dis tinction, restriction, segregation, limitation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of race, color, religion, national origin, sex, handicap, or age or the aiding, abetting, incit ing, coercing, or compelling of such an act or practice. This term shall not include any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limi tation, refusal, denial, or any other act or practice of differentiation or preference in the treatment of a person or persons because of religion if an employer demonstrates that the employer is unable to accommodate reasonably an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's operation. (4) 'Handicap' means a physical or mental impairment wfeiefe substantially limits ene

FRIDAY, MARCH 17, 1995

2643

of more of ft person 9 rnsjor lire ftc*tv11ics s unless fln cmpioyt-P QGiwoiistffttes tfiflt tftc employer ia unable te accommodate reasonably te a employee's e* proapcctivc employee's handicap without undue hardship e th conduct ef the cmploycr'a epera-
(5) 'Public employer' or 'employer' means any department, board, bureau, commis sion, authority, or other agency of the state which employs 15 or more employees within the state for each working day in each of 20 or more calendar weeks in the current or preceding calendar year. A person elected to public office in this state is a public employer with respect to persons holding positions or individuals applying for positions which are subject to the State Merit System of Personnel Administration or any personnel merit system of any agency or authority of this state. A person elected to public office in this state is not a public employer with respect to persons holding positions or individuals applying for positions on such officer's personal staff or on the policy-making level or as immediate advisers with respect to the exercise of the consti tutional or legal powers of the office held by such officer. The term 'public employer" shall include the State Merit System of Personnel Administration whether or not such agency is the immediate employer of the party or parties claiming to be aggrieved. (6) 'Public employment' means employment by any department, board, bureau, com mission, authority, or other agency of the State of Georgia. (7) 'Religion' means all aspects of religious observance and practice as well as belief. (8) 'Unlawful practice' means an act or practice declared to be an unlawful practice in Code Sections 45-19-29 through 45-19-31, 45-19-32, or 45-19-45."
SECTION 10. Said article is further amended by striking in its entirety the term "handicap" wherever it shall occur in said article (Code Sections 45-19-21, 45-19-27, 45-19-29, 45-19-30, 45-19-31, 45-19-33, 45-19-35, and 45-19-38) and inserting in lieu thereof the word "disabil ity".
SECTION 11. Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking in its entirety Code Section 48-5-470.1, relating to the exemption of motor vehicles used for transporting handicapped or disabled students to or from educational institutions, and inserting in lieu thereof a new Code Section 48-5-470.1 to read as follows:
"48-5-470.1.
All motor vehicles owned by a school or educational institution and used principally for the purpose of transporting handicapped persons with disabilities or disabled students to or from such school or educational institution are exempted from any and all ad valo rem taxes imposed by any tax jurisdiction in this state. The exemption provided for in this Code section shall apply only when such school or educational institution is quali fied as an exempt organization under the United States Internal Revenue Code, Section 501(c)(3), as such section exists on January 1, 1984."
SECTION 12. Chapter 9 of Title 49 of the Official Code of Georgia Annotated, relating to vocational rehabilitation services, is amended by striking in its entirety Code Section 49-9-1, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 49-9-1 to read as follows:
"49-9-1.
As used in this article, the term or terms: (1) 'Blind person' means a person who has: (A) Not more than 20/200 central visual acuity in the better eye after correction; or (B) An equally disabling loss of the visual field. (2) 'Director' means the official of the department who is charged with the adminis tration of its functions under this article.

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(3) 'Disability to employment' means a physical or mental condition which consti
tutes, contributes tp^ 01^ if not corrected, will probably result in an impairment of
occupational performance. (4) 'Disabled individual' means any person who has a substantial handicap disability
to employment. {3}{5} 'Division' means the Division of Rehabilitation Services of the Department of
Human Resources. \&j--jiftjiuic&p v& employincut mcftfts ft piiysicfli of mcntfli conQ11ion wnicn constiTM
tutes* contributes to} or} tf not corrected^ will proDftoiy result ift cm impftirmetrt ot
occupational performance. (6) 'Maintenance' means money payment not exceeding the estimated cost of subsist
ence during the provision of vocational rehabilitation or rehabilitation services. It fur ther includes amounts, in cash or in kind, to cover the cost, if any, of short periods of medical care for acute conditions arising during the provision of vocational rehabili
tation or rehabilitation services. (7) 'Occupational license' means any license, permit, or other written authority
required by any governmental unit to be obtained in order to engage in an occupation. (8) 'Physical restoration' means any medical, surgical, or therapeutic treatment neces
sary to correct or reduce substantially a disabled individual's handicap disability to employment within a reasonable length of time, including, but not limited to, medical, psychiatric, dental, and surgical treatment, nursing service, hospital care, drugs, medi cal and surgical supplies, and prosthetic appliances, but excluding curative treatment
for any acute or transitory condition. (9) 'Prosthetic appliance' means any artificial device necessary to support or take the
place of a part of the body or to increase the acuity of a sense organ.
(10) 'Regulations' means regulations made by the director with the approval of the board and promulgated in the manner prescribed by law. (11) 'Rehabilitation center' means a facility operated for the purpose of assisting in the rehabilitation of disabled persons which provides one or more of the following types of services:
(A) Testing, fitting, or training in the use of prosthetic devices; (B) Prevocational or conditioning therapy; (C) Physical, corrective, or occupational therapy; or
(D) Adjustment training or evaluation or control of special disabilities; or a facility in which a coordinated approach is made to the physical, mental, and vocational evaluation of disabled persons and an integrated program of physical restoration and prevocational training is provided under competent professional supervision and direction.
(12) 'Rehabilitation training' means all necessary training provided to a disabled indi vidual to compensate for his handicap or her disability to employment, including, but not limited to, manual preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of developing occupational skills and capacities.
(13) 'Vocational rehabilitation' and 'vocational rehabilitation services' mean any ser vice, provided directly or through public or private instrumentalities, found by the director to be necessary to compensate a disabled individual for his handicap or her disability to employment and to enable him such individual to engage in a remunera tive occupation, including, but not limited to, medical and vocational diagnosis; voca tional guidance; counseling and placement; rehabilitation training; physical restoration; transportation; occupational and business licenses; equipment; initial stocks and sup plies, including livestock; capital advances; maintenance; and training books and mate rials. (14) 'Workshop' means a place where any manufacture or handwork is carried on and
which is operated for the primary purpose of providing therapeutic and rehabilitative activities, including the use of monetary rewards as an incentive therapeutic practice for severely disabled persons unable to engage in the competitive labor market. Per sons receiving therapy in workshops shall not be considered as employees of the state for workers' compensation, retirement, or any other purposes."

FRIDAY, MARCH 17, 1995

2645

SECTION 13. The Official Code of Georgia Annotated is amended by striking from the following Code sections the terms "handicap" and "handicaps" wherever the same shall occur and insert ing in lieu thereof the terms "disability" and "disabilities", respectively:
(1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings; (2) Code Section 8-3-203, relating to the unlawful denial of or discrimination in mem bership or participation in service or organization relating to selling or renting dwell ings; (3) Code Section 12-5-248, relating to criminal violations under the "Shore Protection
Act"; (4) Code Section 16-15-2, relating to legislative findings and intent applicable to the "Georgia Street Gang Terrorism and Prevention Act"; (5) Code Section 20-2-153, relating to special instructional assistance program for stu dents with developmental deficiencies; (6) Code Section 20-2-165, relating to equalization grants and annual calculation; (7) Code Section 21-2-452, relating to admission of electors to enclosed space; (8) Code Section 21-2-470, relating to ballot procedures in general; (9) Code Section 21-3-362, relating to the admission of electors to enclosed space; (10) Code Section 21-3-380, relating to ballot procedures in general; (11) Code Section 31-1-3.1, relating to reporting handicapped newborn persons; (12) Code Section 33-9-4, relating to standards applicable to making and use of insur ance rates; (13) Code Section 33-24-28, relating to termination of hospital or medical expense insurance policy or hospital or medical service plan coverage for a dependent child upon attainment of specified age;
(14) Code Section 34-9-283, relating to applicability to occupational diseases of provi sions of Code Section 34-9-263 regarding permanent partial industrial handicaps; (15) Code Section 36-87-2, relating to the authority of countries and municipal corpo rations to participate in federal programs; (16) Code Section 37-3-163, relating to recognition of patient's physical integrity; (17) Code Section 37-4-123, relating to recognition of clients' physical integrity with respect to mentally retarded; (18) Code Section 37-7-163, relating to recognition of alcoholics' and drug users' phys ical integrity when under treatment; (19) Code Section 40-5-35, relating to reports by physicians and vision specialists; (20) Code Section 43-3-8, relating to oral examinations for certified public accoun tants; (21) Code Section 43-3-15, relating to oral examinations for registered public accoun tants; (22) Code Section 43-12-2, relating to qualifications applicable to disabled veterans and blind persons engaging in certain businesses or practicing certain professions; (23) Code Section 43-39A-18, relating to penalties for violation of the "Real Estate Appraiser Classification and Regulation Act"; (24) Code Section 43-40-25, relating to violations under Chapter 40 of Title 43 regard ing real estate brokers and salespersons; (25) Code Section 45-20-1, relating to purposes of Article 1 of Chapter 20 of Title 45 regarding the State Merit System of Personnel Administration; (26) Code Section 45-20-4, relating to creation of the position of commissioner of per sonnel administration; (27) Code Section 48-8-3, relating to exemptions from the state sales and use tax; (28) Code Section 49-5-8, relating to powers and duties of the Department of Human Resources under the "Children and Youth Act"; and (29) Code Section 50-5-136, relating to the powers and authority of the State Use Council.
SECTION 14. The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "handicapped" wherever the same shall occur and inserting in lieu

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thereof the term "disabled"; provided, however, that this section shall not apply in any case where the term "handicapped" is preceded by the word "the" and not followed by the word "person" or "persons", but Section 13 of this Act shall apply in any such case:
(1) Code Section 8-2-31, relating to the effect of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building plumbing, electrical, and other building codes; (2) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings; (3) Code Section 20-2-142, relating to prescribed courses and materials on the effect of alcohol in the competencies and core curriculum in elementary and secondary schools; (4) Code Section 20-2-151, relating to general and career education programs; (5) Code Section 20-2-152, relating to special education services; (6) Code Section 20-2-167, relating to funding for direct instructional costs, media center costs, and staff development costs; (7) Code Section 20-2-188, relating to student transportation; (8) Code Section 20-2-281, relating to assessment of effectiveness of educational pro
grams; (9) Code Section 20-2-301, relating to Coordinating Committee for Exceptional Indi
viduals; (10) Code Section 20-2-305, relating to county and regional libraries; (11) Code Section 20-2-1160, relating to local boards as tribunals to determine school law controversies, except in subsection (f) with respect to the phrase "Education for All Handicapped Children Act of 1975"; (12) Code Section 20-13-8, relating to licensure under the Georgia Public Telecommu
nications Commission Act; (13) Code Section 21-2-265, relating to polling places and handicapped facilities; (14) Code Section 21-2-409.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line; (15) Code Section 21-2-452, relating to admission of electors to enclosed space; (16) Code Section 21-2-470, relating to ballot procedures in general; (17) Code Section 21-3-318.1, relating to voting by electors who are 75 years of age or older or handicapped electors without having to wait in line; (18) Code Section 21-3-362, relating to admission of electors to enclosed space; (19) Code Section 21-3-380, relating to ballot procedures in general; (20) Code Section 30-1-2, relating to public employment of physically disabled per sons; (21) Code Section 30-4-2, relating to right to housing accomodations; (22) Code Section 31-1-3.1, relating to reporting handicapped newborn persons; (23) Code Section 32-4-94, relating to standards for construction of curb ramps; (24) Code Section 32-9-3, relating to financial assistance for transportation services for elderly and handicapped persons; (25) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chap ter 9 of Title 34 regarding the subsequent injury trust fund; (26) Code Section 40-2-71, relating to the design of disabled veteran license plates; (27) Code Section 42-8-35.1, relating to special alternative incarceration; (28) Code Section 45-20-51, relating to definitions applicable to Article 3 of Chapter 20 of Title 45 regarding voluntary deductions from wages or salaries of state employ ees for benefit of charitable organizations; (29) Code Section 46-1-1, relating to definitions applicable to Title 46; (30) Code Section 48-5-41, relating to property exempt from taxation; (31) Code Section 48-8-3, relating to exemptions from the state sales and use tax; (32) Code Section 49-2-6, relating to the duties and powers of the Department of Human Resources; (33) Code Section 49-2-12, relating to the development and revision of transportation plan for programs of the Department of Human Resources; (34) Code Section 49-3-6, relating to functions of county departments of family and children services; (35) Code Section 49-9-10, relating to the authorization for the Division of Rehabilita-

FRIDAY, MARCH 17, 1995

2647

tion Services of the Department of Human Resources to provide independent-living services; and (36) Code Section 50-5-136, relating to the powers and authority of the State Use Council.
SECTION 15. The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrase "the handicapped" and inserting in lieu thereof the phrase "persons with disabilities":
(1) Code Section 8-2-3, relating to building requirements for toilets, shower heads, and faucets; (2) Code Section 12-3-130, relating to the legislative purpose of the Franklin D. Roosevelt Warm Springs Pools and Springs Site Commission; (3) Code Section 20-2-161, relating to the Quality Basic Education Formula; (4) Code Section 20-2-1074, relating to transportation for elderly, handicapped, and 4-H activities; (5) Code Section 20-4-15, relating to the establishment of adult literacy programs; (6) Code Section 21-2-265, relating to polling places and handicapped facilities; (7) Code Section 21-3-164, relating to polling places and access for the handicapped; (8) Code Section 34-9-350, relating to purpose and construction of Article 9 of Chap ter 9 of Title 34 regarding the subsequent injury trust fund; (9) Code Section 43-28-3, relating to definitions applicable to the "Georgia State Occupational Therapy Licensing Act"; (10) Code Section 50-5-31, relating to definitions applicable under the "State Space Management Act of 1976"; (11) Code Section 50-5-161, relating to the definition of the term "telecommunications system" for purposes of the "Telecommunications Consolidation Act of 1973"; and (12) Code Section 50-8-36, relating to human service programs and the delivery of governmental services to consumers.
SECTION 16. The Official Code of Georgia Annotated is amended by striking from the following Code sections the phrases "handicapped person" or "handicapped persons" wherever the same shall occur and inserting in lieu thereof the phrases "person with disabilities" and "per sons with disabilities", respectively:
(1) Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings: (2) Code Section 30-4-1, relating to right to equal public accomodations; (3) Code Section 34-4-4, relating to the authority of the Commissioner of Labor to grant exemptions from operation of the "Georgia Minimum Wage Law"; (4) Code Section 49-2-13, relating to indentifying the transportation needs of elderly and handicapped persons and alternatives to meet them; (5) Code Section 49-2-13.1, relating to financial assistance for transportation services for elderly and handicapped persons; and (6) Code Section 49-9-15, relating to retention of title to, use of, and sale or exchange of tools, equipment, or other items of value with respect to vocational services.
SECTION 17. The Official Code of Georgia Annotated is amended by striking from the following Code sections the term "handicapping" wherever the same shall occur and inserting in lieu thereof the term "disabling":
(1) Code Section 20-2-152, relating to special education services; (2) Code Section 20-2-153, relating to special instructional assistance program for stu dents with developmental deficiencies; (3) Code Section 20-2-270, relating to establishment of state-wide network of regional educational service agencies; (4) Code Section 37-2-1, relating to purpose of Chapter 2 of Title 37 regarding the administration of mental health and mental retardation services generally; (5) Code Section 37-2-2, relating to definitions applicable to Chapter 2 of Title 37

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regarding the administration of mental health and mental retardation services gener ally; and (6) Code Section 43-10A-3, relating to definitions applicable to the "Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law."
SECTION 18. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1995. (b) Section 5 of this Act shall become effective on January 1, 1996.
SECTION 19. All laws and parts of laws in conflict with this Act are repealed.

Representative Snow of the 2nd moved that the House adopt the report of the Com mittee of Conference on HB 601.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe Bailey
Y Baker N Bannister
Y Barfoot Bargeron
Y Barnard Y Barnes N Bates Y Benefield N Evans Y Falls N Felton Y Floyd Y Godbee N Golden Y Goodwin
Greene N Grindley
Manner 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
James Jamieson

Birdsong Y Bordeaux
Bostick N Breedlove N Brooks, D Y Brooks, T
Brown, G N Brown, J
Brush Buck Y Jenkins
N Johnson, G N Johnson, J Y Johnston Y Jones N Joyce NKaye Y Kinnamon N Klein NLadd Y Lakly YLane Y Lawrence YLee N Lewis N Lifsey YLord
Lucas Maddox NMann Y Martin Y McBee Y McCall N McClinton McKinney N Mills

Y Buckner NBunn N Burkhalter YByrd N Campbell
Canty Carter Chambless Y Channell Y Childers Mobley, B Y Mobley, J Y Mosley N 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 Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Royal

On the motion, the ayes were 101, nays 45. The motion prevailed.

Y Coker N Coleman, B
Coleman, T Connell YCox N Crawford Y Crews Culbreth Y Cummings Y Davis, G Y Sanders N Sauder Y Scoggins Y Shanahan
NShaw 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 N Smith, V Y Smith, W
Smyre N Snellmg YSnow Y Stallings N Stancil, F N Stancil, S Y Stanley, L
Stanley, P Stephenson

N Davis, M Day
Y DeLoach, B
N DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs Y Ehrhart YEpps
Y Streat Y Taylor Y Teague Y Teper Y Thomas
Tillman N Titus N Towery N Trense
Turnquest Y Twiggs
Walker, L Y Walker, R.L Y Wall Y Watson
Watts Y Westmoreland N Whitaker
White N Wiles Y Williams, B Y Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

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 report of the Committee of Conference was read:

FRIDAY, MARCH 17, 1995

2649

COMMITTEE OF CONFERENCE REPORT ON HB 62

The Committee of Conference on HB 62 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 62 be adopted.

Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/a/ Sonny Perdue Senator, 18th District

Is/ Larry Walker Representative, 141st District

/s/ Johnny Isakson Senator, 21st District

/s/ Wm. J. Lee Representative, 94th District

/s/ Steven E. Langford Senator, 29th District

/s/ Jo Ann McClinton Representative, 68th District

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 provisions relating to expense reim bursement and expense allowances for members of the General Assembly; to provide for the amounts and manner of such allowances and reimbursements; to provide for items and purposes for which such reimbursements and allowances may be paid; to provide that amounts not claimed shall lapse and shall be remitted to the general fund of the state treasury; 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 paragraph of par agraph (22) of subsection (a) and inserting in its place a new undesignated paragraph to read as follows:
"Each member of the General Assembly shall also receive the allowances provided by law. The amount of the daily expense allowance which each member is entitled to receive under the provisions of Code Section 28-1-8 shall be $60.00 $75.00. The mileage allowance for the use of a personal car on official busi ness shall be the same as that received by other state officials and employees."

SECTION 2. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain public officials, is amended by striking the fourth undesignated subparagraph of paragraph (22) of subsection (a) and inserting in its place a new undesignated subpara graph to read as follows:
"In addition to any other compensation and allowances autho rized for members of the General Assembly, each member shall be reimbursed for actual expenses incurred in the performance of duties within the state as a member of the General Assembly in an amount not to exceed $4,800.00 per year. For the purposes of this paragraph, a year shall begin on the convening date of the General Assembly in regular session each year and end on the day prior to the convening of the General Assembly in the

2650

JOURNAL OF THE HOUSE,

next calendar year. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: pe* diem differential, lodging, meals, office equipment, postage, per sonal services, printing and publications, rents, supplies (includ ing software), telecommunications, transportation, and utilities^ and leasing of equipment. No reimbursement shall be made for any postage which is used for a political newsletter. Pe* diem
9zioix oc tnc diiicFcncc i&etween tnc dfliiy expense allowance authorized fet mcmbcra ef the General Assembly

fied by the General Services Administration. Such expenses shall be reimbursed upon the submission of sworn vouchers to the leg islative fiscal office. Such sworn vouchers shall be accompanied by a supporting document or documents showing payment for each expense claimed or an explanation of the absence of such documentation. Ne supporting document e* documents shall be required for the per diem differential. Any voucher for any expense incurred in any year as defined in this paragraph shall be submitted no later than the fifteenth of April immediately following the end of such year. No reimbursement shall be made on any voucher submitted after that date. Any amounts remain ing in such expense account which are not so claimed by April 15 and any amounts claimed which are returned as hereafter provided for in this paragraph shall lapse and shall be remitted
by the legislative fiscal office to the general fund of the state treasury. No reimbursement shall be paid for lodging or meals for any day for which a member receives the daily expense allowance as provided in this paragraph (22). Any former mem ber of the General Assembly may be reimbursed for expenses incurred while a member of the General Assembly upon compli ance with the provisions of this paragraph. The Legislative Ser vices Committee is empowered to provide such procedures as it deems advisable to administer the provisions of this paragraph (22), including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher which must be submitted to the legislative fiscal office. In the event of any disagreement as to whether any reim bursement shall be made or any allowance shall be paid, the Legislative Services Committee shall make the final determina tion. In the event any reimbursement is made or any allowance is paid and it is later determined that such reimbursement or payment was made in error, the person to whom such reimburse ment or payment was made shall remit to the legislative fiscal office the amount of money involved. In the event any such per son refuses to make such remittance, the legislative fiscal office is authorized to withhold the payment of any other moneys to which such person is entitled until the amount of such reim bursement or payment which was made in error shall be real ized. In addition to such reimbursement for actual expenses incurred, as provided above, each member shall upon his or her claim be entitled to receive an allowance of per diem differential for ujj to 50 days per year for which the member received the daily expense allowance. The amount of per diem differential which may be claimed for each such day shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00. Per diem differential shall be paid by the legislative fiscal office to the member upon the member's notification to the legislative fiscal office of the days

FRIDAY, MARCH 17, 1995

2651

for which the daily expense allowance was received for which the member wishes to claim the per diem differential, and the legis lative fiscal office shall keep a record of the days for which per diem differential is so claimed and paid."
SECTION 3. (a) Section 1 of this Act shall become effective on the convening date of the 1997 regular session of the General Assembly. (b) Section 2 of this Act shall become effective on the convening date of the 1996 regular session of the General Assembly.
SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Representative Walker of the 141st moved that the House adopt the report of the Committee of Conference on HB 62.
On the motion, the roll call was ordered and the vote was as follows:

N Ashe
Y Bailey Y Baker Y Bannister Y Barfoot Y Bargeron
Y Coker
Y Coleman, B Y Coleman, T
Conneli YCox N Crawtord N Crews Y Culbreth Y Cummings Y Davis, G N Davis, M YDay
Y DeLoach, B N DeLoach, G
Dix Y Dixon, H Y Dixon, S Y Dobbs N Ehrhart YEpps N Evans N Falls N Felton Y Floyd
YGodbee Y Golden N Goodwin
Greene Y Grindley Y Hanner

N Barnard N Barnes Y Bates
Y Benefield Birdsong
Y Bordeaux
Y Harbin N Harris YHart Y Heard
Y Heckstall Y Hegstrom N Hembree Y Henson N Holland Y Holmes Y Howard Y Hudson
Y Hugley N Irvin Y James Y Jamieson N Jenkins Y Johnson, G N Johnson, J N Johnston Y Jones N Joyce NKaye
Y Kinnamon N Klein NLadd Y Lakly
Lane
N Lawrence YLee

Bos tick Y Breedlove N Brooks, D Y Brooks, T N Brown, G N Brown, J
N Lewis Y Lifsey YLord Y Lucas
Maddox NMann Y Martin Y McBee
McCall Y McClinton
McKinney N Mills
Mobley, B N Mobley, J Y Mosley Y Mueller N O'Neal Y Orrock Y Parham Y Parrish Y Parsons
Y Pelote N Perry N Pinholster Y Polak Y Porter N Poston
Powell Y Purcell, A N Purcell, B

Y Brush YBuck Y Buckner NBunn
N Burkhalter YByrd
Y Randall Y Randolph YRay Y Reaves Y Reichert
Y Roberts N Rogers Y Royal Y Sanders N Sauder Y Scoggins Y Shanahan YShaw N Sherrill Y Shipp N Simpson Y Sinkfield
Skipper Smith, C N Smith, C.W Y Smith, L N Smith, P Y Smith, T Y Smith, V Y Smith, W YSmyre N Snelling YSnow Y Stallings Y Stancil, F

N Campbell Y Canty
Y Carter Y Chambless Y Channell Y Childers
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 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
N Williams, B N Williams, J Y Williams, R N Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 110, nays 56. The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the Sen ate substitute thereto:

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

2652

JOURNAL OF THE HOUSE,

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 Senate substitute was read:

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 offense of theft of trade secrets; to provide for definitions; to provide for a penalty; to provide for preserving the secrecy of trade secrets in prosecutions; to provide for exceptions; to redefine certain terms and to define addi tional terms; to authorize applications for, orders approving, and installation and use of pen registers and trap and trace devices, to the extent the same is consistent with and per mitted by the laws of the United States; to provide for the forfeiture of motor vehicles, tools, and weapons used or intended for use in the commission or to facilitate the commis sion 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 disposi tion of property forfeited or the proceeds derived from forfeited property; to provide cer tain 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 striking Code Section 16-8-13, relating to stealing and embezzling trade secrets, and inserting in lieu thereof the following:
"16-8-13.
(a) As used in this Code section, the term: (1) 'Article' means any object, material, device, substance, or copy thereof, including any writing, record, recording, drawing, sample, specimen, prototype, model, photo graph, microorganism, blueprint, or map. (2) 'Copy' means any facsimile, replica, photograph, or other reproduction of an arti cle and any note, drawing, or sketch made of or from an article. (3) 'Representing' means describing, depicting, containing, constituting, reflecting, or recording. (4) 'Trade secret' means information, without regard to form, including, but not lim ited to, technical or nontechnical data, a formula, a pattern, a compilation, a program, a device,, a method, a technique, a drawing, a process, financial data, financial plans, product plans, or a list of actual or potential customers or suppliers which is not com monly known by or available to the public and which information: (A) Derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (B) Is the subject of efforts that are reasonable under the circumstances to main tain its secrecy.
(b) Any person who, with the intent to deprive or withhold from the owner thereof the exclusive use of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, does any of the following:
(1) Takes, uses, or discloses such trade secret to an unauthorized person; (2) Acquires knowledge of such trade secret by deceitful means or artful practice; or (3) Without authority, makes or causes to be made a copy of an article representing such trade secret commits the offense of theft of a trade secret and, upon conviction thereof, shall be pun ished by imprisonment for not less than one nor more than five years and by a fine of

FRIDAY, MARCH 17, 1995

2653

not more than $50,000.00, provided that, if the value of such trade secret, and any arti cle representing such trade secret that is taken, is not more than $100.00 such person shall be punished as for a misdemeanor. (c) In a prosecution for any violation of this Code section, a court shall preserve the secrecy of an alleged trade secret by reasonable means, which may include granting pro tective orders in connection with discovery proceedings, holding in camera hearings, seal ing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval. (d) For the purposes of this Code section, a continuing theft by any person constitutes a single claim against that person, but this Code section shall be applied separately to the claim against each person who receives a trade secret from another person who com mitted the theft. (e) This Code section shall not affect:
(1) Contractual duties or remedies, whether or not based on theft of a trade secret; or (2) The provisions of Code Sections 10-1-761 through 10-1-767, pertaining to civil offenses and remedies involving the misappropriation of a trade secret, or other civil or criminal laws that presently apply or in the future may apply to any transaction or course of conduct that violates this Code section."
SECTION 2. Title 16 of the Official Code of Georgia Annotated, known as the "Criminal Code of Geor gia," 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' 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}{3^ '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 3. Said title 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

2654

JOURNAL OF THE HOUSE,

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 may have installed and use a pen register or trap and trace device if, within 48 hours of the time the pen register or trap and trace device is installed, an order approving the installation or use is issued in accordance with Code Section 16-11-64.1."

SECTION 4. Said title is further amended by adding

16-16-1.

"CHAPTER 16

As used in this chapter, the term: (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; and (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. (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-

FRIDAY, MARCH 17, 1995

2655

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 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.

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JOURNAL OF THE HOUSE,

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

Representative Barnes of the 33rd moved that the House agree to the Senate substi tute to HB 340.
On the motion, the roll call was ordered and the vote was as follows:

Y Ashe
Y Bailey Y Baker
Y Bannister

Y Crews
Culbreth Y Cummings
Y Davis, G

Y Hugley
Y Irvin Y James
Y Jamieson

Y Parham
Y Parrish Y Parsons
Pelote

Smith, W
Y Smyre Snelling
Y Snow

Y Barfoot Y Bargeron Y Barnard Y Barnes Y Bates Y Benefield
Birdsong Y Bordeaux
Bostick Y Breedlove
Brooks, D Y Brooks, T Y Brown, G Y Brown, J Y Brush YBuck Y Buckner YBunn Y Burkhalter YByrd Y Campbell Y Canty
Carter Y Chambless Y Channel! Y Childers Y Coker Y Coleman, B Y Coleman, T
Connell YCox Y Crawford

FRIDAY, MARCH 17, 1995

Y Davis, M YDay Y DeLoach, B
DeLoach, G YDix Y Dixon, H
Dixon, S Y Dobbs Y Ehrhart YEpps Y Evans Y Falls
Felton Y Floyd Y Godbee Y Golden Y Goodwin
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 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 McClinton McKinney Y Mills Mobley, B Y Mobley, J Y Mosley Y Mueller O'Neal Y Orrock

Y Perry
Y Pinholster Y Polak Y Porter YPoston 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
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

2657
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
Whitaker Y White Y Wiles Y Williams, B Y Williams, J Y Williams, R Y Woods Y Yates
Murphy, Spkr

On the motion, the ayes were 155, nays 0. The motion prevailed.
The Speaker assumed the Chair.
The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference 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.
The following report of the Committee of Conference was read:
COMMITTEE OF CONFERENCE REPORT ON HB 38
The Committee of Conference on HB 38 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 38 be adopted.

2658

JOURNAL OF THE HOUSE,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ Arthur B. Edge, IV Senator, 28th District
/s/ Sonny Perdue Senator, 18th District

Respectfully submitted,
FOR THE HOUSE OF REPRESENTATIVES:
/s/ A. Richard Royal Representative, 164th District
/s/ Ronnie Culbreth Representative, 132nd District
/s/ Jimmy Skipper Representative, 137th District

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 exemption of income taxes, so as to pro vide for a tax credit for certain taxpayers and other persons with respect to ad valorem property taxes; to provide for a short title; to provide for definitions; to provide for proce dures and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemption of income taxes, 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) This Code section shall be known and may be cited as the 'Property Tax Credit Act of 1995.' (b) As used in this Code section, the term:
(1) 'Ad valorem taxes' means any and all ad valorem property taxes levied on prop erty for which a credit may be claimed under this Code section. (2) 'Agricultural property' means all property contained in the homogeneous group of property classified as agricultural according to the classifications and strata specified by the commissioner. (3) 'Commercial property' means all property contained in the homogeneous group of property classified as commercial according to the classifications and strata specified by the commissioner. (4) 'Industrial property' means all property contained in the homogeneous group of property classified as industrial according to the classifications and strata specified by the commissioner. (5) 'Residential property' means all property contained in the homogeneous group of property classified as residential according to the classifications and strata specified by the commissioner. (c)(l) A person as defined in paragraph (18) of Code Section 48-1-2 who is a taxpayer who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-7-20 or 48-7-21 in an amount not to exceed 10 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on resi dential property or agricultural property owned by that person or that person's spouse or dependent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.

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(2) A person as defined in paragraph (18) of Code Section 48-1-2 who has no income or no income taxable under Code Section 48-7-20 or 48-7-21 may claim a tax credit under this Code section in an amount not to exceed 10 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on residential property or agricultural property owned by that person or that person's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.
(3) A person shall only be authorized to claim for a tax year one of the credits pro vided for in paragraph (1) or (2) of this subsection and in no event more than one of such credits.
(d)(l) A person as defined in paragraph (18) of Code Section 48-1-2 who is a taxpayer who files an income tax return shall be allowed a credit against the tax imposed under Code Section 48-7-20 or 48-7-21 in an amount not to exceed 5 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on com mercial property or industrial property owned by that person or that person's spouse or dependent in the year for which the tax return is filed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.
(2) A person as defined in paragraph (18) of Code Section 48-1-2 who has no income or no income taxable under Code Section 48-7-20 or 48-7-21 may claim a tax credit under this Code section in an amount not to exceed 5 percent of the amount of ad valorem taxes paid by that person or that person's spouse or dependent on commercial property or industrial property owned by that person or that person's spouse or dependent in the year for which the tax credit is claimed; provided, however, that in no event shall the amount of such credit claimed on any such return exceed $250.00.
(3) A person shall only be authorized to claim for a tax year one of the credits pro vided for in paragraph (1) or (2) of this subsection and in no event more than one of such credits.
(e)(l) With respect to any single tract of property in which one or more corporations have an ownership interest, only one corporation may claim the credit under this Code section.
(2) Any property tax payment in any year with respect to which a credit is granted under any provision of this Code section shall not qualify for an additional credit for
the same year for the same person or any other person under any provision of this Code section. (3) A person shall only be authorized to claim for a tax year one of the credits pro vided for in subsection (c) or (d) of this Code section and in no event more than one of such credits. (f) The tax credit claimed by a taxpayer pursuant to this Code section shall be deduct ible from the taxpayer's income tax liability, if any, for the tax year in which it is prop erly claimed. In the event the tax credit claimed by a taxpayer exceeds the amount of income tax payment due from the taxpayer, the excess of the credit over payments due shall be refunded to the taxpayer, provided that a tax credit properly claimed by a per son who has no income tax liability shall be paid to the person; and provided, further, that no refunds or payment on account of the tax credit allowed by this Code section shall be made for amounts less than $1.00. No such tax credit shall be allowed the tax payer against prior or future years' tax liability. (g) All claims for a tax credit under this Code section, including any amended claims, must be filed on or before the end of the twelfth month following the close of the tax able year for which the credit may be claimed. Failure to comply with this subsection shall constitute a waiver of the right to claim the credit. (h) The tax credit provided for in this Code section shall be in addition to and not in lieu of any other tax credit authorized under this title. (1)(l) The commissioner shall provide that any return or other form used for purposes of claiming the credit under this Code section shall indicate prominently in boldface type in the designated location for claiming the credit the following: 'PROPERTY TAX CREDIT.' (2) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section."

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SECTION 2. This Act shall become effective on January 1, 1996, and shall be applicable to all income tax years beginning on or after that date with respect to ad valorem taxes on real or per sonal property paid on or after that date.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
Representative Royal of the 64th moved that the House adopt the report of the Com mittee of Conference on HB 38.
On the motion, 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 YByrd Y Randall Y Randolph YRay Y Reaves Y Reichert Y Roberts Y Rogers Y Royal Y Sanders Y Sauder Y Scoggins Y Shanahan

Y Campbell 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 N Davia, G Y Davis, M YDay Y DeLoach, B Y DeLoach, G YDix Y Dixon, H Y Dixon, S Y Dobbs 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 Ehrhart
YEpps Y Evans
Y Falls Y Felton Y Floyd YGodbee 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 Smith, W YSmyre
Y Snelling YSnow Y Stallings Y Stancil, F Y Stancil, S
Stanley, L Y Stanley, P Y Stephenson Y Streat Y Taylor

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 YLakly YLane Y Lawrence YLee Y Lewis Y Lifsey YLord Y Lucas
Maddox YMann
Teague Y Teper Y Thomas Y Tillman
Titus Y Towery YTrense Y Turnquest Y Twiggs Y Walker, L Y Walker, R.L YWall

Y Martin YMcBee Y McCall Y McClinton
McKinney Y Mills
Mobley, B Y Mobley, J Y Mosley Y Mueller Y O'Neal YOrrock YParham 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 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 motion, the ayes were 168, nays 1. The motion prevailed.

Representative Stanley of the 50th stated that she had been called from the floor of the House during the preceding roll call. She wished to be recorded as voting "aye" thereon.

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

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

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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.

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.

HB 996. By Representatives Wiles of the 34th, Parsons of the 40th, Shipp of the 38th and others:
A bill to amend an Act creating the State Court of Cobb County, so as to increase the compensation of the solicitor.

HB 1008. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to provide for nonpartisan primaries and elections for members of the board of education of Pike County.

HB 1010. By Representative Crawford of the 129th:
A bill to amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, so as to change the compensa tion of the chairman and members of the board of commissioners.
HB 1011. By Representative Crawford of the 129th:
A bill to amend an Act providing for the election of members of the board of education of Pike County, so as to change the compensation of the mem bers of such board.

HB 1037. By Representatives Jenkins of the 110th and Birdsong of the 123rd: A bill to create a board of elections and registration for Jones County.

HB 1038. By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide certain restrictions on the transfer of ownership or operation of a certain county landfill; to provide certain restrictions on the acceptance of waste generated out of the county.

HB 1039.

By Representative Murphy of the 18th:
A bill to amend an Act providing a new charter for the City of Buchanan, so as to annex certain territory into the city and change the corporate limits of the city.

HB 1040. By Representatives Purcell of the 9th and Twiggs of the 8th:
A bill to amend an Act creating a board of commissioners of White County, so as to re-create the board of commissioners.

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HB 1041.

By Representatives Evans of the 28th and Breedlove of the 85th:
A bill to amend an Act creating the Board of Commissioners of Forsyth County, so as to change the provisions relating to the expense allowance of the chairman and members of the board.

HB 1043.

By Representative Powell of the 23rd:
A bill to amend an Act placing the clerk of the superior court and the judge of the Probate Court of Hart County on an annual salary, so as to change the provisions relating to the compensation of the clerk of the superior court; to change the provisions relating to the compensation of the judge of the pro bate court.

HB 1044.

By Representative Powell of the 23rd:
A bill to amend an Act creating the office of tax commissioner of Hart County, so as to change the provisions relating to the compensation of the tax commissioner.

HB 1050.

By Representative Connell of the 115th:
A bill to amend an Act providing a new charter for the City of Hephzibah, so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Hephzibah.

HB 1051.

By Representative Connell of the 115th:
A bill to amend an Act chartering the City of Augusta as the "City Council of Augusta," so as to provide for a reorganized government in Richmond County; to repeal the charter of the City of Augusta.

HB 1052.

By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act creating the board of commissioners of Monroe County," so as to change the amount of compensation of the chairperson and members of the board of commissioners.

HB 1053.

By Representative Jenkins of the 110th:
A bill to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for the County of Monroe," so as to provide that the local custodian and local registrar of such county shall be authorized to retain all fees authorized by Code Sections 31-10-8 and 31-10-27 of the O.C.G.A.

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

HR 79. By Representative Channell of the lllth: A resolution designating the Lake Oconee Parkway.

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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.

HR 242. By Representatives Hudson of the 156th, Walker of the 141st, Reaves of the 178th and others: A resolution creating the Georgia Agricultural Exposition Center Horse Rac ing Facility Study Committee.
HR 291. By Representative Cox of the 160th: A resolution naming the Bartow Gibson Highway.
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.
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.

HR 420. By Representatives Teper of the 61st, Baker of the 70th, Lawrence of the 64th and others:
A resolution creating the Joint Study Committee on DeKalb County's Form of Government.

HR 497. By Representatives McCall of the 90th, Jamieson of the 22nd and Powell of the 23rd:
A resolution recognizing Honorable Charles W. Yeargin and urging the State Board of Technical and Adult Education to designate the "Charles W. Yeargin Building".

The Senate has agreed to the House amendments to the following bills of the Senate:

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.

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

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reaches the age of 21 years.

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 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 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 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 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 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.

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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 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.

The Senate has agreed to the House amendment to the following resolution of the Senate:

SR 253. By Senators Johnson of the 2nd, Walker of the 22nd, Kemp of the 3rd and others:
A resolution creating the Community Economic Development Task Force to coordinate and promote growth and economic development efforts of rural, minority, and economically distressed communities of Georgia.

The Senate has agreed to the House substitute to the following bills of the Senate:

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 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 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.

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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 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 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 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 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 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 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 202. By Senators Gillis of the 20th, Hooks of the 14th, Edge of the 28th and oth-

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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 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 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 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 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.

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 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.

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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 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 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 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 385. By Senators Gillis of the 20th, Dean of the 31st and Ray of the 19th:
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.

SB 461. By Senators Isakson of the 21st, Clay of the 37th, Thompson of the 33rd and Tanksley of the 32nd:
A bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, as amended, so as to change the compensation of the tax commissioner, the chief clerk, and the executive secretary.

SB 478. By Senators Clay of the 37th and Isakson of the 21st:
A bill to amend an Act providing for the compensation of the judge of the Juvenile Court of Cobb County, as amended, so as to provide for a change in the compensation of the judges of the Juvenile Court of Cobb County.

The Senate has agreed to the House amendments to the Senate amendments to the following bills of the House:

HB 250. By Representatives Walker of the 141st and Royal of the 164th:

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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".

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.

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.

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".
The Senate has agreed to the House amendments to the Senate substitute to the fol lowing bills of the House:

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.
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.
. 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

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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.

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.

HB 616. By Representatives Lord of the 121st, Culbreth of the 132nd, Henson of the 65th 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.

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.

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.

HB 923. By Representatives Coker of the 31st, Sauder of the 29th, Shipp of the 38th 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.

The Senate has adopted the report of the Committee of Conference on the following resolutions of the House:

HR 277. By Representative Reichert of the 126th: A resolution compensating Mr. Robert T. Cramer.

HR 319. By Representative Reichert of the 126th:

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2671

A resolution compensating Five Star Dodge, Inc.

The Senate has adopted the report of the Committee of Conference on the following bills of the Senate and House:

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 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 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 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 430. By Senators Johnson of the 2nd and Johnson of the 1st:
A bill to amend an Act creating a new charter for the Town of Thunderbolt, as amended, so as to change the provisions relating to the powers of the mayor and town council; to create the position of town clerk and the position of town administrator and provide for their appointment, powers, duties,

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compensation, and removal; to change the provisions relating to the munici pal court, the judge thereof.

HB 38. By Representatives Buck of the 135th, Royal of the 164th, Skipper of the 137th 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.

HB 62. By Representatives Walker of the 141st, Murphy of the 18th, Lee of the 94th and others:
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.

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.

HB 154. By Representatives Smith of the 175th, Polak of the 67th, Murphy of the 18th 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.

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.

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.

HB 365. By Representatives Skipper of the 137th, Walker of the 141st, Godbee of the 145th 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.

HB 435. By Representatives Dobbs of the 92nd, Barfoot of the 155th and Cox of the 160th:

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2673

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.

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.

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.

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.
The Senate has adopted the report of the Committee of Conference #2 on the follow ing bills of the House:

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.

HB 423. By Representatives Holmes of the 53rd, Canty of the 52nd, Kinnamon of the 4th and others:
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.

The Senate recedes from its amendment to the following resolutions of the House:

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

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Bibb County as the Denmark Groover, Jr., Hospital.

HR 95. By Representatives Snow of the 2nd, Smith of the 174th, Stancil of the 91st and others:
A resolution recreating the Aged and Disabled Transportation Task Force.

The Senate recedes from its substitute to the following resolution of the House:

HR 80. By Representative Parham of the 122nd: A resolution compensating Mr. Alonzo Key.

The Senate recedes from its amendments to the following bills of the House:

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.

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.
HB 524. By Representatives Golden of the 177th, Royal of the 164th, Jamieson of the 22nd 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 Senate recedes from its substitute to the following bills of the House:

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.

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.

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2675

The Senate recedes from Senate amendment #1 and agrees to the House amendment to Senate amendment #2 to the following bill of the House:

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.

The Senate has agreed to the House amendment to Senate amendment #2 to the fol lowing bill of the House:

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 Senate recedes from its disagreement to the House substitute and agrees with the House substitute to the following bill of the Senate:

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.
The Senate recedes from its disagreement to the House amendment to the Senate amendment and agrees to the House amendment to the Senate amendment to the follow ing bill of the House:

HB 1013.

By Representatives Lawrence of the 64th, Ladd of the 59th, Williams of the 63rd and others:
A bill to amend an Act providing for the compensation of certain county offi cers and officials of DeKalb County, so as to change the compensation of and provisions relating to the chief executive officer of DeKalb County, the mem bers of the board of county commissioners, the sheriff, the judge of the pro bate court, the clerk of the superior court, the judge of the juvenile court, the tax commissioner, the judge and solicitor of the state court, the associate magistrate and chief magistrate, and the district attorney.

The Speaker announced the House adjourned sine die.

INDEX TO JOURNAL
OF THE
HOUSE OF REPRESENTATIVES
REGULAR SESSION 1995
PART I -- ALPHABETICAL TABULATION (House and Senate Bills and Resolutions)
PART II --NUMERICAL TABULATION (House Bills)
PART III -- NUMERICAL TABULATION (House Resolutions)
PART IV -- NUMERICAL TABULATION (Senate Bills in House)
PART V -- NUMERICAL TABULATION (Senate Resolutions in House)

HOUSE JOURNAL
PART I
HOUSE AND SENATE BILLS AND RESOLUTIONS
AARP DAY AT THE CAPITOL; recognize...................................................................HR 90 ABANDONMENT, PROPERTY
Derelict motor vehicle; determination of value..............................................................HB 186 Motor vehicles; lien foreclosure; attorney's fees...............................................................SB 87 Motor vehicles; procedures for reporting........................................................................HB 185 ABERCROMBIE, BETH; commend...............................................................................HR 493 ABORTION Amend provisions.................................................................................................................HB 43 Woman's Right to Know Act; enact................................................................................HB 392 ACCOUNTANTS; licensed public accountants; provisions..........................................HB 703 ACREE, RENVA; invite to House....................................................................................HR 464 ACWORTH, CITY OF Annex property in Cobb County......................................................................................HR 155 Convey property..................................................................................................................HR 458 AD VALOREM TAX Airport property; more than one county.........................................................................HB 790 Board of tax assessors; chief appraiser; appointment or removal...............................HB 651 Certain business exemption; local ordinance....................................................................HB 93 Certain business exemption; local ordinances - CA........................................................HR 20 Counties and municipalities; taxes and license fees;
grounds for refund..........................................................................................................HB 441 Enterprise zones; creation by counties or municipalities;
General Assembly provide by general law - CA...........................................................SR 64 Exempt certain federal property transfer .......................................................................HB 630
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INDEX

AD VALOREM TAX (Continued) Exempt certain historical fraternal benefit associations ..............................................HB 399 Exempt certain nonprofit museums ................................................................................HB 252 Exempt certain vans and buses........................................................................................HB 756 Homestead exemption; deceased veterans; certain survivors ......................................HB 667 Homestead exemption; deceased veterans; certain survivors - CA.............................HR 299 Homestead exemption; spouse or minor children of certain persons killed in military combat................................................................................HB 357 Homestead Option Sales and Use Tax Act; enact........................................................HB 108
Insurance premium taxes; proceeds.................................................................................HB 550 Intangible personal property tax; change certain rate provisions...................................HB 9
Intangible personal property tax; rate provisions; certain recordation limitation ........................................................................................................HB 5
Intangible personal property tax; repeal.............................................................................HB 7 Intangible personal property tax; repeal...........................................................................HB 12
Intangible personal property tax; repeal; remove certain recordation limitation ........................................................................................................HB 6
Intangible recording tax; remove certain maximum limitation.......................................HB 8 Judicial sales; advertisement; street address of property.............................................HB 182
Land bank authority; property acquisition; tax executions; certain transfers.................................................................................................................SB 89
Limitation on increases - CA..............................................................................................HR 96 Limitation on increases; Consumer Price Index............................................................HB 329 Low-income housing renovation exemption - CA............................................................HR 12 Millage rate limitation - CA .................................................................................................HR 7
Millage rate limitation - CA ...............................................................................................HR 26 Motor carrier of property; flat-rate; one-time license plate fee ..................................HB 733 Motor vehicle registration; staggered over 12-month or 4-month period..................HB 379 Motor vehicle registration; staggered over 12-month or 4-month period..................HB 487
Motor vehicle registration; staggered over 12-month or 4-month period...................SB 280 Motor vehicle registration; staggered over 12-month period.......................................HB 237 Motor vehicle registration; staggered over 12-month period.......................................HB 238
Motor vehicle registration; staggered over 12-month period.......................................HB 352 Motor vehicle registration; staggered over 12-month period.......................................HB 538 Motor vehicle rentals; fixed rental fee............................................................................HB 797
Motor vehicles; replacement license plate or decal; permanent license plates for certain trailers..............................................................HB 571
Property assessment at 100% of fair market value; provide.......................................HB 831 Property Tax Credit Act of 1995; enact............................................................................HB 38 Property tax; freeport inventory exemption; additional waiver..................................HB 652
Property tax map and parcel number; include on deeds.............................................HB 507 Real property; eligibility for homestead exemptions; notification..............................HB 608 Returns; digests; hearings; amend provisions.................................................................HB 825
Sales tax on food; proceeds used for property tax relief - CA......................................HR 37 School district sales tax; General Assembly authorize by
general law - CA .............................................................................................................HR 263 School Property Tax Credit Act of 1995; enact...........................................................HB 1074 School Property Tax Relief Fund; authorize creation - CA............................................HR 4
Standing timber; millage rate; weighted average prices; owner harvests...................HB 755 State levy; repeal certain provisions..................................................................................HB 18 Tangible personal property; tax exemption; increase...................................................HB 754
Tax assessment appeals; arbitrator; State Bar member...............................................HB 193 Tax assessment appeals; interest.....................................................................................HB 286 Tax assessment; notice of appeal; time for filing..........................................................HB 110 Tax executions; certain transfers; statewide applicability...........................................HB 816
Tax information exchange; include tax assessors........................................................HB 1026 Tax sales; judicial in rem tax foreclosure; provisions ....................................................SB 338 Unpaid taxes; waive certain penalties.............................................................................HB 523

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INDEX

2681

ADJOURNMENT Adjourn 1/13/95; reconvene 1/23/95; remainder of session; adjourn each Friday and reconvene each Monday......................................................HR 18 Adjourn 2/22/95; reconvene 2/27/95................................................................................HR 403 Adjourn 2/22/95; reconvene 2/27/95..................................,..............................................SR 256 Adjourn 3/1/95; reconvene 3/6/95.....................................................................................SR 289 Adjourn 3/15/95; reconvene 3/17/95................................................................................HR 601
ADMINISTRATIVE PROCEDURE Cemetery Act; contested cases; decision maker.............................................................HB 706 Central bid registry; provisions........................................................................................HB 696 Commodities; contested cases; decision maker..............................................................HB 707 Education; Professional Standards Commission; hearings procedures .......................SB 281 Educators; Professional Practices Commission tribunal; assistance by Office of Administrative Hearings........................................................SB 294 Game fish; creel and possession limits; trout waters; move certain streams from list with seasons to list without seasons.................................SB 201 Professions and businesses; amend licensing provisions; examining board investigators; membership in Peace Officers' Annuity and Benefit Fund............................................................................................HB 326 Secretary of State; clarify power to issue rules and regulations concerning duties of office.........................................................................SB 343 Securities; contested cases; assistant commissioner decide..........................................HB 705 Withdrawal, diversion, or impoundment of surface and ground waters; permits.................................................................................................................SB 202
ADMINISTRATIVE SERVICES, DEPARTMENT OF Central bid registry; provisions........................................................................................HB 696 Certain purchases; state of emergency; Emergency Management Agency ................HB 288 Computer Services and Telecommunications Division; commend..............................HR 524
ADMINISTRATORS AND EXECUTORS (See Wills, Trusts and Administration of Estates)
ADOPTION Certain adoptions; remove limitation on financial assistance.....................................HB 253 Judicial challenge; time limitation....................................................................................SB 307 Parental rights termination; placement of child; list of relatives ...............................HB 747 Sale of child by parent or guardian; prohibit .................................................................SB 130
ADVERTISING Advertisements for legal services; disclosure..................................................................HB 304 Department of Public Safety Nomenclature Act of 1995; enact; Georgia Bureau of Investigation Nomenclature Act of 1995; enact .......................HB 212 Judicial sales; legal ads; statutory rates..........................................................................HB 581 Public roads; declaration of policy; amend definition ..................................................HB 721 Trade practices; false advertising of legal services; cause of action; treble damages....................................................................................................SB 249 Unfair or deceptive practices; certain solicitation; telephone classified advertising directory ......................................................................................SB 361 Workers' compensation; corporate exemptions; subrogation; fraud and compliance unit; mediator; payment of penalties....................................SB 323 Workers' compensation; corporate exemptions, subrogation, penalties, fraud; amend provisions; Workers' Compensation Truth hi Advertising Act; enact...................................................................................HB 596
"AFRICAN AMERICAN BUSINESS ENTERPRISE DAY"; recognize ...........HR 315
AGED (See Elderly)

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2682

INDEX

AGENCIES (See Named Agency or State Government)
AGENT (See Principal and Agent)
AGRICULTURE Agricultural products; processing fees; industry promotion - CA...............................HR 367 Agrirama Development Authority; membership............................................................HB 792 Animal care and control officers; certification.............................................................HB 1084 Aquatic Plant Control Act; enact.....................................................................................HB 156 Commissioner; solicit contributions for Farmers and Consumers Market Bulletin...............................................................................................................SB 374 Cooperative marketing associations; amend provisions ................................................HB 125 Domestic motor fuel; sales and use tax and motor fuel tax exemptions...................HB 961 Equipment used for drying farm crops; sales tax exemption......................................HB 127 Farmers' markets; signs, misting equipment, composting facilities..........................HB 1024 Georgia Agricultural Exposition Center Horse Racing Facility Study Committee; create...............................................................................................HR 242 Joint Study Committee on Georgia Agricultural Education; create ...........................SR 163 Labeling; country of origin of peanuts; urge Congress require...................................HR 173 Natural products and chattels; failure to pay; repeal provisions................................HB 728 Peanuts and peanut products; labeling requirements...................................................HB 126 Sales tax; farm equipment, milling machinery, and farm related machinery; routine repair not fabrication.......................................................HB 94 Tobacco handling by warehousemen; maximum charges.............................................HB 163 Vehicle loads; maximum gross weight; certain commodities .......................................HB 490 Vidalia onion marketing; amend provisions ...................................................................HB 208 Vidalia onion production area; include Tift County.....................................................HB 781
AIKEN, KIMBERLY; Miss America 1994; commend..................................................HR 274
AIRLINES AND AIRPORTS (See Aviation)
ALBANY, CITY OF Albany-Dougherty County Day at the Capitol; declare 2/23/95; invite representatives to House ....................................................................................HR 321
ALCOHOLIC BEVERAGES AND ALCOHOLISM Alcoholics and drug dependent persons; restrict methadone dosages........................HB 839 Brewpub; licensing provisions...........................................................................................HB 374 Certain counties; repeal sales by drink in restaurants and clubs...............................HB 517 Consumption on premises; Olympic events....................................................................HB 583 Distilled spirits; sales by drink for consumption on premises; referendum upon resolution..........................................................................................HB 680 Distinctive driver's license; "DUI offender"...................................................................HB 203 Driver's license; distinguishable markings for DUI conviction ....................................SB 211 Driving under the influence; blood alcohol concentration.........................................HB 1096 Driving under the influence; blood alcohol concentration..............................................SB 66 Driving under the influence; breath test; two sequential samples required.............................................................................................................HB 610 Driving under the influence; endangering a child; notice of conviction ....................HB 496 Driving under the influence; second offense; marked driver's license .......................HB 135 Education; home economics study to include parenting instruction.............................SB 68 Firearms; possession, purchases, dealers, background checks, regulation; amend provisions ...........................................................................................SB 58 House Prevention of Driving Under the Influence by Young Drivers Study Committee; create.................................................................................HR 369 Motor vehicles; amend provisions relating to DUI; seat belt requirements and curfew for minors ..............................................................................SB 79 Open container in motor vehicle; prohibitions; exceptions.............................................SB 60

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INDEX

2683

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) Penal institutions; certain inmates; Alcohol or Drug Use Risk Reduction Program required ................................................................................SB 154 Penal institutions; condition of parole; completion of Alcohol and Drug Use Risk Reduction Program.......................................................HB 229 Professional counselors; licensing; include addiction counseling ..............................HB 1082 Residential community development districts; provisions; brewery tours.................HB 354 Revenue, Department of; certain special agents; retain weapon and badge after 25 years of service...............................................................................SB 394 Sales; prohibited conduct on premises; repeal; reenact................................................HB 239 Satellite DUI alcohol or drug use risk reduction programs.........................................HB 582 Tax exempt status of Stone Mountain Memorial Association; exception .................HB 475 Tax reform; applicability ...................................................................................................HB 692
ALCOVY JUDICIAL CIRCUIT .........................................................................................................................HB 236 .........................................................................................................................HB 934
Addjudge..............................................................................................................................SB 278 Judges; salary supplement...............................................................................................HB 1023 Judges; salary supplement..................................................................................................SB 466
ALEXANDER, WILLIAM A., JR., M. D.; commend................................................HR 594
ALIMONY AND CHILD SUPPORT Alimony; alternative dispute resolution..........................................................................HB 704 Certain violation; confinement in diversion center............................................................SB 7 Child support computation; gross income of both parents..........................................HB 548 Child support; include life insurance on one or both parents......................................SB 423 Child support; noncompliance; limit issuance of business license...............................SB 227 Child support receivers; prohibit bonuses or commissions...........................................SB 213 Child support; revise method of calculation.....................................................................HB 72 Divorce and alimony; determination by judge - CA.....................................................HR 328 Juveniles in detention; court ordered child support.....................................................HB 554 Paternity petition; appointment of guardian ad litem.................................................HB 339
ALLEN, C. W. "WOODY"; commend.............................................................................HR 257
ALPHA KAPPA ALPHA SORORITY, INC Invite director and members to House...........................................................................HR 265
AMBULANCES (See Emergencies and Emergency Services)
AMENDMENTS TO THE CONSTITUTION (See Constitutional Amendments)
AMERICAN JEWISH COMMITTEE, ATLANTA CHAPTER; commend.......HR 672
AMERICAN MEDICAL ASSOCIATION ALLIANCE AND MS. WILLIAM C. "BARBARA" TIPPINS; commend ........................................HR 528
AMUSEMENTS; Amusement and carnival rides; amend provisions........................................................HB 271 Merit system; unclassified service; certain Labor Department personnel....................................................................................................HB 261
ANDERSON, PAUL EDWARD Condolences; invite Glenda Anderson to House............................................................HR 301
ANDREWS, LEE BETH; commend ...............................................................................HR 394
ANGELICA, SALVITORE; commend ...........................................................................HR 564
ANIMALS Accelerant detection dog; penalty for destroying or injuring......................................HB 655

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2684

INDEX

ANIMALS (Continued) Animal care and control officers; certification.............................................................HB 1084 Beekeepers; permit to kill certain bears .........................................................................HB 804 Birds; amend provisions....................................................................................................HB 277 Bovine professionals engaged in bovine activities; liability.........................................HB 565 Georgia Agricultural Exposition Center Horse Racing Facility Study Committee; create................................................................................HR 242 House Fire Ant Study Committee; create......................................................................HR 239 Llama activities; sponsors and professionals; civil liability limitation............................................................................................................SB 187 Open records; exempt certain historic property and location of certain rare species of plants or animals.................................................................SB 170 Ratites; include in livestock definition and provisions.................................................HB 220 Wildlife; certain claims against state.............................................................................HB 1094 Wildlife; feeding or baiting alligator; prohibit...............................................................HB 401 Wildlife management area; required clothing during deer season..............................HB 991
ANNE ELIZABETH SHEPHERD HOME Twin Cedars Youth Services, Inc.; commend.................................................................HR 313
APPEAL AND ERROR Appeal from death sentence; consolidated single appeal...............................................HB 57 Appeals; domestic relations cases; amend provisions....................................................HB 191 Bailable offenses and appeal bonds; aggravated stalking.............................................HB 413 Criminal sentences; appellate and habeas corpus review; time limit - CA.................HR 25 Health Code violations; injunction cases filed by Human Resources Department and county boards of health...................................................SB 69
APPEALS, COURT OF Assistance of other judges; provisions..............................................................................SB 279 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges...............................................................................HR 16 State Commission on Judicial Compensation; General Assembly create by law - CA...........................................................................................SR 97
APPROPRIATIONS AND FISCAL AFFAIRS Amendments or substitutes having fiscal impact; fiscal note required.....................HB 602 Appropriation and expenditure of state funds; revise procedures - CA........................HR 2 Behavior inconsistent with laws of state; prohibit state funds ...................................HB 694 Budget; limit growth to gross state product growth - CA..............................................HR 98 Budgetary Responsibility Oversight Committee; members; Research Office; certain oversight functions ..............................................................HB 233 Counties; unfunded state mandates; hardship relief - CA...........................................HR 171 General appropriations; FY 1995-96..................................................................................HB 96 General appropriations; FY 1995-96................................................................................HB 202 General bills increasing taxes or fees; approval - CA ...................................................HR 105 General bills increasing taxes or fees; approval - CA ...................................................HR 119 General bills raising revenue; two-thirds vote - CA........................................................HR 51 Governor; reduce appropriations - CA..............................................................................HR 24 Governor's budget report; include multiple-year estimates of revenue and spending projects.................................................................................HB 334 House Privatization Review Committee; create.............................................................HR 366 Joint Privatization Review Committee; create...............................................................HR 365 Labor, Department of; supplemental appropriation; Unemployment Trust Fund ..........................................................................................HB 164 Local government impact fiscal notes; comprehensive revisions................................HB 772 Lottery proceeds; change net proceeds percentage .......................................................HB 521 Medicaid recipients; reimbursement from estates; urge repeal.....................................HR 22 Office of inspector general; create - CA............................................................................HR 77

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INDEX

2685

APPROPRIATIONS AND FISCAL AFFAIRS (Continued) Pete Hackney Parking Facility; designate......................................................................HR 368 Privatization Review Committee; create.........................................................................HB 434 Public funds; securing of deposits; pooling of collateral............................................HB 1063 State purpose tax; defme.....................................................................................................HB 89 State purpose tax; effective prior to referendum - CA...................................................HR 29 Supplemental appropriations; FY 1994-95 .......................................................................HB 95 Supplemental appropriations; FY 1994-95 .....................................................................HB 201 Supplemental appropriations; prohibit; exceptions - CA.............................................HR 237
ARBOR DAY IN GEORGIA; recognize 103rd anniversary .......................................HR 338
ARCADE, CITY OF; new charter....................................................................................HB 801
ARCHITECTS Public school buildings; architect's or engineer's plans................................................HB 383 State auditor; statistical duties; certain Department of Transportation contracts ..........................................................................................HB 328
ARCHIVES State Museum and State Library Study Commission; recreate..................................HR 122
ARGENTINA; participation in 1996 Olympics; commend ...........................................HR 682
ARRESTS Notice to accused; commitment hearing .........................................................................HB 119 Sureties on criminal bonds; increase fees .......................................................................HB 925
ARTHUR LANGFORD, JR., MEMORIAL PARKWAY; designate.......................SR 44
ARTS Consignment of Art Act; enact.........................................................................................HB 477 "Women's History Month"; designate March, 1995 .....................................................HR 382 Works of fine art; duplication agreement; increase aggregate obligation..........................................................................................................................HB 873 Youth Art Month; commend............................................................................................HR 421
ASSOCIATION COUNTY COMMISSIONERS OF GEORGIA; commend .....HR 604
ATKINS, HONORABLE BILL Communication...................................................................................................................Page 57 Invite to House...................................................................................................................HR 427
ATKINSON COUNTY HIGH SCHOOL REBELS BASKETBALL TEAM; recognize...............................................................................HR 669
ATLANTA, CITY OF Alternative Schools and Reeducation Act; enact...........................................................HB 149 Board of education; seat belts required for new school buses .....................................SB 476 Certain cities; traffic court; penalties and bail; population .........................................HB 625 City of Atlanta-Fulton County Intergovernmental Services Advisory Commission; create........................................................................................HB 993 Corporate limits..................................................................................................................HB 730 Fulton County; library system; add member from DeKalb.........................................HB 396 Harvard, Chief Beverly; invite to House ........................................................................HR 372 House Atlanta-Fulton County Consolidation of Services Study Committee; crcate...............................................................................................HR 481 Payment date for taxes.................,....................................................................................HB 766 Rhodes Memorial Hall; rental agreement.........................................................................HR 81 Urban enterprise zones; minimum acreage......................................................................SB 254
ATLANTA SYMPHONY ORCHESTRA; commend on 50th anniversary ............HR 281

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2686

INDEX

ATTORNEY GENERAL Represent state; capital felony cases before Supreme Court.......................................HB 837 Represent state; capital felony cases before Supreme Court - CA.............................HR 401
ATTORNEYS Abandoned motor vehicles; lien foreclosure; attorney's fees ..........................................SB 87 Advertisements for legal services; disclosure..................................................................HB 304 Capital felony cases; expenses reimbursable to counties...............................................SB 313 Civil cases; court costs and attorney's fees.....................................................................HB 159 Contested elections; fees....................................................................................................HB 894 Criminal cases; competency................................................................................................HB 61 Employment by county officers; defense of actions in lieu of insurance...................HB 605 Guardians of wards and incapacitated adults; counsel and guardian ad litem; prohibition.......................................................................................SB 147 Insurance: Special Insurance Fraud Fund: create..........................................................SB 208 Motor vehicle accident insurance claims; certain referrals for a fee; prohibit.............................................................................................................SB 369 Tax assessment appeals; arbitrator; State Bar member...............................................HB 193 Trade practices; false advertising of legal services; cause of action; treble damages.....................................................................................SB 249 Venue; additional procedures for change........................................................................HB 673 Workers' compensation; corporate exemptions, subrogation, penalties, fraud; amend provisions; Workers' Compensation Truth in Advertising Act; enact...................................................................................HB 596
AUCTIONEERS; amend provisions.................................................................................HB 779
AUDITS AND AUDITORS Amendments or substitutes having fiscal impact; fiscal note required .....................HB 602 Economic parity assessment; authorize study by Department of Audits and Accounts.................................................................................................HR 243 Fiscal retirement bills; cost reduction amendments; actuarial study.........................HB 136 Income tax deductions; statistical surveys......................................................................HB 900 Motor vehicle franchisors; audits; time limitation......................................................HB 1089 Privatization Review Committee; create.........................................................................HB 434 State auditor; annual personnel report; amend provisions..........................................HB 578 State auditor; statistical duties; certain Department of Transportation contracts...............................................................................................HB 328
AUGUSTA, CITY OF Augusta-Richmond County Commission-Council; governing authority of Richmond County...................................................................................HB 1054 Augusta-Richmond County Commission-Council; provisions......................................HB 805 Repeal charter; Richmond County; reorganize government......................................HB 1051 Repeal charter; Richmond County; reorganize government......................................HB 1056
AUGUSTA JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 236 Addjudge..............................................................................................................................SB 325
AUSTELL, CITY OF; official map of corporate limits.................................................SB 414
AUTHORITIES Agrirama Development Authority; membership............................................................HB 792 Fulton County and MARTA; convey property................................................................HR 49 Housing and finance; facilitate economic development................................................HB 323 Housing authorities for certain Indian tribes; create....................................................HB 293 Housing authorities; officers and employees; immunity...............................................HB 390 Housing authority police; provisions...............................................................................HB 101 Indian Housing Authorities; American Indian tribes ....................................................SB 123

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INDEX

2687

AUTHORITIES (Continued) Land bank authority; property acquisition; tax executions; certain transfers.................................................................................................................SB 89 Landlord and tenant; housing authorities; demand for possession and lease termination notice......................................................................HB 258 Law enforcement officers; residence in high crime area; financing............................HB 429 Local Government Authorities Registration Act; enact................................................HB 250 Local sales tax; maximum percent; exempt MARTA...................................................HB 693 MARTA; board members designate replacement...........................................................SB 370 MARTA; board of directors; compensation ....................................................................SB 310 MARTA security force; failed security; immunity ........................................................HB 597 North Georgia Mountains Authority; membership; Employees' Retirement............HB 407 Rail Passenger Authority; expense and travel allowances...........................................HB 777 Recreational Authorities Overview Committee; create; North Georgia Mountains Authority; alcoholic beverage sales ...........................................HB 120 Regional jail authorities; create........................................................................................HB 345 State auditor; annual personnel report; amend provisions ..........................................HB 578
AVIATION Ad valorem tax; airport property; more than one county............................................HB 790 Fire protection and safety; authority and duties of Firefighter Standards and Training Council...................................................................................SB 199
AVONDALE ESTATES, CITY OF; board of mayor and commissioners...............HB 819

BACON COUNTY; board of commissioners; compensation......................................HB 1022
BAIL Aggravated stalking; violation of peace bond or temporary protective order...............................................................................................................HB 415 Bailable offenses and appeal bonds; aggravated stalking.............................................HB 413 Bailable offenses; felonies; victim notification.................................................................HB 56 Bondsmen; fingerprints to Georgia Crime Information Center; FBI check..............HB 813 Certain serious violent felony cases; limitations upon granting of bail ........................SB 81 Crime victims; notification; custodial release or bail hearing........................................HB 54 Failure to appear in court; execution hearing; time period.........................................HB 926 Family violence; victim notification upon release on bail; victim information statement ........................................................................................SB 209 Murder charge; condition of bail; prohibit contact with juror....................................HB 103 Parole or probation; revocation; bond pending hearing...............................................HB 509 Stalking; redefine; peace bond violation .........................................................................HB 414 Sureties on criminal bonds; increase fees .......................................................................HB 925
BAINBRIDGE HIGH SCHOOL "BEARCAT" BAND; commend.......................HR 186
BAKER, COLONEL RUSSELL; invite to House.......................................................HR 152
BAKER, JOSHUA J.; commend......................................................................................HR 633
BAKES, WALTER CREDILLE; condolences..............................................................HR 585
BALDWIN COUNTY Grant easement....................................................................................................................SR 113 Homestead exemption; certain residents......................................................................HB 1018 State court; terms................................................................................................................SB 457
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2688

INDEX

BANKING AND FINANCE Automated teller machines and cash-dispensing machines; install at welcome centers .............................................................................................HB 147 Bad checks; service charge; debit account fraud; complaint costs..............................HB 425 Branch banking laws; comprehensive review and update.............................................SB 165 Branch banks; sale by parent bank.................................................................................HB 759 Business development corporations; interest on loans ...............................................HB 1078 Deceased intestate depositors; release of funds.............................................................HB 529 Dishonored check; motor vehicle insurance; cancellation of coverage ........................SB 238 Financial institutions; amend provisions .........................................................................SB 103 Immunity for disclosure of job performance..................................................................HB 297 Income tax; payment by credit card or debit card..........................................................HB 79 Interest and usury; interest on certain bankruptcy claims...........................................SB 408 Lender Self-referral Act; enact.........................................................................................HB 727 Outstanding instruments; restrictions on service charges ............................................HB 791 State banks; federal regulatory examination fee; urge Congress reject.....................HR 385
BANKRUPTCY Bankruptcy and intestate insolvent estates; individual retirement accounts; exemption...................................................................................HB 221 Interest and usury; interest on certain bankruptcy claims...........................................SB 408
BANKS COUNTY Chief magistrate; nonpartisan election...............................................................................SB 40 Probate judge; nonpartisan election...................................................................................SB 39
BANKS, HONORABLE CAROLYN LONG; commend...........................................HR 560
BARBERS Barbershops; licensing provisions; number of apprentices...........................................HB 822 Licensing; operation of mobile barbershops...................................................................HB 614
BARK CAMP BAPTIST CHURCH; commend on 134th anniversary ...................HR 270
BARNES, RONALD R.; commend..................................................................................HR 610
BARRIOS, CORPORAL BLYTHE AND TROOPERS FIRST CLASS JOHNNY B. HALL AND JOHN HEMBREE; commend ...................HR 575
BARROW COUNTY Lease property.....................................................................................................................HR 234 Lease property.....................................................................................................................HR 358
BARTOW COUNTY Board of education; districts..............................................................................................SB 459 Confirm property ownership................................................................................................SR 19 Convey property..................................................................................................................HR 419 Convey property..................................................................................................................SR 269
BARTOW GIBSON HIGHWAY; designate portion of State Highway 285............HR 291
BASS, MR. AND MRS. MARTIN L.; commend........................................................HR 566
BATTLE HILL MASONIC LODGE; commend.........................................................HR 396
BAYES, GAIL EVANS, M.S.W.; commend ..................................................................HR 516
BAZEMORE, EARL E., JR.; commend .........................................................................HR 407
BEACH HIGH SCHOOL CONCERT BAND; commend.........................................HR 587
BEAM, KIRBY AND LYNDA 1994 National Outstanding Tree Farmers; commend...................................................HR 431

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INDEX

2689

BEARD, COACH DON; commend..................................................................................HR 112
BEAUTY PAGEANTS Redefine as contests; written notices; bond amounts....................................................SB 232
BEAVERS, DR. ROBERT L. "JACKET"; commend ...............................................HR 709
BECKER, DR. SHERRI L.; commend...........................................................................HR 284
BEER (See Alcoholic Beverages and Alcoholism)
BEN HILL COUNTY; board of commissioners; compensation..................................HB 575
BENSON HAM ROAD; designate...................................................................................HR 438
BERKSTEINER, BETTYE ANNE WEST; commend .............................................HR 224
BERRY, MARGIE; commend...........................................................................................HR 693
BEVERAGE CONTAINERS Alcoholic beverages; open container in motor vehicle; prohibitions; exceptions....................................................................................................SB 60
BIBB COUNTY Civil court jurisdiction.......................................................................................................HB 938 Denmark Groover, Jr., Hospital; designate......................................................................HR 21 Keep Macon-Bibb Beautiful Commission, city and county officers, and Cherry Blossom Festival Board; invite to House ...............................HR 235 Macon-Bibb County Transit Authority; composition of board...................................HB 932
BICYCLES Hotels and motels; county and municipal levies; bike or pedestrian trails ..............................................................................................................HB 975 Riding on right side of roadway; exceptions..................................................................HB 552 Special county 1 % sales tax; sidewalks, bicycle paths, consolidated governments; certain exemption; not applicable................................HB 161
BIG MILLER GROVE BAPTIST CHURCH; congratulate....................................HR 646
BINGO; prize awards; increase amounts.............................................................................HB 20
BLACKSHEAR, CITY OF; corporate limits.................................................................HB 937
BLAIRSVILLE, CITY OF; corporate limits ...............................................................HB 1029
BLAIRSVILLE SORGHUM FESTIVAL; designate official sorghum festival.....HR 156
BLALOCK, MICHAEL COLIN; commend....................................................................HR 63
BLASTING; near underground pipes; utility responsibility.........................................HB 247
BLIND PERSONS (See Handicapped Persons)
BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Education; drug testing of students...............................................................................HB 1004 Educators Technology Training Commission; create.....................................................SR 122 Georgia Future Communities Commission; create........................................................HR 324 Institute for Community Business Development; create...............................................SB 404 Merit System; urge recruiting from Georgia's colleges and universities...............................................................................................................HR 581 Outstanding Scholars on Academic Recognition Day; commend................................HR 645 Postsecondary education; redefine eligible institution ....................................................SB 47 Retirement; employer's contribution...............................................................................HB 173 Retirement; employer's contribution...............................................................................HB 690

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2690

INDEX

BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA (Continued) Retirement; invest in mutual funds.................................................................................HB 172 State auditor; annual personnel report; amend provisions..........................................HB 578 Teachers or Regents Retirement; University System employees choose; regents plan investments.................................................................................HB 171 Technical Institutes and University System; commend..................................................SR 76
BOATS Amend certain boating safety zone..................................................................................HB 930 Boat Safety Study Committee; create................................................................................SR 86 Casino gaming; General Assembly authorize by law - CA...........................................HR 506 Certificate of title; provisions .........................................................................................HB 1045 Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses...............................................................................................HB 276 Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses..............................-..-...-..............-...........----------SB 111 Homicide by watercraft; define offense...........................................................................HB 223 Pilots and pilotage; amend; docking pilots; provisions.................................................HB 732 Pilots and pilotage; amend provisions.......................................................................----HB 489 State-owned marshland or water bottoms; authorization of lease for marinas or docks.............................................................................................HB 389 Watercraft accidents; duty to stop or return to scene--...............................................HB 225
BOILERS AND PRESSURE VESSELS Amend provisions--.........................--................----------..............................................HB 267 Merit system; unclassified service; certain Labor Department personnel....................................................................................................HB 261 Safety requirements; exempt autoclaves--......................................................................HB 321
BOLAND, MOST REVEREND JOHN KEVIN; commend.----.--................HR 432
BONAPARTE-MORRIS, MS. EDDIE; commend.....................................................HR 571
BONDS Aggravated stalking; violation of peace bond or temporary protective order...............................................................................................................HB 415 Bail bondsmen; fingerprints to Georgia Crime Information Center; FBI check....................................................................----............------..HB 813 Bailable offenses and appeal bonds; aggravated stalking.--.........................................HB 413 Bailable offenses; felonies; victim notification--..............................................................HB 56 Certain counties; prohibit bond issuance; exception.....................................................HB 843 Certain serious violent felony cases; limitations upon granting of bail........................SB 81 Counties; bond elections; advertisement provisions--...........................................----..HB 417 Failure to appear in court; execution hearing; time period.........................................HB 926 Family violence; victim notification upon release on bail; victim information statement........................................................................................SB 209 Financial institutions; amend provisions.........................................................................SB 103 Housing and finance authority; facilitate economic development..............................HB 323 Lottery; fidelity fund provisions.......................................................................................SB 400 Murder charge; condition of bail; prohibit contact with juror....................................HB 103 Notaries public; provisions.--.....................................................................................--....HB 987 Parole or probation; revocation; bond pending hearing...............................................HB 509 Public funds; securing of deposits; pooling of collateral ............................................HB 1063 Revenue bonds; redefine undertaking; include jails--...................................................HB 349 Sheriffs; deposits in interest-bearing accounts..............................................................HB 198 Stalking; redefine; peace bond violation......................................................................--HB 414 Sureties on criminal bonds; increase fees...............................................----..................HB 925 Surety bonds; workers' compensation; group self-insurance funds............................ HB 541
BONNER, DANIEL WESLEY, SR.; commend ..........................................................HR 551

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INDEX

2691

BOWERSVILLE, TOWN OF; new charter .................................................................HB 1007
BRACKETT, JOSHUA T. H.; commend.......................................................................HR 630
BRADFORD, BENNIE; commend..................................................................................HR 209
BRANDENBURG, CHARLOTTE; compensate..........................................................HR 172
BRANTLEY COUNTY; probate court judge; nonpartisan..........................................SB 471
BRASWELL, DON; condolences ......................................................................................HR 214
BRIDGES (See Highways, Bridges and Ferries)
BROCK, JUDY, MARY JO FOSTER, AND JUDY TAYLOR; commend........HR 649
BROOKS COUNTY; convey easement ...........................................................................HR 174
BROOKS COUNTY TROJAN FOOTBALL TEAM; invite to House ...................HR 54
BROWN, GLENDA B.; commend ...................................................................................HR 717
BROWN, MARGARET SOLOMON; condolences......................................................HR 229
BROWN, RICHARD D.; condolences .............................................................................HR 216
BUCHANAN, CITY OF; corporate limits....................................................................HB 1039
BUCHANAN, DR. GALE A.; commend ........................................................................HR 586
BUDGET (See Appropriations and Fiscal Affairs)
BUFFINGTON, SARA AND HERBERT; commend................................................HR 379
BUILDINGS AND HOUSING Ad valorem tax; low-income housing renovation exemption - CA................................HR 12 Certain development impact fees; exemption ..................................................................HB 64 Certain residential property; arbitration of disputes ......................................................HB 85 Chairlifts in buildings owned by certain nonprofit organizations; inapplicability of certain laws ..............................................................SB 377 Crimes and offenses; use of force in defense of habitat...............................................HB 359 Elevators, dumbwaiters, escalators, manlifts, and moving walks; violations; penalties............................................................................................HB 269 Handicapped accessible public facilities; compliance with ADAAG standards .................................................................................................HB 653 Housing Affordability Impact Note Act; enact.................................................................SB 97 Housing authorities for certain Indian tribes; create....................................................HB 293 Housing authorities; officers and employees; immunity...............................................HB 390 Housing authority police; provisions ...............................................................................HB 101 Indian Housing Authorities; American Indian tribes ....................................................SB 123 Intangible tax; exempt notes secured by private residence .........................................HB 647 Intruder in residence; imminent danger; rebuttable presumption..............................HB 107 Land-disturbing activities; buffers along trout streams; permits for discharge of pollutants in state waters....................................................SB 375 Law enforcement officers; residence in high crime area; financing ............................HB 429 Motor vehicles racing near residential area; required exhaust equipment.........................................................................................................HB 606 Persons with disabilities; editorial revisions; public facility accessibility; government-owned vehicles; registration and license plates......................................................................................HB 601 Private residences; handicapped accessibility..............................................................HB 1076 State minimum standard codes; compliance; inspections by engineer.......................HB 257 Torts; rental dwellings; lead poisoning; liability............................................................HB 585

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2692

INDEX

BULLOCH COUNTY; state court judge and solicitor .................................................HB 998
BUNGEE JUMPING; define as reckless conduct offense...........................................HB 169
BURGESS, JAMES V., JR.; commend..........................................................................HR 703
BURGESS, NATHAN; commend ....................................................................................HR 393
BURGESS, OTIS M.; commend.......................................................................................HR 314
BURKE COUNTY; state court judge; compensation....................................................^ 888
BURNETT, KEVIN R.; commend...................................................................................HR 626
BURNS, MS. WALTON; commend................................................................................HR 499
BUSINESS AND OCCUPATION TAX Brewpub; licensing provisions...........................................................................................HB 374 Child support; noncompliance; limit issuance of business license...............................SB 227 Local governments; amend provisions.............................................................................HB 168 Local governments; amend provisions.............................................................................HB 230 Local governments; amend provisions.............................................................................HB 282 Local governments; extensive revision of provisions.....................................................HB 175
BUTTS COUNTY Butts County, cities of Flovilla, Jackson, and Jenkinsburg; water and sewer authority; bond maturities.......................................HB 302 Chief magistrate; election..................................................................................................HB 877 Probate court judge; nonpartisan election......................................................................HB 872
BYNE LADY SAINTS BASKETBALL TEAM; commend ...................................HR 429
BYRON, CITY OF; corporate limits.................................................................................SB 248

c

CALDWELL, CAPTAIN SONNY; commend..............................................................HR 205
CALLAWAY, VIRGINIA HAND; condolences...........................................................HR 343
CAMDEN COUNTY Board of commissioners; amend provisions. ............................................................ .......HB 933 Commissioners serve as deputy sheriffs...... ............................................................... .....HB 699
CAMPBELL, JAMES NEAL III; commend................................................................HR 360
CAMPBELL, MAYOR BILL; invite to House ............................................................HR 120
CANADAY, DAVID L. ............................................................................................HR 483
Commend.............................................................................................................................HR 611
CANDIDATES Campaign contributions by foreign nationals; prohibit. ................................... ............HB 114 Campaign contributions; disclosure; political action committees; lobbyists; prohibitions... .............................................................................HB 40 Campaign contributions; disclosure; use of funds .........................................................HB 355 Campaign contributions; loan to self; reimbursement ....................................... ...........HB 806 Campaign contributions; ordinary and necessary expenses; exclusions ...... ..................SB 18
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INDEX

2693

CANDIDATES (Continued) Campaign contributions; state and local government; prohibitions...........................HB 864 Campaign contributions; verification...............................................................................HB 868 Contested elections; attorneys' fees.................................................................................HB 894 Elections; amend provisions...............................................................................................SB 193 Elections; change qualifying and general primary dates in 1996.................................SB 192 Elections; code of conduct for candidates; establish.......................................................HB 10 Elections; filing dates; write-in candidates; notice of intent and drug testing provisions................................................................................SB 148 Elections; order of names on ballot; incumbency..........................................................HB 697 Elections; withdrawal of candidate at general election ................................................HB 111 Fair Campaign Practices Act; enact................................................................................HB 312 Fair Campaign Practices Act; enact ................................................................................HB 426 Public officers and candidates; urge propriety and civility .........................................HR 383
CANNONVILLE, TOWN OF Commemorate establishment............................................................................................HR 345 Commemorate establishment; invite descendants of William Sherman Cannon to House ...........................................................................................HR 409
CARBON MONOXIDE POISONING; urge alerting public to danger...................HR 333
CARROLL COUNTY Board of education; nonpartisan election without primary .........................................HB 971 Chief magistrate; nonpartisan election............................................................................HB 972 Chief magistrate; primary..................................................................................................HB 974 Convey property; accept property....................................................................................HR 231 Education districts..............................................................................................................HB 973 State court judge; nonpartisan election without primary ............................................HB 970 Water authority; revenue bonds.......................................................................................HB 763
CARROLLTON HIGH SCHOOL DEBATE TEAM Invite members and coach to House ...............................................................................HR 505
CARTERSVILLE, CITY OF; homestead exemption; certain residents....................SB 398
CASS, DON; commend........................................................................................................HR 344
CATOOSA COUNTY Board of utilities commissioners; health insurance.......................................................HB 827 Lookout Mountain Judicial Circuit; court reporters; salary ........................................HB 821 Tax commissioner; clerical help.......................................................................................HB 945
CAVE SPRING, CITY OF; annex property in Floyd County....................................HR 159
CEMETERIES Abuse of dead body; define offense.................................................................................HB 520 Cemetery Act; contested cases; decision maker.............................................................HB 706 Local governments; Civil War commemorative facilities; preserve.............................HB 573 Nonperpetual care cemetery; certain adjacent property...............................................SB 179 Private graveyards; prohibit development......................................................................HB 391 Violation of certain rules; prohibit...................................................................................SB 359
CERTIFICATE OF TITLE (See Motor Vehicles and Traffic)
CHAMBLESS, CHRISTOPHER B.; commend ..........................................................HR 623
CHAMBLESS, HONORABLE TOMMY; communication...................................Page 1018
CHANNELL, HONORABLE MICKEY; communication.......................................Page 155
CHAPLAINS, HOUSE OF REPRESENTATIVES Bass, Reverend Henry C.................................................................................................Page 115

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2694

INDEX

CHAPLAINS, HOUSE OF REPRESENTATIVES (Continued) Bass, Reverend Ted...........................................................................................................Page 72 Beavers, Dr. Robert L. "Jackey" .................................................................................Page 1711 Britt, Dr. W. Jim..............................................................................................................Page 164 Browner, Reverend Roger R.........................................................................................Page 1240 Carter, Reverend James H..............................................................................................Page 254 Dobbins, Reverend Tommy ..........................................................................................Page 1093 Dodson, Dr. Malone.........................................................................................................Page 810 Dowdy, Reverend Jack..................................................................................................Page 1201 Dupree, Reverend Bill.....................................................................................................Page 226 Edge, Reverend George F...............................................................................................Page 452 Fields, Dr. Henry............................................................................................................Page 1566 Greer, Reverend Tegler.................................................................................................Page 1127 Hope, Dr. Winfred M......................................................................................................Page 938 Muggins, Reverend John R.................................................................................................Page 1 Jensen, Mr. Doug .............................................................................................................Page 975 Jones, Reverend Henry R.............................................................................................Page 1663 Right, Reverend Walter J...............................................................................................Page 613 Leach, Reverend John Thomas, II ..................................................................................Page 66 Leonard, Reverend Lessel ...............................................................................................Page 204 Lewis, Reverend Furman B..........................................................................................Page 1971 Lewis, Dr. Jimmy ...........................................................................................................Page 2119 Long, Bishop Eddie L......................................................................................................Page 569 Lowry, Dr. Jim..................................................................................................................Page 137 Malone, Reverend Van J., Sr........................................................................................Page 1303 Marshall, Reverend John Davis...................................................................................Page 1417 Michael, Reverend Chris...............................................................................................Page 2318 Moorhead, Reverend Warren .........................................................................................Page 877 Naglee, Reverend David S..............................................................................................Page 416 New, Rabbi Rwi.............................................................................................................Page 1750 Peabody, Dr. Joe............................................................................................................Page 1847 Price, Dr. Nelson L............................................................................................................Page 84 Sanders, Reverend Alien ...............................................................................................Page 1018 Swanson, Reverend James E., Sr...................................................................................Page 841 Sullivan, Reverend Ray ...................................................................................................Page 384 Thomas, Dr. George W....................................................................................................Page 648 Vaughn, Reverend Bert ...................................................................................................Page 524 Warthen, Dr. Vaughn J., Jr............................................................................................Page 182 Waters, Dr. Jimmy ...........................................................................................................Page 726 Wood, Reverend Milton L..............................................................................................Page 478
CHAPPELL, ANNIE CLAUDIA; commend ...............................................................HR 485
CHARITIES Ad valorem tax; exempt certain historical fraternal benefit associations.........................................................................................................HB 399 Chairlifts in buildings owned by certain nonprofit organizations; inapplicability of certain laws..............................................................SB 377 Charitable solicitations; registration with Secretary of State......................................HB 840 Family and Children Services Division; certain payroll deductions...........................HB 927 Income tax credit; donations; qualified charitable organization .................................HB 681 Sales tax; exempt certain charitable fund-raisers .........................................................HB 291
"CHARLES HARDY PARKWAY"; Designate portion of Georgia Highway 120......................................................................HR 94 Designate portion of Georgia Highway 120.......................................................................SR 15
"CHARLES W. YEARGIN BUILDING" Urge designation by State Board of Technical and Adult Education .......................HR 497 Urge designation by State Board of Technical and Adult Education .......................HR 688

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INDEX

2695

CHARLTON COUNTY Board of education; deputy sheriff serve ........................................................................HB 497 Emergency Medical Service; commend...........................................................................HR 135 Emergency Medical Service; commend...........................................................................HR 136 Volunteer Fire Department and "First Responders"; commend ................................HR 133 Volunteer Fire Department and "First Responders"; commend ................................HR 134
CHASTAIN, EDWIN C.; compensate.............................................................................HR 447
CHATHAM COUNTY Certain officials; compensation.........................................................................................HB 698 Certain officials; compensation.........................................................................................HB 997 Certain property in Chatham County; remove from industrial area - CA..................HR 53 Convey property..................................................................................................................SR 131 International and Maritime Trade Center Authority; create ......................................HB 914 Magistrate court; part time magistrates .........................................................................HB 903 Poll officers; chief manager's compensation...................................................................HB 636 Recreation Authority and the Georgia International and Maritime Trade Center Authority; repeal Act creating...........................................HB 829 Recreation authority; create..............................................................................................HB 830
CHATTOOGA COUNTY Lookout Mountain Judicial Circuit; court reporters; salary........................................HB 821
CHECKS (See Banking and Finance or Financial Institutions)
CHEROKEE COUNTY Homestead exemption; certain residents ........................................................................HB 803 Parks and recreation authority; create............................................................................HB 951 Water and sewerage authority..........................................................................................HB 879
CHILD ABUSE Certain crimes against children; pretrial discovery; depositions of physicians...............................................................................................HB 290 Child Abuse Study Committee; create.............................................................................SR 164 Child abuse treatment centers; funding; General Assembly provide additional fees for certain offenses - CA.......................................................SR 162 Child Protection Act of 1995; sexual offenses; change minimum age to 16...........................................................................................................................HB 377 Cruelty to children; offense of reckless endangerment; define....................................HB 648 Hearsay; certain statements made by child; admissibility............................................SB 124 Penal institutions; sexually violent predator; registration requirements.......................................................................................................................SB 53 Provisions; define sexual abuse; evidence; certain statements made by child..................................................................................................................HB 155 Reports to child welfare agency .......................................................................................HB 675 School curriculum; include family violence and child abuse prevention course............................................................................................................HB 885 Sexual offenses; redefine statutory rape, child molestation, and enticing a child for indecent purposes .................................................................SB 140
CHILD CUSTODY (Also, see Domestic Relations or Parent and Child) Appeals; domestic relations cases; amend provisions....................................................HB 191 Child custody proceedings in family violence cases; provisions...................................SB 120 House Evaluation of Court Ordered Visitation Rights Study Committee; create...........................................................................................................HR 532 Noncustodial parents; visitation rights ............................................................................SB 246 Parental rights termination; placement of child; list of relatives...............................HB 747
CHILD SUPPORT (See Alimony and Child Support)

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2696

INDEX

CHILDREN AND YOUTH, DEPARTMENT OF (See Minors)
CHINA; participation in 1996 Olympics; commend ........................................................HR 680
CHIROPRACTORS Amend provisions .................................................................................................................HB 81 Board of Examiners; examinations; temporary licenses ................................................SB 367 Scope of practice.................................................................................................................HB 815
CIGARS AND CIGARETTES Revenue, Department of; certain special agents; retain weapon and badge after 25 years of service................................................................SB 394 State office buildings; urge Georgia Building Authority designate smoking areas ................................................................................................HR 302 Tobacco handling by warehousemen; maximum charges.............................................HB 163
CITY COURTS (See Courts or Municipalities)
CIVIL PRACTICE Arbitration; medical malpractice claims; amend provisions..........................................HB 78 Certain residential property; arbitration of disputes ......................................................HB 85 Civil cases; court costs and attorney's fees.....................................................................HB 159 Civil cases; juries of six; General Assembly prescribe - CA.........................................HR 329 Consolidation of actions; consent......................................................................................SB 182 Death Penalty Habeas Corpus Reform Act of 1995 ......................................................SB 113 Discovery; trial materials; change provisions .................................................................HB 767 Exercise of certain rights; special motions to strike unjustified lawsuits..............................................................................................................SB 1 Habeas corpus petition; death sentence; priority ..........................................................HB 736 Habeas corpus proceedings; amend provisions..............................................................HB 319 Insurers; liquidation; legal actions against receivers.....................................................HB 841 Judicial sales; advertisement; street address of property.............................................HB 182 Judicial sales; legal ads; statutory rates ..........................................................................HB 581 Land use restrictions; breach of covenant; statute of limitations...............................HB 299 Limitation on actions; torts; wrongful death..................................................................HB 195 Magistrate courts; civil claims; monetary jurisdiction ..................................................HB 469 Magistrate courts; judgments exceeding $3500; discovery procedures.......................HB 580 Nonresident defendant; venue under long-arm statute.................................................SB 231 Nonstenographic depositions.............................................................................................SB 283 Service of process and returns; sheriff or deputy..........................................................HB 366 Termination of employment; prohibitions; waiver ........................................................HB 795 Trials; grounds for continuance; party presiding in another court...............................HB 67
CLAIMS ADVISORY BOARD; certain payments; repeal provisions .....................HB 836
CLARK, WILLIAM H. Compensate .........................................................................................................................HR 100 Compensate .........................................................................................................................HR 319
CLARKE COUNTY Board of education; compensation...................................................................................HB 322 Grant easement....................................................................................................................SR 118
CLAY COUNTY; lease property.......................................................................................HR 376
CLAYTON COUNTY Board of commissioners; commend..................................................................................HR 701 Board of commissioners; compensation ...........................................................................SB 358 Board of education; nonpartisan.......................................................................................SB 197 Deputy superior court clerk; compensation.....................................................................SB 259 Deputy tax commissioner; compensation.........................................................................SB 258

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2697

CLAYTON COUNTY (Continued) Grant easement....................................................................................................................SR 118 Homestead exemption; certain residents.........................................................................SB 261 Millage rate determination; repeal Act providing..........................................................SB 455 Probate court judge; compensation..................................................................................SB 357 School system; commend...........................................................................................,.......HR 129 School system crossing guards; commend.......................................................................HR 658 State court deputy clerk; compensation ..........................................................................SB 260 Water authority; commend ...............................................................................................HR 665
CLAYTON COUNTY GREENWAYS COUNCIL; commend ................................HR 679
CLERKS, SUPERIOR COURT Cooperative Authority; amend provisions.......................................................................HB 886 Courts and juvenile courts; family violence; unruly child; child custody; amend provisions ..................................................................................HB 498 Courts; certain fines; victim assistance; fees; automated property record system...................................................................................................SB 114 Family violence cases; fees; amend provisions................................................................SB 117 Real property; eligibility for homestead exemptions; notification..............................HB 608
CLERMONT, TOWN OF; requirements for holding office.........................................HB 812
CLEVELAND, CITY OF City administrator; provisions..........................................................................................HB 918 Police court; appeals ..........................................................................................................HB 946
CLOUGH, DR. GERALD WAYNE; President of Georgia Tech; commend...........HR 279
COBB COUNTY Cobb County-Marietta Water Authority; membership .................................................SB 328 Cobb Judicial Circuit; chief judge; additional salary supplement...............................SB 475 Cobb Judicial Circuit; investigators and assistant district attorneys.........................HB 985 Cobb Judicial Circuit; investigators and assistant district attorneys; compensation................................................................................................HB 949 Deputy superior court clerk; compensation....................................................................HB 922 Grant easement....................................................................................................................SR 113 Joint Study Committee on Pilot Projects in the Cobb Judicial Circuit; create..................................................................................................................HR 260 Juvenile court judges; compensation................................................................................SB 478 Marriage license issuance at satellite courthouses; population provisions .....................................................................................................HB 492 Poll officers; chief manager's compensation...................................................................HB 636 Probate courts; additional locations; population provisions........................................HB 493 Probate judge and clerk; compensation ..........................................,..........,....................HB 976 Sheriffs personnel; compensation....................................................................................HB 953 State court judge, clerk, and deputy clerk; compensation ...........................................HB 923 State court; judge pro hoc vice.........................................................................................HB 598 State court judges; compensation.....................................................................................HB 919 State court solicitor; compensation..................................................................................HB 996 Tax commissioner's chief clerk and executive secretary...............................................SB 461
COBB JUDICIAL CIRCUIT Add judge...............................................................................................................................HB 45 Addjudge.............................................................................................................................HB 236 Addjudge..............................................................................................................................SB 264 Chief judge; additional salary supplement ......................................................................SB 475 Investigators and assistant district attorneys.................................................................HB 985 Investigators and assistant district attorneys; compensation......................................HB 949 Joint Study Committee on Pilot Projects in the Cobb Judicial Circuit; create..................................................................................................................HR 260

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2698

INDEX

COBBTOWN, CITY OF; recreate and reincorporate ...................................................HB 624
CODE OF GEORGIA Corrections...........................................................................................................................HB 199 Elections; corrections .........................................................................................................HB 197 Retirement and Pensions; corrections.............................................................................HB 278
COKER, ROY N.; condolences ..........................................................................................HR 711
COLEMAN, BARBARA W.; commend..........................................................................HR 704
COLLECTIVE SOUL BAND MEMBERS; commend..............................................HR 472
COLLEGES Certain retired public school and community college employees; health insurance..........................................................................................HB 183 Drug testing of students ..................................................................................................HB 1004 Educators Technology Training Commission; create.....................................................SR 122 Georgia Future Communities Commission; create........................................................HR 324 Institute for Community Business Development; create...............................................SB 404 HOPE scholarship; extend to private college students ..................................................HB 69 HOPE scholarship; home schooled children; qualifications...........................................HB 68 HOPE scholarship; home study programs; qualifications ............................................HB 842 HOPE scholarship program; additional eligibility ..........................................................HB 88 Medical loans or scholarships; facilities for repayment by services rendered........................................................................................................SB 262 Merit system; urge recruiting from Georgia's colleges and universities.....................HR 581 Nonpublic Postsecondary Education Commission; executive director........................SB 305 Nonpublic Postsecondary Education Commission; expand powers; tuition equalization grants; proprietary institutions.................................................HB 228 North Georgia College Reserve Officers' Training Corps; tuition assistance ............................................................................................................HB 287 Postsecondary education; eligibility; students in home study programs.................HB 1071 Postsecondary education; redefine eligible institution ....................................................SB 47 Preparatory curriculum; certain 8th or 9th grade credits............................................HB 999 Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority..............................................................SB 363 Speed detection device; permit application; speed limit approval ..............................SB 320 Technical Institutes and University System; commend..................................................SR 76 Tuition equalization grants; include proprietary institution of higher education..........................................................................................................SB 100 University System of Georgia Outstanding Scholars on Academic Recognition Day; commend ........................................................................HR 645
COLLINS, LOIS; commend ..............................................................................................HR 167
COLON, JOE, JR.; invite to House..................................................................................HR 192
COLQUITT COUNTY Convey property..................................................................................................................SR 159 Convey property..................................................................................................................SR 160
COLQUITT COUNTY HIGH SCHOOL PACKERS FOOTBALL TEAM; commend.......................................................................................HR 40
COMMERCE AND TRADE Adult residential care homes; provisions........................................................................HB 460 Advertisements for legal services; disclosure..................................................................HB 304 Assisted living facilities; regulation..................................................................................HB 443 Beauty pageants; redefine as contests; written notices; bond amounts......................SB 232 Commodities; contested cases; decision maker..............................................................HB 707

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INDEX

2699

COMMERCE AND TRADE (Continued) Consignment of Art Act; enact.........................................................................................HB 477 Consumer reports; adverse information; notice to affected consumer .......................HB 770 Consumers' utility counsel division of Governor's Office of Consumer Affairs; create...........................................................................................HB 332 Dating Service Act of 1995; enact....................................................................................HB 166 Environmental law violation; comprehensive environmental compliance program; mitigating factor.........................................................................SB 244 Health; genetic testing provisions.....................................................................................SB 233 Motor vehicle franchisors; audits; time limitation......................................................HB 1089 Motor vehicle franchisors; dealerships; relevant market area ...................................HB 1091 Motor vehicles; security interest; rental price adjustment...........................................HB 466 Multilevel distribution companies; redefine business opportunity; include pushcart and kiosk ....................................................................HB 824 Pawnbrokers; licensure; provisions................................................................................HB 1032 Principal and agent; financial power of attorney; guardian and ward; amend provisions ..........................................................................................SB 105 Principal and agent; financial power of attorney; statutory form ...............................SB 145 Retail installment contract or revolving account; delinquency charge ......................HB 219 Sales tax; exempt certain granite manufacturing materials.........................................HB 292 Securities; contested cases; assistant commissioner decide..........................................HB 705 Securities; effectiveness of registration; clarification ....................................................HB 992 Theft of trade secrets; define offense..............................................................................HB 340 Theft of trade secrets; define offense...............................................................................SB 418 Ticket sales and resales; ticket brokers...........................................................................HB 516 Tobacco handling by warehousemen; maximum charges .............................................HB 163 Trade practices; false advertising of legal services; cause of action; treble damages.....................................................................................SB 249 Trade practices; motor vehicle broker; prohibit ..........................................................HB 1092 Trade secrets; redefme................................................................................,.......................SB 316 Unfair or deceptive practices; certain solicitation; telephone classified advertising directory....................................................................SB 361 Unfair or deceptive trade practices; disaster related violations; counties and municipalities; registration of businesses............................................HB 283 Unfair or deceptive trade practices; disaster related violations; penalties............................................................................................................................SB 116 Unfair or deceptive practices; odometer tampering; certain federal law reference .......................................................................................................SB 284 Works of fine art; duplication agreement; increase aggregate obligation........................................................................................................HB 873
COMMISSIONS Aquaculture Development Commission; membership; subcommittees .......................SB 200 Charter Schools Act of 1995; enact..................................................................................HB 465 Community Business Development Task Force; create................................................SR 253 Education; Professional Standards Commission; executive secretary........................HB 406 Educators Technology Training Commission; create.....,...............................................SR 122 Environmental Justice Act of 1995; enact......................................................................HB 204 Family violence; amend report provisions; State Commission on Family Violence; membership..................................................................................SB 115 Georgia Future Communities Commission; create........................................................HR 324 Georgia Indian Affairs Commission; establish.................................................................HB 80 Golf Hall of Fame Board; executive subcommittee ......................................................HB 686 Joint Elder Abuse Study Commission; create.................................................................SR 121 Joint Study Commission on Economic Development and Revitalization in South Fulton; create.........................................................................SR 101 Nonpublic Postsecondary Education Commission; expand powers; tuition equalization grants; proprietary institutions .................................................HB 228

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2700

INDEX

COMMISSIONS (Continued) Nonpublic Postsecondary Education Commission; expand powers; tuition equalization grants; proprietary institutions..................................................SB 100 State Boxing Commission; amateur boxing promotion; authorization to contract with certain nonprofit organizations..........................................................SB 35 State Commission on Judicial Compensation; General Assembly create by law - CA.............................................................................................................SR 97 State Flag Commission for the Olympic Games; create.................................................HB 52 State Museum and State Library Study Commission; recreate..................................HR 122 State Properties Commission; membership....................................................................HB 576
COMMITTEES
Aged and Disabled Transportation Task Force; recreate..............................................HR 95 Boat Safety Study Committee; create................................................................................SR 86 Budgetary Responsibility Oversight Committee; members;
Research Office; certain oversight functions..............................................................HB 233 Child Abuse Study Committee; create.............................................................................SR 164 Georgia Agricultural Exposition Center Horse Racing
Facility Study Committee; create ................................................................................HR 242 House Atlanta-Fulton County Consolidation of Services
Study Committee; create ...............................................................................................HR 481 House Efficiency, Economy, and Management in State Government
Study Committee; create...............................................................................................HR 413 House Emergency Medical Services Study Committee; create...................................HR 386 House Evaluation of Court Ordered Visitation Rights Study
Committee; create...........................................................................................................HR 532 House Fire Ant Study Committee; create ......................................................................HR 239 House Indian Affairs Study Committee; create.............................................................HR 514 House Interagency Collaboration in Services to Youth Study
Committee; create...........................................................................................................HR 545 House Lottery Retailers Study Committee; create .......................................................HR 536 House Poultry Feed and Transportation Study Committee; create...........................HR 440 House Prevention of Driving Under the Influence by Young
Drivers Study Committee; create.................................................................................HR 369 House Privatization Review Committee; create.............................................................HR 366 House Rural Hospital and Health Care Financing Study Committee; create..........HR 537 House State Buildings Study Committee; create ..........................................................HR 327 House State Emergency Management Study Committee; create .................................HR 92 House Study Committee on Discretionary Trusts for Disabled
Beneficiaries; create........................................................................................................HR 521 House Study Committee on Privatization of State Governmental
Services; create................................................................................................................HR 104 Joint Guardianship Study Committee; create ..................................................................SR 77 Joint Interagency Collaboration in Services to Youth Study
Committee; create...........................................................................................................HR 436 Joint Legislative Committee on Federal Mandates; create..........................................HB 218 Joint Privatization Review Committee; create...............................................................HR 365 Joint Study Committee on Certificate of Need for Health
Care Faculties; create......................................................................................................SR 240 Joint Study Committee on DeKalb County's Form of Government; create .............HR 420 Joint Study Committee on Educational Testing; create..............................................HR 662 Joint Study Committee on Georgia Agricultural Education; create...........................SR 163 Joint Study Committee on Pilot Projects in the Cobb Judicial
Circuit; create..................................................................................................................HR 260 Joint Study Committee on Pilot Projects in the Douglas
Judicial Circuit; create....................................................................................................SR 274 Joint Study Committee on Pilot Projects in the Gwinnett
Judicial Circuit; create...................................................................................................HR 384

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2701

COMMITTEES (Continued) Joint Study Committee on School Construction; create..............................................HR 417 Joint Study Committee on Use of Ambulances; create...................................................SR 57 Joint Subsequent Injury Trust Fund Study Committee; create.................................HR 522 Legislative Services Committee; membership..................................................................HB 60 MARTOC; conform certain committee designations .......................................................SR 40 Planning Committee for the Religious Community Conference on the Needs of Children; create .................................................................................HR 303 Privatization Review Committee; create.........................................................................HB 434 Recreational Authorities Overview Committee; create; certain state parks authorities; amend provisions ..................................................................HB 120
COMMITTEES, STANDING Assignments.................................................................................................................Pages 47, 63
COMMODITIES; contested cases; decision maker........................................................HB 707
COMMON CARRIERS AND CONTRACT CARRIERS (See Motor Carriers)
COMMUNICATIONS RECEIVED Atkins, Honorable Bill.......................................................................................................Page 57 Chambless, Honorable Tommy ....................................................................................Page 1018 Channell, Honorable Mickey ..........................................................................................Page 155 Crews, Honorable Ron........................................................................................,............Page 827 Dix, Honorable Scott.......................................................................................................Page 381 Gillis, Honorable Hugh M., Jr..............................................................................Pages 161,162 Governor ...............................................................................................Pages 54, 55, 56, 57, 1215 Grindley, Honorable George H., Jr......................................................................Pages 159, 160 Hegstrom, Honorable June ...........................................................................................Page 1422 Hembree, Honorable Bill................................................................................................Page 201 Holland, Honorable Ray..................................................................................................Page 504 Isakson, Honorable Johnny...................................................................................Pages 159, 160 Jamieson, Honorable Jeannette .....................................................................................Page 524 Johnston, Honorable Ralph ............................................................................................Page 841 Kaye, Honorable Mitchell...............................................................................................Page 381 Lee, Honorable Bill............................................................................................................Page 61 Legislative Counsel ..........................................................................................Pages 64, 158, 160 Lieutenant Governor..............................................................................................Pages 159,161 Lord, Honorable Jimmy ......................................................................................Pages 58, 59, 60 Mills, Honorable James.......................................................................................Pages 381, 1396 Randall, Honorable William C.............................................................................Pages 840, 937 Secretary of State.........................................................................................................Pages 1,61 Shaw, Honorable Jay.............................................................................................Pages 161, 162 Smith, Honorable Vance, Jr...........................................................................................Page 381 Smith, Honorable Willou..................................................................................................Page 60 Speaker of the House ......................................................................................Pages 63,159,161 Walker, Honorable Len.................................................................................................Page 1397 Whitaker, Honorable Ben .................................................................................................Page 65 Williams, Honorable Jeff.......................................................................................Pages 65,1396 Yates, Honorable John P....................................................................................Pages 380, 1397
COMMUNITY AFFAIRS Community Business Development Task Force; create................................................SR 253 Community Education Advisory Council; create...........................................................HB 141 County and municipal sales tax; redefine qualified municipality...............................HB 748 Georgia Future Communities Commission; create........................................................HR 324 Institute for Community Business Development; create...............................................SB 404 Institute for Community Economic Development; create............................................HB 739 Intergovernmental Solid Waste Coordinating Council; create ....................................HB 148

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2702

INDEX

COMMUNITY AFFAIRS (Continued) Local Government Authorities Registration Act; enact................................................HB 250 Local government impact fiscal notes; comprehensive revisions ................................HB 772 Regional development centers; ratify boundaries..........................................................HR 323
COMMUNITY SERVICE BOARDS; fund allocations .............................................HB 878
COMPENSATION OF STATE OFFICIALS General Assembly; expense allowance...............................................................................HB 62 General Assembly; reimbursable expenses; equipment ownership.............................HB 235 State Commission on Judicial Compensation; General Assembly create by law - CA...........................................................................................SR 97 State Compensation Board; General Assembly provide by general law - CA ............HR 59
COMPENSATION RESOLUTIONS Brandenburg, Charlotte; compensate; Fletcher, Carrie; compensate .........................HR 172 Chastain, Edwin C.; compensate......................................................................................HR 447 Clark, William H.; compensate.........................................................................................HR 100 Condrey, Sue F.; compensate..............................................................................................HR 78 Cramer, Robert T.; compensate .......................................................................................HR 277 Five Star Dodge, Inc.; compensate; Clark, William H.; compensate..........................HR 319 Fletcher, Carrie; compensate ............................................................................................HR 102 Key, Alonzo; compensate.....................................................................................................HR 80 Sullens, Mr. and Mrs. Kenneth; compensate ...................................................................HR 82
COMPUTERS Crimes and offenses; computer use for promoting dangerous weapons or terrorism; harassing phone calls; disorderly conduct .............................HB 76 Department of Administrative Services; Division of Computer Services and Telecommunications; commend............................................................HR 524 Education; curriculum-based assessment; calculators and computers.......................HB 632 Information Technology Policy Act of 1995; enact ........................................................SB 293 Insurers; record keeping equipment; consider as assets...............................................HB 595 Legislative information; public distribution in electronic format.................................HB 53 Superior Court Clerks' Cooperative Authority; amend provisions.............................HB 886 Telecommunications and Competition Development Act of 1995; enact...................SB 137 Telephone service; toll free within 21 miles; Universal Service Fund .......................HB 190 Wire, oral, or electronic communication; eavesdropping; consent of all parties required.........................................................................................SB 74
CONASAUGA JUDICIAL CIRCUIT Add judge.............................................................................................................................Hb 236 Addjudge.............................................................................................................................HB 310 Addjudge..............................................................................................................................SB 221
CONAWAY, NOEL C.; condolences ..................................................................................HR 67
CONDITIONED AIR, HEATING AND PLUMBING CONTRACTORS Conditioned air contracting; redefine ..............................................................................HB 251 Conditioned air contractor; certain license; time for applying....................................HB 911 Plumbing; change definition .............................................................................................HB 471 Utility contracting; definition...........................................................................................HB 729
CONDOMINIUMS; Georgia Time-Share Act; comprehensive revision.....................HB 622
CONDREY, SUE F.; compensate .......................................................................................HR 78
CONSERVATION AND NATURAL RESOURCES Ad valorem tax exemption; certain federal property transfer.....................................HB 630 Aquatic Plant Control Act; enact.....................................................................................HB 156 Certain property on West Point Lake; sublease............................................................HB 890

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2703

CONSERVATION AND NATURAL RESOURCES (Continued) Cumberland Island and St. Marys; urge certain action by National Park Service ....................................................................................................HR 316 Environmental Justice Act of 1995; enact......................................................................HB 204 Environmental law violation; comprehensive environmental compliance program; mitigating factor.........................................................................SB 244 Etowah Mounds State Historic Site; commemorative marker; Henry Tumlin family; commend.....................................................................................SR 18 Hazardous sites; polychlorinated biphenyl; public notification and corrective action.................................................................................HB 818 Hazardous waste; create community loan program.......................................................HB 388 Hazardous waste sites; authorize state debt for necessary corrective action - CA.....................................................................................................SR 128 Hunting wildlife in state park; approved weaponry......................................................HB 200 Intergovernmental Solid Waste Coordinating Council; create....................................HB 148 Land-disturbing activities; amend provisions................................................................HB 350 Motor vehicle emission inspections; exception ..............................................................HB 834 Motor vehicle emission inspections; exception ..............................................................HB 835 Motor vehicle emission inspections; extend to all counties.........................................HB 403 Motor vehicle emission inspections; prohibit centralized testing...............................HB 478 Motor vehicle emission inspections; prohibit centralized testing ................................SB 251 Motor vehicle emission inspections; redefine responsible motor vehicle ...................................................................................................................HB 224 Motor vehicle emission inspections; redefine responsible motor vehicle...................................................................................................................HB 533 Municipal solid waste disposal facilities; surcharges....................................................HB 735
Open records; exempt certain historic property and location of certain rare species of plants or animals.................................................................SB 170
Petroleum pipeline companies; eminent domain..............................................................SB 24 Pine Mountain Trail; designate portion in honor of D. Neal Wickham....................HR 261
Real property; certain notification to purchaser ...........................................................HB 793 Real property; certain notification to purchaser; property
to secure debt; reversion of title...................................................................................HB 194
Recreational Authorities Overview Committee; create; certain state parks authorities; amend provisions.....................................................HB 120
Safe Dams Act; extend certain exemption.....................................................................HB 768
Safe Dams Act; extend certain exemption ......................................................................SB 385 Solid waste; disposal of tires; permits.............................................................................HB 439 Solid waste facilities; certain counties; approval...........................................................HB 158 Solid waste facilities; limit number permitted...............................................................HB 394
Solid waste facilities; limit number within certain geographic areas............................SB 32 Special license plates; commemorate Georgia wildflowers...........................................HB 189 Special license plates; wildlife conservation fund...........................................................SB 205
State-owned marshland or water bottoms; authorization of lease for marinas or docks.............................................................................................HB 389
State parks; dark sky preserves; highways and outdoor advertising signs; lighting ..............................................................................................HB 942
State waters; permits for discharge of pollutants; land-disturbing activities; buffers along trout streams..............................................SB 375
Stone Mountain Memorial Association; construction projects; master plan.........................................................................................................SB 27
Tax exempt status of Stone Mountain Memorial Association; exception.................HB 475 Water pollutants; permit fees; certain discharge; surcharge......................................HB 1036 Wildflower Project Trust Fund; create - CA ...................................................................HR 56 Withdrawal, diversion, or impoundment of surface and
ground waters; permits ...................................................................................................SB 202

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2704

INDEX

CONSTITUTIONAL AMENDMENTS Ad valorem tax; certain business exemption; local ordinances.....................................HR 20 Ad valorem tax; limitation on increases............................................................................HR 96 Ad valorem tax; low-income housing renovation exemption .........................................HR 12 Ad valorem tax; millage rate limitation..............................................................................HR 7 Ad valorem tax; millage rate limitation............................................................................HR 26 Additional county; authorize creation.............................................................................HR 322 Agricultural products; processing fees; industry promotion........................................HR 367 Appropriation and expenditure of state funds; revise procedures..................................HR 2 Budget; limit growth to gross state product growth.......................................................HR 98 Capital felony cases in Supreme Court; Attorney General represent state.................................................................................................................HR 401 Casino gaming; General Assembly authorize by law.....................................................HR 506 Certain crimes against elderly; prohibit parole..............................................................HR 412 Certain misdemeanors; court render judgment without jury ......................................HR 330 Certain property in Chatham County; remove from industrial area............................HR 53 Child abuse treatment centers; funding; General Assembly provide additional fees for certain offenses.................................................................SR 162 Civil cases; juries of six; General Assembly prescribe ..................................................HR 329 Counties; unfunded state mandates; hardship relief....................................................HR 171 Crime victims' rights; provisions; General Assembly enforce by general law.....................................................................................................................HR 1 Criminal sentences; appellate and habeas corpus review; time limit ...........................HR 25 Divorce and alimony; determination by judge...............................................................HR 328 Divorce; U. S. service personnel; residency and venue.................................................HR 101 Education, State Board of; advisory board to State School Superintendent and local boards of education..........................................................HR 211 Education, State Board of; appointment by governor or state school superintendent....................................................................................................HR 467 Enterprise zones; creation by counties or municipalities; General Assembly provide by general law.....................................................................SR 64 General Assembly; certain vacancies; Governor appoint..............................................HR 292 General Assembly and other elected state officials; term limits...................................HR 10 General Assembly and other elected state officials; term limits...................................HR 33 General Assembly and other elected state officials; term limits.................................HR 194 General Assembly and other elected state officials; term limits....................................SR 30 General Assembly and other elected state officials; term limits; change General Assembly to 4-year terms .......................................................HR 28 General Assembly; terms limits..........................................................................................HR 34 General Assembly; term limits ...........................................................................................HR 97 General Assembly; term limits.........................................................................................HR 241 General Assembly; term limits; change term to 4 years.................................................HR 93 General bills increasing taxes or fees; approval.............................................................HR 105 General bills increasing taxes or fees; approval.............................................................HR 119 General bills raising revenue; two-thirds vote required.................................................HR 51 General bills raising revenue; two-thirds vote required..................................................SR 61 Governor; reduce appropriations........................................................................................HR 24 Governor; six-year term.......................................................................................................HR 27 Hazardous waste sites; authorize state debt for necessary corrective action...............................................................................................................SR 128 Homestead exemption; deceased veterans; certain survivors......................................HR 299 Initiative petition process......................................................................................................HR 3
Initiative petition process......................................................................................................HR 6
Initiative petition process......................................................................................................HR 9
Initiative petition process....................................................................................................HR 31
Initiative petition process....................................................................................................HR 83
Initiative petition process....................................................................................................HR 99

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2705

CONSTITUTIONAL AMENDMENTS (Continued) Initiative petition process.......................................................................................................SR 4 Island property located within industrial area; provisions for removal......................SR 228 Local enterprise zones; creation; General Assembly provide by general law.................................................................................................................HR 157 Lottery proceeds; allocate 10% to local boards of education......................................HR 212 Lottery proceeds; allocate 20% to local school systems...............................................HR 190 Mandatory service of sentences for certain crimes .........................................................HR 32 Office of inspector general; create......................................................................................HR 77 Pardons and Paroles, State Board; eliminate................................................................HR 569 Pari-mutuel wagering at horsetracks; General Assembly provide ..............................HR 531 Public employment, education, contracting; prohibit discrimination ........................HR 154 Public Service Commission; composition and election...................................................HR 57 Public Service Commission; election by General Assembly...........................................HR 58 Sales tax; educational purposes........................................................................................HR 513 Sales tax on food; proceeds used for property tax relief................................................HR 37 School district sales tax; General Assembly authorize by general law.......................HR 263 School Property Tax Relief Fund; authorize creation......................................................HR 4 Special purpose county sales tax; educational purposes ................................................HR 50 Special purpose county sales tax; educational purposes..............................................HR 400 Special purpose county sales tax; educational purposes; General Assembly authorize..........................................................................................HR 158 Special purpose county sales tax; sharing by counties, municipalities, and school systems...............................................................................SR 180 State Commission on Judicial Compensation; General Assembly create by law......................................................................................................................SR 97 State Compensation Board; General Assembly provide by general law......................HR 59 State purpose tax; effective prior to referendum............................................................HR 29 Supplemental appropriations; prohibit; exceptions.......................................................HR 237 Trafficking in controlled substances; mandatory service of sentence........................HR 193 Wildflower Project Trust Fund; create.............................................................................HR 56
CONSUMER AFFAIRS Advertisements for legal services; disclosure..................................................................HB 304 Agriculture, Commissioner of; solicit contributions for Farmers and Consumers Market Bulletin...................................................................SB 374 Alzheimer's disease; disclosure of information; Osteoporosis
Prevention and Treatment Education Act; enact.....................................................HB 558 Beauty pageants; redefine as contests; written notices; bond amounts......................SB 232 Certain residential property; arbitration of disputes......................................................HB 85 Comprehensive Patient Protection Act; enact...............................................................HB 796 Consumer reports; adverse information; notice to affected consumer.......................HB 770 Consumers' utility counsel division of Governor's Office
of Consumer Affairs; create...........................................................................................HB 332 Contact lenses; stricter sales guidelines ...........................................................................SB 125 Dating Service Act of 1995; enact....................................................................................HB 166 False identification documents; prohibit possession......................................................SB 198 Food Sales Tax Credit Act of 1995; enact......................................................................HB 445 Food Sales Tax Credit Act of 1995; enact......................................................................HB 448 Health Insurance; preexisting conditions; coverage ......................................................HB 676 Hearing aids; direct mail sales; prohibitions ................................................................HB 1069 HOPE scholarships for home study programs; qualifications.....................................HB 842 Intangible tax; exempt notes secured by private residence .........................................HB 647 Landlord and tenant; notice to prospective tenant of previous flooding ..................HB 167 Motor vehicle rentals; fixed rental fee ............................................................................HB 797 Property to secure debt; reversion of title; real property;
certain notification to purchaser..................................................................................HB 194 Retail installment contract or revolving account; delinquency charge ......................HB 219

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2706

INDEX

CONSUMER AFFAIRS (Continued) Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority..............................................................SB 363 Ticket sales and resales; ticket brokers...........................................................................HB 516 Trade practices; false advertising of legal services; cause of action; treble damages.....................................................................................SB 249 Trade practices; motor vehicle broker; prohibit..........................................................HB 1092 Unfair or deceptive practices; certain solicitation; telephone classified advertising directory ....................................................................SB 361 Unfair or deceptive practices; disaster related violations; counties and municipalities; registration of businesses............................................HB 283 Unfair or deceptive practices; disaster related violations;
penalties ......"......................................................................................................................SB 116 Unfair or deceptive practices; odometer tampering; certain
federal law reference.......................................................................................................SB 284 Works of fine art; duplication agreement; increase
aggregate obligation........................................................................................................HB 873
CONTRACTORS (CONSTRUCTION) Certain residential property; arbitration of disputes......................................................HB 85 Conditioned air contracting; redefine..............................................................................HB 251 Conditioned air contractor; certain license; time for applying....................................HB 911 General Contractors, State Licensing Board; create .......................................................HB 91 Housing Affordability Impact Note Act; enact.................................................................SB 97 Liens of persons without privity of contract; contractor's notice of commencement ..................................................................................................SB 50 Liens; preliminary notice; copy to contractor and owner.............................................HB 960 Low-voltage electrical contractors; licensing requirement .........................................HB 1066 Plumbing; change definition .............................................................................................HB 471 State auditor; statistical duties; certain Department of Transportation contracts ..........................................................................................HB 328 State Construction Industry Licensing Board; continuing education ..........................HB 77 State minimum standard codes; compliance; inspections by engineer.......................HB 257 Utility contracting; definition...........................................................................................HB 729
CONTRACTS Amateur boxing promotion; State Boxing Commission authorized to contract with certain nonprofit organizations......................................SB 35 Awarding of certain contracts; certain counties .............................................................SB 241 Bad checks; service charge; debit account fraud; complaint costs..............................HB 425 Breach of contract; public stadium, auditorium, or arena; certain mascot.................................................................................................................HB 130 Certain Department of Transportation contracts; state auditor; statistical duties ...............................................................................................HB 328 Delinquent taxes; contracts for collection; compensation...............................................SB 29 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 243 Lottery; redefine major procurement contract...............................................................HB 325 Parent and child; in vitro fertilization; gestational surrogacy ...................................HB 1073 Public employment, education, contracting; prohibit discrimination - CA........................................................................................................HR 154 Public works contracts; certain counties; equal opportunity provisions...................................................................................................HB 358

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2707

CONTRACTS (Continued) Regional facilities; counties and municipalities; limitations.........................................................................................................................SB 126 Regional jail authorities; funds for contracts; authorize ..............................................HB 348 Retail installment contract or revolving account; delinquency charge ......................HB 219 State contracts; minority business participation ...........................................................HB 313 State contracts; minority business participation ..............................................................SB 73
CONTROLLED SUBSTANCES Amend list............................................................................................................................HB 342 Dangerous weapons used in commission of certain offenses; enhanced penalties .........................................................................................................HB 308 Driving under the influence; blood alcohol concentration.............................,...........HB 1096 Driving under the influence; blood alcohol concentration..............................................SB 66 Illegal drugs; urge Congress to declare war....................................................................HR 259 Pharmaceutics; certain government purchases; prohibit..............................................HB 544 Reverse drug distributors and drug researchers; registration......................................HB 611 State personnel administration; applicant for employment; drug test requirement.......................................................................................................SB 22 Trafficking sentences; prohibit furloughs, pardons, paroles; exception.....................HB 494 Trial upon accusation; certain theft, forgery, controlled substances charges..........................................................................................................HB 959
CONVEYANCES OF PROPERTY (See Public Property)
CONYERS, COMMODORE; commend .........................................................................HR 705
COOK, CARLA;commend.................................................................................................HR 567
CORDELE-CRISP COUNTY FISH FRY; invite spokespersons to House...........HR 191
CORONERS AIDS confidential information; disclosure to coroner..................................................HB 268 Pronouncement of death; authorize coroner or deputy ................................................HB 508
CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Business and nonprofit corporations; administrative dissolution; reinstatement provisions ...........................................................................SB 138 Corporate income; gross receipts; calculation ..................................................................HB 37 Corporations; amend provisions.......................................................................................HB 670 Health care corporations; amend provisions ..................................................................HB 669 Income tax; certain corporations; amend provisions.......................................................HB 36 Income tax; corporate income apportionment; change method ....................................HB 50 Income tax; gradual reduction and abolishment.............................................................HB 21 Income tax; gradual reduction and abolishment.............................................................HB 44 Insurable interest in employees.........................................................................................SB 332 Limited liability partnerships; provisions .......................................................................HB 563 Property Tax Credit Act of 1995; enact.............................................,..............................HB 38 Public retirement systems; trustees; invest in corporations ........................................HB 662
CORRECTIONS, DEPARTMENT OF (See Penal Institutions)
COUNTIES (Also, see Local Government or Named County) Academic subject-based education; prohibit outcome-based methods.......................HB 420 Ad valorem tax; airport property; more than one county............................................HB 790 Ad valorem tax; certain business exemption; local ordinance.......................................HB 93 Ad valorem tax; certain business exemption; local ordinances - CA............................HR 20 Ad valorem tax increase; limitation; Consumer Price Index.......................................HB 329 Ad valorem tax; millage rate limitation - CA....................................................................HR 7 Ad valorem tax; millage rate limitation - CA ..................................................................HR 26

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2708

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Ad valorem tax; returns; digests; hearings; amend provisions.....................................HB 825 Additional county; authorize creation - CA ...................................................................HR 322 AIDS confidential information; disclosure to coroner ..................................................HB 268 Alcoholic beverages; certain counties; repeal sales by drink in restaurants and clubs......................................................................................HB 517 Alcoholic beverages; residential community development districts; brewery tours..................................................................................................HB 354 Amusement and carnival rides; amend provisions........................................................HB 271 Annexation; unincorporated islands; preclearance ........................................................HB 543 Appointed officers; insurance and employment benefits.............................................HB 491 Bailiffs; maximum compensation ......................................................................................SB 257 Boards of commissioners; reapportioning procedure....................................................HB 600 Boards of health; members not to be elected officials..................................................HB 113 Boards of tax assessors; chief appraiser; appointment or removal .............................HB 651 Bond elections; advertisement provisions.......................................................................HB 417 Branch banking laws; comprehensive review and update.............................................SB 165 Business and manufacturing facilities; tax credits; amend provisions .......................HB 336 Business and occupation taxes; amend provisions........................................................HB 168 Business and occupation taxes; amend provisions........................................................HB 230 Business and occupation taxes; amend provisions........................................................HB 282 Business and occupation taxes; extensive revision of provisions ................................HB 175 Capital felony cases; expenses reimbursable to counties...............................................SB 313 Cemeteries; violation of certain rules; prohibit...............................................................SB 359 Certain counties; awarding of certain contracts .............................................................SB 241 Certain counties; prohibit bond issuance; exception.....................................................HB 843 Certain development impact fees; exemption..................................................................HB 64 Certain employees; termination settlement agreement ................................................HB 214 Certain federal grants; urge state legislative oversight.................................................HR 381 Certain school systems; local fair share calculation........................................................HB 22 Charter schools; amend provisions......................................................................................SB 54 Child abuse; reports to child welfare agency..................................................................HB 675 Child abuse treatment centers; funding; General Assembly provide additional fees for certain offenses - CA.......................................................SR 162 Civil War commemorative facilities; preserve ................................................................HB 573 Community Business Development Task Force; create ................................................SR 253 Community Education Advisory Council; create...........................................................HB 141 Contracts for regional facilities; limitations ....................................................................SB 126 Counties and municipalities; certain unused property; disposition.............................SB 161 Counties and municipalities; independent school system; moratorium on annexation ..........................................................................................HB 1083 Counties and municipalities; taxes and license fees; grounds for refund..........................................................................................................HB 441 County and Municipal Probation Advisory Council; provisions; Community Service Pilot Project; establish...........................................HB 435 County and municipal sales tax; redefine qualified municipality...............................HB 748 County emergency medical service councils; provisions.................................................HB 65 Court bailiffs; compensation; increase per diem............................................................HB 769
Courts and juvenile courts; family violence; unruly child; child custody; amend provisions...................................................................................HB 498
Criminal procedure; mental incompetency; certain transfers; discovery in felony cases................................................................................................HB 627
Deceptive trade practices; price increases during state of emergency; counties and municipalities; registration of businesses .......................HB 283
Development authorities; additional powers..................................................................HB 363
Development authorities; local government official or employee as director; audited financial statements ...................................................SB 132

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2709

COUNTIES (Also, see Local Government or Named County) (Continued) Distilled spirits; sales by drink for consumption on premises; referendum upon resolution........................................................................HB 680 District attorneys; travel expenses; reimbursement......................................................HB 966 Driving under the influence; endangering a child; notice of conviction ....................HB 496 Eddie Eagle Gun Safety Program; urge school systems adopt; commend National Rifle Association on development.............................................HR 293 Educational facilities; historic landmarks; advanced placement exam fees; private schools..........................................................................HB 365 Educational facilities; historic landmarks; policy provisions..........................................SB 71 Educational program grants; certain after-school programs forat-riskyouth.................................................................................................................SB 64 Education; certificated personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures .................................................................................SB 281 Education; construction reserve trust fund; program weights; certain salaries.................................................................................................HB 129 Education; county school system; include independent system..................................HB 807 Education; driver's education provision; program weights..........................................HB 404 Education; local fair share funds; calculation................................................................HB 566 Education; midterm adjustments; program adjustment amount for training and experience............................................................................................SB 175 Education; parental authority; provisions.......................................................................HB 752 Education, State Board of; advisory board to State School Superintendent and local boards of education - CA.................................................HR 211 Educators; discipline of students; liability.....................................................................HB 134 Elections; amend provisions...............................................................................................SB 193 Elections; early voting provisions.....................................................................................HB 549 Elections; withdrawal of candidate at general election ................................................HB 111 Employees and elected officials; prohibit cash payment in lieu of insurance and other benefits ........................................................................SB 226 Employees' Retirement; certain county juvenile probation officers; service credit...................................................................................................HB 1062 Employees' Retirement; certain former county employees; time for obtaining credit..............................................................................................HB 1070 Employment benefits; exclude certain elected officials................................................HB 356 Enterprise zones; creation by counties or municipalities; General Assembly provide by general law - CA...........................................................SR 64 Essential Rural Provider Access Act; enact....................................................................HB 545 Evidence; witness fees and mileage.................................................................................HB 338 Evidence; witness residing outside county; fee..............................................................HB 337 Executive or judicial officers and employees; insurance and retirement benefits.................................................................................................HB 217 Fire protection and safety; authority and duties of Firefighter Standards and Training Council...............................................................SB 199 Firearms; possession, purchases, dealers, background checks, regulation; amend provisions ...........................................................................SB 58 Firearms; prohibit regulation; exceptions.......................................................................HB 633 Firefighters; amend provisions..........................................................................................HB 116 Georgia Future Communities Commission; create........................................................HR 324 Grand juries; district attorney's office; inspection........................................................HB 742
Guardian and ward; certain disputes; court appeals.....................................................HB 832
Hazardous waste; create community loan program.......................................................HB 388
"Health Care for Rural and Underserved Georgians Day"; recognize .......................HR 163
Health care network; hospital authorities establish......................................................HB 765
High school diploma; warrant student preparedness; prohibit certain student assessments...........................................................................HB 128

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2710

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Homestead Option Sales and Use Tax Act; enact........................................................HB 108 Hotels and motels; county and municipal levies; bike or pedestrian trails .........................................................................................................HB 975 Hotels and motels; excise tax; authorization to levy.....................................................HB 871 Hotels and motels; excise tax; authorized purposes......................................................HB 776 Hotels and motels; excise tax; authorize increase .........................................................HB 659 Hotels and motels; excise tax; expenditure requirements............................................HB 419 House Rural Hospital and Health Care Financing Study Committee; create...............................................................................................HR 537 Income tax credit; rural health care providers.............................................................HB 1058 Income tax credit; rural physicians..................................................................................HB 524 Inmate medical expenses; repayment; redefine detention facility ..............................HB 757 Inmate medical services; liability; redefine detention facility.....................................HB 758 Inmate Reimbursement to Counties and Municipalities Act; enact.........................HB 1072 Inmate Reimbursement to Counties and Municipalities Act; enact ...........................SB 222 Inmates; outdoor work during inclement weather.......................................................HB 1086 Instant Brady Repeal Act; enact....................................................................................HB 1093 Institute for Community Business Development; create...............................................SB 404 Institute for Community Economic Development; create............................................HB 739 Insurance premium taxes; proceeds.................................................................................HB 550 Intangible personal property tax; amend provisions.....................................................HB 891 Island property located within industrial area; provisions for removal......................SR 228 Jail officers and juvenile correctional officers; training requirement.........................HB 444 Jails; incarceration costs; inmates reimburse .................................................................HB 650 Joint county and municipal sales tax; referendum; resubmission ..............................HB 537 Judges, solicitors, district attorneys; additional qualification.....................................HB 700 Junkyards; screening or fencing.........................................................................................HB 83 Juvenile proceedings; certain cases; public access..........................................................SB 156 Juvenile proceedings; certain nonresidents; jurisdiction over disposition................................................................................................................SB 410 Juvenile proceedings; venue; amend provisions.............................................................HB 176 Land bank authority; property acquisition; tax executions; certain transfers...............................................................................................................SB 89 Law enforcement officers; complaints; processing.........................................................HB 115 Law enforcement officers; residence in high crime area; financing............................HB 429 Least developed counties; job tax credit.........................................................................HB 643 License plates or decals; replacement; sworn affidavit.................................................HB 628 Littering; fines; prohibit certain local ordinances ..........................................................SB 107 Lobbyists; local government employee; exemption .......................................................HB 152 Local boards of education; education required to hold office.....................................HB 561 Local enterprise zones; creation; General Assembly provide by general law - CA.........................................................................................HR 157 Local Government Authorities Registration Act; enact................................................HB 250 Local government efficiency grant program; amend provisions..................................HB 553 Local Government Fiscal Impact Act; enact...................................................................SB 216 Local government impact fiscal notes; amend provisions; municipalities; service of process ..................................................................................SB 134 Local government impact fiscal notes; comprehensive revisions ................................HB 772 Local Governmental Responsibility in Operation of Vehicles Act; enact..................HB 196
Local school boards; employment of attendance officers.............................................HB 551
Lottery proceeds; allocate 10% to local boards of education - CA............................HR 212
Lottery proceeds; allocate 20% to local school systems - CA.....................................HR 190
Marriage license issuance at satellite courthouses; population provisions.....................................................................................................HB 492
Motor carrier of property; flat-rate ad valorem tax; one-time license plate fee..............................................................................................HB 733

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2711

COUNTIES (Also, see Local Government or Named County) (Continued) Motor vehicle emissions; extend inspections to all counties........................................HB 403 Motor vehicle registration; county of real property ownership...................................HB 105 Motor vehicle registration; staggered over 4-month or 12-month period..................HB 379 Motor vehicle registration; staggered over 4-month or 12-month period..................HB 487 Motor vehicle registration; staggered over 4-month or 12-month period...................SB 280 Motor vehicle registration; staggered over 12-month period.......................................HB 237 Motor vehicle registration; staggered over 12-month period.......................................HB 238
Motor vehicle registration; staggered over 12-month period .......................................HB 352 Motor vehicle registration; staggered over 12-month period.......................................HB 538 Motor vehicles; certificate of title; dealer application..................................................HB 184
Motor vehicles; replacement license plate or decal; permanent license plates for certain trailers..............................................................HB 571
Motor vehicles; use of headsets on motorcycle; maximum speed limits on highways and in certain construction sites...................................................SB 48
Municipal charter commissions; create.............................................................................HB 23 Municipal corporations; merger........................................................................................HB 364
Nonperpetual care cemetery; certain adjacent property...............................................SB 179 Officers; compensation provisions....................................................................................HB 654
Officers; defense of actions in lieu of insurance; employment of attorneys...............................................................................................HB 605
Pardons and paroles; certain investigation; publication of notice............................HB 1059 Peace officers; define; include certain county probation officers,...............................HB 455
Personal property in custody of law enforcement agency; certain sales in lots.........................................................................................................HB 480
Police departments; use of nomenclature .......................................................................HB 713 Poll officers in certain counties; chief manager's compensation.................................HB 636 Pretrial proceedings; incarceration in another county ..................................................HB 347 Private graveyards; prohibit development......................................................................HB 391
Probate courts; additional locations; population provisions ........................................HB 493 Pronouncement of death; authorize coroner or deputy................................................HB 508 Property assessment at 100% of fair market value; provide.......................................HB 831
Property; duly filed mortgage; constructive notice to purchaser.................................SB 243 Public employment, education, contracting; prohibit
discrimination - CA........................................................................................................HR 154 Public school buildings; architect's or engineer's plans................................................HB 383
Public school employees; prohibit local salary supplement reductions ......................SB 218 Public works contracts; certain counties; equal opportunity provisions....................HB 358 Raffles; tax-exempt organizations; provisions................................................................HB 456 Regional development centers; ratify boundaries..........................................................HR 323
Regional jail authorities; create........................................................................................HB 345 Regional jail authorities; funds for contracts; authorize ..............................................HB 348 Retirement systems; invest assets in equities..................................................................HB 86
Revenue bonds; redefine undertaking; include jails......................................................HB 349 Rural facilities economic development; criteria for authorization................................HB 97 Sales tax; food; phased-in exemption..............................................................................HB 331 Sanitation collection services; certain regulation...........................................................HB 723 School curriculum; include family violence and child
abuse prevention course.................................................................................................HB 885 School district sales tax; General Assembly authorize
by general law - CA........................................................................................................HR 263 School facilities; certain exemptions; delete repealer ....................................................SB 317 School facilities; minimum requirements; delete repealer............................................HB 644
School Property Tax Relief Fund; authorize creation - CA ............................................HR 4 School systems; local fair share funds; certain retention...............................................HB 19 Schools and school systems; achievement grants;
comprehensive evaluations; regional educational service agencies; disciplinary sanctions ....................................................................................HB 145

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2712

INDEX

COUNTIES (Also, see Local Government or Named County) (Continued) Service of process and returns; sheriff or deputy..........................................................HB 366 Sex offenders; condition of parole; notification of residence.......................................HB 672 Sheriffs; deposits in interest-bearing accounts ..............................................................HB 198 Solid waste; disposal of tires; permits.............................................................................HB 439 Solid waste facilities; certain counties; approval ...........................................................HB 158 Solid waste facilities; limit number permitted...............................................................HB 394 Sovereign immunity; waiver; liability............................................................................HB 1077 Special county 1% sales tax; consolidated government...............................................HB 249 Special county 1% sales tax; educational purposes ......................................................HB 298 Special county 1% sales tax; expiration; reimposition.................................................HB 562 Special county 1% sales tax; regional jails.....................................................................HB 346 Special county 1 % sales tax; sidewalks, bicycle paths, consolidated governments; certain exemption; not applicable ................................HB 161 Special county 1% sales tax; time limitation...................................................................HB 98 Special education; students in general program; funding............................................HB 500 Special primaries or elections; deadline for registration..............................................HB 423 Special purpose county sales tax; educational purposes - CA.......................................HR 50 Special purpose county sales tax; educational purposes - CA.....................................HR 400 Special purpose county sales tax; educational purposes; General Assembly authorize - CA................................................................................HR 158 Special purpose county sales tax; sharing by counties, municipalities, and school systems - CA......................................................................SR 180 Speed detection device; permit application; speed limit approval ..............................SB 320 State auditor; annual personnel report; amend provisions..........................................HB 578 State courts; deferred partial payment of judgments....................................................SB 434 State flag; new design; required display.........................................................................HB 615 State health planning; certificate of need; exemption ................................................HB 1035 State minimum standard codes; compliance; inspections by engineer.......................HB 257 Tax assessment appeals; arbitrator; State Bar member ...............................................HB 193 Tax assessment appeals; interest .....................................................................................HB 286 Tax assessment; notice of appeal; time for riling..........................................................HB 110 Tax executions; certain transfers; statewide applicability ...........................................HB 816 Tax exempt status of Stone Mountain Memorial Association; exception.................HB 475 Tax information exchange; include tax assessors........................................................HB 1026 Tax sales; judicial in rem tax foreclosure; provisions ....................................................SB 338 Teacher and school administrator; define; local boards; training workshops.........................................................................................................HB 154 Teachers Retirement; creditable service; certain county service ................................HB 531 Telecommunications; unincorporated areas; utility tax................................................HB 452 Textbooks; additional procedure for adding to approved list........................................SB 52 Torts; counties, municipalities, school districts; sovereign immunity ........................HB 881 Unfunded state mandates; hardship relief - CA............................................................HR 171 Unpaid ad valorem taxes; waive certain penalties........................................................HB 523 Unused school buildings; local boards offer as gifts to county or municipality...................................................................................................HB 989 Vehicles; 5-year registration and license plates.............................................................HB 601 Vehicular pursuit of person fleeing from police; liability for damage or injury.......................................................................................................HB 457 Venue; additional procedures for change........................................................................HB 673
Vital records services; limitations on fees.......................................................................HB 682
"Voting Rights Participation and Voter Registration Month"; proclaim March...............................................................................................HR 331
Watercraft; certificate of title; provisions.....................................................................HB 1045
Workers' compensation; Self-insurers Guaranty Trust Fund; amend provisions............................................................................................................HB 579
Zoning; reconsideration of defeated actions; time limitation .......................................SB 215

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2713

COUNTY BOARDS OF HEALTH Family-planning services; availability..............................................................................HB 324 Health Code violations; injunction cases filed by Human Resources Department and county boards of health...................................................SB 69 Hospitalization for tuberculosis; amend provisions.......................................................HB 454 Members not to be elected officials.................................................................................HB 113 Vaccination registry for children; provisions..................................................................HB 844 Vital records services; limitations on fees.......................................................................HB 682
COURTS (Also, see Crimes and Offenses or Criminal Procedure) Adoption; judicial challenge; time limitation..................................................................SB 307 Alcovy, Augusta, Cobb, Conasauga, Coweta, Macon, Northern, Ogeechee, Piedmont, and Western Judicial Circuits; add judges...........................HB 236 Alcovy Judicial Circuit; add judge...................................................................................HB 934 Alcovy Judicial Circuit; add judge....................................................................................SB 278 Alimony or child support; certain violation; confinement in diversion center...............................................................................................................SB 7 Appeal from death sentence; consolidated single appeal...............................................HB 57 Appeals; domestic relations cases; amend provisions....................................................HB 191 Appellate; assistance of other judges; provisions............................................................SB 279 Assistant district attorneys; additional appointments; comply with provisions..................................................................................................HB 513 Capital felony cases; expenses reimbursable to counties...............................................SB 313 Certain counties; prohibit bond issuance; exception.....................................................HB 843 Certain criminal history records; Georgia Crime Information Center; public access................................................................................HB 314 Certain fines; victim assistance; superior court clerks; additional fees; automated property record system...................................................SB 114 Certain misdemeanors; court render judgment without jury - CA.............................HR 330 Child abuse treatment centers; funding; General Assembly provide additional fees for certain offenses - CA.......................................................SR 162 Child charged with certain offenses; publication of name or picture ........................HB 360 Child custody proceedings in family violence cases; provisions...................................SB 120 Child support receivers; prohibit bonuses or commissions...........................................SB 213 Civil cases; court costs and attorney's fees.....................................................................HB 159 Civil cases; juries of six; General Assembly prescribe - CA.........................................HR 329 Civil practice; consolidation of actions; consent.......................................,.....................SB 182 Civil practice; exercise of certain rights; special motions to strike unjustified lawsuits ..............................................................................SB 1 Civil practice; nonresident defendant; venue under long-arm statute........................SB 231 Civil practice; nonstenographic depositions....................................................................SB 283 Cobb Judicial Circuit; add judge........................................................................................HB 45 Cobb Judicial Circuit; add judge ......................................................................................SB 264 Conasauga Judicial Circuit; add judge............................................................................HB 310 Conasauga Judicial Circuit; add judge.............................................................................SB 221 Contributing to delinquency, unruliness, deprivation, or endangerment of minor; redefine offense ....................................................................SB 159 Courts and juvenile courts; family violence; unruly child; child custody; amend provisions...................................................................................HB 498 Criminal procedure; restitution orders............................................................................HB 333 Death Penalty Habeas Corpus Reform Act of 1995 ......................................................SB 113 Delinquent or unruly child; court-ordered directives...................................................HB 222

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2714

INDEX

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Discovery; test substances; availability to defense and prosecution...........................HB 242 District attorney; redefine to include municipal court reference................................HB 514 District attorneys; travel expenses; reimbursement ......................................................HB 966 Divorce and alimony; determination by judge - CA .....................................................HR 328 Domestic violence; court-monitored intervention program; counseling program for certain inmates.......................................................................SB 157 Evidence; witness fees and mileage .................................................................................HB 338 Evidence; witness residing outside county; fee..............................................................HB 337 Expert witnesses; opinion or inference; cross-examination..........................................HB 569 Failure to appear in court; execution hearing; time period .........................................HB 926 Family violence cases; fees; amend provisions................................................................SB 117 Family violence; first offender; conditions of probation ..............................................HB 702 Family violence; redefine; preparation of reports; provisions; review by victim...........................................................................................SB 397 Fayette Judicial Circuit; create ........................................................................................HB 486 Government agency; party in trial; instructions to jury.................................................HB 28 Grand juries; district attorney's office; inspection ........................................................HB 742 Grand juries; presentments of preceding grand jury....................................................HB 912 Habeas corpus petition; death sentence; priority ..........................................................HB 736 Habeas corpus proceedings; amend provisions ..............................................................HB 319 Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses...................................................................................HB 276 Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses....................................................................................SB 111 Intruder in residence; imminent danger; rebuttable presumption..............................HB 107 Jails; incarceration costs; inmates reimburse .................................................................HB 650 Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit; create....................................................................................................SR 274 Judges, solicitors, district attorneys; additional qualification.....................................HB 700 Juries and jurors; amend provisions; impartial jury; change of venue to obtain; divorce or alimony cases; alternative dispute resolution.......................................................................................HB 704 Jury duty; exempt persons over age 65...........................................................................HB 296 Jury Power Restoration Act; enact..................................................................................HB 259 Juvenile courts; child within jurisdiction; counseling......................................................SB 77 Juvenile courts; dead docketed cases ............................................................................HB 1003 Juvenile courts; delinquency proceedings; records; hearings.......................................HB 502 Juvenile courts; judge pro tempore appointment; include state court judge..............................................................................................................SB 141 Juvenile courts; judicial training seminars; certification...............................................SB 292 Juvenile law enforcement records; inspection by school officials ...............................HB 226 Juvenile proceedings; adjudicatory hearings; amend provisions ....................................SB 30 Juvenile proceedings and parental rights; extensive revision ......................................HB 737 Juvenile proceedings; certain cases; public access..........................................................SB 156 Juvenile proceedings; certain nonresidents; jurisdiction over disposition................................................................................................................SB 410 Juvenile proceedings; condition of probation; passing average in school.............................................................................................................HB 719 Juvenile proceedings; judicial seminars; certain youth confinement; Corrections Department .........................................................................SB 229
Juvenile proceedings; transfer certain cases from superior court...............................HB 515
Juvenile proceedings; 24-hour supervision during probation.......................................HB 504
Juvenile proceedings; unruly child; supervision fees.....................................................HB 607
Juvenile proceedings; venue; amend provisions .............................................................HB 176
Juveniles; certain assault or battery charges; superior court jurisdiction.............................................................................................................HB 446

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2715

COURTS (Also, see Crimes and Offenses or Criminal Procedure) (Continued) Juveniles in detention; court ordered child support.....................................................HB 554 Land use restrictions; breach of covenant; statute of limitations...............................HB 299 Magistrate courts; civil claims; monetary jurisdiction..................................................HB 469 Magistrate courts; judgments exceeding $3500; discovery procedures.......................HB 580 Magistrate courts; when to exercise certain jurisdiction..............................................HB 470 Magistrates; minimum compensation; computation......................................................HB 468 Municipal court jurisdiction; simple assault and simple battery................................HB 300 Municipal courts; jurisdiction ...........................................................................................HB 658 Municipal probation system; officers collect certain delinquencies ............................SB 276 New judgeships; salary supplements; legal ads............................................................HB 1065 Northern Judicial Circuit; add judge...............................................................................HB 863 Ogeechee Judicial Circuit; add judge...............................................................................HB 899 Parental rights termination; placement of child; list of relatives ...............................HB 747 Peace Officer and Prosecutor Training Fund; annual disbursement..........................SB 155 Piedmont Judicial Circuit; add judge..............................................................................HB 802 Probable witness in criminal prosecution; prohibit sale of information....................HB 151 Probate courts; additional locations; population provisions ........................................HB 493 Probate Judges Training Council; name change; certain probate judges; compensation.......................................................................................HB 248 Regional jail authorities; funds for contracts; authorize..............................................HB 348 Sentence circumvention; define offense..........................................................................HB 315 Service of process and returns; sheriff or deputy..........................................................HB 366 Sheriffs; deposits in interest-bearing accounts ..............................................................HB 198 State courts; deferred partial payment of judgments....................................................SB 434 State flag; new design; required display.........................................................................HB 615 Superior Court Clerks' Cooperative Authority; amend provisions.............................HB 886 Termination of employment; prohibitions; waiver........................................................HB 795 Termination of parental rights; time limit on issuance of order ................................HB 495 Theft of trade secrets; define; wiretapping; pen registers or trap and trace devices; certain motor vehicles; forfeiture ...................................HB 340 Trials; grounds for continuance; party presiding in another court...............................HB 67 Venue; additional procedures for change........................................................................HB 673 Western Judicial Circuit; add judge.................................................................................SB 306 Wiretapping; pen registers or trap and trace devices; authorize ................................HB 341 Witnesses; husband and wife; when compellable to give evidence.............................HB 165 Witnesses; husband and wife; when compellable to give evidence..................................SB 8 Witnesses; husband and wife; when compellable to give evidence..............................SB 234
COWETA JUDICIAL CIRCUIT; add judge ...............................................................HB 236
COX, JOHN W., SR.; invite to House..............................................................................HR 478
CRAMER, ROBERT T.; compensate ..............................................................................HR 277
CREDIT UNIONS; amend provisions..............................................................................SB 103
CREWS, HONORABLE RON; communication .........................................................Page 827
CREWS, SARA ELISABETH; commend ...................................................................HR 488
CRIMES AND OFFENSES (CRIMINAL CODE) Abortion; amend provisions................................................................................................HB 43 Abortion; Woman's Right to Know Act; enact..............................................................HB 392 Abuse of dead body; define offense.................................................................................HB 520 Accelerant detection dog; penalty for destroying or injuring......................................HB 655 Aggravated stalking; violation of peace bond or temporary protective order...............................................................................................................HB 415 Alcoholic beverage sales; prohibited conduct on premises; repeal; reenact.................................................................................................................HB 239

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2716

INDEX

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued)
Armed robbery; death penalty or life without parole.................................................HB 1060 Armor-piercing ammunition; prohibit...............................................................................HB 59 Bad checks; service charge; debit account fraud; complaint costs..............................HB 425 Bailable offenses and appeal bonds; aggravated stalking.............................................HB 413 Bingo; prize awards; increase amounts..............................................................................HB 20 Cellular phone conversations; unlawful interception;
prohibit publication.........................................................................................................SB 131
Certain crimes against children; pretrial discovery; depositions of physicians...............................................................................................HB 290
Certain crimes against elderly; prohibit parole - CA....................................................HR 412 Child charged with certain offenses; publication of name or picture ........................HB 360
Child Protection Act of 1995; sexual offenses; change minimum age to 16.........................................................................................................HB 377
Children; reckless endangerment; define offense...........................................................HB 648
Commission of crime by convicted felon through use of firearm; riot in a penal institution; define offense......................................................HB 87
Computer use for promoting dangerous weapons or terrorism; harassing phone calls; disorderly conduct.....................................................................HB 76
Contributing to delinquency, unruliness, deprivation, or endangerment of minor; redefine offense ...............................................................SB 159
Controlled substances and dangerous drugs; amend list..............................................HB 342 Crime Victims Emergency Fund; proceeds from forfeitures .......................................HB 501 Crime victims; notification; custodial release or bail hearing........................................HB 54 Criminal damage to property in third degree; define offense.....................................HB 430 Dangerous weapons used in commission of certain offenses;
enhanced penalties.........................................................................................................HB 308
Deprivation of a minor; penalties for contributing to ...................................................SB 396 Discovery; test substances; availability to defense and prosecution...........................HB 242 Distributing obscene materials; third offense; penalty.................................................HB 724 Fair Campaign Practices Act; enact ................................................................................HB 312 False identification documents; prohibit possession......................................................SB 198
Family violence; third conviction of simple battery; penalty.......................................SB 341 Felon Identification and Police Safety Act; enact...........................................................HB 27 Financial transaction card account number; prohibit fraudulent use........................HB 656 Firearms dealers; comply with provisions of Brady Handgun
Violence Protection Act.................................................................................................HB 513
Firearms; possession, purchases, dealers, background checks, regulation; amend provisions .............................................................................SB 58
Firearms; regulation by counties and municipalities; prohibit; exceptions........................................................................................................HB 633
Forfeiture of weapons used illegally; disposition...........................................................HB 603
Fraudulent issuance of personal identification cards; define offense..........................SB 253 Habeas corpus proceedings; amend provisions ..............................................................HB 319 Harassing telephone calling; amend provisions.............................................................HB 476 Homicide by vessel, feticide by vessel, and serious injury
by vessel; define offenses...............................................................................................HB 276
Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses................................................................................................SB 111
Inmate committing battery or aggravated assault; transfer
to maximum security......................................................................................................HB 660 Insanity or mental incompetency plea; mentally retarded; redefine..........................HB 206 Instant Brady Repeal Act; enact....................................................................................HB 1093 Intruder in residence; imminent danger; rebuttable presumption..............................HB 107 Juvenile proceedings; adjudicatory hearings; amend provisions ....................................SB 30 Juvenile proceedings; transfer certain cases from superior court ...............................HB 515
Law enforcement communications; statewide 800 MHZ radio system; relative to...........................................................................................................HR 468

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2717

CRIMES AND OFFENSES (CRIMINAL CODE) (Continued) Littering; fines; prohibit certain local ordinances ..........................................................SB 107 Littering public or private property or waters; penalty...............................................HB 174 Mandatory service of sentences for certain crimes - CA................................................HR 32 Material depicting dead bodies or body parts; unsolicited distribution....................HB 685 Misrepresenting the origin of timber; define offense....................................................HB 907 Motor Vehicles, Department and commissioner of; create ..........................................HB 488 Municipal courts; jurisdiction...........................................................................................HB 658 Natural products and chattels; failure to pay; repeal provisions................................HB 728 Offenses of disorderly conduct and harassing phone calls; define...............................SB 420 Pari-mutuel wagering at horsetracks; General Assembly provide - CA.....................HR 531 Penal institutions; sexually violent predator; registration requirements.................................................................................................SB 53 Probable witness in criminal prosecution; prohibit sale of information....................HB 151 Raffles; tax-exempt organizations; provisions................................................................HB 456 Rape or aggravated sodomy; marital relationship not a defense; victim information statement .....................................................................SB 210 Ratites; include in livestock definition and provisions.................................................HB 220 Reckless conduct; include offense of bungee jumping ..................................................HB 169 Riot in a penal institution; define offense......................................................................HB 916 Sentence circumvention; define offense..........................................................................HB 315 Sexual assault by religious or pastoral counselor; define offense.............................HB 1033 Sexual offenses; redefine statutory rape, child molestation, and enticing a child for indecent purposes .................................................................SB 140 Sexually explicit performances; prohibit minors...........................................................HB 241 Simple assault and simple battery; municipal court jurisdiction................................HB 300 Stalking; redefine; peace bond violation.........................................................................HB 414 Student with weapon at school; provisions for expulsion............................................HB 866 Theft of trade secrets; define offense...............................................................................SB 418 Theft of trade secrets; define; wiretapping; pen registers or trap and trace devices; certain motor vehicles; forfeiture........................................HB 340 Theft; use of firearm in armed robbery; enhanced penalty .......................................HB 1061 Torts; sexual harassment; right of action.......................................................................HB 560 Trafficking in controlled substances; mandatory service of sentence - CA..............................................................................................................HR 193 Trafficking sentences; prohibit furloughs, pardons, paroles; exception.....................HB 494 Trial upon accusation; certain theft, forgery, controlled substances charges..........................................................................................................HB 959 Use of force in defense of habitat....................................................................................HB 359 Vandalism to place of worship; felony offense; penalty...............................................HB 859 Vehicular pursuit of person fleeing from police; liability for damage or injury.......................................................................................................HB 457 Wire, oral, or electronic communication; eavesdropping; consent of all parties required.........................................................................................SB 74 Wiretapping; pen registers or trap and trace devices; authorize ................................HB 341
CRIMINAL JUSTICE Abandoned motor vehicles; procedures for reporting ...................................................HB 185 Courts; certain fines; victim assistance ............................................................................SB 114 Crime Victims' Bill of Rights; enact................................................................................HB 170 Family violence; amend report provisions; State Commission on Family Violence; membership..................................................................................SB 115
CRIMINAL PROCEDURE Aggravated stalking; violation of peace bond or temporary protective order...............................................................................................................HB 415 Appeal from death sentence; consolidated single appeal...............................................HB 57 Armed robbery; death penalty or life without parole.................................................HB 1060

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2718

INDEX

CRIMINAL PROCEDURE (Continued) Arrests; notice to accused; commitment hearing...........................................................HB 119 Bail bondsmen; fingerprints to Georgia Crime Information Center; FBI check...........................................................................................................HB 813 Bailable offenses and appeal bonds; aggravated stalking.............................................HB 413 Bailable offenses; felonies; victim notification.................................................................HB 56 Capital felony cases; expenses reimbursable to counties...............................................SB 313 Certain crimes against children; pretrial discovery; depositions of physicians...............................................................................................HB 290 Certain serious violent felony cases; limitations upon granting of bail ........................SB 81 Commission of crime while incarcerated; sentencing......................................................HB 25 Convicted felon; ineligible for parole...............................................................................HB 929 Crime victim and family; right to be present in court..................................................SB 110 Crime Victims' Bill of Rights; enact................................................................................HB 170 Crime victims; compensation; increase maximum ...........................................................HB 55 Crime Victims Emergency Fund; proceeds from forfeitures.......................................HB 501 Crime victims' rights; provisions; General Assembly enforce by general law - CA..............................................................................................HR 1 Criminal cases; competency of counsel.............................................................................HB 61 Criminal sentences; appellate and habeas corpus review; time limit - CA .................HR 25 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 661 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 666 Death penalty; televise executions.................................................................................HB 1085 Discovery; birthdate and social security number of witness.........................................SB 272 Discovery; test substances; availability to defense and prosecution...........................HB 242 Distribution of crime profits; amend provisions............................................................HB 828 Failure to appear in court; execution hearing; time period.........................................HB 926 Family violence; redefine; preparation of reports; provisions; review by victim...........................................................................................SB 397 Family violence; victim notification upon release on bail; victim information statement ........................................................................................SB 209 Forfeiture of weapons used illegally; disposition...........................................................HB 603 Inmate convicted of crime committed while in prison; consecutive service of sentence......................................................................................SB 406 Insanity or mental incompetency plea; mentally retarded; redefine ..........................HB 206 Intruder in residence; imminent danger; rebuttable presumption..............................HB 107 Mandatory service of sentences for certain crimes - CA................................................HR 32 Mental incompetency; certain transfers; discovery in felony cases............................HB 627 Mentally incompetent to stand trial; provisions for hearing and commitment................................................................................................SB 160 Motor Vehicles, Department and commissioner of; create ..........................................HB 488 Murder charge; condition of bail; prohibit contact with juror....................................HB 103 Parole or probation; revocation; bond pending hearing...............................................HB 509 Penal institutions; conditions of parole; GED equivalency diploma; completion of Alcohol and Drug Use Risk Reduction Program.............HB 229 Penal institutions; parole or early release; GED equivalency diploma requirement..................................................................................HB 58 Personal property in custody of law enforcement agency; certain sales in lots.........................................................................................................HB 480 Pretrial proceedings; incarceration in another county..................................................HB 347
Probation; certain offenses; termination of supervision...............................................HB 437
Rape or aggravated sodomy; marital relationship not a defense; victim information statement.........................................................................SB 210
Repeat offenders; second felony conviction; prohibit probation or boot camp..................................................................................................SB 285
Restitution orders...............................................................................................................HB 333
Sentence circumvention; define offense..........................................................................HB 315

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2719

CRIMINAL PROCEDURE (Continued) Stalking; redefine; peace bond violation.........................................................................HB 414 Sureties on criminal bonds; increase fees.......................................................................HB 925 Trafficking in controlled substances; mandatory service of sentence - CA..............................................................................................................HR 193 Trial upon accusation; certain theft, forgery, controlled substances charges..........................................................................................................HB 959 Venue; additional procedures for change........................................................................HB 673 Warrants; admission of evidence......................................................................................HB 895
CROUCH, FRANK C.; commend.....................................................................................HR 359
CULLODEN HIGHLAND GAMES AND SCOTTISH FESTIVAL; commend.....................................................................................................HR 500
CULPEPPER, MR. AND MRS. VAMUS; commend................................................HR 312

D

DACULA, CITY OF; mayor and council; vacancies .....................................................HB 800
DADE COUNTY Lookout Mountain Judicial Circuit; court reporters; salary ........................................HB 821
DAILEY, MATTIE GLOVER; commend .....................................................................HR 553
DAMAGE TO PROPERTY Criminal damage to property in third degree; define offense.....................................HB 430 Vandalism to place of worship; felony offense; penalty...............................................HB 859
DAMS Safe Dams Act; extend certain exemption.....................................................................HB 768 Safe Dams Act; extend certain exemption ......................................................................SB 385
DANIEL, ANN VIRGINIA HOLT PARHAM; condolences...................................HR 511
DANIEL, LIZ; commend....................................................................................................HR 282
DANIELS, REVEREND W. M. Commend on 54th anniversary at Central Baptist Church.........................................HR 354
DATING SERVICE ACT OF 1995; enact ..................................................................HB 166
DAVENPORT, MARY ANN (MOLLIE); condolences.............................................HR 311
DAVIS, JAMES S.; commend ..........................................................................................HR 609
DAWSON, CITY OF; municipal court; contempt penalty...........................................HB 909
DAWSON COUNTY Board of commissioners; create.........................................................................................SB 176 Board of education; reapportion districts........................................................................SB 177
DAY CARE Business and manufacturing facilities; tax credits; amend provisions.......................HB 336 Hospitals, nursing homes and day care centers; encourage plan for emergencies.......................................................................................................HR 201
DEATH PENALTY Appeal from death sentence; consolidated single appeal...............................................HB 57
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2720

INDEX

DEATH PENALTY (Continued) Armed robbery; death penalty or life without parole.................................................HB 1060 Capital felony cases before Supreme Court; Attorney General represent state..................................................................................................HB 837 Capital felony cases before Supreme Court; Attorney General represent state - CA........................................................................................HR 401 Capital felony cases; expenses reimbursable to counties...............................................SB 313 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 661 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 666 Habeas corpus petition; death sentence; priority ..........................................................HB 736 Habeas corpus proceedings; amend provisions ..............................................................HB 319 Televise executions...........................................................................................................HB 1085
DEBTOR AND CREDITOR Consumer reports; adverse information; notice to affected consumer.......................HB 770 Natural products and chattels; failure to pay; repeal provisions................................HB 728 Property to secure debt; reversion of title; real property; certain notification to purchaser..................................................................................HB 194
DECATUR, CITY OF; homestead exemption; certain residents.................................SB 456
DECATUR COUNTY Board of commissioners; compensation...........................................................................HB 372 Board of education; nonpartisan election .......................................................................HB 373 Probate judge; nonpartisan...............................................................................................HB 371
DEEDS Georgia Land Sales Act; comprehensive revision..........................................................HB 621 Long-term notes secured by real estate; intangible recording tax...............................SB 224 Property; duly filed mortgage; constructive notice to purchaser.................................SB 243 Property tax map and parcel number; include on deeds.............................................HB 507 Real property; eligibility for homestead exemptions; notification..............................HB 608 Superior court clerks; additional fees; automated property record system...................................................................................................SB 114
DEKALB COUNTY Certain officers; compensation.......................................................................................HB 1013 Chief magistrate; compensation .......................................................................................HB 969 DeKalb Memorial Stadium Authority; provisions..........................................................SB 433 Fulton County; library system; add member from DeKalb.........................................HB 396 Homestead exemption; certain residents........................................................................HB 935 Joint Study Committee on DeKalb County's Form of Government; create .............HR 420 Marriage license issuance at satellite courthouses; population provisions.....................................................................................................HB 492 Poll officers; chief manager's compensation...................................................................HB 636 Probate courts; additional locations; population provisions........................................HB 493 Special districts; millage rate............................................................................................HB 370 Stone Mountain Judicial Circuit; judges; increase supplement ..................................HB 823
DELANEY, TOM; invite to House...................................................................................HR 530
DELTA SIGMA THETA SORORITY; invite members to House..........................HR 117
DENEKAMP, ANTOON HERMANUS "TONY"; condolences .............................HR 213
DENMARK GROOVER, JR., HOSPITAL; designate................................................HR 21
DENTISTS AND DENTAL HYGIENISTS Autoclaves; exempt from boiler and pressure vessel safety requirements.................HB 321 Income tax credit; health care provider; volunteer services ........................................HB 847 Substantial revision of provisions ....................................................................................HB 990

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2721

DERENNE MIDDLE SCHOOL CONCERT BAND; commend ...........................HR 589
DEVELOPMENT AUTHORITIES Additional powers...............................................................................................................HB 363 Agrirama Development Authority; membership............................................................HB 792 Business and manufacturing facilities; tax credits; amend provisions.......................HB 336 Certain development impact fees; exemption ..................................................................HB 64 Community Business Development Task Force; create ................................................SR 253 Contracts for regional facilities; limitations ....................................................................SB 126 Development authorities; local government official or employee as director; audited financial statements ...................................................SB 132 Institute for Community Business Development; create...............................................SB 404 Institute for Community Economic Development; create............................................HB 739 Regional development centers; ratify boundaries..........................................................HR 323 Rural facilities economic development; criteria for authorization................................HB 97
DISABLED PERSONS (See Handicapped Persons)
DISTILLED SPIRITS (Also, see Alcoholic Beverages and Alcoholism) Sales by drink for consumption on premises; certain counties; repeal ......................HB 517 Sales by drink for consumption on premises; Olympic events....................................HB 583 Sales by drink for consumption on premises; prohibited conduct; repeal; reenact.................................................................................................HB 239 Sales by drink for consumption on premises; referendum upon resolution...............................................................................................................HB 680
DISTRICT ATTORNEYS Additional qualification.....................................................................................................HB 700 Assistant district attorneys; additional appointments; crime victims' advocate..................................................................................................HB 178 Assistant district attorneys; retain number; removal of judge....................................HB 231 Employees' Retirement; administer certain judicial retirement systems...................HB 137 Employees' Retirement; assistant district attorneys; employees of Prosecuting Attorneys' Council ............................................................HB 689 Grand juries; presentments of preceding grand jury....................................................HB 912 Inspection of office by grand juries .................................................................................HB 742 Redefine to include municipal court reference ..............................................................HB 514 Retirement; amend provisions ........................................................................................HB 1088 Retirement; assistant district attorney; prior service credit ......................................HB 1006 Retirement; benefits; service over 16 years....................................................................HB 592 Travel expenses; reimbursement ......................................................................................HB 966
DIVORCE (See Domestic Relations)
DIX, HONORABLE SCOTT; communication............................................................Page 381
DODGE COUNTY Board of education; nonpartisan elections....................................................................HB 1001 Heart of Georgia Regional Airport Authority; create.................................................HB 1002
DODGE COUNTY HIGH SCHOOL BOYS' BASKETBALL TEAM; invite members and coaches to House.............................................................HR 574
DOGS Accelerant detection dog; penalty for destroying or injuring ......................................HB 655 Animal care and control officers; certification.............................................................HB 1084
DOMESTIC RELATIONS Adoption; judicial challenge; time limitation ..................................................................SB 307 Adoption; prohibit sale of child by parent or guardian ................................................SB 130 Appeals; amend provisions ................................................................................................HB 191

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DOMESTIC RELATIONS (Continued) Child abuse; reports to child welfare agency..................................................................HB 675 Child Abuse Study Committee; create.............................................................................SR 164 Child custody proceedings in family violence cases; provisions...................................SB 120 Child custody; visitation rights; noncustodial parents...................................................SB 246 Child support computation; gross income of both parents..........................................HB 548 Child support; include life insurance on one or both parents......................................SB 423 Child support; noncompliance; limit issuance of business license...............................SB 227 Child support; revise method of calculation.....................................................................HB 72 Common-law marriage; prohibit after 7/1/96 ...............................................................HB 1075 Divorce and alimony; determination by judge - CA.....................................................HR 328 Divorce or alimony cases; alternative dispute resolution .............................................HB 704 Divorce; repeal certain ground............................................................................................HB 30 Divorce; U. S. service personnel; residency and venue - CA.......................................HR 101 Domestic violence; court-monitored intervention program; counseling program for certain inmates.......................................................................SB 157 Family violence; amend report provisions; State Commission on Family Violence; membership ...........................................................SB 115 Family violence cases; fees; amend provisions................................................................SB 117 Family violence; first offender; conditions of probation ..............................................HB 702 Family violence; redefine; preparation of reports; provisions; review by victim...........................................................................................SB 397 Family violence; victim notification upon release on bail; victim information statement ...............................................................................SB 209 Marriage license application; previous marriage surname...........................................HB 695 Marriage license issuance at satellite courthouses; population provisions.....................................................................................................HB 492 Parent and child; in vitro fertilization; gestational surrogacy ...................................HB 1073 Parental rights termination; placement of child; list of relatives ...............................HB 747 Paternity petition; appointment of guardian ad litem.................................................HB 339 Professional counselors, social workers, marriage and family therapists; certain licensees; mental and physical examination ..............................HB 273 Termination of parental rights; time limit on issuance of order ................................HB 495 Witnesses; husband and wife; when compellable to give evidence.............................HB 165 Witnesses; husband and wife; when compellable to give evidence..................................SB 8 Witnesses; husband and wife; when compellable to give evidence..............................SB 234
DOOLY COUNTY; board of commissioners; compensation........................................HB 917
DOTY, KAREN; commend ..................................................................................................HR 75
DOUGHERTY COUNTY Albany-Dougherty County Day at the Capitol; declare 2/23/95; invite representatives to House....................................................................................HR 321
DOUGLAS COUNTY Community improvement districts; include City of Lithia Springs.........................HB 1057 Douglas County 911; commend ........................................................................................HR 677 Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit; create....................................................................................................SR 274
DOUGLAS JUDICIAL CIRCUIT Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit; create....................................................................................................SR 274
DRIVER TRAINING INSTRUCTORS AND SCHOOLS Driver's license; certain exemption; DUI alcohol and drug use risk reduction; satellite programs...........................................................................SB 250 Driver's license; test requirement; certain exemption...................................................HB 188 Licensing; certain exemption ............................................................................................HB 187

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2723

DRIVER'S LICENSE Alcoholic beverages; open container in motor vehicle; prohibitions; exceptions....................................................................................................SB 60 Certain exemption; DUI alcohol and drug use risk reduction; satellite programs..........................................................................................SB 250 Classes C and M; reduce fees ...........................................................................................HB 150 Commercial driver's instruction permit; amend provisions .........................................HB 305 Commercial driver's license; disqualification from driving commercial motor vehicle ..................................................................................HB 70 Commercial driver's license; disqualification from driving commercial motor vehicle.................................................................................SB 288 Conviction records; assessment of points........................................................................HB 289 Distinctive markings; "DUI offender".............................................................................HB 203 Distinguishable markings for DUI conviction.................................................................SB 211 Driving under the influence; second offense; marked driver's license .......................HB 135 Elections Code; conform to repeal of National Voter Registration Act of 1993 ................................................................................................HB 962 False information; sanctions .............................................................................................HB 256 Filing of convictions; suspension on points; reinstatement fee ...................................HB 255 Issued to minor; valid to age 21 ..........................................................................................SB 34 Name or address change; notification.............................................................................HB 438 Personal identification card; cancellation and limitation.............................................HB 254 Redefine resident................................................................................................................HB 519 Replacement provisions .....................................................................................................HB 146 State Patrol; certain officers; retain badge after 25 years of service ..........................SB 287 Stolen driver's license; free replacement............................................................................SB 37 Suspension; minor's noncompliance with certain education requirements.......................................................................................................................SB 98 Test requirement; certain exemption ..............................................................................HB 188 Voter Registration Act of 1993; urge Congress fund or repeal....................................HR 317
DRIVING UNDER THE INFLUENCE Blood alcohol concentration; amend provisions...........................................................HB 1096 Blood alcohol concentration; amend provisions................................................................SB 66 Breath test; two sequential samples required ................................................................HB 610 Distinctive driver's license; "DUI offender"...................................................................HB 203 Driver's license; distinguishable markings for DUI conviction ....................................SB 211 Endangering a child; notice of conviction.......................................................................HB 496 House Prevention of Driving Under the Influence by Young Drivers Study Committee; create ....................................................................HR 369 Motor vehicles; amend provisions relating to DUI; seat belt requirements and curfew for minors ......................................................................SB 79 Penal institutions; certain inmates; Alcohol or Drug Use Risk Reduction Program required ................................................................................SB 154 Satellite DUI alcohol or drug use risk reduction programs.........................................HB 582 Second offense; marked driver's license..........................................................................HB 135
DRUGS AND DRUG DEPENDENCY AND ABUSE AIDS and HIV impact on health care systems; prepare report..................................HR 374 Alcoholics and drug dependent persons; restrict methadone dosages........................HB 839 Dangerous drugs; amend list.............................................................................................HB 342 Distinctive driver's license; "DUI offender"...................................................................HB 203 Driver's license; distinguishable markings for DUI conviction ....................................SB 211 Driving under the influence; blood alcohol concentration .........................................HB 1096 Driving under the influence; blood alcohol concentration..............................................SB 66 Driving under the influence breath test; two sequential samples required.............................................................................................................HB 610 Driving under the influence; endangering a child; notice of conviction ....................HB 496

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DRUGS AND DRUG DEPENDENCY AND ABUSE (Continued) Driving under the influence; second offense; marked driver's license .......................HB 135 Education; drug testing of students...............................................................................HB 1004 Firearms; possession, purchases, dealers, background checks, regulation; amend provisions .............................................................................SB 58 House Prevention of Driving Under the Influence by Young Drivers Study Committee; create.................................................................................HR 369 Illegal drugs; urge Congress to declare war....................................................................HR 259 Motor vehicles; amend provisions relating to DUI; seat belt requirements and curfew for minors ..............................................................................SB 79 Penal institutions; certain inmates; Alcohol or Drug Use Risk Reduction Program required .........................................................................................SB 154 Penal institutions; condition of parole; completion of Alcohol and Drug Use Risk Reduction Program.......................................................HB 229 Pharmaceutics; certain government purchases; prohibit..............................................HB 544 Pharmacists; generic drug substitution; therapeutically equivalent............................SB 309 Professional counselors; licensing; include addiction counseling ..............................HB 1082 Reverse drug distributors and drug researchers; registration......................................HB 611 Satellite DUI alcohol or drug use risk reduction programs .........................................HB 582 State personnel administration; applicant for employment; drug test requirement.......................................................................................................SB 22 Trafficking in controlled substances; mandatory service of sentence - CA..............................................................................................................HR 193
DULUTH, CITY OF; clarify corporate limits................................................................HB 952
DUNAHOO, EVA H.; commend.......................................................................................HR 341
DUNWOODY HIGH SCHOOL FASTPITCH SOFTBALL TEAM; invite to House......................................................................................................HR 85
DUPONT, LEO HAMILTON AND OTHERS; commend.......................................HR 310

E

EARTH DAY; recognize April 22, 1995 ...........................................................................HR 687
EAST DUBLIN, CITY OF; corporate limits .................................................................SB 464
EAST HALL HIGH SCHOOL VIKINGS BOYS BASKETBALL TEAM; commend ..............................................................................HR 710
EAST METRO ATLANTA CHRISTIAN GIRLS BASKETBALL TEAM; commend ..............................................................................HR 543
EAST POINT, CITY OF Application of Fulton County library system Act............................................................SB 99
EAVESDROPPING Cellular phone conversations; unlawful interception; prohibit publication.........................................................................................................SB 131 Wire, oral, or electronic communication; consent of all parties required..................................................................................................................SB 74 Wiretapping; pen registers or trap and trace devices; authorize ................................HB 340 Wiretapping; pen registers or trap and trace devices; authorize ................................HB 341
ECHOLS, JAMES FRANKLIN, SR.; condolences.....................................................HR 348
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2725

ECONOMY Housing and finance authority; facilitate economic development ..............................HB 323
EDUCATION Academic subject-based education; prohibit outcome-based methods.......................HB 420 Alternative Schools and Reeducation Act; enact...........................................................HB 149 Anti-litter pledge; urge elementary school program......................................................HR 439 Certain curriculum-based assessment; suspend .............................................................HB 901 Certain retired public school and community college employees; health insurance..........................................................................................HB 183 Certain sales and use tax; increase rate............................................................................HB 82 Certain sales by parent-teacher organizations; sales tax exemption..........................HB 402 Certain school systems; local fair share calculation........................................................HB 22 Certificated personnel; performance evaluation; develop model.................................HB 941 Certificated personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures.....................SB 281 Charter Schools Act of 1995; enact..................................................................................HB 465 Charter schools; amend provisions......................................................................................SB 54 College preparatory curriculum; certain 8th or 9th grade credits ..............................HB 999 Community Education Advisory Council; create...........................................................HB 141 Comprehensive Science Instruction and Academic Freedom Act; enact.................HB 1079 Construction reserve trust fund; program weights; certain salaries ...........................HB 129 Corrections, Department of; certain incarcerated youth; special school district......................................................................................................SB 228 Corrections, Department of; create special school district for incarcerated youth......................................................................................HB 436 Counties and municipalities; independent school system; moratorium on annexation..........................................................................................HB 1083 County school system; include independent system.....................................................HB 807 Curriculum-based assessment; availability of results to students and parents.........................................................................................................SB 11 Curriculum-based assessment; calculators and computers...........................................HB 632 Curriculum; include family violence and child abuse prevention course...................HB 885 Driver's education provision; program weights ..............................................................HB 404 Driver's license suspension; minor's noncompliance with certain education requirements.......................................................................................SB 98 Drug testing of students ..................................................................................................HB 1004 Eddie Eagle Gun Safety Program; urge school systems adopt; commend National Rifle Association on development .............................................HR 293 Educational facilities; historic landmarks; advanced placement fees; private schools.....................................................................................HB 365 Educational facilities; historic landmarks; policy provisions..........................................SB 71 Educators; discipline of students; liability .....................................................................HB 134 Educators; Professional Practices Commission tribunal; assistance by Office of Administrative Hearings........................................................SB 294 Educators Technology Training Commission; create.....................................................SR 122 Elementary and high schools; athletic activities............................................................HB 447 Grant program targeting at-risk students........................................................................SB 214 Grants; certain after-school programs for at-risk youth..................................................SB 64 Grants; children of certain military or National Guard members...............................SB 247 High school diploma; warrant student preparedness; prohibit certain student assessments...........................................................................HB 128 Home economics study to include parenting instruction................................................SB 68 HOPE scholarship; extend to private college students ..................................................HB 69 HOPE scholarship; home schooled children; qualifications...........................................HB 68 HOPE scholarship; home study programs; qualifications ............................................HB 842 HOPE scholarship program; additional eligibility ..........................................................HB 88 House Lottery Retailers Study Committee; create.......................................................HR 536

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INDEX

EDUCATION (Continued) Joint Study Committee on Educational Testing; create ..............................................HR 662 Joint Study Committee on Georgia Agricultural Education; create...........................SR 163 Joint Study Committee on School Construction; create ..............................................HR 417 Juvenile law enforcement records; inspection by school officials...............................HB 226 Juvenile proceedings; adjudicatory hearings; amend provisions ....................................SB 30 Juvenile proceedings; condition of probation; passing average in school.............................................................................................................HB 719 Local boards; education required to hold office ............................................................HB 561 Local boards; nonpartisan elections without nonpartisan primary .............................SB 193 Local fair share funds; calculation...................................................................................HB 566 Local school boards; employment of attendance officers.............................................HB 551 Lottery; age for ticket purchasing; drawing time prohibition...................................HB 1087 Lottery; fidelity fund provisions .......................................................................................SB 400 Lottery proceeds; allocate 10% to local boards of education - CA............................HR 212 Lottery proceeds; allocate 20% to local school systems - CA.....................................HR 190 Lottery proceeds; change net proceeds percentage .......................................................HB 521 Lottery; redefine major procurement contract...............................................................HB 325 Mandatory education; age requirement..........................................................................HB 547 Medical loans or scholarships; facilities for repayment by services rendered........................................................................................................SB 262 Midterm adjustments...........................................................................................................HB 11 Midterm adjustments; program adjustment amount for training and experience..................................................................................................................SB 175 Midterm adjustments; training and experience .............................................................HB 133 Nonpublic Postsecondary Education Commission; executive director........................SB 305 Nonpublic Postsecondary Education Commission; expand powers; tuition equalization grants; proprietary institutions.................................................HB 228 North Georgia College Reserve Officers' Training Corps; tuition assistance ............................................................................................................HB 287 Parental authority; provisions..........................................................................................HB 752 Penal institutions; conditions of parole; GED equivalency diploma; completion of Alcohol and Drug Use Risk Reduction Program .............HB 229 Penal institutions; parole or early release; GED equivalency diploma requirement....................................................................................................--HB 58 Postsecondary education; eligibility; students in home study programs .................HB 1071 Postsecondary education; redefine eligible institution ....................................................SB 47 Private schools; advanced placement exams; fees ..........................................................SB 282
Professional Standards Commission; executive secretary; merit system; employees of state schools for deaf and blind ..................................HB 406
Property assessment at 100% of fair market value; provide.......................................HB 831 Public and private schools; encourage plan for emergencies.......................................HR 210 Public assistance; LEARNFARE pilot program; school attendance required...........SB 298 Public school buildings; architect's or engineer's plans................................................HB 383 Public School Disciplinary Tribunal Act; amend..........................................................HB 479 Public school discipline; permanent expulsion; readmission .......................................HB 794 Public school employees; prohibit local salary supplement reductions ......................SB 218 Public schools; comprehensive evaluation; exemption.......................................................SB 9 Public schools; disciplinary problem student; parental conference...............................SB 31 Rosa M. Tarbutton Memorial Library; designate.........................................................HR 161
Sales tax; educational purposes - CA..............................................................................HR 513
Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority...........................................SB 363
School-based nutrition programs; urge continued federal funding.............................HR 482
School district sales tax; General Assembly authorize by general law - CA........................................................................................................HR 263
School facilities; certain exemptions; delete repealer ....................................................SB 317

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2727

EDUCATION (Continued) School facilities; minimum requirements; delete repealer............................................HB 644 School Property Tax Credit Act of 1995; enact...........................................................HB 1074 School Property Tax Relief Fund; authorize creation - CA............................................HR 4 School systems; local fair share funds; certain retention ...............................................HB 19 Schools and school systems; achievement grants; comprehensive evaluations; regional educational service agencies; disciplinary sanctions....................................................................................HB 145 Sex education and AIDS instruction; limitations..........................................................HB 711 Special county 1% sales tax; educational purposes......................................................HB 298 Special education; students in general program; funding ............................................HB 500 Special purpose county sales tax; educational purposes - CA.......................................HR 50 Special purpose county sales tax; educational purposes - CA.....................................HR 400 Special purpose county sales tax; educational purposes; General Assembly authorize - CA................................................................................HR 158 Special purpose county sales tax; sharing by counties, municipalities, and school systems - CA......................................................................SR 180 State Board; advisory board to State School Superintendent and local boards of education - CA.............................................................................HR 211 State Board; appointment by governor or state school superintendent - CA.......................................................................................................HR 467 State flag; new design; required display .........................................................................HB 615 Student with weapon at school; provisions for expulsion............................................HB 866 Teacher and school administrator; define; local boards; training workshops.........................................................................................................HB 154 Teachers and school personnel; contracts and criminal record checks......................HB 503 Teachers and school personnel; false certificate or credentials; penalties.......................................................................................................SB 296 Teachers; national certification; salary increase ............................................................HB 678 Technical and Adult Education, State Board of; urge designation of Charles W. Yeargin Building..............................................................HR 497 Technical and Adult Education, State Board of; urge designation of "Charles W. Yeargin Building"..........................................................HR 688 Textbooks; additional procedure for adding to approved list........................................SB 52 Textbooks; approved list; change method of selection ...................................................HB 15 Tuition equalization grants; include proprietary institution of higher education......................................................................................SB 100 Unused school buildings; local boards offer as gifts to county or municipality...................................................................................................HB 989 Voluntary group prayer in classrooms; urge Congress restore ......................................HR 23
EDWARDS, CORPORAL ARVID J.; invite to House ..............................................HR 153
EDWARDS, HALLIE WARD; commend......................................................................HR 306
EDWARDS, HONORABLE WARD; doorkeeper of House; commend ...................HR 684
EFFINGHAM COUNTY; state court judge; salary ......................................................HB 535
809TH TANK DESTROYER ASSOCIATION; commend.....................................HR 255
ELDERLY Abuse of incompetent persons; hearsay statements......................................................HB 368 Adult residential care homes; provisions.........................................................................Hb 460 Adult residential homes; change personal care home references ..................................HB 92 Aged and Disabled Transportation Task Force; recreate ..............................................HR 95 Alzheuner's disease disclosure of information; Osteoporosis Prevention and Treatment Education Act; enact .....................................................HB 558 Assistive technology devices; donor or lender; immunity.............................................HB 720

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2728

INDEX

ELDERLY (Continued) Certain crimes against elderly; prohibit parole - CA....................................................HR 412 Certain facilities; affix signs..............................................................................................HB 209 Certain mentally impaired patients; individual monitoring systems; urge...............................................................................................HR 533 Elections; assisted voter; declaration form.....................................................................HB 400 Family Caregiver Support Act; in-home grants .............................................................HB 587 Federal pension income; certain tax refund ...................................................................HB 243 Guardian and ward; certain disputes; court appeals.....................................................HB 832 Guardian and ward; incapacitated adult; delete advanced age provision ..................SB 146 Guardians and fiduciaries for beneficiaries of the U. S. Department of Veterans Affairs; compensation ...............................................SB 347 Guardians of wards and incapacitated adults; counsel and guardian ad litem; prohibition...............................................................................SB 147 Health care network; hospital authorities establish......................................................HB 765 House Study Committee on Discretionary Trusts for Disabled Beneficiaries; create.......................................................................................HR 521 Income tax; retirement income exclusion.......................................................................HB 232 Joint Elder Abuse Study Commission; create.................................................................SR 121 Joint Guardianship Study Committee; create ..................................................................SR 77 Jury duty; exempt persons over age 65...........................................................................HB 296 Law enforcement; immediate investigation; missing Alzheimer's patient .................HB 634 Long-term care ombudsman; amend provisions ............................................................HB 557 Medicaid recipients; reimbursement from estates; urge repeal.....................................HR 22 Nonemergency vans and operators; regulation by Public Service Commission........................................................................................................HB 665 Nonresuscitation orders; emergency medical technicians ...............................................SB 55 Principal and agent; financial power of attorney; guardian and ward; amend provisions ..........................................................................................SB 105 Public assistance; vehicles transporting recipients; requirements ..............................HB 499 Taxable net income reduction; certain long-term care insurance .............................HB 1048
ELECTIONS Absentee elector; redefine; care of disabled person ......................................................HB 153 Amend provisions................................................................................................................SB 193 Assisted voter; declaration form.......................................................................................HB 400 Campaign contributions by foreign nationals; prohibit................................................HB 114 Campaign contributions; candidate's loan to self; reimbursement .............................HB 806 Campaign contributions; disclosure; political action committees; lobbyists; prohibitions................................................................................HB 40 Campaign contributions; disclosure; use of funds.........................................................HB 355 Campaign contributions; ordinary and necessary expenses; exclusions........................SB 18 Campaign contributions; state and local government; prohibitions...........................HB 864 Change qualifying and general primary dates in 1996 ..................................................SB 192 Code; conform to repeal of National Voter Registration Act of 1993........................HB 962 Code; corrections.................................................................................................................HB 197 Code of conduct for candidates; establish........................................................................HB 10 Contested elections; attorneys' fees.................................................................................HB 894 Display United States flag at polling places.....................................................................SB 33 Early voting provisions ........................................................................................................HB 63 Early voting provisions......................................................................................................HB 549 Ethics; campaign contributions; verification..................................................................HB 868 Fair Campaign Practices Act; enact................................................................................HB 312 Fair Campaign Practices Act; enact ................................................................................HB 426 Filing dates; write-in candidates; notice of intent and drug testing provisions....................................................................................................SB 148 Lobbyists; local government employee; exemption.......................................................HB 152 Municipal elections; qualifying fees; date; time.............................................................HB 351

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2729

ELECTIONS (Continued) Order of names on ballot; incumbency ...........................................................................HB 697 Poll officers in certain counties; chief manager's compensation.................................HB 636 Reapportionment; congressional districts .......................................................................HB 875 Special primaries or elections; deadline for registration ..............................................HB 423 State elected officials; limit consecutive full terms - CA.............................................HR 194 State employees in classified service; grievance system; political activities.............................................................................................................SB 133 Unsigned voter registration cards; eligibility .................................................................HB 534 Voter Registration Act of 1993; urge Congress fund or repeal....................................HR 317 "Voting Rights Participation and Voter Registration Month"; proclaim March...............................................................................................HR 331 Withdrawal of candidate at general election..................................................................HB 111
ELEVATORS AND ESCALATORS Chairlifts in buildings owned by certain nonprofit organizations; inapplicability of certain laws ..............................................................SB 377
ELLIOTT, JOSEPH M. "MIKE"; commend................................................................HR 700
ELLIOTT, MARY SIMS; invite to House.....................................................................HR 289
EMERGENCIES AND EMERGENCY SERVICES Certain hospitals; prohibit care to illegal aliens; exceptions .......................................HB 572 Certain purchases; state of emergency; Emergency Management Agency ................HB 288 County emergency medical service councils; provisions.................................................HB 65 Deceptive trade practices; disaster related violations; penalties..................................SB 116 Deceptive trade practices; price increases during state of emergency; counties and municipalities; registration of businesses .......................HB 283 Emergency and police vehicles; colored flashing lights ................................................HB 234 Hospitals, nursing homes and day care centers; encourage plan for emergencies.......................................................................................................HR 201 House Emergency Medical Services Study Committee; create...................................HR 386 House State Emergency Management Study Committee; create .................................HR 92 Income tax credit; certain disaster assistance................................................................HB 316 Indemnification payments; death or disability..............................................................HB 564 Joint Study Committee on Use of Ambulances; create...................................................SR 57 Nonresuscitation orders; emergency medical technicians ...............................................SB 55 Public and private schools; encourage plan for emergencies.......................................HR 210 Reverse drug distributors and drug researchers; registration......................................HB 611 Southern Regional Emergency Management Compact; enact......................................SB 387 State-wide trauma response system plan; Public Health Division directed to create.............................................................................................SR 139 Torts; certain good faith actions; liability ......................................................................HB 530
EMINENT DOMAIN; petroleum pipeline companies ....................................................SB 24
EMISSIONS, MOTOR VEHICLES Inspections; exception........................................................................................................HB 834 Inspections; exception........................................................................................................HB 835 Inspections; extend to all counties...................................................................................HB 403 Inspections; prohibit centralized testing.........................................................................HB 478 Inspections; prohibit centralized testing..........................................................................SB 251 Inspections; redefine responsible motor vehicle ............................................................HB 224 Inspections; redefine responsible motor vehicle ............................................................HB 533
EMPLOYEES' RETIREMENT SYSTEM (See Retirement and Pensions or State Employees)

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2730

INDEX

EMPLOYMENT AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility.............................................................................................HB 570 Appointed county officers; insurance and employment benefits ................................HB 491 Business and manufacturing facilities; tax credits; amend provisions .......................HB 336 Employer immunity for disclosure of job performance; include banks, licensed home care providers, home health agencies, savings and loan associations, and credit unions......................................HB 297 Employment security; domestic employees; annual reports ........................................HB 618 Employment security; State-wide Reserve Ratio..........................................................HB 263 Employment security; temporary help contracting firms.............................................HB 240 Enterprise zones; creation by counties or municipalities; General Assembly provide by general law - CA...........................................................SR 64 Insurance corporations; certain employees investing insurer's funds; prohibitions; corporations; insurable interest in employees .........................SB 332 Labor, Department of; supplemental appropriation; Unemployment Trust Fund ..........................................................................................HB 164 Least developed counties; job tax credit.........................................................................HB 643 Military duty; reemployment rights in private industry...............................................SB 299 National Guard member called into active service; reemployment rights .................SB 354 Probation services; standards...........................................................................................HB 104 Professional Employer Organization Act; enact ............................................................HB 555 State employees; waiver of certain overtime compensation.........................................HB 387 Termination; prohibitions; waiver....................................................................................HB 795 Torts; sexual harassment; right of action.......................................................................HB 560 Unemployment benefits; liability of succeeding employers .........................................HB 131 Unemployment benefits; liability of succeeding employers.........................................HB 132 Unemployment benefits; liability of succeeding employers; reemployment services...................................................................................................HB 260 Unemployment compensation; entitlement; early retirement .....................................HB 367 Workers' compensation; coverage; Olympic and Paralympic volunteers......................SB 17 Workers' compensation; temporary help contracting firm or employee leasing company; statutory employer..........................................................SB 331 Youthbuild Program Act; enact ........................................................................................SB 315
ENGINEERS AND LAND SURVEYORS Continuing education.........................................................................................................HB 471 "Engineers' Day" in Georgia; declare February 7, 1995...............................................HR 269 Land Surveyors, State Board of; create; Professional Engineers, State Board of; amend ...............................................................................HB 746 Public school buildings; architect's or engineer's plans................................................HB 383 State auditor; statistical duties; certain Department of Transportation contracts ..........................................................................................HB 328 State minimum standard codes; compliance; inspections by engineer.......................HB 257
ENVIRONMENTAL PROTECTION (See Conservation and Natural Resources or Hazardous Substances)
EPHESUS, CITY OF; mayor and council; amend provisions .....................................HB 764
EQUAL RIGHTS Abortion; Woman's Right to Know Act; enact ..............................................................HB 392 American Indian tribes; amend listing............................................................................HB 361 Community Business Development Task Force; create ................................................SR 253 Economic parity assessment; authorize study by Department of Audits and Accounts .................................................................................................HR 243 Environmental Justice Act of 1995; enact......................................................................HB 204 Georgia Association of Black Elected Officials (GABEO); concerns relating to homelessness................................................................................HR 577

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2731

EQUAL RIGHTS (Continued) Georgia Association of Black Elected Officials (GABEO); initiatives relating to problem of hunger....................................................................HR 572 Georgia Association of Black Elected Officials (GABEO); position on issue of poverty..........................................................................................HR 578 Georgia Association of Black Elected Officials (GABEO); relative to its position on SB 113.................................................................................HR 573 Georgia Association of Black Elected Officials (GABEO); welfare reform concerns.................................................................................................HR 579 Georgia Indian Affairs Commission; establish.................................................................HB 80 House Indian Affairs Study Committee; create.............................................................HR 514 Housing authorities for certain Indian tribes; create....................................................HB 293 Indian Housing Authorities; American Indian tribes ....................................................SB 123 Instant Brady Repeal Act; enact....................................................................................HB 1093 Public employment, education, contracting; prohibit discrimination - CA........................................................................................................HR 154 Public stadium, auditorium, or arena; certain mascot; breach of contract...........................................................................................................HB 130 Public works contracts; certain counties; equal opportunity provisions....................HB 358 Right to bear arms; protect; urge challenge to Public Law 103-159 ..........................HR 600 Spoken languages; policy of state....................................................................................HR 357 State contracts; minority business participation...........................................................HB 313 State contracts; minority business participation ..............................................................SB 73 Trail of Tears Parkway; designate...................................................................................HR 418 Women's Access to Health Care Act; enact ...................................................................HB 955 "Women's History Month"; designate March, 1995 .....................................................HR 382
EROSION AND SEDIMENTATION Land-disturbing activities; amend provisions................................................................HB 350 Land-disturbing activities; buffers along trout streams; state waters; permits for discharge of pollutants........................................SB 375
ESTATES (See Wills, Trusts and Administration of Estates)
ETHEREDGE, JUDYE PENNINGTON; condolences.............................................HR 230
ETHERIDGE, DALLAS V. "VAN", III; commend ...................................................HR 546
EVANS COUNTY Board of commissioners; districts....................................................................................HB 947 Board of education; districts.............................................................................................HB 948
EVIDENCE Abuse of incompetent persons; hearsay statements......................................................HB 368 AIDS confidential information; disclosure to coroner..................................................HB 268 Certain statements made by child; child abuse; provisions; define sexual abuse.........................................................................................................HB 155 Crime victim and family; right to be present in court..................................................SB 110 Criminal procedure; warrants; admission of evidence ..................................................HB 895 Expert witnesses; opinion or inference; cross-examination..........................................HB 569 Georgia Bureau of Investigation; investigative subpoenas; documentary evidence....................................................................................................HB 192 Hearsay; certain statements made by child; admissibility............................................SB 124 Medical reports; authenticity and admissibility............................................................HB 177 Privileged communications to, between, and among mental health care providers...............,.......................................................................................SB 223 Witness fees and mileage...................................................................................................HB 338 Witness residing outside county; fee ...............................................................................HB 337 Witnesses; certain state agency communications; exclude...........................................HB 887

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2732

INDEX

EVIDENCE (Continued) Witnesses; husband and wife; when compellable to give evidence.............................HB 165 Witnesses; husband and wife; when compellable to give evidence..................................SB 8 Witnesses; husband and wife; when compellable to give evidence..............................SB 234
EXAMINING BOARDS (See Licenses or Professions and Businesses)
EXCISE TAX Hotels and motels; authorization for counties and municipalities to levy.....................................................................................................HB 871 Hotels and motels; authorized purposes .........................................................................HB 776 Hotels and motels; authorize increase.............................................................................HB 659 Hotels and motels; county and municipal levies; bike or pedestrian trails.........................................................................................................HB 975 Hotels and motels; expenditure requirements...............................................................HB 419 Motor fuel; compressed natural gas.................................................................................HB 687
EXECUTIONS AND JUDICIAL SALES Advertisement; street address of property.....................................................................HB 182 Failure to appear in court; execution hearing; time period.........................................HB 926 Legal ads; statutory rates..................................................................................................HB 581 Tax executions; certain transfers; statewide applicability...........................................HB 816 Tax sales; judicial in rem tax foreclosure; provisions ....................................................SB 338
EXLEY, PRESTON; commend.........................................................................................HR 108

FAMILY (Also, see Domestic Relations) Aid to dependent children; AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility; employment of principal wage-earner .........................................................................HB 570 Aid to dependent children; AFDC recipients; repeal provisions; amend provisions........................................................................................HB 461 Aid to dependent children; affidavits regarding paternity; requirements....................................................................................................................HB 787 Aid to dependent children; automated fingerprint matching system; provisions...........................................................................................................HB 512 Aid to dependent children; employment of principal wage-earner; prohibit denial of assistance..................................................................HB 784 Aid to dependent children; means-tested programs; statistical summaries......................................................................................................HB 783 Aid to dependent children; public assistance recipients; certain disqualification...................................................................................................HB 786 Aid to dependent children; public assistance recipients; required residence...........................................................................................................HB 785 Aid to dependent children; redefine assistance; terminate money payments.............................................................................................................HB 788 Aid to dependent children; Work First Program; medicaid eligibility ......................HB 353 Child custody proceedings in family violence cases; provisions...................................SB 120 Domestic violence; court-monitored intervention program; counseling program for certain inmates.......................................................................SB 157 Family and Children Services, Department of; notification of certain conviction.......................................................................................................HB 496 Family and Children Services Division; certain payroll deductions...........................HB 927
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2733

FAMILY (Also, see Domestic Relations) (Continued) Family-planning services; availability..............................................................................HB 324 Family violence; amend report provisions; State Commission on Family Violence; membership..................................................................................SB 115 Family violence cases; fees; amend provisions................................................................SB 117 Family violence; first offender; conditions of probation ..............................................HB 702 Family violence; redefine; preparation of reports; provisions; review by victim...........................................................................................SB 397 Family violence; third conviction of simple battery; penalty.......................................SB 341 Family violence; victim notification upon release on bail; victim information statement ...............................................................................SB 209 Individual and Family Support Act of 1995; enact.......................................................HB 262 Policy Council for Children and Families; create...........................................................SB 256 Pro-family Tax Equity Act of 1996; enact........................................................................HB 13 Professional counselors, social workers, marriage and family therapists; certain licensees; mental and physical examination ..............................HB 273 School curriculum; include family violence and child abuse prevention course.............................................,..........,..........,..........,.............................HB 885
FAMILY AND CHILDREN SERVICES Aid to Families with Dependent Children; repeal certain provisions ........................HB 461 Child Abuse Study Committee; create.............................................................................SR 164 Individual and Family Support Act of 1995; enact.......................................................HB 262 Medical loans or scholarships; facilities for repayment by services rendered........................................................................................................SB 262 Policy Council for Children and Families; create...........................................................SB 256 Public assistance; LEARNFARE pilot program; school attendance required...........SB 298 Welfare fraud; definitions; penalties ................................................................................SB 446 Youthbuild Program Act; enact ........................................................................................SB 315
FARMS AND FARM PRODUCTS Agricultural products; processing fees; industry promotion - CA...............................HR 367 Cooperative marketing associations; amend provisions................................................HB 125 Equipment used for drying farm crops; sales tax exemption......................................HB 127 Farmers' markets; signs, misting equipment, composting facilities..........................HB 1024 House Poultry Feed and Transportation Study Committee; create...........................HR 440 House Rural Hospital and Health Care Financing Study Committee; create...............................................................................................HR 537 Income tax credit; rural health care providers.............................................................HB 1058 Income tax credit; rural physicians..................................................................................HB 524 Peach; designate as official state fruit ............................................................................HB 559 Peanut; designate as official state crop...........................................................................HB 124 Peanuts and peanut products; labeling requirements...................................................HB 126 Poultry Capital of the World; designate Georgia ..........................................................HB 594 Real property; certain notification to purchaser...........................................................HB 793 Real property; certain notification to purchaser; property to secure debt; reversion of title..................................................................HB 194 Sales tax exemption; exclude certain equipment repairs.............................................HB 915 Sales tax; farm equipment, milling machinery, and farm related machinery; routine repair not fabrication.......................................................HB 94 Vidalia onion marketing; amend provisions...................................................................HB 208 Vidalia onion production area; include Tift County.....................................................HB 781
FAX MACHINES Telecommunications and Competition Development Act of 1995; enact...................SB 137
FAYETTE COUNTY; Fayette Judicial Circuit; create................................................HB 486
FAYETTE JUDICIAL CIRCUIT; create.....................................................................HB 486

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2734

INDEX

FEDERAL GOVERNMENT Ad valorem tax exemption; certain federal property transfer.....................................HB 630 Ad valorem tax exemption; certain nonprofit museums..............................................HB 252 Aid to dependent children; affidavits regarding paternity; requirements....................................................................................................................HB 787 Aid to dependent children; employment of principal wage-earner; prohibit denial of assistance..................................................................HB 784 Aid to dependent children; means-tested programs; statistical summaries......................................................................................................HB 783 Aid to dependent children; public assistance recipients; certain disqualification...................................................................................................HB 786 Aid to dependent children; public assistance recipients; required residence...........................................................................................................HB 785 Aid to dependent children; redefine assistance; terminate money payments.............................................................................................................HB 788 American and state flags; display; certain holidays......................................................HB 180 Annexation; unincorporated islands; preclearance........................................................HB 543 Brady Handgun Violence Protection Act; firearms dealers comply with provisions..................................................................................................HB 513 Certain federal grants; urge state legislative oversight.................................................HR 381 Certain federal pensions; income tax credit .....................................................................HB 29 Certain hospitals; prohibit care to illegal aliens; exceptions .......................................HB 572 Certain property on West Point Lake; sublease............................................................HB 890 Conference of the States; issue call .................................................................................HR 280 Correctional Medical Services Panel; create..................................................................HB 968 Cumberland Island and St. Marys; urge certain action by National Park Service....................................................................................................HR 316 Divorce; U. S. service personnel; residency and venue - CA.......................................HR 101 Elections Code; conform to repeal of National Voter Registration Act of 1993................................................................................................HB 962 Federal estate taxes; urge Congress increase gross exemption....................................HR 103 Federal estate taxes; urge Congress increase gross exemption....................................HR 290 Federal pension income; certain income taxes; claims for refunds.................................HB 3 Federal pension income; certain tax refund ...................................................................HB 243 Gingrich, Honorable Newt L.; Speaker of U. S. House; invite to joint session .....................................................................................................HR 238 Gingrich, Honorable Newt; Speaker of U. S. House; invite to House .........................HR 30 Guardians and fiduciaries for beneficiaries of the U. S. Department of Veterans Affairs; compensation..........................................................SB 347 Hospitals receiving certain funds; open meetings and open records; exemption..........................................................................................................HB 760 Illegal drugs; urge Congress to declare war....................................................................HR 259 Income tax credit; physicians providing certain care....................................................HB 418 Income tax; Federal Retiree Refund Act; enact..............................................................HB 90 Income tax on federal pensions; agreement with federal office..................................HB 462 Income tax withheld on federal pensions; claim for credit............................................HB 71 Insurance premium taxes; proceeds.................................................................................HB 550 Joint Legislative Committee on Federal Mandates; create..........................................HB 218 Labeling; country of origin of peanuts; urge Congress require...................................HR 173 Labor, Department of; supplemental appropriation; Unemployment Trust Fund ..........................................................................................HB 164
Medicaid eligibility; certain AFDC recipients................................................................HB 570
Medicaid eligibility; certain AFDC recipients; Work First Program .........................HB 353
Medicaid recipients; reimbursement from estates; urge repeal.....................................HR 22
Military action authorized by United Nations; urge Congress not participate.................................................................................................................HR 188
Military duty; reemployment rights in private industry ...............................................SB 299

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2735

FEDERAL GOVERNMENT (Continued) National sales tax to replace federal income tax; urge Congress impose ..................HR 240 Pharmaceutics; certain government purchases; prohibit..............................................HB 544 Public Revenue Code; reference date; Internal Revenue Code.....................................HB 34 Reapportionment; congressional districts.......................................................................HB 875 Retirement Pay Tax Refund Act of 1995; enact .............................................................HB 32 Retirement systems; computation of contributions; IRS amount...............................HB 327 Retirement systems; excess compensation; limitation..................................................HB 140 Right to bear arms; protect; urge challenge to Public Law 103-159 ..........................HR 600 Safe Dams Act; extend certain exemption .....................................................................HB 768 Safe Dams Act; extend certain exemption ......................................................................SB 385 Sales tax exemption; certain organizations receiving public funds ............................HB 384 Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority...........................................SB 363 School-based nutrition programs; urge continued funding..........................................HR 482 Speeding on interstate system; state offense .................................................................HB 532 State banks; federal regulatory examination fee; urge Congress reject.....................HR 385 State legislators; travel expenses and per diem; urge exclusion from income for purposes of federal income tax and social security.....................HR 264 State powers; claim sovereignty under U. S. Constitution ..............................................HR 5 State powers; claim sovereignty under U. S. Constitution ..............................................HR 8 State powers; claim sovereignty under U. S. Constitution............................................HR 11 State powers; claim sovereignty under U. S. Constitution ...............................................SR 1 State sovereignty; restate....................................................................................................HR 76 Teachers Retirement; creditable service; certain federal service................................HB 215 Termination of employment; prohibitions; waiver........................................................HB 795 Truck weights; uniform tolerances among states; urge Federal Highway Administration provide.................................................................,.HR 373 24th Infantry Division (Mechanized) at Fort Stewart; urge United States Army not change designation.....................................................HR 411 Voluntary group prayer in classrooms; urge Congress to restore..................................HR 23 Voluntary prayer in schools; urge Congress restore......................................................HR 404 Voter Registration Act of 1993; urge Congress fund or repeal....................................HR 317
FENTON, HERBERT G.; commend...............................................................................HR 608
FINANCIAL INSTITUTIONS Amend provisions................................................................................................................SB 103 Bad checks; service charge; debit account fraud; complaint costs..............................HB 425 Banks, savings and loan associations, and credit unions; immunity for disclosure of job performance ..............................................................HB 297 Branch banking laws; comprehensive review and update.............................................SB 165 Branch banks; sale by parent bank .................................................................................HB 759 Business development corporations; interest on loans...............................................HB 1078 Deceased intestate depositors; release of funds.............................................................HB 529 Dishonored check; motor vehicle insurance; cancellation of coverage ........................SB 238 Financial transaction card account number; prohibit fraudulent use........................HB 656 Lender Self-referral Act; enact.........................................................................................HB 727 Medical Care Savings Account and Trust Act; enact...................................................HB 980 Outstanding instruments; restrictions on service charges............................................HB 791 Public funds; securing of deposits; pooling of collateral............................................HB 1063 Sheriffs; deposits in interest-bearing accounts ..............................................................HB 198 State banks; federal regulatory examination fee; urge Congress reject.....................HR 385
FINES AND FORFEITURES Cemeteries; violation of certain rules; prohibit...............................................................SB 359 Courts; certain fines; victim assistance ............................................................................SB 114 Crime Victims Emergency Fund; proceeds from forfeitures .......................................HB 501

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2736

INDEX

FINES AND FORFEITURES (Continued) Forfeiture of weapons used illegally; disposition...........................................................HB 603 Motor vehicle used in burglary or armed robbery........................................................HB 340
FIRE PROTECTION Adult residential care homes; provisions........................................................................HB 460 Assisted living facilities; regulation..................................................................................HB 443 Blasting near underground pipes; utility responsibility...............................................HB 247 Carbon monoxide poisoning; urge alerting public to danger .......................................HR 333 Firefighters; amend provisions..........................................................................................HB 116 Firefighters' Recognition Day; observe February 14, 1995 ..........................................HR 297 Firelighter Standards and Training Council; authority and duties ............................SB 199 Firemen's Pension; certain prior service; credit.............................................................HB 967 Firemen's Pension; change reference...........................................................................--HB 138 Firemen's Pension; eligible members; expand scope.....................................................HB 380 Firemen's Pension; redefine fire department.................................................................HB 593 Fireworks; storage; magazine license.............................................................................HB 1014 Handicapped accessible public facilities; compliance with ADAAG standards .................................................................................................HB 653 Indemnification payments; death or disability..............................................................HB 564 Public school buildings; architect's or engineer's plans................................................HB 383 Rules of the road; headset prohibition; exempt firefighters........................................HB 631
FIREARMS Armed robbery; death penalty or life without parole.................................................HB 1060 Armor-piercing ammunition; prohibit...............................................................................HB 59 Crimes and offenses; commission of crime by convicted felon through use of firearm; riot in a penal institution............................................HB 87 Crimes and offenses; computer use for promoting dangerous weapons or terrorism; harassing phone calls; disorderly conduct.............................HB 76 Dangerous weapons used in commission of certain offenses; enhanced penalties.........................................................................................................HB 308 Dealers; comply with provisions of Brady Handgun Violence Protection Act.................................................................................................................HB 513 Eddie Eagle Gun Safety Program; urge school systems adopt; commend National Rifle Association on development.................................HR 293 Felon Identification and Police Safety Act; enact...........................................................HB 27 Firearms; possession, purchases, dealers, background checks, regulation; amend provisions .............................................................................SB 58 Forfeiture of weapons used illegally; disposition...........................................................HB 603 Game and fish; amend provisions....................................................................................HB 277 Hunting wildlife; nontoxic shot; provision for use........................................................HB 274 Instant Brady Repeal Act; enact....................................................................................HB 1093 Regulation by counties and municipalities; prohibit; exceptions................................HB 633 Right to bear arms; protect; urge challenge to Public Law 103-159 ..........................HR 600 Student with weapon at school; provisions for expulsion............................................HB 866 Theft; use of firearm in armed robbery; enhanced penalty .......................................HB 1061
FIREWORKS; storage; magazine license.......................................................................HB 1014
FISH AND FISHING (Also, see Game and Fish) Aquaculture Development Commission; membership; subcommittees.......................SB 200 Certain violations; suspension of privileges....................................................................HB 584 Commercial crabbing; license provisions.........................................................................HB 264 Game and fish; amend provisions....................................................................................HB 277 Game fish; creel and possession limits; trout waters; move certain streams from list with seasons to list without seasons......................SB 201
FIVE STAR DODGE, INC.; compensate.......................................................................HR 319

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2737

FLAGS American and state flags; display; certain holidays ......................................................HB 180 Elections; display United States flag at polling places....................................................SB 33 State and local facilities; flags displayed on Veterans Day; include POW-MIA flag............................................................................................SB 25 State flag; change design.....................................................................................................HB 84 State Flag Commission for the Olympic Games; create.................................................HR 52 State flag; new design; required display .........................................................................HB 615
FLETCHER, CARRIE Compensate.........................................................................................................................HR 102 Compensate.........................................................................................................................HR 172
FLOVILLA, CITY OF Butts County, cities of Flovilla, Jackson, and Jenkinsburg; water and sewer authority; bond maturities.......................................HB 302
FLOYD COUNTY Cave Spring, City of; annex property in Floyd County................................................HR 159 Convey property..................................................................................................................HR 155 Hospital authority; vacancies............................................................................................HB 751
FLOYD, JAMES MARVIN, SR.; commend.................................................................HR 207
FOOD Brewpub; licensing provisions...........................................................................................HB 374 Food Sales Tax Credit Act of 1995; enact......................................................................HB 445 Food Sales Tax Credit Act of 1995; enact......................................................................HB 448 Food service; gloves and hair coverings; requirement...................................................HB 620 Labeling; country of origin of peanuts; urge Congress require ...................................HR 173 Natural products and chattels; failure to pay; repeal provisions................................HB 728 Peanuts and peanut products; labeling requirements...................................................HB 126 Ratites; include in livestock definition and provisions.................................................HB 220 Sales tax; exempt certain food items...............................................................................HB 142 Sales tax; exempt certain food items...............................................................................HB 265 Sales tax; phased-in exemption........................................................................................HB 331 Sales tax; phased-in exemption; certain foods and drugs ..............................................HB 26 Sales tax; proceeds used for property tax relief - CA.....................................................HR 37 School-based nutrition programs; urge continued federal funding.............................HR 482
FORECLOSURE Motor vehicles; foreclosure sale; deficiency judgment..................................................HB 744 Tax sales; judicial in rem tax foreclosure; provisions ....................................................SB 338
FOREIGN GOVERNMENTS Campaign contributions by foreign nationals; prohibit................................................HB 114
FOREST PARK, CITY OF; redevelopment powers........................,............................HB 913
FORESTS AND PLANT RESOURCES Ad valorem tax; standing timber; millage rate; weighted average prices; owner harvests......................................................................................HB 755 Highways; tree trimming permits; fees............................................................................HB 718 Lengths of vehicles and loads; certain loads of wood products; extend ....................HB 511 Misrepresenting the origin of timber; define offense....................................................HB 907 Public roads; declaration of policy; amend definition ..................................................HB 721 Real property; certain notification to purchaser ...........................................................HB 793 Real property; certain notification to purchaser; property to secure debt; reversion of title..................................................................HB 194 Sales tax exemption; certain off-road equipment; revise provisions ............................HB 33

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2738

INDEX

FORESTS AND PLANT RESOURCES (Continued) Sales tax exemption; certain off-road timber equipment; declare legislative intent................................................................................................HR 408 Sales tax exemption; off-road equipment for forestry harvesting..............................HB 567 Vehicle loads; maximum gross weight; certain commodities .......................................HB 490
FORSYTE, CITY OF; time for holding elections.........................................................HB 897
FORSYTE COUNTY Board of commissioners; expenses.................................................................................HB 1041 Homestead exemption; certain residents.........................................................................SB 473
FORT BENNING; Major General John W. Hendrix; invite to House.......................HR 371
FORT VALLEY STATE COLLEGE 100th anniversary; commend............................................................................................HR 184 100th anniversary; commend............................................................................................HR 185
FOSTER, MARY JO, JUDY BROCK, AND JUDY TAYLOR; commend........HR 649
4-B DAY AT STATE CAPITOL; invite winners and president to House...............HR 89
FOUST, TODD GORDON Condolences; invite father, Gordon Foust, to House ....................................................HR 150
FRANCE; participation in 1996 Olympics; commend ....................................................HR 683
FRAUD Financial transaction card account number; prohibit fraudulent use........................HB 656 Fraudulent issuance of personal identification cards; define offense..........................SB 253 Insurance; Special Insurance Fraud Fund; create..........................................................SB 208 Misrepresenting the origin of timber; define offense....................................................HB 907 Public assistance; fraud; additional penalty ...................................................................HB 453 Special Insurance Fraud Fund; establish........................................................................HB 599 Special Insurance Fraud Fund; provisions; health insurance; amend provisions; genetic testing; prohibitions......................................HB 616 Trial upon accusation; certain theft, forgery, controlled substances charges..........................................................................................................HB 959 Welfare fraud; definitions; penalties ................................................................................SB 446 Workers' compensation; corporate exemptions; subrogation; fraud and compliance unit; mediator; payment of penalties....................................SB 323 Workers' compensation; corporate exemptions, subrogation, penalties, fraud; amend; Workers' Compensation Truth in Advertising Act; enact...............................................................................................HB 596
FROTEINGHAM, EDWARD IV; commend................................................................HR 622
FUEL (See Gas, Gasoline and Gas Service)
FULLER, WBITNEY; invite to House...........................................................................HR 370
FULTON COUNTY Awarding of certain contracts............................................................................................SB 241 Bond issuance; exception to prohibition.........................................................................HB 843 City of Atlanta-Fulton County Intergovernmental Services Advisory Commission; create ........................................................................................HB 993 Elections; amend provisions...............................................................................................SB 193 Fulton County and MARTA; convey property ................................................................HR 49 Homestead exemptions; increase for certain residents.................................................HB 780 House Atlanta-Fulton County Consolidation of Services Study Committee; create ...............................................................................................HR 481

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2739

FULTON COUNTY (Continued) Joint Study Commission on Economic Development and Revitalization in South Fulton; create.........................................................................SR 101 Library; board of trustees..................................................................................................HB 799 Library system; add member from DeKalb....................................................................HB 396 Marriage license issuance at satellite courthouses; population provisions .....................................................................................................HB 492 Part-time magistrates; compensation..............................................................................HB 284 Payment date for taxes......................................................................................................HB 766 Personnel board and merit system; amend provisions.................................................HB 102 Poll officers; chief manager's compensation...................................................................HB 636 Probate courts; additional locations; population provisions........................................HB 493 Prohibit racetrack within two miles of residential area................................................SB 336 Public works contracts; equal opportunity provisions..................................................HB 358 School employees pension; minimum payment..............................................................HB 749
FUNERAL DIRECTORS AND EMBALMERS Abuse of dead body; define offense.................................................................................HB 520 Failure to affix identification to casket; sanctions........................................................HB 112 Identification of deceased; affix to casket........................................................................HB 75 Identification tag; affix to body or cremation vessel....................................................HB 246 Licensing; continuing education.......................................................................................HB 100

G

GAINES, WILLIAM; condolences...................................................................................HR 707
GAMBLING Bingo; prize awards; increase amounts..............................................................................HB 20 Casino gaming; General Assembly authorize by law - CA...........................................HR 506 Indian Housing Authorities; American Indian tribes ....................................................SB 123 Pari-mutuel wagering at horsetracks; General Assembly provide - CA.....................HR 531 Raffles; tax-exempt organizations; provisions................................................................HB 456
GAME AND FISH Amend provisions...............................................................................................................HB 277 Aquaculture Development Commission; membership; subcommittees.......................SB 200 Beekeepers; permit to kill certain bears.........................................................................HB 804 Certain violations; suspension of privileges....................................................................HB 584 Commercial crabbing; license provisions.........................................................................HB 264 Game fish; creel and possession limits; trout waters; move certain streams from list with seasons to list without seasons.................................SB 201 Hunting wildlife in state park; approved weaponry......................................................HB 200 Hunting wildlife; nontoxic shot; provision for use ........................................................HB 274 Hunting wildlife; prohibit steel-jaw traps and leg-hold traps...................................HB 1064 Ratites; include in livestock definition and provisions.................................................HB 220 Wildlife; certain claims against state.............................................................................HB 1094 Wildlife; feeding or baiting alligator; prohibit ...............................................................HB 401 Wildlife management area; required clothing during deer season..............................HB 991
GARDEN CITY, CITY OF; recorder's court; authority ..............................................HB 619
GARRISON, DOUG; commend........................................................................................HR 249
GAS, GASOLINE AND GAS SERVICE Carbon monoxide poisoning; urge alerting public to danger.......................................HR 333
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GAS, GASOLINE AND GAS SERVICE (Continued) Excise tax; motor fuel; compressed natural gas.............................................................HB 687 Gas utility; determination of base rate...........................................................................HB 617 Petroleum pipeline companies; eminent domain..............................................................SB 24
GAWEL, JASON B.; commend ........................................................................................HR 631
GAY, JACK N.; commend..................................................................................................HR 519
GENERAL ASSEMBLY Adjourn 1/13/95; reconvene 1/23/95; remainder of session; adjourn each Friday and reconvene each Monday ......................................................HR 18 Adjourn 2/22/95; reconvene 2/27/95................................................................................HR 403 Adjourn 2/22/95; reconvene 2/27/95.................................................................................SR 256 Adjourn 3/1/95; reconvene 3/6/95.....................................................................................SR 289 Adjourn 3/15/95; reconvene 3/17/95 ................................................................................HR 601 Amendments or substitutes having fiscal impact; fiscal note required .....................HB 602 Appropriation and expenditure of state funds; revise procedures - CA........................HR 2 Bills and resolutions; joint sponsorship ...........................................................................SB 128 Budgetary Responsibility Oversight Committee; members; Research Office; certain oversight functions..............................................................HB 233 Budget; limit growth to gross state product growth - CA..............................................HR 98 Campaign contributions; disclosure; political action committees; lobbyists; prohibitions................................................................................HB 40 Certain vacancies; Governor appoint - CA.....................................................................HR 292 Claims Advisory Board; certain payments; repeal provisions......................................HB 836 Counties; unfunded state mandates; hardship relief - CA...........................................HR 171 Expense allowance................................................................................................................HB 62 General appropriations; FY 1995-96..................................................................................HB 96 General appropriations; FY 1995-96................................................................................HB 202 General bills increasing taxes or fees; approval - CA...................................................HR 105 General bills increasing taxes or fees; approval - CA...................................................HR 119 General bills raising revenue; two-thirds vote required - CA........................................HR 51 General bills raising revenue; two-thirds vote required - CA.........................................SR 61 Gingrich, Honorable Newt L.; Speaker of U. S. House; invite to joint session.....................................................................................................HR 238 Governor's budget report; include multiple-year estimates of revenue and spending projects.................................................................................HB 334 Housing Affordability Impact Note Act; enact.................................................................SB 97 Indian Housing Authorities; American Indian tribes ....................................................SB 123 Joint Legislative Committee on Federal Mandates; create..........................................HB 218 Joint session; Governor's message......................................................................................HR 15 Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges ...............................................................................HR 16 Joint session; message from Chief Justice of Supreme Court.......................................HR 17 Joint session; relative to inauguration..................................................................................SR 9 Legislative information; public distribution in electronic format.................................HB 53 Legislative Retirement; certain spousal benefits ...........................................................HB 851 Legislative Retirement; change formula........................................................................HB 1095 Legislative Services Committee; membership..................................................................HB 60 Local Government Fiscal Impact Act; enact...................................................................SB 216 Local government impact fiscal notes; amend provisions; municipalities; service of process ..................................................................................SB 134 Local government impact fiscal notes; comprehensive revisions ................................HB 772 Notify Governor; General Assembly convened ...................................................................SR 8 Office of inspector general; create - CA............................................................................HR 77 Privatization Review Committee; create.........................................................................HB 434 Public Service Commission; election by General Assembly - CA.................................HR 58

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2741

GENERAL ASSEMBLY (Continued) Reapportionment; congressional districts.......................................................................HB 875 Recreational Authorities Overview Committee; create; certain state parks authorities; amend provisions .....................................................HB 120 Reimbursable expenses; equipment ownership..............................................................HB 235 School district sales tax; General Assembly authorize by general law - CA........................................................................................................HR 263 State Compensation Board; General Assembly provide by general law - CA ...............................................................................................................HR 59 State Museum and State Library Study Commission; recreate..................................HR 122 State purpose tax; define.....................................................................................................HB 89 State purpose tax; effective prior to referendum - CA...................................................HR 29 Supplemental appropriations; FY 1994-95 .......................................................................HB 95 Supplemental appropriations; FY 1994-95 .....................................................................HB 201 Supplemental appropriations; prohibit; exceptions - CA.............................................HR 237 Term limits - CA ..................................................................................................................HR 10 Term limits - CA ..................................................................................................................HR 33 Term limits - CA ..................................................................................................................HR 97 Term limits - CA ................................................................................................................HR 194 Term limits - CA ................................................................................................................HR 241 Term limits - CA ...................................................................................................................SR 30 Term limits; change term to 4 years - CA........................................................................HR 28 Term limits; change term to 4 years - CA........................................................................HR 93 Term limits; limit terms as Speaker - CA........................................................................HR 34 Travel expenses and per diem; urge exclusion from income for purposes of federal income tax and social security.............................................HR 264
GEORGIA ASSOCIATION OF BLACK ELECTED OFFICIALS (GABEO) Concerns relating to homelessness...................................................................................HR 577 Initiatives relating to problem of hunger........................................................................HR 572 Position on issue of poverty ..............................................................................................HR 578 Relative to its position on SB 113 ...................................................................................HR 573 Welfare reform concerns....................................................................................................HR 579
GEORGIA BUILDING AUTHORITY Crosswalks at capitol; certain traffic barriers; urge study...........................................HR 520 Pete Hackney Parking Facility; designate......................................................................HR 368 State office buildings; urge designation of smoking areas ...........................................HR 302
GEORGIA BUREAU OF INVESTIGATION (GBI) Employees' Retirement; narcotics agents; membership................................................HB 450 Employees' Retirement; narcotics agents; prior service credit....................................HB 449 Felon Identification and Police Safety Act; enact...........................................................HB 27 Investigative subpoenas; documentary evidence............................................................HB 192 Nomenclature Act of 1995; enact.....................................................................................HB 212
GEORGIA CITIZENS FOR THE ARTS Commend...............................................................................................................................HR 73 Commend.............................................................................................................................HR 127
GEORGIA COMMISSION ON THE HOLOCAUST Commend; invite Sylvia Wygoda to House ....................................................................HR 415
GEORGIA FARM BUREAU FEDERATION; invite president to House ............HR 197
GEORGIA FEDERATION OF WOMEN'S CLUBS; commend.............................HR 697
GEORGIA JUNIOR MISS SCHOLARSHIP PROGRAM Commend; invite Georgia's Junior Miss to House........................................................HR 424

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GEORGIA NUTRITION MONTH AT THE CAPITOL Designate March, 1995.......................................................................................................HR 555
GEORGIA PEACH FESTIVAL; invite representative to House..............................HR 318
GEORGIA RECREATION AND PARKS ASSOCIATION Invite representatives to House........................................................................................HR 266
GEORGIA RECYCLING MARKET DEVELOPMENT COUNCIL; commend.......................................................................................................HR 339
GEORGIA SAVE OUTDOOR SCULPTURE; commend..........................................HR 48
GEORGIA SMOKE-FREE CLASS OF 2000; commend...........................................HR 88
GEORGIA STATE COUNCIL OF MACHINISTS; commend ..............................HR 650
GEORGIA TIME-SHARE ACT; comprehensive revision..........................................HB 622
GEORGIA TREES COALITION AND TREES ATLANTA; commend ............HR 398
GEORGIA WOMEN'S INTERSPORT NETWORK (GA-WIN) Invite members to House ..................................................................................................HR 118
GEORGIA YOUTH ASSEMBLY; students selected as officials; commend ..........HR 580
GEORGIANET AUTHORITY; commend ....................................................................HR 477
GEORGIA'S ANTEBELLUM TRAIL; commend on 10th anniversary~...............HR 179
GEORGIA'S SCENIC SWAMP ROUTE OF THE VETERANS HIGHWAY; designate............................................................................HR 689
GERMANY; participation in 1996 Olympics; commend................................................HR 685
GIBSON, BILLY R., SR.; commend...............................................................................HR 661
GILBERT, DETRAVION AND ROKITA MCKINLEY; condolences ................HR 725
GILBERT, ERIN; commend .............................................................................................HR 146
GILLIS, HONORABLE HUGH M., JR.; communications...........................Pages 161, 162
GILMER COUNTY Board of commissioners; create.........................................................................................SB 349 Homestead exemption; certain residents ........................................................................HB 556
GILYARD, WILLIAM, IV; commend............................................................................HR 549
GINGRICH, HONORABLE NEWT L. Speaker of U. S. House; invite to House..........................................................................HR 30 Speaker of U. S. House; invite to joint session..............................................................HR 238
GLASCOCK COUNTY Toombs Judicial Circuit; judges; salary supplement .....................................................SB 462
GLENN MEMORIAL UNITED METHODIST CHURCH Commend...............................................................................................................................HR 61 Commend on 75th anniversary.........................................................................................HR 198
GLENNVILLE ELEMENTARY SCHOOL; commend ............................................HR 128
GLOBAL RESEARCH SYSTEM, INC; commend....................................................HR 181
GODARD, PAULINE; commend.....................................................................................HR 491
GOODRUM, GEORGE M.; commend ............................................................................HR 180

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GOODWILL BAPTIST CHURCH GOSPEL CHOIR; commend.........................HR 275
GORDON, CITY OF; municipal court; amend provisions ...........................................HB 427
GORDON COUNTY Board of commissioners; compensation..................................,........................................HB 775 Probate court judge; nonpartisan election......................................................................HB 753
GOVERNOR Budget report; include multiple-year estimates of revenue and spending projects .....................................................................................HB 334 Communications ..................................................................................Pages 54, 55, 56, 57, 1215 Consumers' utility counsel division of Governor's Office of Consumer Affairs; create...........................................................................................HB 332 Education, State Board; appointment by governor or state school superintendent - CA.................................................................................HR 467 General Assembly; certain vacancies; Governor appoint - CA....................................HR 292 Governor's Council on Developmental Disabilities; create ...........................................SB 239 Inauguration........................................................................................................................Page 17 Joint session; Governor's message......................................................................................HR 15 Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges ...............................................................................HR 16 Joint session; relative to inauguration..................................................................................SR 9 Notify Governor; General Assembly convened...................................................................SR 8 Pardons and Paroles, State Board of; eliminate - CA..................................................HR 569 Reduce appropriations - CA ...............................................................................................HR 24 Term limits; one four-year term - CA...............................................................................HR 28 Term limits; one six-year term - CA .................................................................................HR 27
GRANTS Certain after-school educational programs for at-risk youth .........................................SB 64 Certain federal grants; urge state legislative oversight.................................................HR 381 Charter schools; amend provisions....................................................................................SB 54 Education; grant program targeting at-risk students ....................................................SB 214 Education grants; children of certain military or National Guard members ...............................................................................................SB 247 Institute for Community Business Development; create...............................................SB 404 Institute for Community Economic Development; create............................................HB 739 Local government efficiency grant program; amend provisions..................................HB 553 North Georgia College Reserve Officers' Training Corps; tuition assistance............................................................................................................HB 287 Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority ..............................................................SB 363 Schools and school systems; achievement grants; comprehensive evaluations; regional educational service agencies; disciplinary sanctions ....................................................................................HB 145 Tuition equalization grants; include proprietary institution of higher education......................................................................................SB 100 Tuition equalization grants; proprietary institutions; Nonpublic Postsecondary Education Commission; expand powers........................HB 228
GREAT FLOOD OF 1994 RECOVERY DAY; declare January 31, 1995 ............HR 187
GREATER BETHEL AME CHURCH; commend on 100th anniversary...............HR 109
GREATER PINEY GROVE BAPTIST CHURCH; congratulate..........................HR 651
GREENE COUNTY Board of commissioners; expense reimbursement..........................................................SB 437

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GREENE COUNTY (Continued) Commission districts..........................................................................................................HB 272 Education districts..............................................................................................................HB 275
GREER, JOHN W, JR.; condolences..............................................................................HR 582
GREINER, WENDY MARIE; Miss Cobb County; commend ...................................HR 183
GRIER, REVEREND CLARENCE, JR.; commend ..................................................HR 288
GRIFFIN, INEZ LOVE; condolences..............................................................................TM 219
GRIFFIN-SPALDING COUNTY Charter and Unification Commission; create..................................................................SB 419 School system; commend...................................................................................................HR 548
GRINDLEY, HONORABLE GEORGE H., JR.; communications..............Pages 159, 160
GROGAN, DR. WANDA J.; commend...........................................................................HR 390
GRUENDL, TERI Commend.............................................................................................................................HR 471 Invite to House...................................................................................................................HR 463
GUARDIAN AND WARD Amend provisions; principal and agent; financial power of attorney..........................SB 105 Certain disputes; court appeals ........................................................................................HB 832 Guardians and fiduciaries for beneficiaries of the U. S. Department of Veterans Affairs; compensation ...............................................SB 347 Guardians of minors; standby guardians; appointment................................................HB 750 Guardians of wards and incapacitated adults; counsel and guardian ad litem; prohibition...............................................................................SB 147 Incapacitated adult; delete advanced age provision.......................................................SB 146 Joint Elder Abuse Study Commission; create.................................................................SR 121 Joint Guardianship Study Committee; create ..................................................................SR 77 Legally qualified guardian of minor; personal injury claim.........................................HB 144 Wills and estates; amend provisions..............................................................................HB 1030
GURLEY, HONORABLE JACK L.; commend...........................................................HR 509
GWINNETT COUNTY Joint Study Committee on Pilot Projects in the Gwinnett Judicial Circuit; create.................................................................................HR 384 Lease property.....................................................................................................................SR 226 Poll officers; chief manager's compensation...................................................................HB 636
GWINNETT JUDICIAL CIRCUIT Joint Study Committee on Pilot Projects in the Gwinnett Judicial Circuit; create...................................................................................................HR 384

H

HABEAS CORPUS Amend provisions...............................................................................................................HB 319 Criminal sentences; appellate and habeas corpus review; time limit - CA .................HR 25 Death Penalty Habeas Corpus Reform Act of 1995 ......................................................SB 113 Petition; death sentence; priority.....................................................................................HB 736
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HABERSHAM COUNTY Coroner; compensation.......................................................................................................HB 645 Grant easement....................................................................................................................SR 118 Water and sewerage authority; membership...................................................................SB 467
HAGAN, CITY OF; new charter.......................................................................................HB 741
HAISTEN, THOMAS E.; condolences..............................................................................HR 66
HALE, RANDY; commend ................................................................................................HR 473
HALL, JOHNNY B. AND JOHN HEMBREE, TROOPERS FIRST CLASS, AND CORPORAL BLYTHE BARRIOS; commend .............HR 575
HAMES, MARGIE PITTS; condolences .......................................................................HR 515
HAMRICK, HARRIETTE GLENN; commend...........................................................HR 309
HANDICAPPED PERSONS Absentee elector; redefine; care of disabled person......................................................HB 153 Aged and Disabled Transportation Task Force; recreate ..............................................HR 95 Assistive technology devices; donor or lender; immunity.............................................HB 720 Blind, Division of and Advisory Commission for; create .............................................HB 216 Certain facilities; affix signs..............................................................................................HB 209 Disabled; editorial revisions; public facility accessibility; government-owned vehicles; registration and license plates....................................HB 601 Elections; assisted voter; declaration form .....................................................................HB 400 Family Caregiver Support Act; in-home grants.............................................................HB 587 Georgia Industries for the Blind; amend provisions .....................................................HB 880 Governor's Council on Developmental Disabilities; create ...........................................SB 239 Guardian and ward; certain disputes; court appeals.....................................................HB 832 Handicapped accessible public facilities; compliance with ADAAG standards .................................................................................................HB 653 Homestead exemptions; disabled veterans; killed in combat; spouse and children.........................................................................................HB 357 House Study Committee on Discretionary Trusts for Disabled Beneficiaries; create .......................................................................................HR 521 Individual and Family Support Act of 1995; enact.......................................................HB 262 Joint Elder Abuse Study Commission; create.................................................................SR 121 Joint Subsequent Injury Trust Fund Study Committee; create.................................HR 522 Motorcycles; special license plates for handicapped; special antique plates......................................................................................................SB 438 Olympics and Paralympics; certain imported items; suspend taxation .....................HB 398 Private residences; handicapped accessibility..............................................................HB 1076 Public assistance; vehicles transporting recipients; requirements ..............................HB 499 Special education; students in general program; funding ............................................HB 500 Special license plates; supporting 1996 Paralympic Games in Atlanta ......................SB 263 State schools for deaf and blind; employees in merit system .....................................HB 406 Workers' compensation; coverage; Olympic and Paralympic volunteers ......................SB 17
HANDKE, JENNIFER A.; commend.............................................................................HR 723
HARALSON COUNTY; education districts..................................................................HB 994
HARDY, JACK B.; commend...........................................................................................HR 606
HAROLD G. CLARKE PARKWAY; designate..........................................................HR 437
HARPER, VASHAUN;commend....................................................................................HR 145
HARRIS COUNTY Magistrate court; law library fees ....................................................................................HB 412

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HARRIS COUNTY (Continued) Probate and magistrate judges; nonpartisan...................................................................SB 391 Public improvements authority; create...........................................................................HB 882 Streets and roads authority; create..................................................................................HB 883
HARRIS, JULIAN; commend ..........................................................................................HR 141
HART COUNTY Grant easement....................................................................................................................SR 118 Superior court clerk and probate court judge; compensation...................................HB 1043 Tax commissioner; compensation...................................................................................HB 1044
HARTLINE, W. G.; commend...........................................................................................HR 653
HARTSFIELD, DR. KIRK P.; commend......................................................................HR 659
HARVARD, CHIEF BEVERLY; invite to House.......................................................HR 372
HATCHER, CHRISTOPHER; invite to House............................................................HR 170
HATFIELD, JOE S. Commend.............................................................................................................................HR 168 Commend.............................................................................................................................HR 169
HAUTMAN, DOROTHY; commend...............................................................................HR 596
HAWKINS, GUY AND FLOSSIE; commend .............................................................HR 490
HAYES, MR. BEVERLY B., JR.; condolences............................................................HR 592
HAYS, CARY FRANKLIN, JR.; commend .................................................................HR 498
HAZARDOUS SUBSTANCES Create community loan program......................................................................................HB 388 Hazardous sites; polychlorinated biphenyl; public notification and corrective action.................................................................................HB 818 Hazardous waste sites; authorize state debt for necessary corrective action - CA...................................................................................SR 128 Municipal solid waste disposal facilities; surcharges....................................................HB 735 Richmond County; environmental contamination; collaboration of health effort................................................................................................................HR 461 Richmond County; environmental contamination; urge relocation of residents....................................................................................................HR 460
HAZLEHURST, CITY OF Mayor; amend provisions.................................................................................................HB 1031 Recognize 125th anniversary.............................................................................................HR 699
HEALTH Abuse of dead body; define offense.................................................................................HB 520 Adult residential care homes; provisions........................................................................HB 460 Adult residential homes; change personal care home references..................................HB 92 Aid to dependent children; affidavits regarding paternity; requirements.................................................................................................HB 787 AIDS and HIV impact on health care systems; prepare report..................................HR 374 Alzheimer's disease; disclosure of information; Osteoporosis Prevention and Treatment Education Act; enact..............................HB 558 Amateur boxing promotion; State Boxing Commission authorized to contract with certain nonprofit organizations......................................SB 35 Assisted living facilities; regulation..................................................................................HB 443 Boards of health; members not to be elected officials..................................................HB 113 Certain hospitals; prohibit care to illegal aliens; exceptions .......................................HB 572

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2747

HEALTH (Continued) Certificate of need; home health agencies; exemption................................................HB 1005 Certificate of need; home health care services; exemption ..........................................HB 889 Certificate of need; skilled nursing or intermediate care facilities in certain counties................................................................................HB 1035 Certified Professional Midwifery Act; enact ..................................................................HB 635 Clinical health services; redefine......................................................................................HB 577 Contact lenses; stricter sales guidelines ...........................................................................SB 125 County emergency medical service councils; provisions.................................................HB 65 Elections; early voting provisions.......................................................................................HB 63 Elections; early voting provisions.....................................................................................HB 549 Essential Rural Provider Access Act; enact....................................................................HB 545 Genetic testing; provisions.................................................................................................SB 233 Health Care Act; enact ......................................................................................................HB 205 "Health Care for Rural and Underserved Georgians Day"; recognize.......................HR 163 Health care network; hospital authorities establish......................................................HB 765
Health Code violations; injunction cases filed by Human Resources Department and county boards of health...................................................SB 69
Home care providers and home health agencies; immunity for disclosure of job performance.................................................................................HB 297
Hospitalization for tuberculosis; amend provisions.......................................................HB 454
Hospitals receiving certain funds; open meetings and open records; exemption................................................................................................HB 760
Insurance; child wellaess services.....................................................................................HB 745 Insurance; include bone marrow transplants for treatment
of breast cancer and Hodgkin's disease ..........................!...........................................HB 369 Long-term care ombudsman; amend provisions............................................................HB 557 Medical practice; comprehensive revision of provisions...............................................HB 731 Mental illness; involuntary outpatient or inpatient care;
peer review groups; evaluation of certain health care providers..............................SB 93 Nonresuscitation orders; emergency medical technicians ...............................................SB 55 Nursing homes; employment applicants; criminal record checks ...............................HB 318 Osteoporosis Prevention and Treatment Education Act; enact..................................HB 433
Parkinson's Disease victims; Governor declare 5/20/95 day of recognition...................................................................................................................HR 356
Patient's records; copying and mailing costs..................................................................HB 546 Peer review groups; evaluation of certain health care
providers; liability; confidentiality..................................................................................SB 95 Pronouncement of death; authorize coroner or deputy ................................................HB 508 Psychologists; behavioral and administrative orders; amend provisions ...................HB 726 Public Health, Department and Board of; create .........................................................HB 528 Richmond County; environmental contamination;
collaboration of health effort........................................................................................HR 461 State health planning; definitions; include dialysis
and dialysis centers ........................................................................................................HB 397 State health planning; definitions; include dialysis
and dialysis centers ........................................................................................................HB 715 State health planning; redefine clinical health services ...............................................HB 931 State-wide trauma response system plan; Public Health
Division directed to create.............................................................................................SR 139 Sterilization; physician's explanation; include risks............,.........................................HB 870 Vaccination registry for children; provisions..................................................................HB 844 Vital records services; limitations on fees.......................................................................HB 682
HEALTH INSURANCE Certain coverage; osteoporosis prevention......................................................................HB 432 Certain retired public school and community college employees ...............................HB 183 Child weUnes8services.......................................................................................................HB 745

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HEALTH INSURANCE (Continued) Child wellness services; Life and Health Guaranty Association; scope of coverage.......................................................................................SB 129 Comprehensive Patient Protection Act; enact...............................................................HB 796 Dermatological services......................................................................................................HB 281 Disability income insurance; preexisting condition exclusions or limitations...................................................................................................SB 23 Essential Rural Provider Access Act; enact....................................................................HB 545 Health Care Act; enact ......................................................................................................HB 205 Health care corporations; amend provisions..................................................................HB 669 Health care reform; include mental health care benefits.............................................HR 305 Health; genetic testing provisions.....................................................................................SB 233 House Rural Hospital and Health Care Financing Study Committee; create...........................................................................................................HR 537 Include bone marrow transplants for treatment of breast cancer and Hodgkin's disease.......................................................................................HB 369 Income tax credit; rural health care providers.............................................................HB 1058 Life and Health Insurance Guaranty Association; scope of coverage ........................HB 710 Medical Care Savings Account and Trust Act; enact...................................................HB 980 Osteoporosis Prevention and Treatment Education Act; enact ..................................HB 433 Osteoporosis Prevention and Treatment Education Act; enact; Alzheimer's disease; disclosure of information.......................................HB 558 Preexisting conditions; coverage.......................................................................................HB 676 Requirements.......................................................................................................................HB 616 State employees' health insurance plan; Georgia Housing and Finance Authority ...................................................................................................HB 382 Statement of policy............................................................................................................HB 109 Taxable net income reduction; certain long-term care insurance.............................HB 1048 Women's Access to Health Care Act; enact ...................................................................HB 955
HEARD COUNTY; board of education; nonpartisan ...................................................HB 294
HEARD, L. J. AND IRMA; commend ...........................................................................HR 337
HEARING AND HEARING AIDS (Also, see Handicapped Persons) Direct mail sales; prohibitions........................................................................................HB 1069 Education; state schools for deaf and blind; employees in merit system ..................HB 406
HEATH, CHARLES "CHARLIE" WILEY; condolences .........................................HR 673
HEGSTROM HONORABLE JUNE; communication............................................Page 1422
HEIDEL, LEE;commend...................................................................................................HR 137
HEMBREE, HONORABLE BILL; communication.................................................Page 201
HEMBREE, JOHN AND JOHNNY B. HALL, TROOPERS FIRST CLASS, AND CORPORAL BLYTHE BARRIOS; commend.............HR 575
HENRY COUNTY Ad valorem tax; homestead exemption...........................................................................HB 303 Board of commissioners; amend provisions....................................................................HB 982 Board of commissioners; amend provisions..................................................................HB 1028 Board of elections; provisions............................................................................................SB 402 Development authority; members..................................................................................HB 1016 Homestead exemption; certain residents ........................................................................HB 904 Treasurer; abolish office....................................................................................................HB 307
HENRY MASSEY PAVILION AT POULTRY RESEARCH CENTER Designation by University of Georgia.............................................................................HR 430

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HENSLEY, OTIS L., JR.; condolences...........................................................................HR 503
HENSON, DAVID FREEMAN; commend...................................................................HR 518
HEPBURN, DR. MARY A.; commend ..........................................................................HR 346
HEPHZIBAH, CITY OF Repeal charter; Richmond County; reorganize government ......................................HB 1050 Repeal charter; Richmond County; reorganize government ......................................HB 1055
HICKLEN, ISHMAEL AND LOUISE R.; commend ...............................................HR 652
HIGHWAYS, BRIDGES AND FERRIES Alternative fuel vehicle; income tax credit.....................................................................HB 683 Arthur Langford, Jr., Memorial Parkway; designate.......................................................SR 44 Bartow Gibson Highway; designate portion of State Highway 285............................HR 291 Benson Ham Road; designate...........................................................................................HR 438 "Charles Hardy Parkway"; designate portion of Highway 120 .....................................HR 94 "Charles Hardy Parkway"; designate portion of Highway 120......................................SR 15 Counties and municipalities; certain unused property; disposition.............................SB 161 Department of Transportation; commend.......................................................................SR 214 Domestic motor fuel; sales and use tax and motor fuel tax exemptions ...................HB 961 Excise tax; motor fuel; compressed natural gas.............................................................HB 687 Fleeing or attempting to elude police; felony.................................................................HB 160 Fleeing or attempting to elude police; mandatory penalties; police vehicular pursuit; liability for damage or injury ............................................HB 409 Fleeing or attempting to elude police; penalty ................................................................HB 74 Fulton County and MARTA; convey property ................................................................HR 49 Georgia's Scenic Swamp Route of the Veterans Highway; designate ........................HR 689 Harold G. Clarke Parkway; designate .............................................................................HR 437 Highway 441 in Rabun County; Department of Transportation instructed to construct without divided median.......................................................HR 534 Highway 441 in Rabun County; Department of Transportation instructed to construct without divided median.......................................................HR 535 Highways; maintenance of rights of way by inmates; urge Departments of Corrections and Transportation .........................................................SR 90 Highways; prohibit certain funding .................................................................................HB 376 Highways; vehicle and load width in excess of 16 feet; single-trip emergency permit .........................................................................................SB 318 Hobert L. Brown Bridge; designate....................................................................................SR 67 Inmates; work details; use of leg chains........................................................................HB 1034 J. L. Turner Bridge and William E. "Bill" Ireland Youth Development Campus; designate ....................................................................................SR 12 James Cecil Harper, Jr., Bridge; designate...........................................,.........................HR 276 John R. McKinney Medal of Honor Highway; designate ............................................HR 501 Junkyards; screening or fencing .........................................................................................HB 83 Lake Oconee Parkway; designate.......................................................................................HR 79 Lengths of vehicles and loads; certain loads of wood products; extend ....................HB 511 Littering; fines; prohibit certain local ordinances ..........................................................SB 107 Littering public or private property or waters; penalty ...............................................HB 174 M. L. King, Jr. Drive; designate portion of State Highway 333.................................HR 160 MARTA; board members designate replacement...........................................................SB 370 MARTA; board of directors; compensation ....................................................................SB 310 MARTA security force; failed security; immunity........................................................HB 597 MARTOC; conform certain committee designations.......................................................SR 40 Michael J. Padgett, Sr., Highway; designate portion of State Highway 56.......................................................................................................HR 189 Motor fuel tax; exempt certain dyed fuel oils................................................................HB 510 Motor fuel; transport truck delivery; certain vehicles....................................................HB 39

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2750

INDEX

HIGHWAYS, BRIDGES AND FERRIES (Continued) Motor vehicles; headlights; requirement.......................................................................HB 1067 Motor vehicles on highways; lighted headlights............................................................HB 921 Motor vehicles; use of headsets on motorcycle; maximum speed limits on highways and in certain construction sites........................................SB 48 Nonemergency vans and operators; regulation by Public Service Commission........................................................................................................HB 665 Old Milton County Bridge; designate .............................................................................HR 196 Old Milton Parkway and Old Milton County Bridge; designate ................................HR 195 "Paul E. Nessmith Parkway"; designate portion of U. S. Highway 25 .....................HR 332 Pine Mountain Trail; designate portion in honor of D. Neal Wickham....................HR 261 Private Lucy Matilda Gauss Bridge; designate .............................................................HR 233 Public roads; declaration of policy; amend definition..................................................HB 721 Purple Heart Highway; designate.....................................................................................SR 123 Railroad grade crossings; authority of Department of Transportation....................HB 1068 Riding bicycles on right side of roadway; exceptions ...................................................HB 552 Sales tax; certain motor fuel; exemption........................................................................HB 688 Speed detection device; permit application; speed limit approval ..............................SB 320 Speeding on interstate system; state offense.................................................................HB 532 State parks; dark sky preserves; highways and outdoor advertising signs; lighting..............................................................................................HB 942 Trail of Tears Parkway; designate...................................................................................HR 418 Transportation, Department of; rename certain division Office of Traffic Operations..........................................................................................HB 722 Transportation, State Board of and Georgia Rail Passenger Authority; members' expenses......................................................................................HB 641 Tree trimming permits; fees .............................................................................................HB 718 Truck weights; uniform tolerances among states; urge Federal Highway Administration provide...............,...................................................HR 373 Uniform rules of the road; pedestrian right-of-way; commercial driver's license; disqualification from driving commercial vehicle............................................................................................................HB 70 Vehicle loads; maximum gross weight; certain commodities .......................................HB 490 Vehicles and loads; width over 16 feet; emergency permit..........................................HB 717 Veterans Parkway; designate portion of 1-85....................................................................SR 85 Wade R. Milam, Jr., Bridge; designate...........................................................................HR 304 Wade R. Milam, Jr., Bridge; designate............................................................................SR 132 "Walter E. Cox Parkway"; designate ..............................................................................HR 448 Wildflowers; encourage planting along roads.................................................................HR 307
HILDRETH, JOSEPH BRIAN; commend...................................................................HR 621
HISTORIC CHATTAHOOCHEE COMMISSION Commend on 25th anniversary.........................................................................................HR 444
ROBERT L. BROWN BRIDGE; designate.....................................................................SR 67
HODGE, SHERIFF J. E. (GENE); commend................................................................HR 43
HODGES, CHEATHAM E., JR.; commend..................................................................HR 456
HOLLAND, HONORABLE RAY; communication...................................................Page 504
HOLLOWAY, REVEREND WAYNE; commend .........................................................HR 87
HOMELESS; Youthbuild Program Act; enact.................................................................SB 315
HOMESTEAD EXEMPTION Deceased veterans; certain survivors...............................................................................HB 667 Deceased veterans; certain survivors - CA......................................................................HR 299 Spouse or minor children of certain persons killed in military combat ....................HB 357

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2751

HOPE, MARTHA STORY; commend............................................................................HR 657
HORNSBY, KELLIE ANN; commend..........................................................................HR 489
HOSPITALS AND HEALTH CARE FACILITIES Adult residential homes; change personal care home references..................................HB 92 AIDS and HIV impact on health care systems; prepare report..................................HR 374 Certain hospitals; prohibit care to illegal aliens; exceptions .......................................HB 572 Certain mentally impaired patients; individual monitoring systems; urge...............................................................................................HR 533 Certificate of need; home health agencies; exemption................................................HB 1005 Certificate of need; home health care services; exemption..........................................HB 889 Certificate of need; skilled nursing or intermediate care facilities in certain counties; exemption ...........................................................HB 1035 Clinical health services; redefine......................................................................................HB 577 Denmark Groover, Jr., Hospital; designate......................................................................HR 21 Essential Rural Provider Access Act; enact....................................................................HB 545 Health Care Act; enact ......................................................................................................HB 205 Health care corporations; amend provisions ..................................................................HB 669 Health care network; hospital authorities establish......................................................HB 765 Health care reform; include mental health care benefits.............................................HR 305 Health insurance; certain coverage; osteoporosis prevention.......................................HB 432 Hospitalization for tuberculosis; amend provisions.......................................................HB 454 Hospitals, nursing homes and day care centers; encourage plan for emergencies.......................................................................................................HR 201 Hospitals receiving certain funds; open meetings and open records; exemption ................................................................................................HB 760 House Rural Hospital and Health Care Financing Study Committee; create...........................................................................................................HR 537 Joint Study Committee on Certificate of Need for Health Care Facilities; create......................................................................................................SR 240 Long-term care ombudsman; amend provisions............................................................HB 557 Medical Care Savings Account and Trust Act; enact...................................................HB 980 Mental illness; certain hospitalized minors; discharge..................................................HB 988 Mental illness; involuntary outpatient or inpatient care; peer review groups; evaluation of certain health care providers................................SB 93 Motor vehicle accident insurance claims; certain referrals forafee;prohibit.............................................................................................................SB 369 Nonresuscitation orders; emergency medical technicians ...............................................SB 55 Nursing homes; employment applicants; criminal record checks ...............................HB 318 Osteoporosis Prevention and Treatment Education Act; enact..................................HB 433 Osteoporosis Prevention and Treatment Education Act; enact; Alzheimer's disease; disclosure of information.......................................HB 433 Patient's records; copying and mailing costs..................................................................HB 546 Peer review groups; evaluation of certain health care providers; liability; confidentiality..................................................................................SB 95 Physician's liens; perfecting; applicability......................................................................HB 157 Psychologists; behavioral and administrative orders; amend provisions ...................HB 726 Sexual assault by religious or pastoral counselor; define offense.............................HB 1033 State health planning; definitions; include dialysis and dialysis centers........................................................................................................HB 397 State health planning; definitions; include dialysis and dialysis centers ........................................................................................................HB 715 State health planning; redefine clinical health services ...............................................HB 931 Sterilization; physician's explanation; include risks......................................................HB 870 Vaccination registry for children; provisions..................................................................HB 844 Workers' compensation; Self-insurers Guaranty Trust Fund; amend provisions.................................................................................................HB 579

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2752

INDEX

HOTELS AND MOTELS Excise tax; authorization for county and municipal levies..........................................HB 871 Excise tax; authorized purposes.......................................................................................HB 776 Excise tax; authorize increase...........................................................................................HB 659 Excise tax; county and municipal levies; bike or pedestrian trails.............................HB 975 Excise tax; expenditure requirements.............................................................................HB 419
HOUSE OF REPRESENTATIVES Acree, Renva; invite to House..........................................................................................HR 464 Albany-Dougherty County Day at the Capitol; declare 2/23/95; invite representatives to House.....................................................................HR 321 Alpha Kappa Alpha Sorority, Inc.; invite director and members to House..............HR 265 Anderson, Paul Edward; condolences; invite Glenda Anderson to House ................HR 301 Atkins, Honorable Bill; invite to House..........................................................................HR 427 Atkins, Honorable Bill; resignation.................................................................................Page 57 Baker, Colonel Russell; invite to House..........................................................................HR 152 Bills and resolutions; joint sponsorship ...........................................................................SB 128 Brooks County Trojan Football Team; invite to House.................................................HR 54 Campbell, Mayor Bill; invite to House ...........................................................................HR 120 Cannonville, Town of; commemorate establishment; invite descendants of William Sherman Cannon to House .....................................HR 409 Carrollton High School debate team; invite members and coach to House..............HR 505 Certain federal grants; urge state legislative oversight.................................................HR 381 Certain vacancies; Governor appoint - CA.....................................................................HR 292 Clerk; election.......................................................................................................................Page 7 Clerk; oath of office .............................................................................................................Page 7 Colon, Joe, Jr.; invite to House........................................................................................HR 192 Committee assignments..............................................................................................Pages 47, 63 Cordele-Crisp County Fish Fry; invite spokespersons to House.................................HR 191 Cox, John W., Sr.; invite to House ..................................................................................HR 478 DeLaney, Tom; invite to House.......................................................................................HR 530 Delta Sigma Theta Sorority; invite members to House ...............................................HR 117 Dodge County High School boys' basketball team; invite members and coaches to House ...................................................................................HR 574 Doorkeeper; election.............................................................................................................Page 9 Doorkeepers; Honorable Ward Edwards, Honorable Dick Lane, and assistants; commend ...............................................................................................HR 684 Dunwoody High School fastpitch softball team; invite to House.................................HR 85 Edwards, Corporal Arvid J.; invite to House .................................................................HR 153 Elliott, Mary Sims; invite to House.................................................................................HR 289 Fort Benning; Major General John W. Hendrix; invite to House ..............................HR 371 4-H Day at state capitol; invite winners and president to House ................................HR 89 Foust, Todd Gordon; condolences; invite father, Gordon Foust, to House ................................................................................................HR 150 Fuller, Whitney; invite to House......................................................................................HR 370 General bills increasing taxes or fees; approval - CA...................................................HR 105 General bills increasing taxes or fees; approval - CA ...................................................HR 119 General bills raising revenue; two-thirds vote - CA........................................................HR 51 General bills raising revenue; two-thirds vote required - CA.........................................SR 61 Georgia Commission on the Holocaust; commend; invite Sylvia Wygoda to House................................................................................................HR 415 Georgia Farm Bureau Federation; invite president to House.....................................HR 197 Georgia Junior Miss Scholarship Program; commend; invite Georgia's Junior Miss to House ...................................................................................HR 424
Georgia National Guard Day; declare February 22, 1995; invite Major General Bland to House.........................................................................HR 349
Georgia National Guard Day; declare February 23, 1995; invite Major General Bland to House.........................................................................HR 236

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2753

HOUSE OF REPRESENTATIVES (Continued) Georgia Peach Festival; invite representative to House...............................................HR 318 Georgia Recreation and Parks Association; invite representatives to House ...............................................................................................HR 266 Georgia Women's Intersport Network (GA-WIN); invite members to House..........................................................................................................HR 118 Gingrich, Honorable Newt; Speaker of U. S. House; invite to House .........................HR 30 Gruendl, Teri; invite to House.........................................................................................HR 463 Harvard, Chief Beverly; invite to House ........................................................................HR 372 Hatcher, Christopher; invite to House............................................................................HR 170 Health care reform; include mental health care benefits.............................................HR 305 Housing Affordability Impact Note Act; enact.................................................................SB 97
Hughes, Coach Jim and staff; invite to House................................................................HR 84 Islamic community; commend; invite Imam Plemon El-Amin to House ..................HR 399 Johnson, Lee; invite to House..........................................................................................HR 151 Joint session; Governor's message......................................................................................HR 15
Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges...............................................................................HR 16
Joint session; message from Chief Justice of Supreme Court .......................................HR 17 Joint session; relative to inauguration..................................................................................SR 9
Keep Macon-Bibb Beautiful Commission, city and county officers, and Cherry Blossom Festival Board; invite to House ...............................HR 235
Kendrick High School girls track team; invite to House.............................................HR 267
Krahn, Andrea Claudette; invite to House.....................................................................HR 278 Lane, Honorable Richard G.; invite to House...............................................................HR 320 Lassiter High School marching band; invite to House.................................................HR 115 Lee, Honorable Bill; communication; election of Majority Leader ............................Page 61 Legislative Services Committee; membership..................................................................HB 60
Lewis, William J. "Josh", III; invite to House........".......................................................HR 428 Members-elect; communication from Secretary of State...............................................Page 1 Members-elect; oath of office.............................................................................................Page 5
Mendonsa, Arthur A. (Don); invite to House ................................................................HR 268 Messenger; election..............................................................................................................Page 8 Moore, William J. "Billy"; invite to House....................................................................HR 325 North Georgia College Blue Ridge Rifles; invite to House..........................................HR 466 Notify House; Senate convened............................................................................................SR 6
Notify Senate; House convened .........................................................................................HR 13 Officials, employees, and committees; relative to............................................................HR 14 Public officers and candidates; urge propriety and civility.........................................HR 383 Public Service Commission; election by General Assembly - CA.................................HR 58 Reapportion districts 4, 5, 6, 116, 118, 119, 128, 139, and 141....................................HB 440
Reimbursable expenses; equipment ownership..............................................................HB 235 Republic of South Africa; commend leaders; invite to House.....................................HR 116 Rules; adopt...........................................................................................................................HR 19 Rules; amend.......................................................................................................................HR 123 Rules; amend Rule 52 ..........................................................................................................HR 35
Rules; amend Rule 58 ..........................................................................................................HR 36
Savannah St. Patrick's Day Parade Committee; invite representatives and grand marshal to House.............................................................HR 462
"Save the Children Day"; invite Sally Struthers to House .........................................HR 350
Shaw, Honorable Jay; committee assignment................................................................Page 63
Shaw, Honorable Jay; election; communication from Secretary of State...........................................................................................................Page 61
Shaw, Honorable Jay; oath of office................................................................................Page 62 Sincerity in House; encourage; adopt "Sincerely" as official song .............................HR 326
Skandalakis, Mitch; invite to House ...............................................................................HR 106
Smith, Honorable Willou; communication; election of Republican caucus officers............................................................................................Page 60

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2754

INDEX

HOUSE OF REPRESENTATIVES (Continued) Speaker; election...................................................................................................................Page 5 Speaker Pro Tempore; election..........................................................................................Page 7 Tattnall Square Academy football team; invite to House .............................................HR 86 Tattnall Square Academy softball team; invite members and coaches to House.....................................................................................................HR 465 Term limits - CA ..................................................................................................................HR 10 Term limits - CA ..................................................................................................................HR 33 Term limits - CA ..................................................................................................................HR 97 Term limits - CA ................................................................................................................HR 194 Term limits - CA ................................................................................................................HR 241 Term limits - CA ...................................................................................................................SR 30 Term limits; change term to 4 years - CA........................................................................HR 28 Term limits; change term to 4 years - CA........................................................................HR 93 Term limits; limit terms as Speaker - CA........................................................................HR 34 Terrell Academy Eagle football team; invite to House ................................................HR 114 Thomas County Central High School football team; invite to House .........................HR 65 Travel expenses and per diem; urge exclusion from income for purposes of federal income tax and social security.............................................HR 264
HOUSING (See Buildings and Housing)
HOUSTON COUNTY; elections; amend provisions ......................................................SB 193
HUDLEY, GERALDINE W.; commend........................................................................HR 656
HUDSON, JON AND TEENCARE; commend.............................................................HR 45
HUGHES, COACH JIM AND STAFF; invite to House.............................................HR 84
HUMAN RESOURCES, DEPARTMENT OF AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility.............................................................................................HB 570 Blind, Division of and Advisory Commission for; create .............................................HB 216 Certain adoptions; remove limitation on financial assistance .....................................HB 253 Certified Professional Midwifery Act; enact ..................................................................HB 635 Essential Rural Provider Access Act; enact....................................................................HB 545 Georgia Industries for the Blind; amend provisions.....................................................HB 880 Health Code violations; injunction cases filed by Human Resources Department and county boards of health...................................................SB 69 Individual and Family Support Act of 1995; enact.......................................................HB 262 Private schools; auxiliary child care; licensing...............................................................HB 536 Public assistance; LEARNFARE pilot program; school attendance required.........................................................................................................SB 298 Public Health, Department and Board of; create .........................................................HB 528 Satellite DUI alcohol or drug use risk reduction programs.........................................HB 582 State-wide trauma response system plan; Public Health Division directed to create.............................................................................................SR 139 Vaccination registry for children; provisions..................................................................HB 844
HUNTING (Also, see Game and Fish) Certain violations; suspension of privileges....................................................................HB 584 Game and fish; amend provisions....................................................................................HB 277 Hunting wildlife in state park; approved weaponry......................................................HB 200 Hunting wildlife; nontoxic shot; provision for use ........................................................HB 274 Hunting wildlife; prohibit steel-jaw traps and leg-hold traps ...................................HB 1064 Wildlife management area; required clothing during deer season..............................HB 991

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2755

I
IANNICELLI, DR. JOSEPH; commend.......................................................................HR 426
ILA, CITY OF; mayor and council; terms.......................................................................HB 674
INCOME TAX AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility .............................................................................................HB 570 Annual adjustments; Consumer Price Index....................................................................HB 14 Annual adjustments; Consumer Price Index....................................................................HB 31 Appropriation and expenditure of state funds; revise procedures - CA........................HR 2 Certain corporations; amend provisions............................................................................HB 36 Corporate income apportionment; change method .........................................................HB 50 Corporate income; gross receipts; calculation ..................................................................HB 37 Credit; alternative fuel vehicle .........................................................................................HB 683 Credit; business and manufacturing facilities; amend provisions...............................HB 336 Credit; certain disaster assistance....................................................................................HB 316 Credit; certain federal pension income..............................................................................HB 29 Credit; certain military income ......................................................................................HB 1081 Credit; donations; qualified charitable organization.....................................................HB 681 Credit; health care provider; volunteer services ............................................................HB 847 Credit; household and dependent care expenses...............................................................HB 4 Credit; low income; revise provisions................................................................................HB 35 Credit; physicians providing certain care.........................................................,..............HB 418 Credit; rural health care providers.................................................................................HB 1058 Credit; rural physicians......................................................................................................HB 524 Deductions; statistical surveys..........................................................................................HB 900 Delinquencies and refunds; interest..................................................................................HB 16 Exemptions and standard deductions; increase...............................................................HB 51 Exemptions and standard deductions; increase...............................................................HB 52 Federal pension income; certain tax refund...................................................................HB 243 Federal pension income; claims for certain tax refunds...................................................HB 3 Federal pensions; agreement with federal office............................................................HB 462 Federal pension withholdings; claim for credit................................................................HB 71 Federal Retiree Refund Act; enact ....................................................................................HB 90 Food Sales Tax Credit Act of 1995; enact ......................................................................HB 445 Food Sales Tax Credit Act of 1995; enact......................................................................HB 448 Gradual reduction and abolishment ..................................................................................HB 21 Gradual reduction and abolishment ..................................................................................HB 44 Least developed counties; job tax credit.........................................................................HB 643 Medical Care Savings Account and Trust Act; enact...................................................HB 980 National sales tax to replace federal income tax; urge Congress impose ..................HR 240 Payment by credit card or debit card...............................................................................HB 79 Personal exemptions; increase ..............................................................................................HB 1 Personal exemptions; increase ..............................................................................................HB 2 Pro-family Tax Equity Act of 1996; enact........................................................................HB 13 Property Tax Credit Act of 1995; enact............................................................................HB 38 Retirement income exclusion ............................................................................................HB 232 Retirement Pay Tax Refund Act of 1995; enact .............................................................HB 32 School Property Tax Credit Act of 1995; enact...........................................................HB 1074 State legislators; travel expenses and per diem; urge exclusion from income for purposes of federal income tax and social security.....................HR 264 Taxable net income reduction; certain long-term care insurance.............................HB 1048 Taxable net income reduction; certain retirement contributions .............................HB 1049
INDEMNIFICATION Amend provisions; include certain National Guard members......................................SB 353 National Guard; law enforcement duty...........................................................................HB 505 Payments; death or disability...........................................................................................HB 564

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2756

INDEX

INDIGENT (See Social Services)
INDUSTRY, TRADE AND TOURISM, DEPARTMENT OF Elevators, dumbwaiters, escalators, manlifts, and moving walks; violations; penalties ............................................................................................HB 269 Welcome centers; install automated teller machines and cash-dispensing machines..............................................................................................HB 147
INFECTIOUS DISEASES AIDS and HIV impact on health care systems; prepare report..................................HR 374 AIDS confidential information; disclosure to coroner ..................................................HB 268 Sex education and AIDS instruction; limitations..........................................................HB 711
INITIATIVE PETITION Elections; filing dates; write-in candidates; notice of intent and drug testing provisions...........................................................................SB 148 Initiative petition process - CA............................................................................................HR 3 Initiative petition process - CA............................................................................................HR 6 Initiative petition process - CA............................................................................................HR 9 Initiative petition process - CA..........................................................................................HR 31 Initiative petition process - CA..........................................................................................HR 83 Initiative petition process - CA..........................................................................................HR 99 Initiative petition process - CA.............................................................................................SR 4
INSECTS Beekeepers; permit to kill certain bears .........................................................................HB 804 House Fire Ant Study Committee; create ......................................................................HR 239
INSURANCE Adjuster; definition; exclude salaried employee of insurer...........................................SB 207 Adjuster; redefine.................................................................................................................HB 47 Adverse underwriting decision; redefine .........................................................................HB 405 Agents, subagents, counselors, and adjusters; licensing services; costs...................................................................................................................HB 626 Amend provisions................................................................................................................SB 129 Appointed county officers; insurance and employment benefits................................HB 491 Arbitration; medical malpractice claims; amend provisions ..........................................HB 78 Capital stock or surplus; revise requirements................................................................HB 431 Certain instruments; nonprobate transfer; nontestamentary ......................................HB 117 Comprehensive Patient Protection Act; enact...............................................................HB 796 Counties; employment benefits; exclude certain elected officials...............................HB 356 County employees and elected officials; prohibit cash payment in lieu of insurance and other benefits........................................................SB 226 Credit; nonrecording or nonfiling and vendors' single interest...................................HB 330 Credit; nonrecording or nonfiling and vendors' single interest....................................SB 185 Definition of agent, subagent, counselor, or adjuster; exclude certain personnel .................................................................................................SB 45 Disability income; preexisting condition; exclusions or Umitations......................................................................................................................SB 23 Enforcement of provisions; flagrant violations..............................................................HB 725 Fair Access to Insurance Requirements Plan; provisions .............................................SB 289 Health and liability; statement of poh\y........................................................................HB 109 Health Care Act; enact ......................................................................................................HB 205 Health care corporations; amend provisions ..................................................................HB 669 Health care reform; include mental health care benefits.............................................HR 305 Health; certain coverage; osteoporosis prevention.........................................................HB 432 Health; certain retired public school and community college employees ..................HB 183 Health; child welhiess services..........................................................................................HB 745 Health; dermatological services ........................................................................................HB 281

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INDEX

2757

INSURANCE (Continued) Health; genetic testing provisions.....................................................................................SB 233 Health; include bone marrow transplants for treatment of breast cancer and Hodgkin's disease....................................................HB 369 Health; preexisting conditions; coverage.........................................................................HB 676 Health; requirements..........................................................................................................HB 616 Insurance corporations; certain employees investing insurer's funds; prohibitions; corporations; insurable interest in employees .........................SB 332 Insurance premium finance agreement; amend provisions ..........................................HB 375 Insurers; liquidation; legal actions against receivers.....................................................HB 841 Insurers; record keeping equipment; consider as assets ...............................................HB 595 Life and Health Insurance Guaranty Association; scope of coverage........................HB 710 Life; premium tax reduction ...........................................................................................HB 1009 Material acquisitions or disposition; reports..................................................................HB 709 Medicaid recipients; reimbursement from estates; urge repeal.....................................HR 22 Medical Care Savings Account and Trust Act; enact...................................................HB 980 Motor vehicle accident insurance claims; certain referrals for a fee; prohibit.............................................................................................SB 369 Motor vehicle; cancellation; dishonored check.................................................................HB 49 Motor vehicle; cancellation; dishonored check................................................................SB 238 Motor vehicle; cancellation; notice.....................................................................................HB 48 Motor vehicle; nonrenewal; prohibitions.........................................................................HB 421 Motor vehicle; premium reductions.................................................................................HB 362 Motor vehicles; self-insurance; cash deposits .................................................................HB 677 Physicians' assistants; additional duties .........................................................................HB 285 Premium; redefine; cancellation; nonrenewal....................................................................SB 51 Premium; redefine; penalty for certain cancellation .......................................................HB 46 Premium taxes; proceeds ...................................................................................................HB 550 Producer controlled property and casualty insurers; redefine control.......................HB 708 Professional Employer Organization Act; enact ............................................................HB 555 Reimbursement of medical benefits; setoffs...................................................................HB 568 Retirement systems; investments; delete requirement.................................................HB 589 Risk-based capital levels; provisions................................................................................HB 838 Sovereign immunity; waiver; liability............................................................................HB 1077 Special Insurance Fraud Fund; create .............................................................................SB 208 Special Insurance Fraud Fund; establish........................................................................HB 599 Surplus line brokers; amend provisions............................................................................HB 41 Title; provisions..................................................................................................................HB 540 Torts; certain manufacturers; product liability insurance .........................................HB 1097 Unfair and deceptive practices; certain rates...................................................................HB 42 Women's Access to Health Care Act; enact ...................................................................HB 955 Workers' compensation; assigned risk insurance plan..................................................HB 884 Workers' compensation; assigned risk plan; certain provisions ...................................SB 326 Workers' compensation benefits; penalty for obtaining falsely.....................................HB 66 Workers' compensation; corporate exemptions; subrogation; fraud and compliance unit; mediator; payment of penalties....................................SB 323 Workers' compensation; corporate exemptions, subrogation, penalties, fraud; amend provisions; Workers' Compensation Truth in Advertising Act; enact...................................................................................HB 596 Workers' compensation; coverage for Olympic volunteers...........................................HB 106
Workers' compensation; coverage; Olympic and Paralympic volunteers......................SB 17
Workers' compensation; group self-insurance fund; certificate of authority ...................................................................................................HB 411
Workers' compensation; group self-insurance funds; definitions................................HB 410
Workers' compensation; group self-insurance funds; extensive revision of provisions.....................................................................................SB 286
Workers' compensation; group self-insurance funds; similar businesses ...................HB 649

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2758

INDEX

INSURANCE (Continued) Workers' compensation; group self-insurance funds; surety bonds ............................HB 541 Workers' compensation; Self-insurers Guaranty Trust Fund; amend provisions.................................................................................................HB 579 Workers' compensation; temporary help contracting firm or employee leasing company; statutory employer.....................................................SB 331
INTANGIBLE TAX Certain sales and use tax; increase rate............................................................................HB 82 Exempt notes secured by private residence...................................................................HB 647 Intangible personal property tax; amend provisions.....................................................HB 891 Intangible personal property tax; repeal; remove certain recordation limitation...........................................................................................HB 6 Intangible recording tax on long-term notes secured by real estate ...........................SB 224 Intangible recording tax; remove certain maximum limitation.......................................HB 8 Personal property; change certain rate provisions ............................................................HB 9 Personal property; rate provisions; certain recordation limitation.................................HB 5 Personal property; repeal......................................................................................................HB 7 Personal property; repeal....................................................................................................HB 12 Personal property; repeal..................................................................................................HB 270
INTEREST AND USURY Business development corporations; interest on loans...............................................HB 1078 Interest on certain bankruptcy claims .............................................................................SB 408
INTERNATIONAL FOREST CENTER; recognize establishment.........................HR 502
INTERNATIONAL LONGSHOREMEN'S ASSOCIATION LOCAL 1414; commend.................................................................................................HR 660
IRWIN COUNTY; board of commissioners; compensation..........................................HB 210
ISAKSON, HONORABLE JOHNNY; communications ...............................Pages 159,160
ISLAMIC COMMUNITY Commend; invite Imam Plemon El-Amin to House .....................................................HR 399

J. L. TURNER BRIDGE AND WILLIAM E. "BILL" IRELAND YOUTH DEVELOPMENT CAMPUS; designate...............................SR 12
JACKSON, CATHERINE W.; commend......................................................................HR 225
JACKSON, CITY OF Butts County, cities of Flovilla, Jackson, and Jenkinsburg; water and sewer authority; bond maturities.......................................HB 302
JACKSON, GLENN A, SR.; commend.........................................................................HR 182
JAILS Commission of crime while incarcerated; sentencing......................................................HB 25 Crime victims; notification; custodial release or bail hearing........................................HB 54 Crimes and offenses; commission of crime by convicted felon through use of firearm; riot in a penal institution ............................................HB 87 Criminal procedure; conviction of crime committed while in prison; consecutive service of sentence....................................................................SB 406
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2759

JAILS (Continued) Incarceration costs; inmates reimburse...........................................................................HB 650 Inmate medical expenses; repayment; redefine detention facility ..............................HB 757 Inmate medical services; liability; redefine detention facility.....................................HB 758 Inmate Reimbursement to Counties and Municipalities Act; enact.........................HB 1072 Inmate Reimbursement to Counties and Municipalities Act; enact ...........................SB 222 Inmates; outdoor work during inclement weather.......................................................HB 1086 Inmates; work details; use of leg chains........................................................................HB 1034 Jail officers and juvenile correctional officers; training requirement.........................HB 444 Pretrial proceedings; incarceration in another county ..................................................HB 347 Prisons; inmate space sharing of cells.............................................................................HB 518 Regional jail authorities; create........................................................................................HB 345 Regional jail authorities; funds for contracts; authorize ..............................................HB 348 Revenue bonds; redefine undertaking; include jails......................................................HB 349 Riot in a penal institution; define offense......................................................................HB 916 Special county 1% sales tax; regional jails.....................................................................HB 346
JAKIN, TOWN OF; centennial celebration; commend.................................................HR 638
JAMES CECIL HARPER, JR., BRIDGE; designate................................................HR 276
JAMES, WILLIAM DUNCAN AND AMIE CELESTINE THORNTON 75th family reunion; honor descendants.........................................................................HR 406
JAMIESON, HONORABLE JEANNETTE; communication ...............................Page 524
JAPAN; participation in 1996 Olympics; commend........................................................HR 678
JEFFERSON COUNTY; chief deputy magistrate; compensation .............................HB 957
JENKINS, DAVID W.; commend ...................................................................................HR 627
JENKINS, HOMER CURTIS; commend .....................................................................HR 722
JENKINSBURG, CITY OF Butts County, cities of Flovilla, Jackson, and Jenkinsburg; water and sewer authority; bond maturities.......................................HB 302
JOHN R. MCKINNEY MEDAL OF HONOR HIGHWAY; designate ................HR 501
"JOHNNY MERCER DAY" IN GEORGIA; declare April 19, 1995......................HR 435
JOHNSON, COLONEL DEWEY WILCOX, SR.; condolences...............................HR 674
JOHNSON, LEE Commend.............................................................................................................................HR 126 Invite to House...................................................................................................................HR 151
JOHNSTON, ELIZABETH AND SMITH; commend..............................................HR 380
JOHNSTON, HONORABLE RALPH; communication..........................................Page 841
JONES COUNTY Board of commissioners; reconstitute..............................................................................HB 965 Board of education; districts.............................................................................................HB 964 Board of elections and registration; create...................................................................HB 1037
JONES GROVE BAPTIST CHURCH; 115th anniversary; commend....................HR 272
JORDAN, G. GUNBY; condolences..................................................................................HR 42
JORDAN, JULIE;commend.............................................................................................HR 690
JOYNER, WILLIAM R, "BILLY"; commend............................................................HR 164

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2760

INDEX

JUDGES Appellate courts; assistance; provisions ...........................................................................SB 279 Assistant district attorneys; retain number; removal of judge ....................................HB 231 Criminal procedure; mentally incompetent to stand trial; provisions for hearing and commitment......................................................................SB 160 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 661 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 666 Death Penalty Habeas Corpus Reform Act of 1995 ......................................................SB 113 Divorce and alimony; determination by judge - CA .....................................................HR 328 Failure to appear in court; execution hearing; time period .........................................HB 926 Judges of the Probate Courts Retirement; secretarytreasurer's benefit...........................................................................................................HB 896 Judges of the Probate Courts Retirement; spouse's option.......................................HB 1015 Judges, solicitors, district attorneys; additional qualification.....................................HB 700 Juvenile court; judge pro tempore appointment; include state court judge ................................................................................................SB 141 Juvenile court judges; training seminars; certification ..................................................SB 292 Juvenile proceedings; venue; amend provisions .............................................................HB 176 Municipal court judges; residency requirement.............................................................HB 301 New judgeships; salary supplements; legal ads............................................................HB 1065 Probate Judges Training Council; name change; certain probate judges; compensation.......................................................................................HB 248 Probation; detention centers and diversion centers; certain confinement.........................................................................................................SB 230 State Commission on Judicial Compensation; General Assembly create by law - CA...........................................................................................SR 97 Superior Court Judges Retirement; amend provisions .................................................HB 506 Superior Court Judges Retirement; creditable service; juvenile court judge........................................................................................................HB 213 Trial Judges and Solicitors Retirement; certain contributions ...................................HB 306 Trial Judges and Solicitors Retirement; delete certain reference...............................HB 782 Trial Judges and Solicitors Retirement; spousal benefits ............................................HB 743 Trials; grounds for continuance; party presiding in another court...............................HB 67
JUDGMENTS; civil cases; court costs and attorney's fees...........................................HB 159
JUDICIAL CIRCUITS Alcovy; add judge................................................................................................................HB 934 Alcovy; add judge................................................................................................................SB 278 Alcovy, Augusta, Cobb, Conasauga, Coweta, Macon, Northern, Ogeechee, Piedmont, and Western; add judges.........................................................HB 236 Alcovy; judges; supplement.............................................................................................HB 1023 Alcovy; judges; supplement................................................................................................SB 466 Assistant district attorneys; additional appointments; crime victims' advocate..................................................................................................HB 178 Assistant district attorneys; retain number; removal of judge....................................HB 231 Augusta; add judge..............................................................................................................SB 325 Cobb; add judge....................................................................................................................HB 45 Cobb; addjudge...................................................................................................................SB 264 Cobb; chief judge; additional salary supplement............................................................SB 475 Cobb; investigators and assistant district attorneys.....................................................HB 985 Cobb; investigators and assistant district attorneys; compensation...........................HB 949 Conasauga; add judge.........................................................................................................HB 310 Conasauga; add judge..........................................................................................................SB 221 District attorneys; travel expenses; reimbursement......................................................HB 966 Fayette;create.....................................................................................................................HB 486 Grand juries; presentments of preceding grand jury ....................................................HB 912

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2761

JUDICIAL CIRCUITS (Continued) Joint Study Committee on Pilot Projects in the Cobb Judicial Circuit; create...................................................................................................HR 260 Joint Study Committee on Pilot Projects in the Douglas Judicial Circuit; create....................................,..........,....................................................SR 274 Joint Study Committee on Pilot Projects in the Gwinnett Judicial Circuit; create...................................................................................................HR 384 Juvenile proceedings; venue; amend provisions.............................................................HB 176 Lookout Mountain; court reporters; salary.....................................................................HB 821 Municipal court judges; residency requirement.............................................................HB 301 New judgeships; salary supplements; legal ads............................................................HB 1065 Northern; add judge...........................................................................................................HB 863 Ogeechee; add judge...........................................................................................................HB 899 Piedmont; add judge..........................................................................................................HB 802 Stone Mountain; judges; increase supplement...............................................................HB 823 Toombs; judges; salary supplement..................................................................................SB 462 Western; add judge..............................................................................................................SB 306
JUNKYARDS; screening or fencing...................................................................................HB 83
JURIES Amend provisions; change of venue to obtain impartial jury; alternative dispute resolution in divorce or alimony cases.............................HB 704 Certain misdemeanors; court render judgment without jury - CA.............................HR 330 Civil cases; juries of six; General Assembly prescribe - CA.........................................HR 329 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 661 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 666 Exempt persons over age 65.............................................................................................HB 296 Government agency; party in trial; instructions..............................................................HB 28 Grand juries; district attorney's office; inspection........................................................HB 742 Grand juries; presentments of preceding grand jury....................................................HB 912 Jury Power Restoration Act; enact..................................................................................HB 259 Murder charge; condition of bail; prohibit contact with juror ....................................HB 103
JUVENILE PROCEEDINGS Adjudicatory hearings; amend provisions..........................................................................SB 30 Alternative Schools and Reeducation Act; enact...........................................................HB 149 Certain cases; public access................................................................................................SB 156 Certain counties; prohibit bond issuance; exception.....................................................HB 843 Certain nonresidents; jurisdiction over disposition........................................................SB 410 Child charged with certain offenses; publication of name or picture ........................HB 360 Condition of probation; passing average in school........................................................HB 719 Corrections, Department of; create special school district for certain incarcerated youth........................................................................HB 436 Corrections, Department of; create special school district for certain incarcerated youth .........................................................................SB 228 Courts and juvenile courts; family violence; unruly child; child custody; amend provisions........................................................................HB 498 Delinquent or unruly child; court-ordered directives...................................................HB 222 House Interagency Collaboration in Services to Youth Study Committee; create...............................................................................................HR 545 Judicial seminars; certain youth confinement; Corrections Department....................SB 229 Juvenile court; child within jurisdiction; counseling........................................................SB 77 Juvenile court; dead docketed cases..............................................................................HB 1003 Juvenile court; judge pro tempore appointment; include state court judge..............................................................................................................SB 141 Juvenile court judges; training seminars; certification ..................................................SB 292 Juvenile courts; delinquency proceedings; records; hearings.......................................HB 502

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INDEX

JUVENILE PROCEEDINGS (Continued) Juvenile law enforcement records; inspection by school officials ...............................HB 226 Juvenile proceedings and parental rights; extensive revision......................................HB 737 Juveniles; certain assault or battery charges; superior court jurisdiction.............................................................................................................HB 446 Juveniles in detention; court ordered child support.....................................................HB 554 Superior Court Judges Retirement; creditable service; juvenile court judge........................................................................................................HB 213 Termination of parental rights; time limit on issuance of order ................................HB 495 Transfer certain cases from superior court.....................................................................HB 515 24-hour supervision during probation .............................................................................HB 504 Unruly child; supervision fees...........................................................................................HB 607 Venue; amend provisions...................................................................................................HB 176 William E. "Bill" Ireland Youth Development Campus; designate ...........................HR 262 William E. "Bill" Ireland Youth Development Campus and J. L. Turner Bridge; designate..............................................................................HR 262

K
KAMENSKY, HARRY; condolences ................................................................................HR 44 KAYE, HONORABLE MITCHELL; communication..............................................Page 381 KEMP, ANDREW C.; commend ......................................................................................HR 629 KENDRICK HIGH SCHOOL GIRLS TRACK TEAM; invite to House............HR 267 KENNESAW, CITY OF; restate corporate limits.........................................................HB 986 KEPPLER, STEPHEN D.; commend.............................................................................HR 542 KEY, ALONZO; compensate................................................................................................HR 80 KILGORE, BILL; commend .............................................................................................HR 607 KILLUM, EDNA F.; commend ........................................................................................HR 605 KIMBRO, STACIE MARIE; commend...........................................................................HR 71 KING, LAVASKY TOMMY RAMON; condolences..................................................HR 512 KING, MARTIN LUTHER, JR.; prayer breakfast; commend..................................HR 110 KINGSMORE, HAROLD D. AND GRANITEVILLE
COMPANY; commend.....................................................................................................HR 449 KINSEY, DANIEL R.; commend ....................................................................................HR 636 KNIGHT, BILL; commend................................................................................................HR 402 KRAHN, ANDREA CLAUDETTE; invite to House .................................................HR 278 KRIEST, DR. DONALD EVAN; commend .................................................................HR 597

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L

LABOR AND INDUSTRIAL RELATIONS Aid to dependent children; employment of principal wage-earner; prohibit denial of assistance..................................................................HB 784 Amusement and carnival rides; amend provisions........................................................HB 271 Boilers and pressure vessels; amend provisions .............................................................HB 267 Boilers and pressure vessels; safety requirements; exempt autoclaves ......................HB 321 Employer immunity for disclosure of job performance; include banks, licensed home care providers, home health agencies, savings and loan associations, and credit unions.......................................................HB 297 Employment security; domestic employees; annual reports........................................HB 618 Employment security; State-wide Reserve Ratio..........................................................HB 263 Employment security; temporary help contracting firms.............................................HB 240 Labor, Department of; certain employees; unclassified service; merit system......................................................................................................HB 261 Labor, Department of; supplemental appropriation; Unemployment Trust Fund ......................................................................................................................HB 164 Labor organizations; nonmember representation; fair share agreement....................HB 668 Persons with disabilities; editorial revisions; public facility accessibility; government-owned vehicles; registration and license plates............................................................................................................HB 601 Physician's liens; perfecting; applicability......................................................................HB 157 Professional Employer Organization Act; enact............................................................HB 555 Termination of employment; prohibitions; waiver ........................................................HB 795 Torts; sexual harassment; right of action.......................................................................HB 560 Unemployment benefits; liability of succeeding employers .........................................HB 131 Unemployment benefits; liability of succeeding employers .........................................HB 132 Unemployment benefits; liability of succeeding employers; reemployment services...................................................................................................HB 260 Unemployment compensation; entitlement; early retirement.....................................HB 367 Workers' compensation; assigned risk insurance plan..................................................HB 884 Workers' compensation; assigned risk plan; certain provisions ...................................SB 326 Workers' compensation benefits; penalty for obtaining falsely.....................................HB 66 Workers' compensation; corporate exemptions; subrogation; fraud and compliance unit; mediator; payment of penalties....................................SB 323 Workers' compensation; corporate exemptions, subrogation, penalties, fraud; amend provisions; Workers' Compensation Truth in Advertising Act; enact...................................................................................HB 596 Workers' compensation; coverage for Olympic volunteers...........................................HB 106 Workers' compensation; coverage; Olympic and Paralympic volunteers......................SB 17 Workers' compensation; group self-insurance fund; certificate of authority ......................................................................................................................HB 411 Workers' compensation; group self-insurance funds; definitions................................HB 410 Workers' compensation; group self-insurance funds; extensive revision of provisions.....................................................................................SB 286 Workers' compensation; group self-insurance funds; similar businesses ...................HB 649 Workers' compensation; group self-insurance funds; surety bonds ............................HB 541 Workers' compensation; Self-insurers Guaranty Trust Fund; amend provisions.....................................................................................................--....HB 579 Workers' compensation; temporary help contracting firm or employee leasing company; statutory employer..........................................................SB 331
LACY, DR. WILLIAM J.; commend..............................................................................HR 639
LAKE CITY COMMUNITY ASSOCIATION; commend.......................................HR 681
LAKE OCONEE PARKWAY; designate.........................................................................HR 79
LAKEVIEW-FORT OGLETHORPE HIGH SCHOOL Boys' bastetball team; commend..............................................................................--.....HR 715 Girls' basketball team; commend.................................................................--..--.....HR 724

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INDEX

LAMAR COUNTY Probate court judge; jurisdiction......................................................................................HB 639 Probate court judge; nonpartisan election......................................................................HB 527
LAND (See Property)
LANDLORD AND TENANT Dispossessory proceedings; tenant at sufferance...........................................................HB 381 Housing authorities; demand for possession and lease termination notice ..........................................................................................................HB 258 Notice to prospective tenant of previous flooding ........................................................HB 167 Torts; rental dwellings; lead poisoning; liability............................................................HB 585
LANE, HONORABLE DICK; assistant doorkeeper of House; commend ...............HR 684
LANE, HONORABLE RICHARD G.; invite to House .............................................HR 320
LANE, SUE; commend........................................................................................................HR 125
LASSITER HIGH SCHOOL MARCHING BAND; invite to House....................HR 115
LAURENS COUNTY Board of education; districts..............................................................................................SB 463 Grant easement....................................................................................................................SR 118
LAW ENFORCEMENT OFFICERS AND AGENCIES Abandoned motor vehicles; procedures for reporting...................................................HB 185 Accelerant detection dog; penalty for destroying or injuring......................................HB 655 Brady Handgun Violence Protection Act; firearms dealers comply with provisions..................................................................................................HB 513 Commissioner of public safety; chief law enforcement officer for Olympics........................................................................................................HB 740 Complaints against officers; processing...........................................................................HB 115 County or municipal police departments; use of nomenclature..................................HB 713 Courts and juvenile courts; family violence; unruly child, child custody; amend provisions...................................................................................HB 498 Courts; certain fines; victim assistance; superior court clerks; additional fees; automated property record system.......................................SB 114 Crime Victims' Bill of Rights; enact................................................................................HB 170 Criminal history records; consent for release.................................................................HB 712 Criminal record checks; nursing home employment applicants..................................HB 318 Department of Public Safety Nomenclature Act of 1995; enact; Georgia Bureau of Investigation Nomenclature Act of 1995; enact .......................HB 212 Emergency and police vehicles; colored flashing lights................................................HB 234 Employees' Retirement; Georgia Bureau of Investigation narcotics agents; membership .......................................................................................HB 450 Employees' Retirement; Georgia Bureau of Investigation narcotics agents; prior service credit...........................................................................HB 449 Family violence; amend report provisions; State Commission on Family Violence; membership..................................................................................SB 115 Felon Identification and Police Safety Act; enact...........................................................HB 27 Firearms; possession, purchases, dealers, background checks, regulation; amend provisions .........................................................................................SB 58 Fleeing or attempting to elude police; felony.................................................................HB 160 Fleeing or attempting to elude police; mandatory penalties; police vehicular pursuit; liability for damage or injury............................................HB 409 Fleeing or attempting to elude police; penalty................................................................HB 74 Georgia Bureau of Investigation; investigative subpoenas; documentary evidence....................................................................................................HB 192

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2765

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) Georgia Crime Information Center; certain criminal history records; public access.....................................................................................................HB 314 Housing authority police; provisions...............................................................................HB 101 Indemnification; amend provisions; include certain National Guard members................................................................................................................SB 353 Indemnification payments; death or disability ..............................................................HB 564 Jail officers and juvenile correctional officers; training requirement.........................HB 444 Law enforcement communications; statewide 800 MHZ radio system; relative to...........................................................................................................HR 468 Law enforcement; immediate investigation; missing Alzheimer's patient .................HB 634 Merit system; redefine working test period; length of period for certain Uniform Division employees..........................................................SB 204 National Guard; indemnification; law enforcement duty.............................................HB 505 Peace Officer and Prosecutor Training Fund; annual disbursement..........................SB 155 Peace Officers' Annuity and Benefit; disability benefits; cessation ...........................HB 958 Peace Officers' Annuity and Benefit; employment less than 40hoursaweek.............................................................................................................HB 1047 Peace officers; define; include certain county probation officers................................HB 455 Personal property in custody of law enforcement agency; certain sales in lots.........................................................................................................HB 480 Professions and businesses; licensing; amend provisions; state examining board investigators; membership in Peace Officers' Annuity and Benefit Fund............................................................................HB 326 Public Safety, Department of; create Auxiliary Service within Uniform Division.............................................................................................................SB 206 Public Safety, Department of; Uniform Division; age requirement...........................HB 714 Residence in high crime area; financing.........................................................................HB 429 Revenue, Department of; certain special agents; retain weapon and badge after 25 years of service...............................................................................SB 394 Service of process and returns; sheriff or deputy..........................................................HB 366 State Patrol; certain officers; retain badge after 25 years of service ..........................SB 287 Vehicular pursuit of person fleeing from police; liability for damage or injury .......................................................................................................HB 457
LAWRENCE, HAROLD; commend................................................................................HR 487
LAWRENCEVILLE, CITY OF; deannex property.....................................................HB 936
"LAWRENCEVILLE PUBLIC SCHOOLS CENTENNIAL YEAR" Designate 1995 ....................................................................................................................HR 113
LEAGUE OF WOMEN VOTERS OF GEORGIA Commend on 75th anniversary............................................................................,............HR 220
LECKIE, DARYL; commend .............................................................................,..............HR 635
LEDBETTER, JAMES G.; commend.............................................................................HR 474
LEE COUNTY; utilities authority; amend provisions ...................................................HB 525
LEE COUNTY ALL STARS 1994 DIXIE YOUTH BASEBALL TEAM; commend.......................................................,.............................HR 716
LEE, HONORABLE BILL; communication.................................................................Page 61
LEE, NELSON LEWIS; commend..................................................................................HR 166
LEE, ROBERT AND STEPHEN STANLEY; commend ........................................HR 617
LEESBURG, CITY OF Corporate boundaries .......................................................................................................HB 1017 Mayor and council; salary.................................................................................................HB 920

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INDEX

LEGAL ADVERTISING Counties; bond elections; advertisement provisions......................................................HB 417 Judicial sales; legal ads; statutory rates..........................................................................HB 581 Pardons and paroles; certain investigation; publication of notice............................HB 1059 Personal property in custody of law enforcement agency; certain sales in lots.........................................................................................................HB 480
LEGISLATIVE COUNSEL; communications............................................Pages 64, 158, 160
LESSARD, MOST REVEREND RAYMOND WILLIAM; commend.................HR 433
LEWIS, WILLIAM J. "JOSH", III; invite to House..................................................HR 428
LEXINGTON, CITY OF; mayor and council; terms ....................................................HB 853
LIABILITY AND LIABILITY INSURANCE Arbitration; medical malpractice claims; amend provisions ..........................................HB 78 Assistive technology devices; donor or lender; immunity.............................................HB 720 Bovine professionals engaged in bovine activities; liability .........................................HB 565 Certified Professional Midwifery Act; enact..................................................................HB 635 Conviction of innocent persons; remedies.........................................................................HB 24 Corporations; amend provisions.......................................................................................HB 670 Crime Victims' Bill of Rights; enact................................................................................HB 170 Crimes and offenses; use of force in defense of habitat...............................................HB 359 Educators; discipline of students.....................................................................................HB 134 Employer immunity for disclosure of job performance; include banks, licensed home care providers, home health agencies, savings and loan associations, and credit unions.......................................................HB 297 Fair Access to Insurance Requirements Plan; provisions .............................................SB 289 Fleeing or attempting to elude police officer; mandatory penalties; police vehicular pursuit; liability for damage or injury..........................HB 409 Hospitalization for tuberculosis; amend provisions.......................................................HB 454 Housing authorities; officers and employees; immunity...............................................HB 390 Income tax credit; physicians providing certain care....................................................HB 418 Insurance; statement of policy..........................................................................................HB 109 Insurers; liquidation; legal actions against receivers.....................................................HB 841 Landlord and tenant; notice to prospective tenant of previous flooding ..................HB 167 Legally qualified guardian of minor; personal injury claim.........................................HB 144 Limited liability partnerships; provisions.......................................................................HB 563 Llama activities; sponsors and professionals; civil liabiUtyUmitation............................................................................................................SB 187 Local Governmental Responsibility in Operation of Vehicles Act; enact.........................................................................................................HB 196 Long-term care ombudsman; amend provisions............................................................HB 557 MARTA security force; failed security; immunity ........................................................HB 597 Mental illness; certain hospitalized minors; discharge..................................................HB 988 Nursing homes; employment applicants; criminal record checks ...............................HB 318 Physicians' assistants; additional duties.........................................................................HB 285 Regional jail authorities; create........................................................................................HB 345 Risk-based capital levels; provisions................................................................................HB 838 Southern Regional Emergency Management Compact; enact......................................SB 387 Sovereign immunity; waiver............................................................................................HB 1077 Torts; certain good faith actions; liability ......................................................................HB 530 Torts; certain malicious acts by minor; liability of parents..........................................SB 255 Torts; certain manufacturers; product liability insurance .........................................HB 1097 Torts; certain prescription medication overdose; liability............................................HB 320 Torts; counties, municipalities, school districts; sovereign immunity........................HB 881 Torts; rental dwellings; lead poisoning; liability............................................................HB 585
LIBERTY COUNTY; convey property ............................................................................SR 119

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2767

LIBRARIES Rosa M. Tarbutton Memorial Library; designate.........................................................HR 161 State Museum and State Library Study Commission; recreate..................................HR 122
LICENSE PLATES AND REGISTRATION Antique motor vehicle; license plate; year of manufacture..........................................HB 408 Government-owned vehicles; 5-year registration and license plates...........................HB 601 Motor carrier of property; flat-rate ad valorem tax; one-time license plate fee..............................................................................................HB 733 Motor carriers of property or persons; amend provisions............................................HB 609 Motor vehicle registration; county of real property ownership...................................HB 105 Motor vehicle registration; staggered over 4-month or 12-month period..................HB 379 Motor vehicle registration; staggered over 4-month or 12-month period..................HB 487 Motor vehicle registration; staggered over 4-month or 12-month period...................SB 280 Motor vehicle registration; staggered over 12-month period.......................................HB 237 Motor vehicle registration; staggered over 12-month period.......................................HB 238 Motor vehicle registration; staggered over 12-month period.......................................HB 352 Motor vehicle registration; staggered over 12-month period.......................................HB 538 Motor vehicle rentals; fixed rental fee............................................................................HB 797 Motor vehicles; amend provisions relating to DUI; seat belt requirements and curfew for minors ......................................................................SB 79 Motor Vehicles, Department and commissioner of; create..........................................HB 488 Motor vehicles; licensing and registration deadlines.....................................................HB 542 Motor vehicles; licensing of certain trucks...................................................................HB 1090 Motor vehicles; replacement license plate or decal; permanent license plates for certain trailers..............................................................HB 571 Motorcycles; special license plates for handicapped; special antique plates......................................................................................................SB 438 Replacement plates or decals; sworn affidavit...............................................................HB 628 Special license plates; commemorate Georgia wildflowers...........................................HB 189 Special license plates; Georgia Patriot............................................................................HB 860 Special license plates; Pearl Harbor veterans; repeal additional fee..........................HB 522 Special license plates; Pilot International.......................................................................HB 861 Special license plates; Prince Hall Masons...................................................................HB 1080 Special license plates; retired reservists...........................................................................SB 411 Special license plates; Rotary International members..................................................HB 463 Special license plates; Sons of the Confederate Veterans............................................HB 862 Special license plates; supporting 1996 Paralympic Games in Atlanta ......................SB 263 Special license plates; U. S. Army Reservists retain after retiring..............................SB 346 Special license plates; wildlife conservation fund...........................................................SB 205 Special license plates; World War II Eighth Air Force veterans............,....................SB 203
LICENSES (Also, see Named License) Amateur boxing promotion; State Boxing Commission; authorized to contract with certain nonprofit organizations......................................SB 35 Aquatic Plant Control Act; enact.....................................................................................HB 156 Auctioneers; amend provisions.........................................................................................HB 779 Barbers; operation of mobile barbershops......................................................................HB 614 Barbershops; provisions; number of apprentices...........................................................HB 822 Brewpub; provisions...........................................................................................................HB 374 Child support; noncompliance; limit issuance of business license...............................SB 227 Chiropractors; Board of Examiners; examinations; temporary licenses......................SB 367 Commercial crabbing; provisions......................................................................................HB 264 Commercial driver's instruction permit; amend provisions .........................................HB 305 Commercial driver's license; disqualification from driving commercial motor vehicle................................................................................................HB 70 Commercial driver's license; disqualification from driving commercial motor vehicle............................................................................................--SB 288

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INDEX

LICENSES (Also, see Named License) (Continued) Conditioned air contractor; certain license; time for applying....................................HB 911 Counties and municipalities; taxes and license fees; grounds forrefund.........................................................................................................................HB 441 Credit insurance; nonrecording or nonfiling and vendors' single interest..................................................................................................................HB 330 Credit insurance; nonrecording or nonfiling and vendors' single interest...................................................................................................................SB 185 Dating Service Act of 1995; enact....................................................................................HB 166 Distinctive driver's license; "DUI offender"...................................................................HB 203 Driver training instructors; certain exemption..............................................................HB 187 Driver's license; certain exemption; DUI alcohol and drug use risk reduction; satellite programs..................................................................................SB 250 Driver's license; Classes C and M; reduce fees ..............................................................HB 150 Driver's license; conviction records; assessment of points...........................................HB 289 Driver's license; distinguishable markings for DUI conviction ....................................SB 211 Driver's license; false information; sanctions.................................................................HB 256 Driver's license; filing of convictions; suspension on points; reinstatement fee...............................................................................................HB 255 Driver's license; name or address change; notification.................................................HB 438 Driver's license; personal identification card; cancellation andUmitation..................................................................................................................HB 254 Driver's license; redefine resident....................................................................................HB 519 Driver's license; replacement provisions.........................................................................HB 146 Driver's license suspension; minor's noncompliance with certain education requirements .......................................................................................SB 98 Driver's license; test requirement; certain exemption...................................................HB 188 Driving under the influence; second offense; marked driver's license .......................HB 135 Felon Identification and Police Safety Act; enact...........................................................HB 27 Financial institutions; amend provisions .........................................................................SB 103 Fireworks; storage; magazine license.............................................................................HB 1014 Funeral directors and embalmers; continuing education.............................................HB 100 Game and fish; amend provisions ....................................................................................HB 277 General Contractors, State Licensing Board; create.......................................................HB 91 Insurance adjuster; definition; exclude salaried employee of insurer .........................SB 207 Insurance agents, subagents, counselors, and adjusters; licensing services; costs..................................................................................................HB 626 Insurance; agents, subagents, counselors, or adjusters ..................................................SB 129 Insurance; redefine adjuster................................................................................................HB 47 Licensed public accountants; provisions .........................................................................HB 703 Low-voltage electrical contractors; requirement..........................................................HB 1066 Marriage and family therapists; requirements................................................................SB 188 Medical practice; comprehensive revision of provisions...............................................HB 731 Motor vehicles; licensing and registration deadlines.....................................................HB 542 Nursing home administrator; provisional license ..........................................................HB 280 Occupational Therapy, State Board of; add auditory integration training.........................................................................................................HB 162 Pawnbrokers; provisions..................................................................................................HB 1032 Pilots and pilotage; amend; docking pilots; provisions.................................................HB 732 Pilots and pilotage; amend provisions.............................................................................HB 489 Practical nurse licensed in another state; provisions....................................................HB 395
Private detective and security agencies; alarm systems regulation ............................HB 424
Private schools; auxiliary child care................................................................................HB 536
Professional counselors; include addiction counseling................................................HB 1082
Professional counselors, social workers, marriage and family therapists; certain licensees; mental and physical examination..............................HB 273
Professional Employer Organization Act; enact ............................................................HB 555

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2769

LICENSES (Also, see Named License) (Continued) Professional engineers and land surveyors; continuing education; construction contractors; define plumbing..............................................HB 471 Professions and businesses; amend provisions...............................................................HB 326 Raffles; tax-exempt organizations; provisions................................................................HB 456 Real estate appraisers, brokers, and salespersons; amend provisions; property management services .................................................................HB 344 Real estate brokers and salespersons; amend provisions .............................................HB 343 Registered nurse; reinstatement.......................................................................................HB 924 State Construction Industry Licensing Board; continuing education ..........................HB 77 State examining boards; tests; certain credit.................................................................HB 778 Torts; counties, municipalities, school districts; sovereign immunity........................HB 881 Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, State Board of; provisions..............................................................................HB 335
LIENS AND MORTGAGES Abandoned motor vehicles; lien foreclosure; attorney's fees ..........................................SB 87 Counties and municipalities; sanitation collection services; certain regulation............................................................................................HB 723 Intangible recording tax on long-term notes secured by real estate ...........................SB 224 Lender Self-referral Act; enact.........................................................................................HB 727 Liens of persons without privity of contract; contractor's notice of commencement ..................................................................................................SB 50 Liens; preliminary notice; copy to contractor and owner.............................................HB 960 Motor vehicles; certificate of title; dealer application..................................................HB 184 Motor vehicles; foreclosure sale; deficiency judgment..................................................HB 744 Motor vehicles; security interest; rental price adjustment...........................................HB 466 Physician's liens; perfecting; applicability......................................................................HB 157 Property; duly filed mortgage; constructive notice to purchaser.................................SB 243 Real estate appraisers, brokers, and salespersons; amend provisions; property management services .................................................................HB 344 Real estate brokers and salespersons; licensing; amend provisions............................HB 343 Real property; eligibility for homestead exemptions; notification..............................HB 608 Tax sales; judicial in rem tax foreclosure; provisions....................................................SB 338 Watercraft; certificate of title; provisions.....................................................................HB 1045
LIEUTENANT GOVERNOR Communications.....................................................................................................Pages 159, 161 Inauguration........................................................................................................................Page 17 Joint session; relative to inauguration..................................................................................SR 9
LIFE INSURANCE Child support; include coverage on one or both parents ..............................................SB 423 Life and Health Insurance Guaranty Association; scope of coverage ........................HB 710 Life and Health Insurance Guaranty Association; scope of coverage .........................SB 129 Premium tax reduction ....................................................................................................HB 1009
LIFE, MITCHELL J.; commend......................................................................................HR 295
LIMOUSINE CARRIERS Certificated limousine carrier; commission permitted chauffeurs..............................HB 820
LINCOLN COUNTY; Toombs Judicial Circuit; judges; salary supplement..............SB 462
LITHIA SPRINGS, CITY OF Include in Douglas County community improvement districts.................................HB 1057
LITTER Anti-litter pledge; urge elementary school program......................................................HR 439

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INDEX

LITTER (Continued) Littering; fines; prohibit certain local ordinances ..........................................................SB 107 Littering public or private property or waters; penalty...............................................HB 174
LIVESTOCK Bovine professionals engaged in bovine activities; liability .........................................HB 565
LIVINGSTON, DR. BOB; commend..............................................................................HR 445
LLAMA ACTIVITIES Sponsors and professionals; civil liability limitation .....................................................SB 187
LOANS Business development corporations; interest ...............................................................HB 1078 Lender Self-referral Act; enact.........................................................................................HB 727
LOBBYING Campaign contributions; disclosure; political action committees; lobbyists; prohibitions................................................................................HB 40 Local government employee; exemption.........................................................................HB 152
LOCAL GOVERNMENT (Also, see Counties or Municipalities) Additional county; authorize creation - CA ...................................................................HR 322 Annexation; unincorporated islands; preclearance ........................................................HB 543 Appointed county officers; insurance and employment benefits ................................HB 491 Appropriation and expenditure of state funds; revise procedures - CA........................HR 2 Business and manufacturing facilities; tax credits; amend provisions .......................HB 336 Business and occupation taxes; amend provisions ........................................................HB 168 Business and occupation taxes; amend provisions ........................................................HB 230 Business and occupation taxes; amend provisions........................................................HB 282 Business and occupation taxes; extensive revision of provisions................................HB 175 Campaign contributions; prohibitions .............................................................................HB 864 Certain development impact fees; exemption ..................................................................HB 64 Civil War commemorative facilities; preserve................................................................HB 573 Contracts for regional facilities; limitations ....................................................................SB 126 Counties and municipalities; independent school system; moratorium on annexation..........................................................................................HB 1083 Counties and municipalities; sanitation collection services; certain regulation ............................................................................................HB 723 Counties; bond elections; advertisement provisions......................................................HB 417 Counties; employment benefits; exclude certain elected officials...............................HB 356 County boards of commissioners; reapportioning procedure.......................................HB 600 County emergency medical service councils; provisions .................................................HB 65 County employees and officials; prohibit cash payment in lieu of insurance and other benefits ........................................................................SB 226 County executive or judicial officers and employees; insurance and retirement benefits ...............................................................................HB 217 County officers; compensation provisions.......................................................................HB 654 County officers; defense of actions in lieu of insurance; employment of attorneys...............................................................................................HB 605 Development authorities; additional powers ..................................................................HB 363 Development authorities; local government official or employee as director; audited financial statements ...................................................SB 132 Elections Code; conform to repeal of National Voter Registration Act of 1993; annexation; correct cross-reference.................................HB 962 Elections; early voting provisions.......................................................................................HB 63 Elections; early voting provisions.....................................................................................HB 549 Georgia Future Communities Commission; create........................................................HR 324 Impact fiscal notes; comprehensive revisions.................................................................HB 772

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INDEX

2771

LOCAL GOVERNMENT (Also, see Counties or Municipalities) (Continued) Local enterprise zones; creation; General Assembly provide by general law - CA........................................................................................................HR 157 Local Governmental Responsibility in Operation of Vehicles Act; enact.........................................................................................................................HB 196 Local Government Authorities Registration Act; enact................................................HB 250 Local government efficiency grant program; amend provisions...................................HB 553 Local Government Fiscal Impact Act; enact...................................................................SB 216 Local government impact fiscal notes; amend provisions; municipalities; service of process ..................................................................................SB 134 Municipal charter commissions; create.............................................................................HB 23 Municipal corporations; merger........................................................................................HB 364 Municipal court judges; residency requirement.............................................................HB 301 Municipal court jurisdiction; simple assault and simple battery................................HB 300 Municipal courts; jurisdiction...........................................................................................HB 658 Municipal elections; qualifying fees; date; time.............................................................HB 351 Private graveyards; prohibit development......................................................................HB 391 Public works contracts; certain counties; equal opportunity provisions....................HB 358 Revenue bonds; redefine undertaking; include jails......................................................HB 349 State parks; dark sky preserves; highways and outdoor advertising signs; lighting..............................................................................................HB 942 Telecommunications; unincorporated areas; utility tax................................................HB 452 Zoning; reconsideration of defeated actions; time limitation .......................................SB 215
LOGAN, ROBERT F.; commend......................................................................................HR 204
LOGANVILLE HIGH SCHOOL BOYS' VARSITY BASKETBALL TEAM; commend ..............................................................................HR 561
LONG, GLEN O.; commend ..............................................................................................HR 451
LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Court reporters; salary.......................................................................................................HB 821
LORD, HONORABLE JIMMY; communications ........................................Pages 58, 59, 60
LOTTERY Age for ticket purchasing; drawing time prohibition..................................................HB 1087 Education; construction reserve trust fund; program weights; certain salaries.................................................................................................................HB 129 Fidelity fund provisions......................................................................................................SB 400 HOPE scholarship; extend to private college students ..................................................HB 69 HOPE scholarship for home schooled children; qualifications .....................................HB 68 HOPE scholarship for home study programs; qualifications.......................................HB 842 HOPE scholarship program; additional eligibility..........................................................HB 88 House Lottery Retailers Study Committee; create .......................................................HR 536 Proceeds; allocate 10% to local boards of education - CA..........................................HR 212 Proceeds; allocate 20% to local school systems - CA...................................................HR 190 Proceeds; change net proceeds percentage.....................................................................HB 521 Raffles; tax-exempt organizations; provisions................................................................HB 456 Redefine major procurement contract.............................................................................HB 325
LOVE, BRAD; commend ....................................................................................................HR 144
LOVEJOY HIGH SCHOOL; commend.........................................................................HR 124
LOVEJOY MIDDLE SCHOOL; commend ..................................................................HR 130
LOVITKY, BERNIE AND THE KINGDOM OF TONGA; commend................HR 702
LOWNDES COUNTY; state court solicitor; private practice.....................................HB 637

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2772

INDEX

LUCAS, MAUD ESTELLE HARRIS JOYNER; commend...................................HR 671
LUMPKIN, CITY OF; corporate limits..........................................................................HB 738
LUMPKIN COUNTY Board of commissioners; create.........................................................................................SB 167 Education districts..............................................................................................................SB 166 Homestead exemption; certain residents........................................................................HB 826

M

M. L. KING, JR. DRIVE; designate portion of State Highway 333 ..........................HR 160
MACKEY, MARY;commend............................................................................................HR 221
MACON, CITY OF Keep Macon-Bibb Beautiful Commission, city and county officers, and Cherry Blossom Festival Board; invite to House ...............................HR 235 Macon-Bibb County Transit Authority; composition of board...................................HB 932
MACON COUNTY; board of education; compensation ...............................................HB 956
MACON .JUDICIAL CIRCUIT; add judge..................................................................HB 236
MADISON, CITY OF Alcoholic beverages; repeal sales by drink in restaurants and clubs..........................HB 517
MADRAY, RICHARD; commend ...................................................................................HR 405
MAGISTRATE COURTS Civil claims; monetary jurisdiction ..................................................................................HB 469 Judgments exceeding $3500; discovery procedures .......................................................HB 580 Magistrates; minimum compensation; computation......................................................HB 468 When to exercise certain jurisdiction..............................................................................HB 470
MAINOR,TOM;commend................................................................................................HR 364
MALT BEVERAGES (See Alcoholic Beverages and Alcoholism)
MANN, GARY E.; commend.............................................................................................HR 475
MANUFACTURING APPRECIATION WEEK AT THE CAPITOL; recognize .............................................................................................HR 251
MARIETTA, CITY OF Cobb County-Marietta Water Authority; membership .................................................SB 328 Deannex certain area..........................................................................................................SB 450
MARIJUANA Controlled substances and dangerous drugs; amend list..............................................HB 342 Driving under the influence; blood alcohol concentration..............................................SB 66 Illegal drugs; urge Congress to declare war....................................................................HR 259 Reverse drug distributors and drug researchers; registration......................................HB 611 State personnel administration; applicant for employment; drug test requirement .......................................................................................................SB 22 Trafficking sentences; prohibit furloughs, pardons, paroles; exception .....................HB 494
MARKETS Agriculture, Commissioner of; solicit contributions for Farmers and Consumers Market Bulletin ...................................................................SB 374
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2773

MARKETS (Continued) Cooperative marketing associations; amend provisions................................................HB 125 Farmers' markets; signs, misting equipment, composting facilities..........................HB 1024 Vidalia onion marketing; amend provisions...................................................................HB 208
MARLOW, BRANDON; commend .................................................................................HR 143
MARLOWE, JAMES H.; commend ................................................................................HR 544
MARRIAGE (See Domestic Relations)
MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Board members; designate replacement...........................................................................SB 370 Board of directors; compensation .....................................................................................SB 310 Fulton County and MARTA; convey property................................................................HR 49 Local sales tax; maximum percent; exempt MARTA...................................................HB 693 MARTOC; conform certain committee designations.......................................................SR 40 Security force; failed security; immunity........................................................................HB 597
MARTHA BERRY DAY; declare October 7, 1995 .......................................................SR 169
MARTIN LUTHER KING, JR. HOLIDAY OBSERVANCE AT THE SHILOH BAPTIST CHURCH; commend ...............................................HR 91
MARTIN, RACHAEL; commend ....................................................................................HR 148
MASS TRANSPORTATION Fulton County and MARTA; convey property................................................................HR 49 MARTA; board members designate replacement...........................................................SB 370 MARTA; board of directors; compensation ....................................................................SB 310 MARTA security force; failed security; immunity........................................................HB 597 MARTOC; conform certain committee designations.......................................................SR 40 Rail Passenger Authority; expense and travel allowances...........................................HB 777 Regional and state-wide transportation plans; approval..............................................HB 716 State employees; payroll deductions; mass transit benefit and nonprofit associations.............................................................................................HB 473 Transportation, State Board and Georgia Rail Passenger Authority; members' expenses ......................................................................................HB 641
MATTHEWS, GRADY AND GERALD; commend...................................................HR 666
MAULDIN, ARCHIE THOMAS; honor.........................................,.............................HR 414
MAYNARD, THELMA KENDRICK; condolences....................................................HR 223
MCCALLUM, CHARLES; commend .............................................................................HR 562
MCCANHAM, FRANK A.; commend ............................................................................HR 547
MCCLESKEY, R. DAVID; commend ............................................................................HR 476
MCCRAY, SUSIE; commend......................................................................................,.....HR 616
MCDONALD, LLOYD; commend...................................................................................HR 670
MCDUFFIE COUNTY Toombs Judicial Circuit; judges; salary supplement .....................................................SB 462
MCINTOSH COUNTY; grant easement.........................................................................SR 118
MCKINLEY, CHARLIE E., IV; commend...................................................................HR 624
MCKINLEY, ROKITA AND DETRAVION GILBERT; condolences ................HR 725
MCKINNEY, REVEREND ARNOLD; commend......................................................HR 175

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2774

INDEX

MCWHORTER, HONORABLE HAMILTON, JR. Best wishes for a speedy recovery....................................................................................HR 111
MEDICAL ASSISTANCE, DEPARTMENT OF AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility.............................................................................................HB 570 Aid to dependent children; means-tested programs; statistical summaries......................................................................................................HB 783 Correctional Medical Services Panel; create..................................................................HB 968 Essential Rural Provider Access Act; enact....................................................................HB 545 Family Caregiver Support Act; in-home grants.............................................................HB 587 Health care network; hospital authorities establish......................................................HB 765 Hospitals receiving certain funds; open meetings and open records; exemption................................................................................................HB 760 Law enforcement; immediate investigation; missing Alzheimer's patient .................HB 634 Nonemergency vans and operators; regulation by Public Service Commission........................................................................................................HB 665 Special Insurance Fraud Fund; provisions; health insurance; amend provisions; genetic testing; prohibitions.........................................................HB 616
MEETINGS Hospitals receiving certain funds; open meetings; exemption.....................................HB 760
MENDONSA, ARTHUR A. (DON) Commend.............................................................................................................................HR 244 Invite to House...................................................................................................................HR 268
MENTAL HEALTH Abuse of incompetent persons; hearsay statements......................................................HB 368 Adult residential care homes; provisions........................................................................HB 460 Alcoholics and drug dependent persons; restrict methadone dosages........................HB 839 Assisted living facilities; regulation..................................................................................HB 443 Certain mentally impaired patients; individual monitoring systems; urge...................................................................................................................HR 533 Community service boards; fund allocations..................................................................HB 878 Criminal procedure; mental incompetency; certain transfers; discovery in felony cases................................................................................................HB 627 Criminal procedure; mentally incompetent to stand trial; provisions for hearing and commitment ......................................................................SB 160 Elections; early voting provisions.......................................................................................HB 63 Elections; early voting provisions.....................................................................................HB 549 Evidence; privileged communications to, between, and among mental health care providers .........................................................................................SB 223 Health care reform; include mental health care benefits.............................................HR 305 Insanity or mental incompetency plea; mentally retarded; redefine..........................HB 206 Mental illness; certain hospitalized minors; discharge..................................................HB 988 Mental illness; involuntary outpatient or inpatient care; peer review groups; evaluation of certain health care providers................................SB 93 Principal and agent; financial power of attorney; guardian and ward; amend provisions ..........................................................................................SB 105 Psychologists; behavioral and administrative orders; amend provisions ...................HB 726 Sexual assault by religious or pastoral counselor; define offense .............................HB 1033
MERIT SYSTEM (Also, see State Employees or State Government) Classified service; certain Department of Transportation employees........................HB 623 Classified service; grievance system; political activities ................................................SB 133 Education; state schools for deaf and blind; employees in merit system..................HB 406 Family and Children Services Division; certain payroll deductions...........................HB 927 Grievance system; amend provisions ...............................................................................HB 481

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INDEX

2775

MERIT SYSTEM (Also, see State Employees or State Government) (Continued) National Guard called to active service; certain rights ................................................HB 464 Redefine working test period; length of period for certain Uniform Division employees ..........................................................................................SB 204 State employees; common salary increase date; relative to.........................................HR 387 State employees' health insurance plan; Georgia Housing and Finance Authority...........................................................................................................HB 382 State employees; payroll deductions; mass transit benefit and nonprofit associations.....................................................................................................HB 473 State employees; waiver of certain overtime compensation.........................................HB 387 Unclassified service; certain Labor Department personnel..........................................HB 261 Urge recruiting from Georgia's colleges and universities.............................................HR 581 Wage incentive payments..................................................................................................HB 214
MESIMER, ERIC R.; commend.......................................................................................HR 450
METROPOLITAN ATLANTA CHAPTERS OF THE LINKS, INC.; commend..................................................................................................HR 441
MICHAEL J. PADGETT, SR. HIGHWAY Designate portion of State Highway 56 ..........................................................................HR 189
MILES, MARTHA; commend...........................................................................................HR 442
MILES, PEYTON;commend............................................................................................HR 675
MILITARY AFFAIRS Assisted living facilities; regulation..................................................................................HB 443 Divorce; U. S. service personnel; residency and venue - CA.......................................HR 101 Emergency and police vehicles; colored flashing lights................................................HB 234 Employees' Retirement; certain military service credit................................................HB 245 Employees' Retirement; creditable service; certain military service ..........................HB 657 Guardians and fiduciaries for beneficiaries of the U. S. Department of Veterans Affairs; compensation ...............................................SB 347 Homestead exemption; deceased veterans; certain survivors......................................HB 667 Income tax credit; certain military income ..................................................................HB 1081 James H. "Sloppy" Floyd Veterans Memorial Building; permanent display; commend World War II veterans................................................HR 55 Local governments; Civil War commemorative facilities; preserve.............................HB 573 Military action authorized by United Nations; urge Congress not participate................................................................................................HR 188 Military duty; reemployment rights in private industry...............................................SB 299 National Guard called to active service; certain rights................................................HB 464 National Guard member called into active service; reemployment rights .................SB 354 North Georgia College Reserve Officers' Training Corps; tuition assistance............................................................................................................HB 287 Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority...........................................SB 363 Southern Regional Emergency Management Compact; enact......................................SB 387 Special license plates; U. S. Army Reservists retain after retiring..............................SB 346 State and local facilities; flags displayed on Veterans Day; include POW-MIA fiag............................................................................................SB 25 24th Infantry Division (Mechanized) at Fort Stewart; urge United States Army not change designation.....................................................HR 411 Veterans service field office manager; armed service requirement.............................HB 179
MILLEDGEVILLE, CITY OF; convey property.........................................................HR 334
MILLS, CHARLES; commend .........................................................................................HR 247
MILLS, HONORABLE JAMES; communications .......................................Pages 381, 1396

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2776

INDEX

MINORS Academic subject-based education; prohibit outcome-based methods.......................HB 420 Adoption; judicial challenge; time limitation..................................................................SB 307 Adoption; prohibit sale of child by parent or guardian ................................................SB 130
Aid to dependent children; AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility; employment of principal wage-earner .........................................................................HB 570
Aid to dependent children; AFDC recipients; repeal provisions; amend provisions........................................................................................HB 461
Aid to dependent children; affidavits regarding paternity; requirements.................................................................................................HB 787
Aid to dependent children; automated fingerprint matching system; provisions .........................................................................................HB 512
Aid to dependent children; employment of principal wage-earner; prohibit denial of assistance..................................................................HB 784
Aid to dependent children; means-tested programs; statistical summaries......................................................................................................HB 783
Aid to dependent children; public assistance recipients; certain disqualification...................................................................................................HB 786
Aid to dependent children; public assistance recipients; required residence...........................................................................................................HB 785
Aid to dependent children; redefine assistance; terminate money payments...........................................................................................HB 788
Aid to dependent children; Work First Program; medicaid eligibility ......................HB 353
Alimony or child support; certain violation; confinement in diversion center...............................................................................................................SB 7
Alternative Schools and Reeducation Act; enact...........................................................HB 149 Certain adoptions; remove limitation on financial assistance .....................................HB 253 Certain assault or battery charges; superior court jurisdiction...................................HB 446
Certain counties; prohibit bond issuance; exception.....................................................HB 843
Certain crimes against children; pretrial discovery; depositions of physicians...............................................................................................HB 290
Certain hospitals; prohibit care to illegal aliens; exceptions .......................................HB 572 Child charged with certain offenses; publication of name or picture ........................HB 360 Child custody; visitation rights; noncustodial parents...................................................SB 246 Child support; include life insurance on one or both parents......................................SB 423
Child support; revise method of calculation.....................................................................HB 72 Children and Youth Services, Department of; contributions ......................................HB 646 Children; reckless endangerment; define offense...........................................................HB 648
Collaborative effort to improve character of Georgia's youth; recommend..........................................................................................................HR 165
Contributing to delinquency, unruliness, deprivation, or endangerment of minor; redefine offense ...............................................................SB 159
Corrections, Department of; create special school district for certain incarcerated youth......................................................................................HB 436
Corrections, Department of; create special school district for certain incarcerated youth.......................................................................................SB 228
Courts and juvenile courts; family violence; unruly child; child custody; amend provisions...................................................................................HB 498
Delinquent or unruly child; court-ordered directives ...................................................HB 222
Deprivation; penalties for contributing to.......................................................................SB 396 Domestic violence; court-monitored intervention program;
counseling program for certain inmates.......................................................................SB 157
Driver's license; certain exemption; DUI alcohol and drug use risk reduction; satellite programs .................................................................SB 250
Driver's license issued to minor; valid to age 21 ..............................................................SB 34
Driver's license suspension; minor's noncompliance with certain education requirements .......................................................................................SB 98

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2777

MINORS (Continued) Driving under the influence; endangering a child; notice of conviction....................HB 496 Eddie Eagle Gun Safety Program; urge school systems adopt; commend National Rifle Association on development.............................................HR 293 Education; certain curriculum-based assessment; suspend..........................................HB 901 Education; certificated personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures.........................................................................................................SB 281 Education; curriculum-based assessment; availability of results to students and parents ..................................................................................SB 11 Education; curriculum-based assessment; calculators and computers .......................HB 632 Education; driver's education provision; program weights ..........................................HB 404 Education; drug testing of students...............................................................................HB 1004 Education grants; children of certain military or National Guard members................................................................................................................SB 247 Education; parental authority; provisions.......................................................................HB 752 Educators; discipline of students; liability.....................................................................HB 134 Evidence; certain statements made by child; child abuse; provisions; define sexual abuse.....................................................................................HB 155 Failure to restrain child by seat belt; penalty ...............................................................HB 701 Family violence; victim notification upon release on bail; victim information statement ........................................................................................SB 209 Fireworks; storage; magazine license.............................................................................HB 1014 Guardian and ward; certain disputes; court appeals.....................................................HB 832 Guardians of minors; standby guardians; appointment................................................HB 750 Health insurance; child wellness services........................................................................HB 745 Hearsay; certain statements made by child; admissibility............................................SB 124 HOPE scholarship; extend to private college students ..................................................HB 69 HOPE scholarship for home schooled children; qualifications .....................................HB 68 HOPE scholarship for home study programs; qualifications.......................................HB 842 HOPE scholarship program; additional eligibility ..........................................................HB 88 House Interagency Collaboration in Services to Youth Study Committee; create ...............................................................................................HR 545 House Prevention of Driving Under the Influence by Young Drivers Study Committee; create....................................................................HR 369 Insurance; child wellness services; motor vehicle premium reductions for certain students......................................................................................SB 129 Jail officers and juvenile correctional officers; training requirement.........................HB 444 Joint Interagency Collaboration in Services to Youth Study Committee; create ...............................................................................................HR 436 Juvenile court; child within jurisdiction; counseling........................................................SB 77 Juvenile court; dead docketed cases..............................................................................HB 1003 Juvenile court; delinquency proceedings; records; hearings.........................................HB 502 Juvenile court; judge pro tempore appointment; include state court judge..............................................................................................................SB 141 Juvenile law enforcement records; inspection by school officials ...............................HB 226 Juvenile proceedings; adjudicatory hearings; amend provisions ....................................SB 30 Juvenile proceedings and parental rights; extensive revision......................................HB 737 Juvenile proceedings; certain cases; public access..........................................................SB 156
Juvenile proceedings; certain nonresidents; jurisdiction over disposition................................................................................................................SB 410
Juvenile proceedings; condition of probation; passing average in school.............................................................................................................HB 719
Juvenile proceedings; judicial seminars; certain youth confinement; Corrections Department .........................................................................SB 229
Juvenile proceedings; transfer certain cases from superior court...............................HB 515
Juvenile proceedings; 24-hour supervision during probation.......................................HB 504

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2778

INDEX

MINORS (Continued) Juvenile proceedings; unruly child; supervision fees.....................................................HB 607 Juvenile proceedings; venue; amend provisions.............................................................HB 176 Juveniles in detention; court ordered child support.....................................................HB 554 Legally qualified guardian; personal injury claim .........................................................HB 144 Lottery; age for ticket purchasing; drawing time prohibition ...................................HB 1087 Mandatory education; age requirement..........................................................................HB 547 Mental illness; certain hospitalized minors; discharge..................................................HB 988 Motor vehicles; amend provisions relating to DUI; seat belt requirements and curfew for minors ......................................................................SB 79 Parental rights termination; placement of child; list of relatives ...............................HB 747 Paternity petition; appointment of guardian ad litem.................................................HB 339 Penal institutions; sexually violent predator; registration requirements.................................................................................................SB 53 Picking up or discharging passengers; prohibit in certain school zones........................................................................................................HB 939 Planning Committee for the Religious Community Conference on the Needs of Children; create ............................................................HR 303 Policy Council for Children and Families; create...........................................................SB 256 Principal and agent; financial power of attorney; guardian and ward; amend provisions..........................................................................SB 105 Private schools; auxiliary child care; licensing...............................................................HB 536 Probation; certain offenses; termination of supervision...............................................HB 437 Public assistance; LEARNFARB pilot program; school attendance required.........................................................................................................SB 298 Public School Disciplinary Tribunal Act; amend..........................................................HB 479 Public school discipline; permanent expulsion; readmission.......................................HB 794 Public schools; disciplinary problem student; parental conference...............................SB 31 School curriculum; include family violence and child abuse prevention course.................................................................................................HB 885 Schools; certain students; disciplinary sanctions...........................................................HB 145 Sexual offenses; redefine statutory rape, child molestation, and enticing a child for indecent purposes...........................................SB 140 Sexually explicit performances; prohibition...................................................................HB 241 Special education; students in general program; funding............................................HB 500 Student with weapon at school; provisions for expulsion............................................HB 866 Termination of parental rights; time limit on issuance of order ................................HB 495 Torts; certain malicious acts by minor; liability of parents..........................................SB 255 Torts; rental dwellings; lead poisoning; liability............................................................HB 585 Vaccination registry for children; provisions..................................................................HB 844 Voluntary prayer in schools; urge Congress restore......................................................HR 404 Welfare fraud; definitions; penalties ................................................................................SB 446 William E. "Bill" Ireland Youth Development Campus and J. L. Turner Bridge; designate ........................................................................................SR 12 William E. "Bill" Ireland Youth Development Campus; designate ...........................HR 262 Youthbuild Program Act; enact ........................................................................................SB 315
MISS GEORGIA PAGEANT; commend on 50th anniversary ..................................HR 507
MITCHELL COUNTY; board of education; compensation ........................................HB 874
MONROE ACADEMY LADY MUSTANGS; commend..........................................HR 664
MONROE, CITY OF Election districts.................................................................................................................HB 762 Telecommunications services............................................................................................HB 761
MONROE COUNTY Board of commissioners; compensation.........................................................................HB 1052

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2779

MONROE COUNTY (Continued) Custodian and registrar; fees..........................................................................................HB 1053 Landfill; restrictions.........................................................................................................HB 1038
MONTES, VIRGINIA E. "GINNY"; condolences ......................................................HR 492
MOORE, LOVIE BECK; commend...................................................................................HR 64
MOORE, WILLIAM J. "BILLY"; invite to House.....................................................HR 325
MORGAN COUNTY Alcoholic beverages; repeal sales by drink in restaurants and clubs..........................HB 517 Board of commissioners; chairman's compensation ......................................................HB 944
MORROW, CITY OF; homestead exemption; increase to $40,OOO..............................SB 273
MORROW CIVIC WOMEN'S CLUB; commend........................................................HR 696
MORTGAGES (See Liens and Mortgages)
MOTIWALA,MARYAM;commend...............................................................................HR 361
MOTOR CARRIERS Certain motor carriers of property; sales tax exemption..............................................HB 798 Commercial driver's license; disqualification from driving commercial motor vehicle................................................................................................HB 70 Commercial driver's license; disqualification from driving commercial motor vehicle...............................................................................................SB 288 Motor carrier of property; flat-rate ad valorem tax; one-time license plate fee..............................................................................................HB 733 Motor carriers of property or persons; amend provisions............................................HB 609 Nonemergency vans and operators; regulation by Public Service Commission........................................................................................................HB 665 Replacement license plate or decal; permanent license plates for certain trailers...............................................................................................HB 571 Truck weights; uniform tolerances among states; urge Federal Highway Administration provide...................................................................HR 373 Vehicle loads; maximum gross weight; certain commodities.......................................HB 490 Vehicles and loads; width over 16 feet; emergency permit..........................................HB 717
MOTOR FUEL AND ROAD TAX (Also, see Gas, Gasoline and Gas Service or Motor Vehicles and Traffic) Certain sales and use tax; increase rate............................................................................HB 82 Domestic motor fuel; exemption......................................................................................HB 961 Excise tax; motor fuel; compressed natural gas.............................................................HB 687 Exempt certain dyed fuel oils...........................................................................................HB 510 Motor fuel; transport truck delivery; certain vehicles ....................................................HB 39 Sales tax; certain motor fuel; exemption ........................................................................HB 688
MOTOR VEHICLE ACCIDENT INSURANCE Cancellation; dishonored check ..........................................................................................HB 49 Cancellation; dishonored check .........................................................................................SB 238 Cancellation; notice..............................................................................................................HB 48 Claims; certain referrals for a fee; prohibit.....................................................................SB 369 Motor vehicles; self-insurance; cash deposits.................................................................HB 677 Nonrenewal; prohibitions ..................................................................................................HB 421 Premium reductions...........................................................................................................HB 362 Premium reduction; certain students; self-insurance; cash deposits...........................SB 129
MOTOR VEHICLES AND TRAFFIC Abandoned motor vehicles; lien foreclosure; attorney's fees ..........................................SB 87

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2780

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Abandoned motor vehicles; procedures for reporting...................................................HB 185 Ad valorem tax; exempt certain vans and buses...........................................................HB 756 Alcoholic beverages; open container in motor vehicle; prohibitions; exceptions....................................................................................................SB 60 Alternative fuel vehicle; income tax credit.....................................................................HB 683 Amend provisions relating to DUI; seat belt requirements and curfew for minors.......................................................................................................SB 79 Antique motor vehicle; license plate; year of manufacture..........................................HB 408 Certain motor carriers of property; sales tax exemption..............................................HB 798 Certificate of title; dealer application .............................................................................HB 184 Child abuse treatment centers; funding; General Assembly provide additional fees for certain offenses - CA.....................................SR 162 Commercial driver's instruction permit; amend provisions .........................................HB 305 Commercial driver's license; disqualification from driving commercial motor vehicle ..................................................................................HB 70 Commercial driver's license; disqualification from driving commercial motor vehicle.................................................................................SB 288 Crosswalks at capitol; certain traffic barriers; urge Georgia Building Authority study................................................................................HR 520 Department and commissioner of; create .......................................................................HB 488 Derelict motor vehicle; determination of value..............................................................HB 186 Distinctive driver's license; "DUI offender"...................................................................HB 203 Domestic motor fuel; sales and use tax and motor fuel tax exemptions...................HB 961 Driver training instructors; licensing; certain exemption.............................................HB 187 Driver's license; certain exemption; DUI alcohol and drug use risk reduction; satellite programs...........................................................................SB 250 Driver's license; Classes C and M; reduce fees ..............................................................HB 150 Driver's license; conviction records; assessment of points ...........................................HB 289 Driver's license; distinguishable markings for DUI conviction ....................................SB 211 Driver's license; false information; sanctions.................................................................HB 256 Driver's license; filing of convictions; suspension on points; reinstatement fee...............................................................................................HB 255 Driver's license issued to minor; valid to age 21 ..............................................................SB 34 Driver's license; name or address change; notification .................................................HB 438 Driver's license; personal identification card; cancellation and limitation............................................................................................HB 254 Driver's license; redefine resident....................................................................................HB 519 Driver's license; replacement; provisions ........................................................................HB 146 Driver's license suspension; minor's noncompliance with certain education requirements .......................................................................................SB 98 Driver's license; test requirement; certain exemption...................................................HB 188 Driving under the influence; blood alcohol concentration.........................................HB 1096 Driving under the influence; blood alcohol concentration..............................................SB 66 Driving under the influence; breath test; two sequential samples required.............................................................................................................HB 610 Driving under the influence; endangering a child; notice of conviction ....................HB 496 Driving under the influence; second offense; marked driver's license .......................HB 135 Elections Code; conform to repeal of National Voter Registration Act of 1993................................................................................................HB 962 Emergency and police vehicles; colored flashing lights................................................HB 234 Emission inspections; exception .......................................................................................HB 834
Emission inspections; exception.......................................................................................HB 835
Emission inspections; extend to all counties..................................................................HB 403
Emission inspections; prohibit centralized testing........................................................HB 478
Emission inspections; prohibit centralized testing.........................................................SB 251
Emission inspections; redefine responsible motor vehicle............................................HB 224

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2781

MOTOR VEHICLES AND TRAFFIC (Continued) Emission inspections; redefine responsible motor vehicle............................................HB 533 Excise tax; motor fuel; compressed natural gas.............................................................HB 687 Failure to restrain child by seat belt; penalty ...............................................................HB 701 Fleeing or attempting to elude police; felony.................................................................HB 160 Fleeing or attempting to elude police; mandatory penalties; police vehicular pursuit; liability for damage or injury ............................................HB 409 Fleeing or attempting to elude police; penalty................................................................HB 74 Foreclosure sale; deficiency judgment.............................................................................HB 744 Franchisors; audits; time limitation...............................................................................HB 1089
Franchisors; dealerships; relevant market area............................................................HB 1091 Fraudulent issuance of personal identification cards; define offense..........................SB 253 Government-owned vehicles; 5-year registration and license plates...........................HB 601
Highways and certain construction sites; maximum speed limits; use of headsets on motorcycles ...........................................................................SB 48
Highways; lighted headlights at all times; exception ....................................................HB 921 Highways; lighted headlights at all times; exception..................................................HB 1067
Highways; railroad grade crossings; authority of Department of Transportation ...................................................................................HB 1068
Insurance; cancellation; dishonored check........................................................................HB 49 Insurance; cancellation; dishonored check.......................................................................SB 238 Insurance; cancellation; notice............................................................................................HB 48 Insurance claims; certain referrals for a fee; prohibit....................................................SB 369
Insurance; nonrenewal; prohibitions................................................................................HB 421 Insurance; premium reductions........................................................................................HB 362 Insurance; premium reductions for certain students;
self-insurance; cash deposits ..........................................................................................SB 129
Insurance; self-insurance; cash deposits..........................................................................HB 677 Junkyards; screening or fencing.........................................................................................HB 83 License plates or decals; replacement; sworn affidavit.................................................HB 628
Licensing and registration deadlines...............................................................................HB 542 Licensing of certain trucks..............................................................................................HB 1090 Local Governmental Responsibility in Operation of
Vehicles Act; enact.........................................................................................................HB 196
Motor carrier of property; flat-rate ad valorem tax; one-time license plate fee..............................................................................................HB 733
Motor carriers of property or persons; amend provisions............................................HB 609
Motor fuel tax; exempt certain dyed fuel oils................................................................HB 510 Motor fuel; transport truck delivery; certain vehicles....................................................HB 39 Motor vehicle used in burglary or armed robbery; forfeiture......................................HB 340 Motorcycles; headgear requirement; exemption............................................................HB 227
Motorcycles; special license plates for handicapped; special antique plates......................................................................................................SB 438
Pawned vehicles; interest and repossession fee.............................................................HB 181
Picking up or discharging passengers; prohibit in certain school zones ....................HB 939 Public assistance recipients; vehicles transporting; requirements..............................HB 499 Racing near residential area; required exhaust equipment..........................................HB 606 Registration; county of real property ownership...........................................................HB 105
Registration; staggered over 4-month or 12-month period..........................................HB 379 Registration; staggered over 4-month or 12-month period..........................................HB 487 Registration; staggered over 4-month or 12-month period ...........................................SB 280 Registration; staggered over 12-month period...............................................................HB 237
Registration; staggered over 12-month period ...............................................................HB 238 Registration; staggered over 12-month period...............................................................HB 352 Registration; staggered over 12-month period ...............................................................HB 538 Rentals; fixed fee................................................................................................................HB 797
Replacement license plate or decal; permanent license plates for certain trailers...............................................................................................HB 571

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2782

INDEX

MOTOR VEHICLES AND TRAFFIC (Continued) Riding bicycles on right side of roadway; exceptions...................................................HB 552 Sales tax; certain motor fuel; exemption........................................................................HB 688 Satellite DUI alcohol or drug use risk reduction programs.........................................HB 582 Security interest; rental price adjustment ......................................................................HB 466 Special license plates; commemorate Georgia wildflowers...........................................HB 189 Special license plates; Georgia Patriot............................................................................HB 860 Special license plates; Pearl Harbor veterans; repeal additional fee..........................HB 522 Special license plates; Pilot International.......................................................................HB 861 Special license plates; Prince Hall Masons...................................................................HB 1080 Special license plates; retired reservists...........................................................................SB 411 Special license plates; Rotary International members..................................................HB 463 Special license plates; Sons of the Confederate Veterans............................................HB 862 Special license plates; supporting 1996 Paralympic Games in Atlanta ......................SB 263 Special license plates; U. S. Army Reservists retain after retiring..............................SB 346 Special license plates; wildlife conservation fund...........................................................SB 205 Special license plates; World War II Eighth Air Force veterans.................................SB 203 Speed detection device; permit application; speed limit approval ..............................SB 320 Speeding on interstate system; state offense .................................................................HB 532 State travel by personal vehicle; reimbursement of expenses .....................................HB 474 Stolen driver's license; free replacement............................................................................SB 37 Trade practices; motor vehicle broker; prohibit ..........................................................HB 1092 Transportation, Department of; rename certain division Office of Traffic Operations..........................................................................................HB 722 Truck weights; uniform tolerances among states; urge Federal Highway Administration provide...................................................................HR 373 Unfair or deceptive practices; odometer tampering; certain federal law reference..........................................................................................SB 284 Uniform rules of the road; headset prohibition; exempt firelighters .........................HB 631 Uniform rules of the road; pedestrian right-of-way; commercial driver's license; disqualification from driving commercial vehicle............................HB 70 Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, State Board of; provisions ...................................................................HB 335 Vehicle loads; maximum gross weight; certain commodities .......................................HB 490 Vehicles and loads; extend length; certain loads of wood products ...........................HB 511 Vehicles and loads; width in excess of 16 feet; single-trip emergency permit........................................................................................HB 717 Vehicles and loads; width in excess of 16 feet; single-trip emergency permit .........................................................................................SB 318 Vehicular pursuit of person fleeing from police; liability for damage or injury.......................................................................................................HB 457 Voter Registration Act of 1993; urge Congress fund or repeal....................................HR 317
MOTORCYCLES Headgear requirement; exemption...................................................................................HB 227 Licensing and registration deadlines ...............................................................................HB 542 Motor vehicle insurance; nonrenewal; prohibitions.......................................................HB 421 "Motorcycle Awareness and You Month"; recognize May, 1995..................................HR 74 Special license plates for handicapped; special antique plates ....................................SB 438
MOUNT HERMAN BAPTIST CHURCH; commend on 100th anniversary ........HR 395
MOUNTAIN VIEW ELEMENTARY SCHOOL; commend...................................HR 252
MT. OLIVE AFRICAN METHODIST EPISCOPAL (A.M.E.) CHURCH; commend........................................................................................................HR 643
MUNICIPALITIES (Also, see Local Government or Named Municipality) Academic subject-based education; prohibit outcome-based methods.......................HB 420

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2783

MUNICIPALITIES (Also, see Local Government or Named
Municipality) (Continued) Ad valorem tax; certain business exemption; local ordinance.......................................HB 93 Ad valorem tax; certain business exemption; local ordinances - CA............................HR 20 Ad valorem tax; limitation on increases - CA..................................................................HR 96 Ad valorem tax; limitation on increases; Consumer Price Index................................HB 329 Ad valorem tax; millage rate limitation - CA....................................................................HR 7 Ad valorem tax; millage rate limitation - CA..................................................................HR 26
Alcoholic beverages; residential community development districts; brewery tours..................................................................................................HB 354
Amusement and carnival rides; amend provisions........................................................HB 271 Annexation; unincorporated islands; preclearance ........................................................HB 543 Business and occupation taxes; amend provisions ........................................................HB 168 Business and occupation taxes; amend provisions........................................................HB 230 Business and occupation taxes; amend provisions........................................................HB 282
Business and occupation taxes; extensive revision of provisions ................................HB 175 Certain cities; traffic court; penalties and bail; population.........................................HB 625 Certain employees; termination settlement agreement................................................HB 214 Certain federal grants; urge state legislative oversight.................................................HR 381 Certain school systems; local fair share calculation........................................................HB 22
Charter schools; amend provisions......................................................................................SB 54
Child abuse treatment centers; funding; General Assembly provide additional fees for certain offenses - CA.......................................................SR 162
Civil War commemorative facilities; preserve................................................................HB 573
Community Education Advisory Council; create...........................................................HB 141 Contested elections; attorneys' fees .................................................................................HB 894 Contracts for regional facilities; limitations ....................................................................SB 126 Counties and municipalities; certain unused property; disposition.............................SB 161
Counties and municipalities; independent school system; moratorium on annexation..........................................................................................HB 1083
Counties and municipalities; taxes and license fees; grounds for refund..........................................................................................................HB 441
Counties; bond elections; advertisement provisions......................................................HB 417
County and Municipal Probation Advisory Council; provisions; Community Service Pilot Project; establish...........................................HB 435
County and municipal sales tax; redefine qualified municipality...............................HB 748 Courts and juvenile courts; family violence; unruly
child; child custody; amend provisions........................................................................HB 498 Development authorities; additional powers..................................................................HB 363
Development authorities; local government official or employee as director; audited financial statements ...................................................SB 132
Distilled spirits; sales by drink for consumption on premises; referendum upon resolution........................................................................HB 680
District attorney; redefine to include municipal court reference................................HB 514
Eddie Eagle Gun Safety Program; urge school systems adopt; commend National Rifle Association on development.............................................HR 293
Education; certificated personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures.........................................................................................................SB 281
Education; construction reserve trust fund; program weights; certain salaries.................................................................................................................HB 129
Education; county school system; include independent system..................................HB 807 Education; driver's education provision; program weights ..........................................HB 404
Education; local fair share funds; calculation................................................................HB 566 Education; midterm adjustments; program adjustment amount
for training and experience............................................................................................SB 175
Education, State Board of; advisory board to State School Superintendent and local boards of education - CA.................................................HR 211

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2784

INDEX

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Educational facilities; historic landmarks; advanced placement exam fees; private schools..........................................................................HB 365 Educational facilities; historic landmarks; policy provisions..........................................SB 71 Educational program grants; certain after-school programs forat-riskyouth.................................................................................................................SB 64 Educators; discipline of students; liability.....................................................................HB 134 Elections; amend provisions...............................................................................................SB 193 Elections; campaign contributions; prohibitions............................................................HB 864 Elections; filing dates; write-in candidates; notice of intent and drug testing provisions................................................................................SB 148 Elections; qualifying fees; date; time...............................................................................HB 351 Enterprise zones; creation by counties or municipalities; General Assembly provide by general law - CA...........................................................SR 64 Fire protection and safety; authority and duties of Firefighter Standards and Training Council...............................................................SB 199 Firearms; possession, purchases, dealers, background checks, regulation; amend provisions ...........................................................................SB 58 Firearms; prohibit regulation; exceptions.......................................................................HB 633 Georgia Future Communities Commission; create........................................................HR 324 Hazardous waste; create community loan program.......................................................HB 388 Health care network; hospital authorities establish......................................................HB 765 High school diploma; warrant student preparedness; prohibit certain student assessments...........................................................................HB 128 Hotels and motels; county and municipal levies; bike or pedestrian trails..............................................................................................................HB 975 Hotels and motels; excise tax; authorization for county and municipal levies.......................................................................................................HB 871 Hotels and motels; excise tax; authorized purposes......................................................HB 776 Hotels and motels; excise tax; authorize increase .........................................................HB 659 Hotels and motels; excise tax; expenditure requirements............................................HB 419 Inmate medical expenses; repayment; redefine detention facility..............................HB 757 Inmate medical services; liability; redefine detention facility.....................................HB 758 Inmate Reimbursement to Counties and Municipalities Act; enact.........................HB 1072 Inmate Reimbursement to Counties and Municipalities Act; enact ...........................SB 222 Instant Brady Repeal Act; enact....................................................................................HB 1093 Institute for Community Business Development; create...............................................SB 404 Institute for Community Economic Development; create............................................HB 739 Jail officers and juvenile correctional officers; training requirement.........................HB 444 Jails; incarceration costs; inmates reimburse .................................................................HB 650 Joint county and municipal sales tax; referendum; resubmission..............................HB 537 Land bank authority; property acquisition; tax executions; certain transfers ..........................................................................................SB 89 Land-disturbing activities; amend provisions ................................................................HB 350 Law enforcement officers; complaints; processing.........................................................HB 115 Law enforcement officers; residence in high crime area; financing............................HB 429 Littering; fines; prohibit certain local ordinances ..........................................................SB 107 Lobbyists; local government employee; exemption.......................................................HB 152 Local boards of education; education required to hold office.....................................HB 561
Local enterprise zones; creation; General Assembly provide by general law - CA.........................................................................................HR 157
Local Government Authorities Registration Act; enact................................................HB 250
Local government efficiency grant program; amend provisions..................................HB 553
Local Government Fiscal Impact Act; enact...................................................................SB 216
Local government impact fiscal notes; amend provisions; municipalities; service of process ..................................................................................SB 134

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INDEX

2785

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Local government impact fiscal notes; comprehensive revisions................................HB 772 Local Governmental Responsibility in Operation of Vehicles Act; enact..................HB 196 Local school boards; employment of attendance officers.............................................HB 551 Lottery proceeds; allocate 10% to local boards of education - CA............................HR 212 Lottery proceeds; allocate 20% to local school systems - CA.....................................HR 190
Motor vehicles; use of headsets on motorcycle; maximum speed limits on highways and in certain construction sites........................................SB 48
Municipal charter commissions; create .............................................................................HB 23 Municipal corporations; merger........................................................................................HB 364 Municipal court judges; residency requirement.............................................................HB 301 Municipal court jurisdiction; simple assault and simple battery................................HB 300
Municipal courts; jurisdiction...........................................................................................HB 658 Municipal Employees Benefit; employee contributions ...............................................HB 640 Municipal probation system; officers collect certain delinquencies ............................SB 276 Police departments; use of nomenclature.......................................................................HB 713
Private graveyards; prohibit development......................................................................HB 391
Public employment, education, contracting; prohibit discrimination - CA........................................................................................................HR 154
Public school employees; prohibit local salary supplement reductions ......................SB 218
Regional development centers; ratify boundaries..........................................................HR 323 Retirement systems; invest assets in equities..................................................................HB 86 Rural facilities economic development; criteria for authorization................................HB 97 Sanitation collection services; certain regulation...........................................................HB 723
School district sales tax; General Assembly authorize by general law - CA........................................................................................................HR 263
School facilities; certain exemptions; delete repealer ....................................................SB 317 School facilities; minimum requirements; delete repealer............................................HB 644 School Property Tax Relief Fund; authorize creation - CA............................................HR 4 School systems; local fair share funds; certain retention ...............................................HB 19
Schools and school systems; achievement grants; comprehensive evaluations; regional educational service agencies; disciplinary sanctions.....................................................................................................HB 145
Solid waste disposal facilities; surcharges.......................................................................HB 735 Solid waste; disposal of tires; permits .............................................................................HB 439 Sovereign immunity; waiver; liability ............................................................................HB 1077 Special county 1% sales tax; consolidated government ...............................................HB 249 Special education; students in general program; funding ............................................HB 500
Special primaries or elections; deadline for registration..............................................HB 423
Special purpose county sales tax; sharing by counties, municipalities, and school systems - CA......................................................................SR 180
Speed detection device; permit application; speed limit approval ..............................SB 320
State flag; new design; required display.........................................................................HB 615 State minimum standard codes; compliance; inspections by engineer.......................HB 257 Tax executions; certain transfers; statewide applicability...........................................HB 816 Tax exempt status of Stone Mountain Memorial Association; exception.................HB 475
Teacher and school administrator; define; local boards; training workshops .........................................................................................................HB 154
Textbooks; additional procedure for adding to approved list......................................SB 52 Torts; counties, municipalities, school districts; sovereign immunity ........................HB 881
Unused school buildings; local boards offer as gifts to county or municipality..............................................................................................HB 989
Vehicles; 5-year registration and license plates.............................................................HB 601
Vehicular pursuit of person fleeing from police; liability for damage or injury........................................................................................HB 457
"Voting Rights Participation and Voter Registration Month"; proclaim March...............................................................................................HR 331

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2786

INDEX

MUNICIPALITIES (Also, see Local Government or Named Municipality) (Continued) Workers' compensation; Self-insurers Guaranty Trust Fund; amend provisions.................................................................................................HB 579 Zoning; reconsideration of defeated actions; time limitation .......................................SB 215
MURDER Certain crimes against elderly; prohibit parole - CA....................................................HR 412 Murder charge; condition of bail; prohibit contact with juror....................................HB 103 Murderers; deny right of inheritance ..............................................................................HB 526
MURRAY PRINTING COMPANY; commend on 150th anniversary....................HR 434
MUSCOGEE COUNTY; board of elections and registration......................................HB 642

N

NATIONAL GUARD Called into active service; certain rights.........................................................................HB 464 Called into active service; reemployment rights.............................................................SB 354 Education grants; children of certain military or National Guard members ...............................................................................................SB 247 Georgia National Guard Day; declare February 22, 1995; invite Major General Bland to House.........................................................................HR 349 Georgia National Guard Day; declare February 23, 1995; invite Major General Bland to House.........................................................................HR 236 Indemnification; amend provisions; include certain members .....................................SB 353 Indemnification; law enforcement duty ..........................................................................HB 505 Military duty; reemployment rights in private industry ...............................................SB 299 Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority...........................................SB 363 Southern Regional Emergency Management Compact; enact......................................SB 387
NATIONAL RAILWAY HISTORICAL SOCIETY, ATLANTA CHAPTER; commend...............................................................................HR 469
NATIONAL RIFLE ASSOCIATION Commend on development of Eddie Eagle Gun Safety Program; urge school systems adopt.............................................................................................HR 293
NATURAL RESOURCES (See Conservation and Natural Resources)
NESBIT, JASON R.; commend........................................................................................HR 618
NEW BIRTH MISSIONARY BAPTIST CHURCH; congratulate.......................HR 648
NEWMAN, DR. JACK R. Commend...............................................................................................................................HR 39 Condolences.........................................................................................................................HR 686
NEWTON COUNTY Alcovy Judicial Circuit; add judge...................................................................................HB 934 Alcovy Judicial Circuit; judges; salary supplement.....................................................HB 1023 Alcovy Judicial Circuit; judges; salary supplement........................................................SB 466
NICHOLSON, KATE C.; commend................................................................................HR 644
NOBLES, BILLY RAY; commend..................................................................................HR 283
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INDEX

2787

NONPROFIT CORPORATIONS Administrative dissolution; reinstatement provisions................ .................................. ..SB 138 Amend provisions .......... .....................................................................................................HB 670 Chairlifts in buildings owned by certain nonprofit organizations; inapplicability of certain laws ..............................................................SB 377 Family and Children Services Division; certain payroll deductions. ..........................HB 927 Sales tax; exempt certain charitable fund-raisers .........................................................HB 291 State employees; payroll deductions; certain associations ...........................................HB 473
NONRESIDENTS Civil practice; venue under long-arm statute. ............................................................. ....SB 231 Juvenile proceedings; certain nonresidents; jurisdiction over disposition. ............................................................................................................ ...SB 410
NORTH GEORGIA COLLEGE BLUE RIDGE RIFLES; invite to House ........HR 466
NORTHERN JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 236 .........................................................................................................................HB 863
NORTHWEST HOME HEALTH AGENCY, INC.; commend volunteers............HR 590
NOTARIES PUBLIC; bond provisions ..........................................................................HB 987
NOTES; secured by private residence; intangible tax exemption. ................................HB 647
NURSES Licensure; reinstatement ...................................................................................................HB 924 Practical nurse licensed in another state; license provisions. ......................................HB 395 State health planning; certificate of need; home health agencies..... ........................HB 1005
NURSING HOMES Administrator; provisional license....................................................................................HB 280 Certain mentally impaired patients; individual monitoring systems; urge...............................................................................................HR 533 Employment applicants; criminal record checks ...........................................................HB 318 Family Caregiver Support Act; in-home grants.............................................................HB 587 Hospitals, nursing homes, and day care centers; encourage plan for emergencies....................................................................................HR 201 Long-term care ombudsman; amend provisions ............................................................HB 557 Mental illness; involuntary outpatient or inpatient care; peer review groups; evaluation of certain health care providers... ...................... .....SB 93 Peer review groups; evaluation of certain health care providers; liability; confidentiality .............................................................................. ....SB 95

o

OATHS OF OFFICE Clerk of the House ...............................................................................................................Page 7 Members-elect.......................................................................................................................Page 5 Shaw, Honorable Jay.........................................................................................................Page 62
OBSCENITY Distributing obscene materials; third offense; penalty .................................................HB 724 Material depicting dead bodies or body parts; unsolicited distribution....................HB 685
OCCUPATIONAL LICENSE (See Business and Occupation Tax)
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2788

INDEX

OCCUPATIONAL THERAPISTS State Board of; add auditory integration training ........................................................HB 162
OCILLA, CITY OF; mayor and council; districts..........................................................HB 893
OCONEE COUNTY; probate court judge; nonpartisan election ................................HB 467
OCONEE COUNTY CLEAN AND BEAUTIFUL COMMISSION; commend.............................................................................................HR 391
ODUM, FRANK WADE; condolences............................................................................HR 508
ODUM, REVEREND MATTHEW M.; commend........................................................HR 68
OGEECHEE JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 236 Add judge.............................................................................................................................HB 899
OGLETHORPE COUNTY; probate court judge; nonpartisan election ....................HB 789
OLD MILTON COUNTY BRIDGE; designate...........................................................HR 196
OLD MILTON PARKWAY AND OLD MILTON COUNTY BRIDGE; designate......................................................................................HR 195
OLIVER, CLINTON; commend.......................................................................................HR 206
OLYMPICS Alcoholic beverages; consumption on premises; Olympic events................................HB 583 Atlanta Olympic and Paralympic Games; certain imported items; suspend taxation .................................................................................................HB 398 Chief law enforcement officer for Olympics; commissioner of public safety ................................................................................................................HB 740 Special license plates; supporting 1996 Paralympic Games in Atlanta ......................SB 263 State Flag Commission for the Olympic Games; create.................................................HR 52 Workers' compensation; coverage for Olympic volunteers...........................................HB 106 Workers' compensation; coverage; Olympic and Paralympic volunteers......................SB 17
OMAHA, CITY OF; disposition of assets and liabilities ..............................................HB 386
OPTOMETRISTS Contact lenses; stricter sales guidelines...........................................................................SB 125 Permissible pharmaceutical agents; expand definition..................................................SB 271
OSBORNE HIGH SCHOOL STOCK MARKET GAME TEAMS; commend............................................................................................................HR 342

P
PACE, GLORIA VEDA; commend .................................................................................HR 570 PADGETT, HONORABLE MICHAEL J. "MIKE"; commend.............................HR 308 PADGETT, JEANNIE; commend .....................................................................................HR 69 PAINTER, JAMEY;commend.........................................................................................HR 377 PALMER, JULIE; commend ............................................................................................HR 568 PARDONS AND PAROLES
Armed robbery; death penalty or life without parole.................................................HB 1060
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INDEX

2789

PARDONS AND PAROLES (Continued) Certain investigation; publication of notice..................................................................HB 1059 Commission of crime while incarcerated; sentencing......................................................HB 25 Convicted felon; ineligible for parole...............................................................................HB 929 Conviction of innocent persons; remedies.........................................................................HB 24 Crime victims; notification; custodial release or bail hearing........................................HB 54 Domestic violence; court-monitored intervention program; counseling program for certain inmates.......................................................................SB 157 Mandatory service of sentences for certain crimes - CA................................................HR 32 Parole or probation; revocation; bond pending hearing...............................................HB 509 Penal institutions; conditions of parole; GED equivalency diploma; completion of Alcohol and Drug Use Risk Reduction Program .............HB 229 Penal institutions; parole or early release; GED equivalency diploma requirement..................................................................................HB 58 Sex offenders; amend provisions......................................................................................HB 416 Sex offenders; condition of parole; notification of residence.......................................HB 672 State Board of; determination notice; public record.....................................................HB 207 State Board of; determination notice; public record.....................................................HB 279 State Board of; eliminate - CA.........................................................................................HR 569 Trafficking in controlled substances; mandatory service of sentence - CA..............................................................................................................HR 193 Trafficking sentences; prohibit furloughs, pardons, paroles; exception ...........................................................................................................HB 494
PARENT AND CHILD Adoption; judicial challenge; time limitation ..................................................................SB 307 Adoption; prohibit sale of child by parent or guardian ................................................SB 130 Alimony or child support; certain violation; confinement in diversion center...............................................................................................................SB 7 Certain adoptions; remove limitation on financial assistance .....................................HB 253 Child abuse; reports to child welfare agency..................................................................HB 675 Child Abuse Study Committee; create.............................................................................SR 164 Child custody proceedings in family violence cases; provisions...................................SB 120 Child custody; visitation rights; noncustodial parents...................................................SB 246 Child Protection Act of 1995; change minimum age to 16 ..........................................HB 377 Child support computation; gross income of both parents ..........................................HB 548 Child support; include life insurance on one or both parents......................................SB 423 Child support; noncompliance; limit issuance of business license...............................SB 227 Child support receivers; prohibit bonuses or commissions...........................................SB 213 Child support; revise method of calculation.....................................................................HB 72 Children; reckless endangerment; define offense...........................................................HB 648 Deprivation of a minor; penalties for contributing to ...................................................SB 396 Education; home economics study to include parenting instruction.............................SB 68 Education; parental authority; provisions.......................................................................HB 752 Failure to restrain child by seat belt; penalty...............................................................HB 701 House Evaluation of Court Ordered Visitation Rights Study Committee; create...........................................................................................................HR 532 In vitro fertilization; gestational surrogacy...................................................................HB 1073 Juvenile proceedings and parental rights; extensive revision ......................................HB 737 Juvenile proceedings; unruly child; supervision fees.....................................................HB 607 Juvenile proceedings; 24-hour supervision during probation.......................................HB 504 Juveniles in detention; court ordered child support .....................................................HB 554 Parental rights termination; placement of child; list of relatives ...............................HB 747
Parental rights termination; time limit on issuance of order......................................HB 495 Paternity petition; appointment of guardian ad litem.................................................HB 339 Policy Council for Children and Families; create...........................................................SB 256 Torts; certain malicious acts by minor; liability of parents..........................................SB 255

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2790

INDEX

PARIS, NANCY; commend ...............................................................................................HR 593
PARKINSON'S DISEASE VICTIMS Governor declare 5/20/95 day of recognition .................................................................HR 356
PARKS, GEORGE RICHARD "RICK", JR.; condolences.......................................HR 215
PARKS, HISTORIC AREAS AND COMMEMORATIONS Ad valorem tax; exempt certain historical fraternal benefit associations.........................................................................................................HB 399 Ad valorem tax; exempt certain nonprofit museums....................................................HB 252 Certain property on West Point Lake; sublease............................................................HB 890 Certain state parks; amend provisions; Recreational Authorities Overview Committee; create ....................................................................HB 120 Cumberland Island and St. Marys; urge certain action by National Park Service ....................................................................................................HR 316 Educational facilities; historic landmark; advanced placement exam fees; private schools..........................................................................HB 365 Educational facilities that are historic landmarks; policy provisions............................SB 71 Etowah Mounds State Historic Site; commemorative marker; Henry Tumlin family; commend.....................................................................................SR 18 Hunting wildlife in state park; approved weaponry......................................................HB 200 Local governments; Civil War commemorative facilities; preserve.............................HB 573 Open records; exempt certain historic property and location of certain rare species of plants or animals.................................................................SB 170 Pine Mountain Trail; designate portion in honor of D. Neal Wickham....................HR 261 State parks; dark sky preserves; highways and outdoor advertising signs; lighting..............................................................................................HB 942 Stone Mountain Memorial Association; construction projects; master plan.........................................................................................................SB 27 Tax exempt status of Stone Mountain Memorial Association; exception .................HB 475 Wildflower Project Trust Fund; create - CA ...................................................................HR 56
PATRICK, DOVIE TOUCHSTONE; condolences.....................................................HR 480
PATTEN, HONORABLE ROBERT LEE, II; condolences......................................HR 217
PATTERSON, BOBBY "THE BARBARIAN BLACKSMITH"; commend......HR 642
PATTERSON, CHARLES; commend ............................................................................HR 177
PATTY, HERBERT THEODORE; commend.............................................................HR 552
"PAUL E. NESSMITH PARKWAY"; designate portion of U. S. Highway 25 .....HR 332
PAWNBROKERS Licensure; provisions........................................................................................................HB 1032 Pawned vehicles; interest and repossession fee .............................................................HB 181
PEACE OFFICERS (See Law Enforcement Officers and Agencies)
PEACH COUNTY; homestead exemption; certain residents.......................................HB 908
PELHAM, CITY OF City manager; mayor and council....................................................................................HB 574 Lease property.....................................................................................................................HR 335
PENAL INSTITUTIONS Alimony or child support; certain violation; confinement in diversion center ...............................................................................................................SB 7 Certain inmates; Alcohol or Drug Use Risk Reduction Program required ................SB 154 Commission of crime while incarcerated; sentencing......................................................HB 25

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INDEX

2791

PENAL INSTITUTIONS (Continued) Conditions of parole; GED equivalency diploma; completion of Alcohol or Drug Use Risk Reduction Program.....................................................HB 229 Convicted felon; ineligible for parole...............................................................................HB 929 Conviction of innocent persons; remedies.........................................................................HB 24 Correctional Medical Services Panel; create ..................................................................HB 968 Corrections, Department of; create special school district for certain incarcerated youth......................................................................................HB 436 Corrections, Department of; create special school district for certain incarcerated youth.......................................................................................SB 228 County and Municipal Probation Advisory Council; provisions; Community Service Pilot Project; establish...............................................................HB 435 Crime Victims' Bill of Rights; enact................................................................................HB 170 Crimes and offenses; commission of crime by convicted felon through use of firearm; riot in a penal institution............................................HB 87 Criminal procedure; conviction of crime committed while in prison; consecutive service of sentence....................................................................SB 406 Death penalty; televise executions.................................................................................HB 1085 Denmark Groover, Jr., Hospital; designate......................................................................HR 21 Distribution of crime profits; amend provisions............................................................HB 828 Domestic violence; court-monitored intervention program; counseling program for certain inmates.......................................................................SB 157 Family violence; first offender; conditions of probation..............................................HB 702 Highways; maintenance of rights of way by inmates; urge Departments of Corrections and Transportation .........................................................SR 90 Indemnification payments; death or disability..............................................................HB 564 Inmate committing battery or aggravated assault; transfer to maximum security......................................................................................................HB 660 Inmate medical expenses; repayment; redefine detention facility..............................HB 757 Inmate medical services; liability; redefine detention facility.....................................HB 758 Inmate Reimbursement to Counties and Municipalities Act; enact.........................HB 1072 Inmate Reimbursement to Counties and Municipalities Act; enact ...........................SB 222 Inmates; outdoor work during inclement weather.......................................................HB 1086 Inmates; space sharing of cells.........................................................................................HB 518 Inmates; work details; use of leg chains........................................................................HB 1034 Jails; incarceration costs; inmates reimburse.................................................................HB 650 Juvenile proceedings; judicial seminars; certain youth confinement; Corrections Department .........................................................................SB 229 Mandatory service of sentences for certain crimes - CA................................................HR 32 Municipal probation system; officers collect certain delinquencies ............................SB 276 Pardons and paroles; certain investigation; publication of notice ............................HB 1059 Pardons and paroles; sex offenders; amend provisions.................................................HB 416 Pardons and Paroles, State Board of; determination notice; public record..................................,....................................................................HB 207 Pardons and Paroles, State Board of; determination notice; public record.......................................................................................................HB 279 Pardons and Paroles, State Board; eliminate - CA.......................................................HR 569 Parole or early release; GED equivalency diploma requirement ..................................HB 58 Pretrial proceedings; incarceration in another county ..................................................HB 347 Probation; certain offenses; termination of supervision...............................................HB 437
Probation; detention centers and diversion centers; certain confinement.........................................................................................................SB 230
Probation services; employment standards....................................................................HB 104
Regional jail authorities; create........................................................................................HB 345
Regional jail authorities; funds for contracts; authorize ..............................................HB 348
Repeat offenders; second felony conviction; prohibit probation or boot camp..................................................................................................SB 285

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2792

INDEX

PENAL INSTITUTIONS (Continued) Revenue bonds; redefine undertaking; include jails......................................................HB 349 Riot in a penal institution; define offense......................................................................HB 916 Sex offenders; condition of parole; notification of residence.......................................HB 672 Sexually violent predator; registration requirements.......................................................SB 53 Special county 1% sales tax; regional jails.....................................................................HB 346 State correctional system; five-year plan regarding operation; urge Department of Corrections develop ..................................................SR 137 Trafficking sentences; prohibit furloughs, pardons, paroles; exception.....................HB 494 William E. "Bill" Ireland Youth Development Campus and J. L. Turner Bridge; designate ........................................................................................SR 12 William E. "Bill" Ireland Youth Development Campus; designate ...........................HR 262
PENSIONS (See Retirement and Pensions)
PERDUE, DR. GARLAND D.; commend.......................................................................HR 60
PERKINS, HONORABLE THOMAS B.; condolences .............................................HR 248
PERKINS, JUANITA EASON; commend...................................................................HR 222
PERRY, CITY OF; department and agency directors; city manager .........................HB 539
PERSONAL CARE HOMES Change references to adult residential homes..................................................................HB 92
PETE HACKNEY PARKING FACILITY; designate ..............................................HR 368
PETROLEUM PRODUCTS (See Gas, Gasoline and Gas Service)
PHARMACISTS (See Prescription Drugs and Pharmacists or Professions and Businesses)
PHELPS, WALTER; commend........................................................................................HR 720
PHYSICIANS AND OSTEOPATHS Arbitration; medical malpractice claims; amend provisions ..........................................HB 78 Boilers and pressure vessels; safety requirements; exempt autoclaves ......................HB 321 Certain crimes against children; pretrial discovery; depositions of physicians ...............................................................................................HB 290 Comprehensive Patient Protection Act; enact ...............................................................HB 796 Contact lenses; stricter sales guidelines...........................................................................SB 125 Correctional Medical Services Panel; create ..................................................................HB 968 Dermatological services; health insurance ......................................................................HB 281 Evidence; medical reports; authenticity and admissibility..........................................HB 177 Health care network; hospital authorities establish......................................................HB 765 Income tax credit; health care provider; volunteer services ........................................HB 847 Income tax credit; rural health care providers.............................................................HB 1058 Income tax credit; rural physicians..................................................................................HB 524 Medical loans or scholarships; facilities for repayment by services rendered........................................................................................................SB 262 Medical practice; comprehensive revision of provisions...............................................HB 731 Motor vehicle accident insurance claims; certain referrals for a fee; prohibit.............................................................................................SB 369 Nonresuscitation orders; emergency medical technicians ...............................................SB 55 Patient's records; copying and mailing costs..................................................................HB 546 Physicians' assistants; additional duties .........................................................................HB 285 Physician's liens; perfecting; applicability ......................................................................HB 157 Provision of certain care; income tax credit...................................................................HB 418 Sales tax; phased-in exemption; certain foods and drugs ..............................................HB 26 Sterilization; physician's explanation; include risks......................................................HB 870

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INDEX

2793

PHYSICIANS AND OSTEOPATHS (Continued) Torts; certain prescription medication overdose; liability............................................HB 320 Vaccination registry for children; provisions..................................................................HB 844 Women's Access to Health Care Act; enact ...................................................................HB 955
PIEDMONT JUDICIAL CIRCUIT Add judge.....................................................................................................,.......................HB 236 Addjudge.............................................................................................................................HB 802
PIERCE COUNTY Board of education; nonpartisan.......................................................................................SB 469 Chief magistrate; nonpartisan............................................................................................SB 470 Commissioner districts.....................................................................................................HB 1021 Education districts............................................................................................................HB 1020 Probate court judge; nonpartisan......................................................................................SB 468
PIKE COUNTY Agribusiness authority; create ..........................................................................................HB 910 Board of commissioners; compensation.........................................................................HB 1010 Board of commissioners; reapportion..............................................................................HB 848 Board of education; compensation.................................................................................HB 1011 Board of education; nonpartisan elections....................................................................HB 1008
PILOT CLUB OF CARROLLTON; commend on 50th anniversary .......................HR 258
PILOTS AND PILOTAGE Amend provisions ...............................................................................................................HB 489 Amend provisions; docking pilot provisions...................................................................HB 732
PINE MOUNTAIN TRAIL; designate portion in honor of D. Neal Wickham ......HR 261
PINSON MEMORIAL UNITED METHODIST CHURCH Congratulate on 100th anniversary ..................................................................................HR 727
PITTMAN, CATHERINE SYLVIA; commend..........................................................HR 425
PITTS, COACH DAN; commend ....................................................................................HR 602
POAG, HONORABLE CHARLES NATHAN; commend ........................................HR 218
POINTE SOUTH ELEMENTARY SCHOOL; commend........................................HR 131
POKE, WILLIE A.; condolences.......................................................................................HR 718
POLK COUNTY; tax commissioner; compensation .......................................................SB 162
POSEA, FAYE; commend ..................................................................................................HR 540
POSTSECONDARY EDUCATION (Also, see Colleges) College preparatory curriculum; certain 8th or 9th grade credits..............................HB 999 Drug testing of students..................................................................................................HB 1004 Eligibility; students in home study programs..............................................................HB 1071 Eligible institution; redefine................................................................................................SB 47 HOPE scholarship; extend to private college students..................................................HB 69 HOPE scholarship; home schooled children; qualifications...........................................HB 68 HOPE scholarship; home study programs; qualifications............................................HB 842 HOPE scholarship program; additional eligibility..........................................................HB 88 Legislative information; public distribution in electronic format.................................HB 53 Medical loans or scholarships; facilities for repayment by services rendered........................................................................................................SB 262 Nonpublic Postsecondary Education Commission; executive director........................SB 305 North Georgia College Reserve Officers' Training Corps; tuition assistance ............................................................................................................HB 287

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2794

INDEX

POSTSECONDARY EDUCATION (Also, see Colleges) (Continued) Proprietary institutions; tuition equalization grants; Nonpublic Postsecondary Education Commission; expand powers........................HB 228 Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority...........................................SB 363
POWELL, JAMES DERWARD; commend..................................................................HR 526
POWELL, JIM; cornmend..................................................................................................HR 457
PRESCRIPTION DRUGS AND PHARMACISTS Optometrists; permissible pharmaceutical agents; expand definition.........................SB 271 Pharmaceutics; certain government purchases; prohibit..............................................HB 544 Pharmacists; generic drug substitution; therapeutically equivalent............................SB 309 Physicians' assistants; additional duties .........................................................................HB 285 Reverse drug distributors and drug researchers; registration......................................HB 611 Sales tax; phased-in exemption; certain foods and drugs..............................................HB 26 State personnel administration; applicant for employment; drug test requirement...............................................................................SB 22 Torts; certain prescription medication overdose; liability............................................HB 320
PRESSURE VESSELS (See Boilers and Pressure Vessels)
PRICE, REVEREND MARCUS P., SR.; commend...................................................HR 203
PRIMARIES (See Elections)
PRINCIPAL AND AGENT Financial power of attorney; guardian and ward; amend provisions...........................SB 105 Financial power of attorney; statutory form...................................................................SB 145 Motor vehicle franchisors; audits; time limitation ......................................................HB 1089 Motor vehicle franchisors; dealerships; relevant market area ...................................HB 1091 Trade practices; motor vehicle broker; prohibit ..........................................................HB 1092
PRISONS (See Penal Institutions)
PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESS Alarm systems regulation..................................................................................................HB 424
PRIVATE LUCY MATILDA GAUSS BRIDGE; designate...................................HR 233
PROBATE COURTS Additional locations; population provisions ...................................................................HB 493 Firearms; possession, purchases, dealers, background checks, regulation; amend provisions ...........................................................................SB 58 Judges of the Probate Courts Retirement; benefits calculation..................................HB 845 Judges of the Probate Courts Retirement; redefine surviving spouse .......................HB 483 Judges of the Probate Courts Retirement; secretarytreasurer's benefit...........................................................................................................HB 896 Judges of the Probate Courts Retirement; spousal benefits........................................HB 485 Judges of the Probate Courts Retirement; spouse's option.......................................HB 1015 Judges of the Probate Courts Retirement; vesting .......................................................HB 484 Principal and agent; financial power of attorney; guardian and ward; amend provisions..........................................................................SB 105 Probate Judges Training Council; name change; certain probate judges; compensation.......................................................................................HB 248
PROBATION Certain offenses; termination of supervision..................................................................HB 437 County and Municipal Probation Advisory Council; provisions; Community Service Pilot Project; establish ...........................................HB 435

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INDEX

2795

PROBATION (Continued) Employees' Retirement; certain county juvenile probation officers; service credit.........................,.........................................................................HB 1062 Family violence; first offender; conditions of probation ..............................................HB 702 Juvenile proceedings; condition of probation; passing average in school.............................................................................................................HB 719 Juvenile proceedings; 24-hour supervision during probation.......................................HB 504 Municipal probation system; officers collect certain delinquencies ............................SB 276 Parole or probation; revocation; bond pending hearing...............................................HB 509 Peace officers; define; include certain county probation officers................................HB 455 Penal institutions; conditions of parole; GED equivalency diploma; completion of Alcohol and Drug Use Risk Reduction Program.............HB 229 Penal institutions; parole or early release; GED equivalency diploma requirement..................................................................................HB 58 Probation; detention centers and diversion centers; certain confmement.........................................................................................................SB 230 Services; employment standards......................................................................................HB 104 Sex offenders; condition of parole; notification of residence.......................................HB 672
PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Certain licensees; mental and physical examination.....................................................HB 273 Evidence; privileged communications to, between, and among mental health care providers ............................................................................SB 223 Professional counselors; licensing; include addiction counseling ..............................HB 1082 Marriage and family therapists; requirements for licensure.........................................SB 188
PROFESSIONS AND BUSINESSES Adult residential homes; change personal care home references..................................HB 92 Auctioneers; amend provisions.........................................................................................HB 779 Barbers; licensing; operation of mobile barbershops.....................................................HB 614 Barbershops; licensing provisions; number of apprentices...........................................HB 822 Business and manufacturing facilities; tax credits; amend provisions.......................HB 336 Charitable solicitations; registration with Secretary of State......................................HB 840 Child support; noncompliance; limit issuance of business license...............................SB 227 Chiropractors; amend provisions........................................................................................HB 81 Chiropractors; Board of Examiners; examinations; temporary licenses......................SB 367 Chiropractors; scope of practice .......................................................................................HB 815 Conditioned air contracting; redefine..............................................................................HB 251 Conditioned air contractor; certain license; time for applying....................................HB 911 Corporate income; gross receipts; calculation ..................................................................HB 37 Crimes and offenses; use of force in defense of habitat...............................................HB 359 Dentists, dental hygienists, dental assistants; substantial revision of provisions.................................................................................HB 990 Driver training instructors; licensing; certain exemption.............................................HB 187 Driver's license; test requirement; certain exemption...................................................HB 188 Evidence; medical reports; authenticity and admissibility..........................................HB 177 Evidence; privileged communications to, between, and among mental health care providers ............................................................................SB 223 Funeral directors and embalmers; licensing; continuing education............................HB 100 Funeral homes; failure to affix identification to casket; sanctions.............................HB 112 Funeral homes; identification of deceased; affix to casket ............................................HB 75 Funeral homes; identification tag; affix to body or cremation vessel........................HB 246 General Contractors, State Licensing Board; create.......................................................HB 91 Hearing aids; direct mail sales; prohibitions................................................................HB 1069 Income tax; certain corporations; amend provisions.......................................................HB 36 Income tax; corporate income apportionment; change method....................................HB 50

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27%

INDEX

PROFESSIONS AND BUSINESSES (Continued) Land Surveyors, State Board of; create; Professional Engineers, State Board of; amend...............................................................................HB 746 Licensed public accountants; provisions .........................................................................HB 703 Licensing; amend; state examining board investigators; membership in Peace Officers' Annuity and Benefit Fund.....................................HB 326 Local governments; business and occupation taxes; amend provisions .....................HB 168 Local governments; business and occupation taxes; amend provisions .....................HB 230 Local governments; business and occupation taxes; amend provisions .....................HB 282 Local governments; business and occupation taxes; extensive revision of provisions......................................................................................................HB 175 Low-voltage electrical contractors; licensing requirement .........................................HB 1066 Marriage and family therapists; requirements for licensure.........................................SB 188 Medical practice; comprehensive revision of provisions...............................................HB 731 Motor Vehicles, Department and commissioner of; create..........................................HB 488 Nursing home administrator; provisional license..........................................................HB 280 Nursing homes; employment applicants; criminal record checks...............................HB 318 Occupational Therapy, State Board of; add auditory integration training.........................................................................................................HB 162 Optometrists; permissible pharmaceutical agents; expand definition.........................SB 271 Pawned vehicles; interest and repossession fee .............................................................HB 181 Physicians' assistants; additional duties.........................................................................HB 285 Practical nurse licensed in another state; license provisions.......................................HB 395 Private detective and security business; alarm systems regulation ............................HB 424 Professional counselors; licensing; include addiction counseling..............................HB 1082 Professional counselors, social workers, marriage and family therapists; certain licensees; mental and physical examination..............................HB 273 Professional engineers and land surveyors; continuing education; construction contractors; define plumbing..............................................HB 471 Psychologists; behavioral and administrative orders; amend provisions ...................HB 726 Public school buildings; architect's or engineer's plans................................................HB 383 Real estate appraisers, brokers, and salespersons; amend provisions; property management services....................................................HB 344 Real estate brokers and salespersons; licensing; amend provisions............................HB 343 Registered nurse; licensure; reinstatement.....................................................................HB 924 State Construction Industry Licensing Board; continuing education..........................HB 77 State examining boards; licensing tests; certain credit.................................................HB 778 Structural pest control applicants; examination............................................................HB 734 Structural Pest Control Commission; applicant examinations.....................................SB 351 Used motor vehicle dealer; sale or lease; certain disclosure .........................................SB 153 Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, State Board of; provisions...................................................................HB 335 Utility contracting; defmition...........................................................................................HB 729
PROPERTY Ad valorem tax; airport property; more than one county............................................HB 790 Ad valorem tax; certain business exemption; local ordinance.......................................HB 93 Ad valorem tax; exempt certain federal property transfer ..........................................HB 630 Ad valorem tax; exempt certain historical fraternal benefit associations.........................................................................................................HB 399 Ad valorem tax; exempt certain nonprofit museums....................................................HB 252 Ad valorem tax; limitation on increases - CA..................................................................HR 96 Ad valorem tax; limitation on increases; Consumer Price Index................................HB 329 Ad valorem tax; low-income housing renovation exemption - CA................................HR 12
Ad valorem tax; millage rate limitation - CA ....................................................................HR 7 Ad valorem tax; millage rate limitation - CA..................................................................HR 26 Ad valorem tax; returns; digests; hearings; amend provisions.....................................HB 825

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INDEX

2797

PROPERTY (Continued) Ad valorem tax; standing timber; millage rate; weighted average prices; owner harvests......................................................................................HB 755 Ad valorem tax; state levy; repeal certain provisions.....................................................HB 18 Alcoholic beverages; residential community development districts; brewery tours..................................................................................................HB 354 American Indian tribes; amend listing............................................................................HB 361 Assessment at 100% of fair market value; provide.......................................................HB 831 Auctioneers; amend provisions.........................................................................................HB 779 Bankruptcy and intestate insolvent estates; individual retirement accounts; exemption...................................................................................HB 221 Boards of tax assessors; chief appraiser; appointment or removal.............................HB 651 Cemeteries; violation of certain rules; prohibit...............................................................SB 359 Cemetery Act; contested cases; decision maker .............................................................HB 706 Certain motor carriers of property; sales tax exemption..............................................HB 798 Certain property in Chatham County; remove from industrial area - CA..................HR 53 Children and Youth Services, Department of; contributions......................................HB 646 Counties and municipalities; certain unused property; disposition.............................SB 161 Counties and municipalities; taxes and license fees; grounds for refund..........................................................................................................HB 441 Credit insurance; nonrecording or nonfiling and vendors' single interest..................................................................................................................HB 330 Credit insurance; nonrecording or nonfiling and vendors' single interest...................................................................................................................SB 185 Criminal damage to property in third degree; define offense.....................................HB 430 Development authorities; additional powers ..................................................................HB 363 Disposition of unclaimed property; restrictions on bank service charges on certain instruments........................................................................HB 791 Dispossessory proceedings; tenant at sufferance ...........................................................HB 381 Duly filed mortgage; constructive notice to purchaser..................................................SB 243 Estates; letters of administration; waiver of publication..............................................HB 143 Estates; year's support; increase amount........................................................................HB 833 Fair Access to Insurance Requirements Plan; provisions .............................................SB 289 Federal estate taxes; urge Congress increase gross exemption....................................HR 103 Federal estate taxes; urge Congress increase gross exemption....................................HR 290 Georgia Land Sales Act; comprehensive revision ..........................................................HB 621 Georgia Time-Share Act; comprehensive revision .........................................................HB 622 Guardians of minors; standby guardians; appointment................................................HB 750 Hazardous sites; polychlorinated biphenyl; public notification and corrective action.................................................................................HB 818 Homestead exemption; deceased veterans; certain survivors......................................HB 667 Homestead exemption; deceased veterans; certain survivors - CA.............................HR 299 Homestead Option Sales and Use Tax Act; enact ........................................................HB 108 Indian Housing Authorities; American Indian tribes ....................................................SB 123 Insurance; redefine premium; cancellation; nonrenewal..................................................SB 51 Insurance; redefine premium; penalty for certain cancellation.....................................HB 46 Insurance; surplus line brokers; amend provisions..........................................................HB 41 Intangible personal property tax; amend provisions.....................................................HB 891 Intangible personal property tax; change certain rate provisions...................................HB 9 Intangible personal property tax; repeal.........................................................................HB 270 Intangible recording tax on long-term notes secured by real estate ...........................SB 224 Intangible recording tax; remove certain maximum limitation.......................................HB 8
Intangible tax; rate provisions; certain recordation limitation........................................HB 5
Intangible tax; repeal.............................................................................................................HB 7
Intangible tax; repeal...........................................................................................................HB 12
Intangible tax; repeal; remove certain recordation limitation.........................................HB 6
Interest and usury; interest on certain bankruptcy claims...................,.......................SB 408

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2798

INDEX

PROPERTY (Continued) Island property located within industrial area; provisions for removal......................SR 228 Judicial sales; advertisement; street address of property.............................................HB 182 Land bank authority; property acquisition; tax executions; certain transfers...............................................................................................................SB 89 Land-disturbing activities; amend provisions ................................................................HB 350 Land-disturbing activities; buffers along trout streams; state waters; permits for discharge of pollutants .......................................................SB 375 Land use restrictions; breach of covenant; statute of limitations...............................HB 299 Landlord and tenant; housing authorities; demand for possession and lease termination notice......................................................................HB 258 Landlord and tenant; notice to prospective tenant of previous flooding.............................................................................................................HB 167 Lender Self-referral Act; enact.........................................................................................HB 727 Liens of persons without privity of contract; contractor's notice of commencement..................................................................................................SB 50 Liens; preliminary notice; copy to contractor and owner.............................................HB 960 Littering public or private property or waters; penalty...............................................HB 174 Motor carriers of property or persons; amend provisions............................................HB 609 Motor vehicle used in burglary or armed robbery; forfeiture......................................HB 340 Motor vehicles; foreclosure sale; deficiency judgment..................................................HB 744 Motor vehicles; registration; county of real property ownership................................HB 105 Murderers; deny right of inheritance ..............................................................................HB 526 Nonperpetual care cemetery; certain adjacent property...............................................SB 179 Open records; exempt certain historic property and location of certain rare species of plants or animals..................................................SB 170 Pawnbrokers; licensure; provisions................................................................................HB 1032 Pawned vehicles; interest and repossession fee .............................................................HB 181 Personal property in custody of law enforcement agency; certain sales in lots.........................................................................................................HB 480 Petroleum pipeline companies; eminent domain..............................................................SB 24 Private graveyards; prohibit development......................................................................HB 391 Producer controlled property and casualty insurers; redefine controlled..........................................................................................................HB 708 Producer controlled property and casualty insurers; redefine contro!led...........................................................................................................SB 129 Property Tax Credit Act of 1995; enact............................................................................HB 38 Property tax map and parcel number; include on deeds .............................................HB 507 Property to secure debt; reversion of title; real property; certain notification to purchaser.................................................................HB 194 Real estate appraisers, brokers, and salespersons; amend provisions; property management services....................................................HB 344 Real estate brokers and salespersons; licensing; amend provisions ............................HB 343 Real property; certain notification to purchaser ...........................................................HB 793 Real property; eligibility for homestead exemptions; notification..............................HB 608 Sales tax exemption; exclude certain equipment repairs .............................................HB 915 School Property Tax Credit Act of 1995; enact...........................................................HB 1074 Superior court clerks; additional fees; automated property record system ...................................................................................................SB 114 Tangible personal property; tax exemption; increase...................................................HB 754 Tax assessment appeals; arbitrator; State Bar member...............................................HB 193 Tax assessment appeals; interest.....................................................................................HB 286
Tax assessment; notice of appeal; time for filing ..........................................................HB 110
Tax; freeport inventory exemption; additional waiver .................................................HB 652
Tax information exchange; include tax assessors........................................................HB 1026
Tax sales; judicial in rem tax foreclosure; provisions ....................................................SB 338
Title insurance; provisions................................................................................................HB 540

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INDEX

2799

PROPERTY (Continued) Torts; certain malicious acts by minor; liability of parents..........................................SB 255 Torts; certain manufacturers; product liability insurance .........................................HB 1097 Unpaid ad valorem taxes; waive certain penalties ............,...........................................HB 523 Vandalism to place of worship; felony offense; penalty ...............................................HB 859 Wills and estates; amend provisions..............................................................................HB 1030
PROTESTANT RADIO AND TELEVISION CENTER; commend....................HR 694
PSYCHOLOGISTS Behavioral and administrative orders; amend provisions ............................................HB 726 Evidence; privileged communications to, between, and among mental health care providers ............................................................................SB 223 Sexual assault by religious or pastoral counselor; define offense .............................HB 1033
PUBLIC ASSISTANCE (See Social Services)
PUBLIC BUILDINGS Chairlifts in buildings owned by certain nonprofit organizations; inapplicability of certain laws ..............................................................SB 377 Charles W. Yeargin Building; urge designation by State Board of Technical and Adult Education ........................................................HR 497 "Charles W. Yeargin Building"; urge designation by State Board of Technical and Adult Education ........................................................HR 688 Elevators, dumbwaiters, escalators, manlifts, and moving walks; violations; penalties ..............................................................................HB 269 Handicapped accessible public facilities; compliance with ADAAG standards .................................................................................................HB 653 Handicapped or elderly persons; certain facilities; affix signs....................................HB 209 House State Buildings Study Committee; create ..........................................................HR 327 James H. "Sloppy" Floyd Veterans Memorial Building; permanent display; commend World War II veterans................................................HR 55 Private residences; handicapped accessibility ..............................................................HB 1076 State office buildings; urge Georgia Building Authority designate smoking areas................................................................................................HR 302
PUBLIC HEALTH, DEPARTMENT AND BOARD OF; create .........................HB 528
PUBLIC OFFICERS AND EMPLOYEES AIDS confidential information; disclosure to coroner..................................................HB 268 Attorney General represent state; capital felony cases before Supreme Court..........................................................................................HB 837 Attorney General represent state; capital felony cases before Supreme Court - CA................................................................................HR 401 Bonded notaries public; provisions..................................................................................HB 987 Budgetary Responsibility Oversight Committee; members; Research Office; certain oversight functions..............................................................HB 233 Campaign contributions; candidate's loan to self; reimbursement.............................HB 806 Campaign contributions; disclosure; political action committees; lobbyists; prohibitions................................................................................HB 40 Campaign contributions; ordinary and necessary expenses; exclusions........................SB 18 Certain employees; termination settlement agreement; merit system; wage incentive payments......................................................................HB 214 Charitable solicitations; registration with Secretary of State......................................HB 840 Consumers' utility counsel division of Governor's Office of Consumer Affairs; create...........................................................................................HB 332 County officers; compensation provisions.......................................................................HB 654 District Attorneys' Retirement; amend provisions............................................,.........HB 1088 Education; Professional Standards Commission; merit system; employees of state schools for deaf and blind...........................................................HB 406

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2800

INDEX

PUBLIC OFFICERS AND EMPLOYEES (Continued) Elections; code of conduct for candidates; establish.......................................................HB 10 Employees' and Teachers Retirement Systems; membership as condition of employment.................................................................................................HB 17 Employees' and Teachers Retirement Systems; membership as condition of employment...............................................................................................HB 774 Employees' Retirement; additional optional allowance................................................HB 244 Employees' Retirement; administer certain judicial retirement systems...................HB 137 Employees' Retirement; assistant district attorneys; employees of Prosecuting Attorneys' Council...............................................................................HB 689 Employees' Retirement; certain county juvenile probation officers; service credit...................................................................................................HB 1062 Employees' Retirement; certain former county employees; time for obtaining credit..............................................................................................HB 1070 Employees' Retirement; certain military service credit................................................HB 245 Employees' Retirement; certain spousal benefits..........................................................HB 849 Employees' Retirement; credit; certain part-time legislative branch service .............................................................................................HB 1046 Employees' Retirement; creditable service; certain former day laborers...................HB 211 Employees' Retirement; creditable service; certain former teachers..........................HB 679 Employees' Retirement; creditable service; certain military service ................,.........HB 657 Employees' Retirement; creditable service; certain temporary service......................HB 876 Employees' Retirement; disability application; time limitation..................................HB 139 Employees' Retirement; Georgia Bureau of Investigation narcotics agents; membership.......................................................................................HB 450 Employees' Retirement; Georgia Bureau of Investigation narcotics agents; prior service credit ...........................................................................HB 449 Employees' Retirement; membership; North Georgia Mountains Authority ............HB 407 Employees' Retirement; prior service for certain inspection service; credit.............................................................................................HB 1012 Employees' Retirement; provisions; language change...................................................HB 663 Employees' Retirement; reestablishing service credit; amend.....................................HB 852 Employees' Retirement; service credit; certain prior service.......................................HB 591 Employees' Retirement; service credit; Vietnam conflict.............................................HB 118 Employees' Retirement; service credit; Vietnam conflict.............................................HB 393 Employees' Retirement; 32 years service........................................................................HB 613 Employees' Retirement; 33 years service........................................................................HB 612 Fair Campaign Practices Act; enact ................................................................................HB 312 Fair Campaign Practices Act; enact ................................................................................HB 426 Family and Children Services Division; certain payroll deductions...........................HB 927 General Assembly; expense allowance...............................................................................HB 62 General Assembly; reimbursable expenses; equipment ownership.............................HB 235 Georgia Indian Affairs Commission; establish.................................................................HB 80 Governor's budget report; include multiple-year estimates of revenue and spending projects.................................................................................HB 334 Governor; six-year term - CA .............................................................................................HR 27 Health and liability insurance; statement of policy......................................................HB 109 Indemnification; amend provisions; include certain National Guard members ...............................................................................................SB 353 Indemnification payments; death or disability..............................................................HB 564
Indian Housing Authorities; American Indian tribes ....................................................SB 123
Merit system; classified service; certain Department of Transportation employees........................................................................................HB 623
Merit system; grievance system; amend provisions.......................................................HB 481
Merit system; redefine working test period; length of period for certain Uniform Division employees..........................................................SB 204
Merit system; unclassified service; certain Labor Department personnel.................HB 261

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INDEX

2801

PUBLIC OFFICERS AND EMPLOYEES (Continued) National Guard; indemnification; law enforcement duty.............................................HB 505 Persons with disabilities; editorial revisions; public facility accessibility; government-owned vehicles; registration and license plates......................................................................................HB 601 Professional Employer Organization Act; enact............................................................HB 555 Pronouncement of death; authorize coroner or deputy ................................................HB 508 Public funds; securing of deposits; pooling of collateral............................................HB 1063 Public officers and candidates; urge propriety and civility .........................................HR 383 Public Service Commission; chairman; terms; succession............................................HB 943 Public Service Commission; composition and election - CA.........................................HR 57 Public Service Commission; districts; provisions...........................................................HB 122 Public Service Commission; election by General Assembly - CA.................................HR 58 Rail Passenger Authority; expense and travel allowances...........................................HB 777 Ratites; include in livestock definition and provisions.................................................HB 220 Secretary of State; clarify power to issue rules and regulations concerning duties of office.........................................................................SB 343 State Compensation Board; General Assembly provide by general law - CA ............HR 59 State employees; common salary increase date; relative to.........................................HR 387 State employees' health insurance plan; Georgia Housing and Finance Authority ...................................................................................................HB 382
State employees in classified service; grievance system; political activities.............................................................................................................SB 133
State employees; payroll deductions; mass transit benefit and nonprofit associations.............................................................................................HB 473
State employees; waiver of certain overtime compensation.........................................HB 387 State office buildings; urge Georgia Building Authority
designate smoking areas................................................................................................HR 302 State personnel administration; applicant for employment;
drug test requirement.......................................................................................................SB 22 State travel by personal vehicle; reimbursement of expenses.....................................HB 474 Term limits; certain officials - CA.....................................................................................HR 10 Term limits; certain officials - CA.....................................................................................HR 28 Term limits; certain officials - CA.....................................................................................HR 33 Term limits; certain officials - CA.....................................................................................HR 34 Term limits; certain officials - CA.....................................................................................HR 93 Term limits; certain officials - CA.....................................................................................HR 97 Term limits; certain officials - CA...................................................................................HR 194 Term limits; certain officials - CA...................................................................................HR 241 Term limits; certain officials - CA......................................................................................SR 30 Transportation, State Board of, and Georgia Rail Passenger
Authority; members' expenses......................................................................................HB 641
PUBLIC PROPERTY Acworth, City of; convey property...................................................................................HR 458 Atlanta, City of; Rhodes Memorial Hall; rental agreement...........................................HR 81 Baldwin, Cobb, Towns, and Walker counties; grant easements...................................SR 113 Barrow County; lease property.........................................................................................HR 234 Bartow County; confirm property ownership....................................................................SR 19 Bartow County; convey property.....................................................................................HR 419 Bartow County; convey property......................................................................................SR 269 Brooks County; convey easement.....................................................................................HR 174 Carroll County, Whitfield County, and Stephens County; convey property ...............................................................................................HR 231 Cave Spring, City of; annex property in Floyd County................................................HR 159 Certain federal grants; urge state legislative oversight.................................................HR 381 Certain property in Chatham County; remove from industrial area - CA..................HR 53 Certain property on West Point Lake; sublease............................................................HB 890

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2802

INDEX

PUBLIC PROPERTY (Continued) Chatham County; convey property...................................................................................SR 131 Clarke, Clayton, Habersham, Hart, Laurens, Mclntosh, Walker, and White counties; grant easements............................................................SR 118 Clay County; lease property; Ware County; lease property.........................................HR 376 Colquitt County; convey property....................................................................................SR 159 Colquitt County; convey property....................................................................................SR 160 Floyd County; convey property; Acworth, City of; annex property in Cobb County..............................................................................................HR 155 Fulton County and MARTA; convey property ................................................................HR 49 Gwinnett County; lease property......................................................................................SR 226 Liberty County; convey property ......................................................................................SR 119 Milledgeville, City of; convey property...........................................................................HR 334 Parks; dark sky preserves; highways and outdoor advertising signs; lighting..............................................................................................HB 942 Pelham, City of; lease property ........................................................................................HR 335 Rabun County, Troup County, Barrow County; lease property.................................HR 358 Richmond County; convey property................................................................................HR 298 Richmond County; convey property .................................................................................SR 248 Richmond County; lease property....................................................................................SR 102 State-owned marshland or water bottoms; authorization of lease for marinas or docks.............................................................................................HB 389 State Properties Commission; membership....................................................................HB 576 Stephens County; convey property..................................................................................HR 351 Tattnall County; convey property....................................................................................HR 232 Worth County; convey property.......................................................................................HR 388
PUBLIC RECORDS AIDS confidential information; disclosure to coroner..................................................HB 268
Certain criminal history records; Georgia Crime Information Center; public access......................................................................................................HB 314
Certain employees; termination settlement agreement................................................HB 214
Criminal history records; consent for release.................................................................HB 712 Education; parental authority; provisions.......................................................................HB 752
Family violence; amend report provisions; State Commission on Family Violence; membership ...........................................................SB 115
Hospitals receiving certain funds; open records; exemption........................................HB 760
Information Technology Policy Act of 1995; enact........................................................SB 293 Insurance; material acquisitions or disposition; reports...............................................HB 709 Juvenile courts; delinquency proceedings; records; hearings .......................................HB 502
Juvenile law enforcement records; inspection by school officials ...............................HB 226 Juvenile proceedings; certain cases; public access..........................................................SB 156 Legislative information; public distribution in electronic format.................................HB 53
Local government impact fiscal notes; amend provisions; municipalities; service of process ..................................................................................SB 134
Mental illness; involuntary outpatient or inpatient care; peer review groups; evaluation of certain health care providers..............................SB 93
Open records; exempt certain historic property and location of certain rare species of plants or animals.................................................................SB 170
Pardons and Paroles, State Board of; determination notice .......................................HB 207 Pardons and Paroles, State Board of; determination notice .......................................HB 279 Parent and child; in vitro fertilization; gestational surrogacy ...................................HB 1073
Patient's records; copying and mailing costs..................................................................HB 546 Peer review groups; evaluation of certain health care
providers; liability; confidentiality................................................................................SB 95
Tax information exchange; include tax assessors........................................................HB 1026

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2803

PUBLIC SAFETY, DEPARTMENT OF (Also, see Driver's License or Law Enforcement Officers and Agencies) Auxiliary Service; create within Uniform Division.........................................................SB 206 Commissioner; chief law enforcement officer for Olympics.........................................HB 740 Criminal history records; consent for release.................................................................HB 712 Driver's license; conviction records; assessment of points ...........................................HB 289 Merit system; redefine working test period; length of period for certain Uniform Division employees..........................................................SB 204 Nomenclature Act of 1995; enact.....................................................................................HB 212 Peace Officer and Prosecutor Training Fund; annual disbursement..........................SB 155 State Patrol; certain officers; retain badge after 25 years of service ..........................SB 287 Uniform Division; age requirement..................................................................................HB 714
PUBLIC SCHOOL EMPLOYEES Certain retired public school and community college employees; health insurance..........................................................................................HB 183 Local salary supplement; prohibit reduction ..................................................................SB 218 Retirement; amend provisions ..........................................................................................HB 928 Retirement; certain spousal benefits ...............................................................................HB 850 Retirement; retire after 30 years of service......................................................................HB 73 Teacher and school administrator; define; local boards; training workshops .........................................................................................................HB 154 Teachers and school personnel; contracts and criminal record checks......................HB 503 Teachers and school personnel; false certificate or credentials; penalties.......................................................................................................SB 296 Teachers Retirement; membership; public school employees......................................HB 981
PUBLIC UTILITIES AND TRANSPORTATION Aged and Disabled Transportation Task Force; recreate ..............................................HR 95 Animal care and control officers; certification.............................................................HB 1084 Blasting near underground pipes; utility responsibility ...............................................HB 247 Cellular telephone conversations; unlawful interception; prohibit publication.........................................................................................................SB 131 Cellular telephone service; regulation by Public Service Commission .......................HB 422 Certificated limousine carrier; commission permitted chauffeurs ..............................HB 820 Commercial driver's license; disqualification from driving commercial motor vehicle ..................................................................................HB 70 Commercial driver's license; disqualification from driving commercial motor vehicle .................................................................................SB 288 Consumers' utility counsel division of Governor's Office of Consumer Affairs; create...........................................................................................HB 332 Gas utility; determination of base rate ...........................................................................HB 617 Harassing telephone calling; amend provisions .............................................................HB 476 Highways; tree trimming permits; fees............................................................................HB 718 Motor carrier of property; flat-rate ad valorem tax; one-time license plate fee..............................................................................................HB 733 Motor carriers of property or persons; amend provisions............................................HB 609 Nonemergency vans and operators; regulation by Public Service Commission........................................................................................................HB 665 Petroleum pipeline companies; eminent domain..............................................................SB 24 Public Service Commission; chairman; terms; succession ............................................HB 943 Public Service Commission; composition and election - CA.........................................HR 57 Public Service Commission; districts; provisions...........................................................HB 122 Public Service Commission; election by General Assembly - CA.................................HR 58 Public Service Commission; term limits - CA..................................................................HR 10 Public Service Commission; term limits - CA..................................................................HR 28 Public Service Commission; term limits - CA................................................................HR 194 Public Service Commission; term limits - CA..................................................................SR 30

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2804

INDEX

PUBLIC UTILITIES AND TRANSPORTATION (Continued) Rail Passenger Authority; expense and travel allowances ...........................................HB 777 Regional and state-wide transportation plans; approval..............................................HB 716 Telecommunications and Competition Development Act of 1995; enact...................SB 137 Telecommunications; unincorporated areas; utility tax................................................HB 452 Telephone service; Public Service Commission divide state into regions; toll-free calling................................................................................HB 771 Telephone service; toll-free calling ..................................................................................HB 121 Telephone service; toll free within 21 miles; Universal Service Fund.......................HB 190 Telephones; toll-free calling; standard metropolitan statistical area.........................HB 295 Transportation, State Board of and Georgia Rail Passenger Authority; members' expenses ...................................................................HB 641 Utility contracting; definition...........................................................................................HB 729
PUBLICATIONS Agriculture, Commissioner of; solicit contributions for Farmers and Consumers Market Bulletin.............................................................SB 374 Cellular phone conversations; unlawful interception; prohibit publication.........................................................................................................SB 131 Child charged with certain offenses; publication of name or picture ........................HB 360 Department of Public Safety Nomenclature Act of 1995; enact; municipalities; service of process ..................................................................................SB 134
PURINGTON, BRANDON J.; commend......................................................................HR 632
PURPLE HEART HIGHWAY; designate .....................................................................SR 123
PUTNAM COUNTY Board of education; compensation...................................................................................HB 902 Homestead exemption; certain residents......................................................................HB 1019

Q

QUALITY BASIC EDUCATION (QBE) Academic subject-based education; prohibit outcome-based methods.......................HB 420 Advanced placement exam fees; private schools ............................................................SB 282 Advanced placement exam fees; private schools; educational facilities; historic landmark...........................................................................................HB 365 Alternative Schools and Reeducation Act; enact...........................................................HB 149 Certain curriculum-based assessment; suspend.............................................................HB 901 Certain school systems; local fair share calculation........................................................HB 22 Comprehensive Science Instruction and Academic Freedom Act; enact.................HB 1079 Driver's education provision; program weights..............................................................HB 404 Education; construction reserve trust fund; program weights; certain salaries .................................................................................................HB 129 Educational facilities; historic landmarks; policy provisions..........................................SB 71 Elementary and high schools; athletic activities............................................................HB 447 Local fair share funds; calculation...................................................................................HB 566 Midterm adjustments...........................................................................................................HB 11
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2805

QUALITY BASIC EDUCATION (QBE) (Continued) Midterm adjustments; training and experience ...... .......................................................HB 133 Midterm adjustments; training and experience..................... ........................................ .SB 175 Property assessment at 100% of fair market value; provide.......................................HB 831 Schools and school systems; achievement grants; comprehensive evaluations; regional educational service agencies; disciplinary sanctions ................................................................................ ....HB 145 School systems; local fair share funds; certain retention ...............................................HB 19
..................................................................................HR 719

R

RABUN COUNTY Highway 441; Department of Transportation instructed to construct without divided median ...............................................................................HR 534 Highway 441; Department of Transportation instructed to construct without divided median ................................,.........................................,....HR 535 Lease property.....................................................................................................................HR 358
RACETRACKS Georgia Agricultural Exposition Center Horse Racing Facility Study Committee; create ................................................................................HR 242 Motor vehicles racing near residential area; required exhaust equipment.........................................................................................................HB 606 Pari-mutuel wagering at horsetracks; General Assembly provide - CA....................................................................................................................HR 531
RAD BOARD AND DEVELOPERS; commend...........................................................HR 46
RADAR; permit application; speed limit approval ..........................................................SB 320
RADIO Cellular phone conversations; unlawful interception; prohibit publication.........................................................................................................SB 131 Cellular telephone service; regulation by Public Service Commission.......................HB 422 Law enforcement communications; statewide 800 MHZ radio system; relative to...........................................................................................................HR 468
RAHN, RAIFORD H.; condolences .................................................................................HR 355
RAILROADS Central of Georgia Railroad Shops Complex; designate official railroad museum .................................................................................................SB 415 Central of Georgia Railroad Shops Complex; designate official state railroad museum......................................................................................HB 954 Highways; railroad grade crossings; authority of Department of Transportation...................................................................................HB 1068 Rail Passenger Authority; expense and travel allowances ...........................................HB 777 Regional and state-wide transportation plans; approval..............................................HB 716 Transportation, State Board of, and Georgia Rail Passenger Authority; members' expenses...................................................................HB 641
RAINWATER'S GENERAL MERCHANDISE STORE; commend ....................HR 565
RAMSEY, BETSY; commend...........................................................................................HR 614
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RANDALL, HONORABLE WILLIAM C.; communications.......................Pages 840, 937
RANDALL, WILLIAM P., "DADDY BILL"; condolences .....................................HR 422
RAPE Certain crimes against elderly; prohibit parole - CA....................................................HR 412 Rape or aggravated sodomy; marital relationship not a defense; victim information statement .....................................................................SB 210
RAPER, SARAH; commend..............................................................................................HR 556
REAL ESTATE (Also, see Property) Appraisers, brokers, and salespersons; amend provisions; property management services.....................................................................................HB 344 Brokers and salespersons; licensing; amend provisions................................................HB 343 Counties and municipalities; certain unused property; disposition.............................SB 161 Georgia Land Sales Act; comprehensive revision ..........................................................HB 621 Georgia Time-Share Act; comprehensive revision.........................................................HB 622 Interest and usury; interest on certain bankruptcy claims...........................................SB 408 Superior court clerks; additional fees; automated property record system ...................................................................................................SB 114
REAPPORTIONMENT Congressional districts.......................................................................................................HB 875 House of Representatives; districts 4, 5, 6, 116, 118, 119, 128, 139, and 141....................................................................................................HB 440 Procedure; county boards of commissioners...................................................................HB 600
REDEVELOPMENT (See Buildings and Housing)
RELIGION Ad valorem tax; exempt certain vans and buses...........................................................HB 756 Chairlifts in buildings owned by certain nonprofit organizations; inapplicability of certain laws ..............................................................SB 377 Planning Committee for the Religious Community Conference on the Needs of Children; create ............................................................HR 303 Sexual assault by religious or pastoral counselor; define offense.............................HB 1033 Vandalism to place of worship; felony offense; penalty ...............................................HB 859 Voluntary group prayer in classrooms; urge Congress to restore..................................HR 23 Voluntary prayer in schools; urge Congress restore......................................................HR 404
REMINGTON, ROSEMARIE; commend .....................................................................HR 254
REPUBLIC OF SOUTH AFRICA; commend leaders; invite to House..................HR 116
RESPIRATORY CARE Medical practice; comprehensive revision of provisions...............................................HB 731
RESTAURANTS; food service; gloves and hair coverings; requirement ...................HB 620
RETIREMENT AND PENSIONS Bankruptcy and intestate insolvent estates; individual retirement accounts; exemption ...................................................................................HB 221 Certain federal pensions; income tax credit.....................................................................HB 29 Certain retired public school and community college employees; health insurance..........................................................................................HB 183 Code corrections..................................................................................................................HB 278 Computation of contributions; IRS amount...................................................................HB 327 Counties; employment benefits; exclude certain elected officials...............................HB 356 District Attorneys' Retirement; amend provisions......................................................HB 1088 District Attorneys' Retirement; assistant district attorney; prior service credit.......................................................................................HB 1006

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2807

RETIREMENT AND PENSIONS (Continued) District Attorneys' Retirement; benefits; service over 16 years..................................HB 592 Employees' and Teachers Retirement Systems; membership as condition of employment............................................................................................HB 17 Employees' and Teachers Retirement Systems; membership as condition of employment...................................................................................--....HB 774 Employees' Retirement; additional optional allowance ................................................HB 244 Employees' Retirement; administer certain judicial retirement systems...................HB 137 Employees' Retirement; assistant district attorneys; employees of Prosecuting Attorneys' Council............................................................HB 689 Employees' Retirement; certain county juvenile probation officers; service credit...................................................................................................HB 1062
Employees' Retirement; certain former county employees; time for obtaining credit..............................................................................................HB 1070
Employees' Retirement; certain military service credit................................................HB 245 Employees' Retirement; certain spousal benefits..........................................................HB 849
Employees' Retirement; credit; certain part-time legislative branch service.............................................................................................HB 1046
Employees' Retirement; creditable service; certain former day laborers...................HB 211 Employees' Retirement; creditable service; certain former teachers..........................HB 679 Employees' Retirement; creditable service; certain military service..........................HB 657 Employees' Retirement; creditable service; certain temporary service......................HB 876 Employees' Retirement; disability application; time limitation..................................HB 139
Employees' Retirement; Georgia Bureau of Investigation narcotic agent; prior service credit...............................................................................HB 449
Employees Retirement; Georgia Bureau of Investigation narcotics agents; membership.......................................................................................HB 450
Employees' Retirement; membership; North Georgia Mountains Authority............HB 407 Employees' Retirement; prior service for certain
inspection service; credit.............................................................................................HB 1012 Employees' Retirement; provisions; language change...................................................HB 663 Employees' Retirement; reestablishing service credit; amend.....................................HB 852 Employees' Retirement; service credit; certain prior service.......................................HB 591 Employees' Retirement; service credit; Vietnam conflict.............................................HB 118 Employees' Retirement; service credit; Vietnam conflict.............................................HB 393 Employees' Retirement; 32 years service........................................................................HB 613 Employees' Retirement; 33 years service........................................................................HB 612 Federal pension income; certain income taxes; claims for refunds.................................HB 3 Federal pension income; certain tax refund ...................................................................HB 243 Firemen's Pension; certain prior service; credit.............................................................HB 967 Firemen's Pension; eligible members; expand scope.....................................................HB 380 Firemen's Pension Fund; change reference....................................................................HB 138 Firemen's Pension; redefine fire department................................................,................HB 593 Fiscal retirement bills; cost reduction amendments; actuarial study.........................HB 136 Income tax; Federal Retiree Refund Act; enact ..............................................................HB 90 Income tax on federal pensions; agreement with federal office..................................HB 462 Income tax; retirement income exclusion.......................................................................HB 232 Income tax withheld on federal pensions; claim for credit............................................HB 71 Judges of the Probate Courts Retirement; benefits calculation..................................HB 845 Judges of the Probate Courts Retirement; redefine surviving spouse .......................HB 483 Judges of the Probate Courts Retirement; secretary-
treasurer's benefit...........................................................................................................HB 896
Judges of the Probate Courts Retirement; spousal benefits........................................HB 485
Judges of the Probate Courts Retirement; spouse's option.......................................HB 1015
Judges of the Probate Courts Retirement; vesting.......................................................HB 484
Legislative Retirement; certain spousal benefits...........................................................HB 851
Legislative Retirement; change formula........................................................................HB 1095

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2808

INDEX

RETIREMENT AND PENSIONS (Continued) Local systems; invest assets in equities.............................................................................HB 86 Municipal Employees Benefit; employee contributions ...............................................HB 640 Peace Officers' Annuity and Benefit; disability benefits; cessation...........................HB 958 Peace Officers' Annuity and Benefit; employment less than 40 hours a week...................................................................................................HB 1047 Peace Officers' Annuity and Benefit; state examining board investigators; membership..................................................................................HB 326 Public retirement systems; trustees; invest in corporations ........................................HB 662 Public School Employees Retirement; amend provisions............................................HB 928 Public School Employees Retirement; certain spousal benefits..................................HB 850 Public School Employees Retirement; retire after 30 years of service ........................HB 73 Regents retirement; employer's contribution .................................................................HB 173 Regents retirement; employer's contribution .................................................................HB 690 Regents retirement; invest in mutual funds...................................................................HB 172 Retirement Pay Tax Refund Act of 1995; enact .............................................................HB 32 Retirement systems; death of primary beneficiary.......................................................HB 458 Retirement systems; excess compensation; limitation..................................................HB 140 Retirement systems; investments; delete requirement .................................................HB 589 Retirement systems; veterans; service credit..................................................................HB 590 Sheriffs' Retirement; cost of living increases .................................................................HB 266 Sheriffs' Retirement; increase monthly benefit.............................................................HB 428 Sheriffs' Retirement; increase monthly benefit.............................................................HB 773 Superior Court Judges Retirement; amend provisions.................................................HB 506 Superior Court Judges Retirement; creditable service; juvenile court judge........................................................................................................HB 213 Taxable net income reduction; certain retirement contributions .............................HB 1049 Teachers or Regents Retirement; University System employees choose ...................HB 171 Teachers Retirement; break in service; reinstatement .................................................HB 977 Teachers Retirement; certain early childhood development programs; credit ..............................................................................................................HB 978 Teachers Retirement; certain early childhood development programs; credit ............................................................................................................HB 1000 Teachers Retirement; creditable service; certain county service ................................HB 531 Teachers Retirement; creditable service; certain federal service ................................HB 215 Teachers Retirement; creditable service; former Employees' Retirement member ..................................................................................HB 586 Teachers Retirement; creditable service; pregnancy absence......................................HB 588 Teachers Retirement; creditable service; unused sick leave........................................HB 311 Teachers Retirement; disability retirement; date........................................................HB 1025 Teachers Retirement; former members of certain local systems; benefits................HB 963 Teachers Retirement; loss of position; 25 years; full benefits...................................HB 1027 Teachers Retirement; membership; public school employees......................................HB 981 Teachers Retirement; postretiremen! benefit adjustment ...........................................HB 472 Teachers Retirement; provisions; language change.......................................................HB 664 Teachers Retirement; redefine earnable compensation................................................HB 309 Teachers Retirement; trustees; change terms................................................................HB 459 Teachers Retirement; 25 years of service; 50 years of age...........................................HB 671 Teachers Retirement; 55 years of age.............................................................................HB 691 Trial Judges and Solicitors Retirement; certain contributions ...................................HB 306 Trial Judges and Solicitors Retirement; delete certain reference...............................HB 782 Trial Judges and Solicitors Retirement; spousal benefits............................................HB 743 Unemployment compensation; entitlement; early retirement .....................................HB 367
REVENUE (See Taxation and Revenue)
REVENUE BONDS Housing and finance authority; facilitate economic development ..............................HB 323 Redefine undertaking; include jails.................................................................................HB 349

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2809

RICHARDS, ESSIE M.; commend .................................................................................HR 525
RICHARDSON, ELDER DONALD N.; condolences................................................HR 523
RICHARDSON, JENNIFER; commend .......................................................................HR 559
RICHMOND COUNTY Augusta-Richmond County Commission-Council; governing authority of Richmond County...................................................................................HB 1054 Augusta-Richmond County Commission-Council; provisions......................................HB 805 Convey property..................................................................................................................HR 298 Convey property..................................................................................................................SR 248 Environmental contamination; collaboration of health effort .....................................HR 461 Environmental contamination; urge relocation of residents........................................HR 460 Lease property.....................................................................................................................SR 102 Reorganize government; Augusta, City of; repeal charter..........................................HB 1051 Reorganize government; Augusta, City of; repeal charter..........................................HB 1056 Reorganize government; Hephzibah, City of; repeal charter.....................................HB 1050 Reorganize government; Hephzibah, City of; repeal charter.....................................HB 1055 School or team colors or mascot.....................................................................................HB 1042
RIDGELAND LADY PANTHERS 1994 VARSITY SOFTBALL TEAM; commend..............................................................................................................HR 691
RIGDON, LAURA LEE; commend.................................................................................HR 202
RILEY, JASON H.; commend..........................................................................................HR 634
RISLEY HIGH SCHOOL; commend .............................................................................HR 410
RIVERS AND LAKES Aquatic Plant Control Act; enact.....................................................................................HB 156 Boats; amend certain boating safety zone......................................................................HB 930 Certain property on West Point Lake; sublease............................................................HB 890 Game fish; creel and possession limits; trout waters; move certain streams from list with seasons to list without seasons......................SB 201 Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses...................................................................................HB 276 Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses....................................................................................SB 111 Homicide by watercraft; define offense...........................................................................HB 223 Littering public or private property or waters; penalty...............................................HB 174 Pilots and pilotage; amend; docking pilots; provisions.................................................HB 732 Pilots and pilotage; amend provisions.............................................................................HB 489 State waters; permits for discharge of pollutants; land-disturbing activities; buffers along trout streams..............................................SB 375 Watercraft accidents; duty to stop or return to scene..................................................HB 225 Watercraft; certificate of title; provisions.....................................................................HB 1045
ROBINSON, JAMES D. Ill; commend.........................................................................HR 667
ROBINSON, PROFESSOR MARGARET CHISHOLM; commend ....................HR 226
ROCKDALE COUNTY Board of commissioners; advertising of bids...................................................................SB 399 Board of elections and registration; create.....................................................................HB 808 Board of elections and registration; create......................................................................SB 364 Director of finance; appoint...............................................................................................SB 401 Expenditures; advertising for bids...................................................................................HB 858 Magistrate court; law library fees ....................................................................................HB 809

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ROCKDALE COUNTY (Continued) Magistrate court; law library fees .....................................................................................SB 345 Water and sewerage authority; create..............................................................................SB 472
ROLAND, CARL E. "EDDIE"; commend .......................................................................SR 50
ROSA M. TARBUTTON MEMORIAL LIBRARY; designate ..............................HR 161
ROSS, DR. HUBERT B.; condolences............................................................................HR 584
ROSWELL, CITY OF; homestead exemption; certain residents................................HB 810
ROTARY INTERNATIONAL DISTRICT #6910 Rotary Youth Leadership Award (RYLA) program; commend..................................HR 453
RUCKS, BRANDIE Commend .............................................................................................................................HR 138 Commend.............................................................................................................................HR 147
RUSSELL, BOBBIE; condolences...................................................................................HR 640

SALES AND USE TAX Business and manufacturing facilities; tax credits; amend provisions.......................HB 336 Certain motor fuel; exemption..........................................................................................HB 688 Certain sales and use tax; increase rate............................................................................HB 82 Compensation for collecting................................................................................................HB 99 County and municipal sales tax; redefine qualified municipality...............................HB 748 Domestic motor fuel; exemption......................................................................................HB 961 Educational purposes - CA ...............................................................................................HR 513 Exempt certain charitable fund-raisers...........................................................................HB 291 Exempt certain food items................................................................................................HB 142 Exempt certain food items................................................................................................HB 265 Exempt certain granite manufacturing materials..........................................................HB 292 Exempt certain motor carriers of property....................................................................HB 798 Exempt certain off-road equipment for forestry harvesting........................................HB 567 Exempt certain off-road equipment; revise provisions ...................................................HB 33 Exempt certain off-road timber equipment; declare legislative intent..............................................................................................................HR 408 Exempt certain organizations receiving public funds ...................................................HB 384 Exempt certain sales by parent-teacher organizations.................................................HB 402 Exempt certain sales by parent-teacher organizations.................................................HB 684 Exempt equipment used for drying farm crops.............................................................HB 127 Exemption; exclude certain equipment repairs .............................................................HB 915 Farm equipment, milling machinery, and farm related machinery; routine repair not fabrication.....................................................................HB 94 Food; phased-in exemption...............................................................................................HB 331 Food Sales Tax Credit Act of 1995; enact......................................................................HB 445 Food Sales Tax Credit Act of 1995; enact......................................................................HB 448 Homestead Option Sales and Use Tax Act; enact ........................................................HB 108 Joint county and municipal sales tax; referendum; resubmission ..............................HB 537 Local sales tax; maximum percent; exempt MARTA...................................................HB 693 National sales tax to replace federal income tax; urge Congress impose ..................HR 240 On food; proceeds used for property tax relief - CA ......................................................HR 37 Phased-in exemption; certain foods and drugs................................................................HB 26
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2811

SALES AND USE TAX (Continued) School district sales tax; General Assembly authorize by general law - CA........................................................................................................HR 263 Special county 1% sales tax; consolidated government...............................................HB 249 Special county 1% sales tax; educational purposes......................................................HB 298 Special county 1% sales tax; expiration; reimposition.................................................HB 562 Special county 1% sales tax; imposition procedures; ballot question........................HB 604 Special county 1% sales tax; regional jails.....................................................................HB 346 Special county 1% sales tax; sidewalks, bicycle paths, consolidated governments; certain exemption; not applicable................................HB 161 Special county 1% sales tax; time limitation...................................................................HB 98 Special purpose county sales tax; educational purposes - CA.......................................HR 50 Special purpose county sales tax; educational purposes - CA.....................................HR 400 Special purpose county sales tax; educational purposes; General Assembly authorize - CA................................................................................HR 158 Special purpose county sales tax; sharing by counties, municipalities, and school systems - CA......................................................................SR 180
SALTER, WILLIAM J.; commend .................................................................................HR 620
SAMPLE, DR. MAXINE; commend...............................................................................HR 347
SAMPLES, AMANDA; commend ...................................................................................HR 557
SANDY SPRINGS, CITY OF; incorporate ..................................................................HB 638
SAVANNAH-CHATHAM LEAGUE OF WOMEN VOTERS; commend...........HR 340
SAVANNAH, CITY OF International and Maritime Trade Center Authority; create......................................HB 914 Savannah St. Patrick's Day Parade Committee; invite representatives and grand marshal to House.............................................................HR 462
SAVANNAH COLLEGE OF ART AND DESIGN; commend...............................HR 107
SAVANNAH HIGH SCHOOL SYMPHONIC BAND; commend.........................HR 588
SAVANNAH ST. PATRICK'S DAY PARADE COMMITTEE Invite representatives and grand marshal to House.....................................................HR 462
"SAVE THE CHILDREN DAY"; invite Sally Struthers to House..........................HR 350
SCHANCHE, DON A.; condolences.................................................................................HR 706
SCHOOL PARTNERSHIP PROGRAM Educators of Newcastle Upon Tyne, England, and Catoosa County; commend...........................................................................................................HR 714
SCHOOLS (Also, see Education) Alternative Schools and Reeducation Act; enact...........................................................HB 149 Anti-litter pledge; urge elementary school program......................................................HR 439 Athletic activities................................................................................................................HB 447 Certain students; motor vehicle insurance premium reduction ...................................SB 129 Charter Schools Act of 1995; enact...........................................................................,......HB 465 Charter schools; amend provisions..................................,....................,..............................SB 54 Comprehensive Science Instruction and Academic Freedom Act; enact .................HB 1079 Curriculum; include family violence and child abuse prevention course...................HB 885 Disciplinary problem student; parental conference..........................................................SB 31 Disciplinary sanctions........................................................................................................HB 145 Discipline; permanent expulsion; readmission ...............................................................HB 794 Education; certificated personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures.........................................................................................................SB 281

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SCHOOLS (Also, see Education) (Continued) Home economics study to include parenting instruction................................................SB 68 Joint Study Committee on School Construction; create........................................,.....HB 417 Mandatory education; age requirement..........................................................................HB 547 Picking up or discharging passengers; prohibit in certain school zones....................HB 939 Private schools; advanced placement exam fees; educational facilities; historic landmark.....................................................................HB 365 Private schools; advanced placement exams; fees ..........................................................SB 282 Private schools; auxiliary child care; licensing...............................................................HB 536 Public and private schools; encourage plan for emergencies.......................................HR 210 Public School Disciplinary Tribunal Act; amend..........................................................HB 479 Sales tax; exempt certain sales by parent-teacher organizations................................HB 402 Sales tax; exempt certain sales by parent-teacher organizations................................HB 684 School-based nutrition programs; urge continued federal funding.............................HR 482 School facilities; minimum requirements; delete repealer............................................HB 644 School Property Tax Credit Act of 1995; enact...........................................................HB 1074 Sex education and AIDS instruction; limitations..........................................................HB 711 Special education; students in general program; funding............................................HB 500 Student with weapon at school; provisions for expulsion............................................HB 866 Textbooks; additional procedure for adding to approved list........................................SB 52 Textbooks; approved list; change method of selection...................................................HB 15 Unused school buildings; local boards offer as gifts to county or municipality...................................................................................................HB 989 Voluntary prayer in schools; urge Congress restore ......................................................HR 404
SCOGGINS, DONALD B.; commend.............................................................................HR 613
SCOTT, HAZEL; commend ...............................................................................................HR 541
SCOTT, MARY; condolences.............................................................................................HR 726
SCREVEN COUNTY HIGH SCHOOL GAMECOCKS FOOTBALL TEAM; commend.....................................................................................HR 443
SEAT BELTS Failure to restrain child; penalty.....................................................................................HB 701 Requirements for minors......................................................................................................SB 79
SECRETARY OF STATE Charitable solicitations; registration................................................................................HB 840 Clarify power to issue rules and regulations concerning duties of office..................................................................................................................SB 343 Communications...........................................................................................................Pages 1, 61
SECURITIES Contested cases; assistant commissioner decide ............................................................HB 705 Effectiveness of registration; clarification.......................................................................HB 992 Intangible personal property tax; repeal.........................................................................HB 270 Multilevel distribution companies; redefine business opportunity; include pushcart and kiosk....................................................................HB 824
SENATE Bills and resolutions; joint sponsorship ...........................................................................SB 128 General Assembly; certain vacancies; Governor appoint - CA....................................HR 292 General bills increasing taxes or fees; approval - CA ...................................................HR 105 General bills increasing taxes or fees; approval - CA ...................................................HR 119 General bills raising revenue; two-thirds vote - CA........................................................HR 51 General bills raising revenue; two-thirds vote required - CA.........................................SR 61 Housing Affordability Impact Note Act; enact.................................................................SB 97 Joint session; Governor's message......................................................................................HR 15

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2813

SENATE (Continued) Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges....................................................................HR 16 Joint session; message from Chief Justice of Supreme Court.......................................HR 17 Joint session; relative to inauguration..................................................................................SR 9 Legislative Services Committee; membership ..................................................................HB 60 Notify Governor; General Assembly convened ................................,..................................SR 8 Notify House; Senate convened...................................................................,........................SR 6 Notify Senate; House convened.........................................................................................HR 13 Public Service Commission; election by General Assembly - CA.................................HR 58 Reimbursable expenses; equipment ownership..............................................................HB 235 Term limits - CA ..................................................................................................................HR 10 Term limits - CA ..................................................................................................................HR 33 Term limits - CA ..................................................................................................................HR 34 Term limits - CA ..................................................................................................................HR 97 Term limits - CA ................................................................................................................HR 194 Term limits - CA ................................................................................................................HR 241 Term limits - CA ...................................................................................................................SR 30 Term limits; change term to 4 years - CA........................................................................HR 28 Term limits; change term to 4 years - CA........................................................................HR 93 Travel expenses and per diem; urge exclusion from income for purposes of federal income tax and social security.............................................HR 264
"SENIOR WEEK AT THE CAPITOL"; declare February 14-16, 1995..................HR 121
SENTENCING Appeal from death sentence; consolidated single appeal ...............................................HB 57 Commission of crime while incarcerated...........................................................................HB 25 Convicted felon; ineligible for parole...............................................................................HB 929 Criminal procedure; conviction of crime committed while in prison; consecutive service of sentence....................................................................SB 406 Criminal sentences; appellate and habeas corpus review; time limit - CA..................................................................................................................HR 25 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 661 Deadlocked jury; death or life imprisonment; judge render verdict...........................HB 666 Death penalty; televise executions .................................................................................HB 1085 Habeas corpus petition; death sentence; priority ..........................................................HB 736 Parole or probation; revocation; bond pending hearing ...............................................HB 509 Probation; certain offenses; termination of supervision...............................................HB 437 Repeat offenders; second felony conviction; prohibit probation or boot camp..................................................................................................SB 285 Sentence circumvention; define offense ..........................................................................HB 315
SEUBOTT, SISTER MARY ALVIN; commend ........................................................HR 256
SEXUAL OFFENSES Abuse of incompetent persons; hearsay statements......................................................HB 368 AIDS and HIV impact on health care systems; prepare report..................................HR 374 Alcoholic beverage sales; prohibited conduct on premises; repeal; reenact.................................................................................................................HB 239 Certain crimes against children; pretrial discovery; depositions of physicians...............................................................................................HB 290 Certain serious violent felony cases; limitations upon granting of bail........................SB 81 Child Protection Act of 1995; change minimum age to 16 ..........................................HB 377 County and Municipal Probation Advisory Council; provisions; Community Service Pilot Project; establish ...........................................HB 435 Evidence; certain statements made by child; child abuse; provisions; define sexual abuse.....................................................................................HB 155 Hearsay; certain statements made by child; admissibility............................................SB 124

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2814

INDEX

SEXUAL OFFENSES (Continued) Pardons and paroles; sex offenders; amend provisions.................................................HB 416 Penal institutions; sexually violent predator; registration requirements.......................................................................................................................SB 53 Rape or aggravated sodomy; marital relationship not a defense; victim information statement .....................................................................SB 210 Sex education and AIDS instruction; limitations..........................................................HB 711 Sex offenders; condition of parole; notification of residence.......................................HB 672 Sexual assault by religious or pastoral counselor; define offense.............................HB 1033 Sexually explicit performances; prohibit minors ...........................................................HB 241 Statutory rape, child molestation, and enticing a child for indecent purposes; redefine offenses......................................................................SB 140 Torts; sexual harassment; right of action .......................................................................HB 560
SHADY DALE, CITY OF; new charter .........................................................................HB 898
SHAW, HONORABLE JAY Committee assignment.......................................................................................................Page 63 Communications .....................................................................................................Pages 161, 162 Election................................................................................................................................Page 62 Oath of office ......................................................................................................................Page 62
SHEPPARD, DEBORAH; commend..............................................................................HR 591
SHERIFFS Counties and municipalities; contracts for regional facilities; limitations........................................................................................................SB 126 Deposits in interest-bearing accounts..............................................................................HB 198 Pardons and paroles; sex offenders; amend provisions.................................................HB 416 Personal property in custody of law enforcement agency; certain sales in lots.........................................................................................................HB 480 Raffles; tax-exempt organizations; provisions................................................................HB 456 Regional jail authorities; create........................................................................................HB 345 Retirement; cost of living increases .................................................................................HB 266 Retirement; increase monthly benefit.............................................................................HB 428 Retirement; increase monthly benefit .............................................................................HB 773 Service of process and returns..........................................................................................HB 366 Sex offenders; condition of parole; notification of residence.......................................HB 672
SHIPP, ROBERT L., JR.; commend ..............................................................................HR 423
SKIRLING, SGT. CHARLES AND SGT. MIKE FERROS; commend..............HR 300
SILVER-HAIRED LEGISLATURE; commend.........................................................HR 250
SIMS, KANDY C.; commend............................................................................................HR 713
SINOR, EARL PERRY AND ERMA SEARS; commend.......................................HR 563
SINOR, EARL PERRY "SKIPPER"; commend ........................................................HR 527
SKANDALAKIS, MITCH; invite to House..................................................................HR 106
SKARPALEZOS, GEORGE AND SHERYL; commend..........................................HR 296
SLEDGE, WILLIAM; commend ......................................................................................HR 721
SMITH, DR. MARTIN AND LETRELL SIMPSON; commend..........................HR 484
SMITH, DR. W. CHES, III; commend...........................................................................HR 446
SMITH, GEORGE O., "CHIP"; commend ....................................................................HR 628

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2815

SMITH, HONORABLE VANCE, JR.; communication...........................................Page 381
SMITH, HONORABLE WILLOU; communication ...................................................Page 60
SMITH, MALCOLM R.; condolences.............................................................................HR 470
SMITH, REVEREND ARTHUR; commend................................................................HR 615
SMITH, RUBY AND JACK; commend ........................................................................HR 378
SMYRNA, CITY OF; unpaid ad valorem taxes; interest and penalties ....................HB 995
SOCIAL CIRCLE, CITY OF; mayor and council; districts ........................................SB 474
SOCIAL SERVICES Ad valorem tax; low-income housing renovation exemption - CA................................HR 12 Adult residential care homes; provisions ........................................................................HB 460 Aid to dependent children; AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility; employment of principal wage-earner.........................................................................HB 570 Aid to dependent children; AFDC recipients; repeal provisions; amend provisions........................................................................................HB 461 Aid to dependent children; affidavits regarding paternity; requirements .................................................................................................HB 787 Aid to dependent children; automated fingerprint matching system; provisions .........................................................................................HB 512 Aid to dependent children; employment of principal wage-earner; prohibit denial of assistance..................................................................HB 784 Aid to dependent children; means-tested programs; statistical summaries ......................................................................................................HB 783 Aid to dependent children; public assistance recipients; certain disqualification...................................................................................................HB 786 Aid to dependent children; public assistance recipients; required residence...........................................................................................................HB 785 Aid to dependent children; redefine assistance; terminate money payments.............................................................................................................HB 788 Aid to dependent children; Work First Program; medicaid eligibility......................HB 353 Alzheimer's disease; disclosure of information; Osteoporosis Prevention and Treatment Education Act; enact .....................................................HB 558 Assisted living facilities; regulation..................................................................................HB 443 Blind, Division of and Advisory Commission for; create .............................................HB 216 Certain adoptions; remove limitation on financial assistance.....................................HB 253 Children and Youth Services, Department of; contributions ......................................HB 646 Evidence; certain statements made by child; child abuse; provisions; define sexual abuse.....................................................................................HB 155 Family Caregiver Support Act; in-home grants .............................................................HB 587 Family-planning services; availability..............................................................................HB 324 Income tax credit; health care provider; volunteer services........................................HB 847 Income tax; low-income credits; revise provisions...........................................................HB 35 Individual and Family Support Act of 1995; enact.......................................................HB 262 Juvenile proceedings and parental rights; extensive revision......................................HB 737 Medicaid recipients; reimbursement from estates; urge repeal.....................................HR 22 Paternity petition; appointment of guardian ad litem.................................................HB 339 Persons with disabilities; editorial revisions; public facility accessibility; government-owned vehicles; registration and license plates ......................................................................................HB 601 Policy Council for Children and Families; create...........................................................SB 256 Private schools; auxiliary child care; licensing...............................................................HB 536 Public assistance; fraud; additional penalty...................................................................HB 453

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2816

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SOCIAL SERVICES (Continued) Public assistance; LEARNFARE pilot program; school attendance required.........................................................................................................SB 298 Public assistance; vehicles transporting recipients; requirements..............................HB 499 Public Health, Department of and Board of; create.....................................................HB 528 Welfare fraud; definitions; penalties ................................................................................SB 446 William E. "Bill" Ireland Youth Development Campus and J. L. Turner Bridge; designate........................................................................................SR 12 William E. "Bill" Ireland Youth Development Campus; designate ...........................HR 262 Youthbuild Program Act; enact ........................................................................................SB 315
SOLID WASTE Anti-litter pledge; urge elementary school program......................................................HR 439 Counties and municipalities; sanitation collection services; certain regulation ............................................................................................HB 723 Disposal of tires; permits...................................................................................................HB 439 Facilities; certain counties; approval ...............................................................................HB 158 Facilities; limit number permitted...................................................................................HB 394 Facilities; limit number within certain geographic areas ................................................SB 32 Intergovernmental Solid Waste Coordinating Council; create ....................................HB 148 Municipal disposal facilities; surcharges.........................................................................HB 735
SOSEBEE, RICHARD W., JR.; commend....................................................................HR 637
SOUTH GWINNETT HIGH SCHOOL Girls basketball team; commend......................................................................................HR 539 Mock trial team; commend...............................................................................................HR 692
SPALDING COUNTY Griffin-Spalding County Charter and Unification Commission; create......................SB 419
SPANGENBERG, ELVA; condolences...........................................................................HR 285
SPEAKER OF THE HOUSE Communications...............................................................................................Pages 63, 159, 161 Election..................................................................................................................................Page 5
SPORTS Alcoholic beverages; consumption on premises; Olympic events ................................HB 583 Amateur boxing promotion; State Boxing Commission; authorized to contract with certain nonprofit organizations......................................SB 35 Athletic activities; elementary and high schools............................................................HB 447 Bovine professionals engaged in bovine activities; liability.........................................HB 565 Chief law enforcement officer for Olympics; commissioner of public safety................................................................................................................HB 740 Golf Hall of Fame Board; executive subcommittee ......................................................HB 686 Olympics and Paralympics; certain imported items; suspend taxation .....................HB 398 Public stadium, auditorium, or arena; certain mascot; breach of contract...........................................................................................................HB 130 Special license plates; supporting 1996 Paralympic Games in Atlanta ......................SB 263 Ticket sales and resales; ticket brokers...........................................................................HB 516
SPRAYBERRY HIGH SCHOOL Commend.............................................................................................................................HR 253 Marching "band of gold"; commend...............................................................................HR 641
ST. MARYS, CITY OF Cumberland Island and St. Marys; urge certain action by National Park Service ..............................................................................................HR 316
STALEY, HONORABLE MARY ELLEN; commend...............................................HR 336

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2817

STALKING AND AGGRAVATED STALKING Aggravated stalking; violation of peace bond or temporary protective order...............................................................................................................HB 415 Bailable offenses and appeal bonds; aggravated stalking.............................................HB 413 Stalking; redefine; peace bond violation.........................................................................HB 414
STANCIL, JENNIFER; commend..................................................................................HR 149
STANLEY, STEPHEN AND ROBERT LEE; commend ........................................HR 617
STATE COURTS OF COUNTIES Bailiffs; compensation; increase per diem.......................................................................HB 769 Bailiffs; maximum compensation ......................................................................................SB 257 County executive or judicial officers and employees; insurance and retirement benefits ...............................................................................HB 217 Deferred partial payment of judgments...........................................................................SB 434 Judges, solicitors, district attorneys; additional qualification .....................................HB 700
STATE EMPLOYEES Certain employees; termination settlement agreement; merit system; wage incentive payments ......................................................................HB 214 Common salary increase date; relative to.......................................................................HR 387 Employees' and Teachers Retirement Systems; membership as condition of employment............................................................................................HB 17 Employees' and Teachers Retirement Systems; membership as condition of employment ..........................................................................................HB 774 Family and Children Services Division; certain payroll deductions ...........................HB 927 Health insurance plan; Georgia Housing and Finance Authority...............................HB 382 Merit system; classified service; certain Department of Transportation employees.............................................................................................HB 623 Merit system; grievance system; amend provisions.......................................................HB 481 Merit system; unclassified service; certain Labor Department personnel.................HB 261 Merit System; urge recruiting from Georgia's colleges and universities....................HR 581 Payroll deductions; mass transit benefit and nonprofit associations .........................HB 473 Retirement; additional optional allowance .....................................................................HB 244 Retirement; administer certain judicial retirement systems........................................HB 137 Retirement; assistant district attorneys; employees of Prosecuting Attorneys' Council ....................................................................................HB 689 Retirement; certain county juvenile probation officers; service credit..................................................................................................................HB 1062 Retirement; certain former county employees; time for obtaining credit.............................................................................................................HB 1070 Retirement; certain military service credit.....................................................................HB 245 Retirement; certain spousal benefits ...............................................................................HB 849 Retirement; credit; certain part-time legislative branch service...............................HB 1046 Retirement; creditable service; certain former day laborers........................................HB 211 Retirement; creditable service; certain former teachers...............................................HB 679 Retirement; creditable service; certain military service................................................HB 657 Retirement; creditable service; certain temporary service...........................................HB 876 Retirement; disability application; time limitation.......................................................HB 139 Retirement; Georgia Bureau of Investigation narcotics agents; membership........................................................................................................HB 450 Retirement; Georgia Bureau of Investigation narcotics agents; prior service credit............................................................................................HB 449 Retirement; North Georgia Mountains Authority; membership.................................HB 407 Retirement; prior service for certain inspection service; credit.................................HB 1012 Retirement; provisions; language change ........................................................................HB 663 Retirement; reestablishing service credit; amend ..........................................................HB 852 Retirement; service credit; certain prior service............................................................HB 591

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STATE EMPLOYEES (Continued) Retirement; service credit; Vietnam conflict..................................................................HB 118 Retirement; service credit; Vietnam conflict..................................................................HB 393 Retirement; 32 years service.............................................................................................HB 613 Retirement; 33 years service.............................................................................................HB 612 State auditor; annual personnel report; amend provisions ..........................................HB 578 State office buildings; urge Georgia Building Authority designate smoking areas................................................................................................HR 302 State personnel administration; applicant for employment; drug test requirement.......................................................................................................SB 22 State travel by personal vehicle; reimbursement of expenses .....................................HB 474 Torts; sexual harassment; right of action .......................................................................HB 560 Waiver of certain overtime compensation ......................................................................HB 387
STATE GOVERNMENT Additional county; authorize creation - CA ...................................................................HR 322 Administrative Services, Department of; central bid registry; provisions..........................................................................................................HB 696 American and state flags; display; certain holidays......................................................HB 180 Appropriation and expenditure of state funds; revise procedures - CA........................HR 2 Attorney General represent state; capital felony cases before Supreme Court....................................................................................................HB 837 Attorney General represent state; capital felony cases before Supreme Court - CA..........................................................................................HR 401 Automated teller machines and cash-dispensing machines; install at welcome centers .............................................................................................HB 147 Behavior inconsistent with laws of state; prohibit state funds...................................HB 694 Blairsville Sorghum Festival; designate official sorghum festival...............................HR 156 Budgetary Responsibility Oversight Committee; members; Research Office; certain oversight functions ..............................................................HB 233 Budget; limit growth to gross state product growth - CA..............................................HR 98 Campaign contributions; prohibitions.............................................................................HB 864 Central of Georgia Railroad Shops Complex; designate official state railroad museum......................................................................................HB 954 Central of Georgia Railroad Shops Complex; designate official state railroad museum.......................................................................................SB 415 Certain employees; termination settlement agreement; merit system; wage incentive payments......................................................................HB 214 Certain purchases; state of emergency; Emergency Management Agency ................HB 288 Claims Advisory Board; certain payments; repeal provisions......................................HB 836 Conference of the States; issue call.................................................................................HR 280 Development authorities; additional powers ..................................................................HB 363 Economic parity assessment; authorize study by Department of Audits and Accounts...........................................................................HR 243 Educators; Professional Practices Commission tribunal; assistance by Office of Administrative Hearings........................................................SB 294 English; designate official language.................................................................................HB 378 English; designate official language....................................................................................SB 49 Fraudulent issuance of personal identification cards; define offense..........................SB 253 Georgia Crime Information Center; certain criminal history records; public access.....................................................................................................HB 314 Georgia Indian Affairs Commission; establish.................................................................HB 80 Golf Hall of Fame Board; executive subcommittee ......................................................HB 686 Government agency; party in trial; instructions to jury.................................................HB 28 Governor's Council on Developmental Disabilities; create ...........................................SB 239 House Efficiency, Economy, and Management in State Government Study Committee; create........................................................................HR 413 House Privatization Review Committee; create.............................................................HR 366

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2819

STATE GOVERNMENT (Continued) House State Buildings Study Committee; create ..........................................................HR 327 House Study Committee on Privatization of State Governmental Services; create................................................................................................................HR 104 Housing Affordability Impact Note Act; enact.................................................................SB 97 Housing and finance authority; facilitate economic development..............................HB 323 Information Technology Policy Act of 1995; enact........................................................SB 293 Institute for Community Business Development; create...............................................SB 404 Institute for Community Economic Development; create............................................HB 739 Intergovernmental Solid Waste Coordinating Council; create....................................HB 148 James H. "Sloppy" Floyd Veterans Memorial Building; permanent display; commend World War II veterans................................................HR 55 Joint Privatization Review Committee; create...............................................................HR 365 Law enforcement officers; residence in high crime area; financing ............................HB 429 Legislative information; public distribution in electronic format.................................HB 53 Lottery; age for ticket purchasing; drawing time prohibition ...................................HB 1087 Lottery; fidelity fund provisions .......................................................................................SB 400 Lottery proceeds; change net proceeds percentage .......................................................HB 521 Lottery; redefine major procurement contract...............................................................HB 325 Miss Georgia; designate official state honorary hostess ...............................................HB 892 Office of inspector general; create - CA............................................................................HR 77 Open records; exempt certain historic property and location of certain rare species of plants or animals..................................................SB 170 Parks; dark sky preserves; highways and outdoor advertising signs; lighting ..............................................................................................HB 942 Peach; designate as official state fruit ............................................................................HB 559 Peanut; designate as official state crop...........................................................................HB 124 Poultry Capital of the World; designate Georgia..........................................................HB 594 Privatization Review Committee; create.........................................................................HB 434 Professions and businesses; amend licensing provisions; examining board investigators; membership in Peace Officers' Annuity and Benefit Fund............................................................................HB 326 Public employment, education, contracting; prohibit discrimination - CA........................................................................................................HR 154 Public funds; securing of deposits; pooling of collateral............................................HB 1063 Public Health, Department and Board of; create .........................................................HB 528 Public stadium, auditorium, or arena; certain mascot; breach of contract...........................................................................................................HB 130 Regional development centers; ratify boundaries..........................................................HR 323 Rural facilities economic development; criteria for authorization................................HB 97 Sales tax exemption; certain organizations receiving public funds ............................HB 384 Sovereign immunity; waiver; liability............................................................................HB 1077 Spoken languages; policy of state ....................................................................................HR 357 State and local facilities; flags displayed on Veterans Day; include POW-MIA flag............................................................................................SB 25 State auditor; annual personnel report; amend provisions ..........................................HB 578 State auditor; statistical duties; certain Department of Transportation contracts ..........................................................................................HB 328 State contracts; minority business participation...........................................................HB 313 State contracts; minority business participation ..............................................................SB 73
State correctional system; five-year plan regarding operation; urge Department of Corrections develop..................................................SR 137
State employees in classified service; grievance system; political activities ..............................................................................................SB 133
State flag; change design.....................................................................................................HB 84
State Flag Commission for the Olympic Games; create .................................................HR 52
State flag; new design; required display.........................................................................HB 615

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STATE GOVERNMENT (Continued) State Museum and State Library Study Commission; recreate..................................HR 122 State office buildings; urge Georgia Building Authority designate smoking areas................................................................................................HR 302 State powers; claim sovereignty under U. S. Constitution..............................................HR 5 State powers; claim sovereignty under U. S. Constitution..............................................HR 8 State powers; claim sovereignty under U. S. Constitution............................................HR 11 State powers; claim sovereignty under U.S. Constitution ........................................SR 1 State Properties Commission; membership....................................................................HB 576 State sovereignty; restate....................................................................................................HR 76 State travel by personal vehicle; reimbursement of expenses .....................................HB 474 Telephone service; Public Service Commission divide state into regions; toll-free calling................................................................................HB 771 Telephone service; toll free within 21 miles; Universal Service Fund .......................HB 190 Vehicles; 5-year registration and license plates.............................................................HB 601 Vehicular pursuit of person fleeing from police; liability for damage or injury........................................................................................HB 457 Wildlife; certain claims against state.............................................................................HB 1094
STATE PATROL (See Law Enforcement Officers and Agencies or Public Safety, Department of)
STATE PROPERTY (See Public Property)
STATESBORO, CITY OF; amend provisions...............................................................HB 979
STEPHENS COUNTY Convey property..................................................................................................................HR 231 Convey property..................................................................................................................HR 351
STEPHENS, JILL; commend...........................................................................................HR 139
STERILIZATION; physician's explanation; include risks ...........................................HB 870
STEVENS, JAMES WILLIAM "JAMEY"; commend .............................................HR 654
STEWART COUNTY; education districts .....................................................................HB 385
STEWART, CURTIS; commend ......................................................................................HR 208
STONE MOUNTAIN JUDICIAL CIRCUIT; judges; increase supplement.........HB 823
STOVALL, DAVID; commend .........................................................................................HR 178
STRAUSS, DUSTIN L.; commend .................................................................................HR 625
STRICKLAND, ROBERT; condolences ........................................................................HR 286
STRUCTURAL PEST CONTROL Applicants; examination....................................................................................................HB 734 Commission; applicant examinations ...............................................................................SB 351
SUIT, HAL; condolences.....................................................................................................HR 529
SULLENS, MR. AND MRS. KENNETH; compensate ..............................................HR 82
SUMNER, TOWN OF; new charter.................................................................................HB 817
SUMTER COUNTY; board of commissioners; compensation.....................................HB 442
SUPERIOR COURTS Appellate courts; assistance of other judges; provisions................................................SB 279 Bailable offenses and appeal bonds; aggravated stalking.............................................HB 413 Bailable offenses; felonies; victim notification.................................................................HB 56

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2821

SUPERIOR COURTS (Continued) Bailiffs; compensation; increase per diem.......................................................................HB 769 Bailiffs; maximum compensation......................................................................................SB 257 Certain judicial retirement systems; Employees' Retirement administer....,.............HB 137 Clerks' Cooperative Authority; amend provisions.........................................................HB 886 Courts; certain fines; victim assistance; superior court clerks; additional fees; automated property record system.......................................SB 114 Death Penalty Habeas Corpus Reform Act of 1995 ......................................................SB 113 Family violence cases; fees; amend provisions................................................................SB 117 Judges Retirement; amend provisions.............................................................................HB 506 Judges Retirement; creditable service; juvenile court judge........................................HB 213 Judges, solicitors, district attorneys; additional qualification.....................................HB 700 Juvenile proceedings; transfer certain cases from superior court ...............................HB 515 New judgeships; salary supplements; legal ads............................................................HB 1065
SUPREME COURT Capital felony cases; Attorney General represent state................................................HB 837 Capital felony cases; Attorney General represent state - CA......................................HR 401 Joint Session; Governor's message; invite Supreme Court Justices and Appeals Court Judges ...............................................................................HR 16 Joint Session; message from Chief Justice of Supreme Court......................................HR 17 State Commission on Judicial Compensation; General Assembly create by law - CA...........................................................................................SR 97
SURRENCY, CHRISTY; commend................................................................................HR 663

TALBOT COUNTY; board of education; compensation..............................................HB 317
TALIAFERRO COUNTY Toombs Judicial Circuit; judges; salary supplement .....................................................SB 462
TAMPLIN, HONORABLE HOWARD; condolences.................................................HR 362
TATTNALL COUNTY Board of elections; create ..................................................................................................HB 123 Convey property..................................................................................................................HR 232
TATTNALL SQUARE ACADEMY Football team; invite to House ...........................................................................................HR 86 Softball team; invite members and coaches to House ..................................................HR 465
TAXATION AND REVENUE Abandoned motor vehicles; procedures for reporting ...................................................HB 185 Ad valorem tax; airport property; more than one county ............................................HB 790 Ad valorem tax; certain business exemption; local ordinance .......................................HB 93 Ad valorem tax; certain business exemption; local ordinances - CA............................HR 20 Ad valorem tax; exempt certain federal property transfer..........................................HB 630 Ad valorem tax; exempt certain historical fraternal benefit associations.........................................................................................................HB 399 Ad valorem tax; exempt certain nonprofit museums....................................................HB 252 Ad valorem tax; exempt certain vans and buses ...........................................................HB 756 Ad valorem tax; limitation on increases - CA..................................................................HR 96 Ad valorem tax; limitation on increases; Consumer Price Index ................................HB 329 Ad valorem tax; low-income housing renovation exemption - CA................................HR 12
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TAXATION AND REVENUE (Continued) Ad valorem tax; millage rate limitation - CA....................................................................HR 7 Ad valorem tax; millage rate limitation - CA ..................................................................HR 26 Ad valorem tax; returns; digests; hearings; amend provisions.....................................HB 825 Ad valorem tax; standing timber; millage rate; weighted average prices; owner harvests......................................................................................HB 755 Ad valorem tax; state levy; repeal certain provisions.....................................................HB 18 Adult residential care homes; provisions........................................................................HB 460 AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility.........................................................................................................HB 570 Boards of tax assessors; chief appraiser; appointment or removal .............................HB 651 Business and manufacturing facilities; tax credits; amend provisions.......................HB 336 Business and occupation tax; amend provisions............................................................HB 168 Business and occupation tax; amend provisions............................................................HB 230 Business and occupation tax; amend provisions............................................................HB 282 Business and occupation tax; extensive revision of provisions....................................HB 175 Certain sales and use tax; increase rate............................................................................HB 82 Corporate income; gross receipts; calculation ..................................................................HB 37 Counties and municipalities; taxes and license fees; grounds for refund..........................................................................................................HB 441 County and municipal sales tax; redefine qualified municipality...............................HB 748 Delinquent taxes; contracts for collection; compensation...............................................SB 29 Employment security; domestic employees; annual reports........................................HB 618 Enterprise zones; creation by counties or municipalities; General Assembly provide by general law - CA...........................................................SR 64 Excise tax; hotels and motels; authorization for counties and municipalities to levy.............................................................................................HB 871 Excise tax; hotels and motels; authorized purposes ......................................................HB 776 Excise tax; hotels and motels; authorize increase..........................................................HB 659 Excise tax; hotels and motels; county and municipal levies; bike or pedestrian trails.....................................................................................HB 975 Excise tax; hotels and motels; expenditure requirements............................................HB 419 Excise tax; motor fuel; compressed natural gas.............................................................HB 687 Federal estate taxes; urge Congress increase gross exemption....................................HR 103 Federal estate taxes; urge Congress increase gross exemption....................................HR 290 Federal pension income; certain income taxes; claims for refunds.................................HB 3 Federal pension income; certain tax refund ...................................................................HB 243 Food Sales Tax Credit Act of 1995; enact ......................................................................HB 445 Food Sales Tax Credit Act of 1995; enact......................................................................HB 448 General bills increasing taxes or fees; approval - CA...................................................HR 105 General bills increasing taxes or fees; approval - CA...................................................HR 119 General bills raising revenue; two-thirds vote - CA........................................................HR 51 General bills raising revenue; two-thirds vote required - CA.........................................SR 61 Homestead exemption; deceased veterans; certain survivors ......................................HB 667 Homestead exemption; deceased veterans; certain survivors - CA.............................HR 299 Homestead exemption; spouse or minor children of certain persons killed in military combat................................................................................HB 357 Homestead Option Sales and Use Tax Act; enact........................................................HB 108 Income tax; annual adjustments; Consumer Price Index...............................................HB 14 Income tax; annual adjustments; Consumer Price Index...............................................HB 31 Income tax; certain corporations; amend provisions.......................................................HB 36 Income tax; corporate income apportionment; change method ....................................HB 50
Income tax credit; alternative fuel vehicle.....................................................................HB 683
Income tax credit; certain disaster assistance ................................................................HB 316
Income tax "credit; certain federal pension income..........................................................HB 29
Income tax credit; certain military income..................................................................HB 1081
Income tax credit; donations; qualified charitable organization.................................HB 681

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2823

TAXATION AND REVENUE (Continued) Income tax credit; health care provider; volunteer services ........................................HB 847 Income tax credit; household and dependent care expenses...........................................HB 4 Income tax credit; physicians providing certain care....................................................HB 418 Income tax credit; rural health care providers.............................................................HB 1058 Income tax credit; rural physicians..................................................................................HB 524 Income tax deductions; statistical surveys......................................................................HB 900 Income tax; exemptions and standard deductions; increase..........................................HB 51 Income tax; exemptions and standard deductions; increase..........................................HB 52 Income tax; Federal Retiree Refund Act; enact..............................................................HB 90 Income tax; gradual reduction and abolishment .............................................................HB 21 Income tax; gradual reduction and abolishment.............................................................HB 44 Income tax; interest; delinquencies and refunds.............................................................HB 16 Income tax; low-income credits; revise provisions...........................................................HB 35 Income tax on federal pensions; agreement with federal office..................................HB 462 Income tax; payment by credit card or debit card..........................................................HB 79 Income tax; personal exemptions; increase.........................................................................HB 1 Income tax; personal exemptions; increase.........................................................................HB 2 Income tax; retirement income exclusion .......................................................................HB 232 Income tax withheld on federal pensions; claim for credit............................................HB 71 Intangible personal property tax; amend provisions.....................................................HB 891 Intangible personal property tax; change certain rate provisions...................................HB 9 Intangible personal property tax; rate provisions; certain recordation limitation ...........................................................................................HB 5 Intangible personal property tax; repeal.............................................................................HB 7 Intangible personal property tax; repeal...........................................................................HB 12 Intangible personal property tax; repeal.........................................................................HB 270 Intangible personal property tax; repeal; remove certain recordation limitation ........................................................................................................HB 6 Intangible recording tax on long-term notes secured by real estate ...........................SB 224 Intangible recording tax; remove certain maximum limitation.......................................HB 8 Intangible tax; exempt notes secured by private residence.........................................HB 647 Joint county and municipal sales tax; referendum; resubmission..............................HB 537 Land bank authority; property acquisition; tax executions; certain transfers.................................................................................................................SB 89 Least developed counties; job tax credit.........................................................................HB 643 Local sales tax; maximum percent; exempt MARTA...................................................HB 693 Medical Care Savings Account and Trust Act; enact ...................................................HB 980 Motor carrier of property; flat-rate ad valorem tax; one-time license plate fee..............................................................................................HB 733 Motor fuel tax; exempt certain dyed fuel oils................................................................HB 510 Motor fuel; transport truck delivery; certain vehicles....................................................HB 39 Motor vehicle registration; staggered over 4-month or 12-month period ..................HB 379 Motor vehicle registration; staggered over 4-month or 12-month period..................HB 487 Motor vehicle registration; staggered over 4-month or 12-month period...................SB 280 Motor vehicle registration; staggered over 12-month period.......................................HB 237 Motor vehicle registration; staggered over 12-month period.......................................HB 238 Motor vehicle registration; staggered over 12-month period.......................................HB 352 Motor vehicle registration; staggered over 12-month period .......................................HB 538
Motor vehicles; replacement license plate or decal; permanent license plates for certain trailers..............................................................HB 571
Olympics and Paralympics; certain imported items; suspend taxation.....................HB 398
Persons with disabilities; editorial revisions; public facility accessibility; government-owned vehicles; registration and license plates......................................................................................HB 601
Pro-family Tax Equity Act of 1996; enact........................................................................HB 13
Property assessment at 100% of fair market value; provide.......................................HB 831

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INDEX

TAXATION AND REVENUE (Continued) Property Tax Credit Act of 1995; enact............................................................................HB 38 Property tax; freeport inventory exemption; additional waiver..................................HB 652 Public Revenue Code; reference date; Internal Revenue Code.....................................HB 34 Real property; eligibility for homestead exemptions; notification..............................HB 608 Retirement Pay Tax Refund Act of 1995; enact .............................................................HB 32 Revenue, Department of; certain special agents; retain weapon and badge after 25 years of service................................................................SB 394 Sales tax and motor fuel tax; exempt domestic motor fuel.........................................HB 961 Sales tax; compensation for collecting...............................................................................HB 99 Sales tax; educational purposes - CA..............................................................................HR 513 Sales tax; exempt certain charitable fund-raisers .........................................................HB 291 Sales tax; exempt certain food items...............................................................................HB 142 Sales tax; exempt certain food items...............................................................................HB 265 Sales tax; exempt certain granite manufacturing materials.........................................HB 292 Sales tax; exempt certain motor carriers of property ...................................................HB 798 Sales tax; exempt certain motor fuel...............................................................................HB 688 Sales tax; exempt certain off-road equipment for forestry harvesting......................HB 567 Sales tax; exempt certain off-road equipment; revise provisions..................................HB 33
Sales tax; exempt certain off-road timber equipment; declare legislative intent................................................................................................HR 408
Sales tax; exempt certain organizations receiving public funds ..................................HB 384 Sales tax; exempt certain sales by parent-teacher organizations ................................HB 402 Sales tax; exempt certain sales by parent-teacher organizations................................HB 684 Sales tax; exempt equipment used for drying farm crops............................................HB 127 Sales tax exemption; exclude certain equipment repairs.............................................HB 915 Sales tax; farm equipment, milling machinery, and farm
related machinery; routine repair not fabrication.......................................................HB 94 Sales tax on certain foods and drugs; phased-in exemption..........................................HB 26 Sales tax on food; phased-in exemption .........................................................................HB 331 Sales tax on food; proceeds used for property tax relief - CA......................................HR 37 School Property Tax Credit Act of 1995; enact...........................................................HB 1074 School Property Tax Relief Fund; authorize creation - CA ............................................HR 4 Special county 1% sales tax; consolidated government ...............................................HB 249 Special county 1% sales tax; educational purposes ......................................................HB 298 Special county 1% sales tax; expiration; reimposition.................................................HB 562 Special county 1% sales tax; imposition procedures; ballot question........................HB 604 Special county 1% sales tax; regional jails.....................................................................HB 346
Special county 1% sales tax; sidewalks, bicycle paths, consolidated governments; certain exemption; not applicable................................HB 161
Special county 1% sales tax; time limitation...................................................................HB 98 Special purpose county sales tax; educational purposes - CA.....................................HR 400
Special purpose county sales tax; educational purposes; General Assembly authorize - CA................................................................................HR 158
Special purpose county sales tax; sharing by counties, municipalities, and school systems - CA......................................................................SR 180
State purpose tax; define.....................................................................................................HB 89 State purpose tax; effective prior to referendum - CA...................................................HR 29 Tangible personal property; tax exemption; increase...................................................HB 754 Tax assessment appeals; arbitrator; State Bar member...............................................HB 193 Tax assessment appeals; interest.....................................................................................HB 286 Tax assessment; notice of appeal; time for filing ..........................................................HB 110
Tax executions; certain transfers; statewide applicability...........................................HB 816
Tax exempt status of Stone Mountain Memorial Association; exception.................HB 475
Tax information exchange; include tax assessors........................................................HB 1026
Tax reform; applicability to alcoholic beverages...........................................................HB 692
Tax sales; judicial in rem tax foreclosure; provisions....................................................SB 338

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2825

TAXATION AND REVENUE (Continued) Taxable net income reduction; certain long-term care insurance.............................HB 1048 Taxable net income reduction; certain retirement contributions.............................HB 1049 Unpaid ad valorem taxes; waive certain penalties........................................................HB 523 Wildflower Project Trust Fund; create - CA ...................................................................HR 56
TAYLOR COUNTY Building authority; create..................................................................................................HB 811 Water and sewerage authority; create .............................................................................HB 814
TAYLOR, JUDY, MARY JO FOSTER, AND JUDY BROCK; commend........HR 649
TEACHERS (Also, see Education) Certificated personnel; performance evaluation; develop model.................................HB 941 Discipline of students; liability.........................................................................................HB 134 Education; certificated personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures.........................................................................................................SB 281 Educational program grants; certain after-school programs for at-riskyouth.................................................................................................................SB 64 Employees' Retirement; creditable service; certain former teachers..........................HB 679 Juveniles; certain assault or battery charges; superior court jurisdiction.............................................................................................................HB 446 Midterm adjustments...........................................................................................................HB 11 Midterm adjustments; training and experience .............................................................HB 133 Midterm adjustments; training and experience..............................................................SB 175 National certification; salary increase .............................................................................HB 678 Retirement; break in service; reinstatement..................................................................HB 977 Retirement; certain early childhood development programs; credit...........................HB 978 Retirement; certain early childhood development programs; credit.........................HB 1000 Retirement; creditable service; certain county service..................................................HB 531 Retirement; creditable service; certain federal service .................................................HB 215 Retirement; creditable service; former Employees' Retirement member ..................HB 586 Retirement; creditable service; pregnancy absence .......................................................HB 588 Retirement; creditable service; unused sick leave .........................................................HB 311 Retirement; disability retirement; date.........................................................................HB 1025 Retirement; former members of certain local systems; benefits .................................HB 963 Retirement; loss of position; 25 years; full benefits ....................................................HB 1027 Retirement; membership; public school employees........,..............................................HB 981 Retirement; postretirement benefit adjustment ............................................................HB 472 Retirement; provisions; language change ........................................................................HB 664 Retirement; redefine earnable compensation .................................................................HB 309 Retirement; Teachers or Regents; University System employees choose..................HB 171 Retirement; trustees; change terms .................................................................................HB 459 Retirement; 25 years of service; 50 years of age.......................,....................................HB 671 Retirement; 55 years of age...............................................................................................HB 691 Sales tax; exempt certain sales by parent-teacher organizations................................HB 684 Teacher and school administrator; define; local boards; training workshops .........................................................................................................HB 154 Teachers and Employees' Retirement Systems; membership as condition of employment............................................................................................HB 17 Teachers and Employees' Retirement Systems; membership as condition of employment..........................................................................................HB 774 Teachers and school personnel; contracts and criminal record checks......................HB 503 Teachers and school personnel; false certificate or credentials; penalties.......................................................................................................SB 296
TEEMS, RALPH; condolences....................................................................................,.......HR 47

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2826

INDEX

TELEPHONE AND TELEGRAPH SERVICE Cellular phone conversations; unlawful interception; prohibit publication.........................................................................................................SB 131 Cellular telephone service; regulation by Public Service Commission .......................HB 422 Civil practice; nonstenographic depositions ....................................................................SB 283 Crimes and offenses; computer use for promoting dangerous weapons or terrorism; harassing phone calls; disorderly conduct .............................HB 76 Department of Administrative Services; Division of Computer Services and Telecommunications; commend............................................................HR 524 Harassing telephone calling; amend provisions .............................................................HB 476 Offenses of disorderly conduct and harassing phone calls; define...............................SB 420 Telecommunications and Competition Development Act of 1995; enact...................SB 137 Telecommunications; unincorporated areas; utility tax................................................HB 452 Telephone service; Public Service Commission divide state into regions; toll-free calling................................................................................HB 771 Telephone service; toll-free calling ..................................................................................HB 121 Telephone service; toll free within 21 miles; Universal Service Fund .......................HB 190 Telephones; toll-free calling; standard metropolitan statistical area .........................HB 295 Unfair or deceptive practices; certain solicitation; telephone classified advertising directory....................................................................SB 361 Wire, oral, or electronic communication; eavesdropping; consent of all parties required.......................................................................................SB 74 Wiretapping; pen registers or trap and trace devices; authorize ................................HB 340 Wiretapping; pen registers or trap and trace devices; authorize................................HB 341
TELEVISION Child charged with certain offenses; publication of name or picture ........................HB 360 Department of Public Safety Nomenclature Act of 1995; enact; Georgia Bureau of Investigation Nomenclature Act of 1995; enact .......................HB 212 Discovery; trial materials; change provisions.................................................................HB 767 Telephone service; toll free within 21 miles; Universal Service Fund .......................HB 190
TEMPLETON, KRISTEEN FA YE "KRIS"; commend ...........................................HR 655
TENNYSON, MRS. NANCY; commend..........................................................................SR 48
TERRELL ACADEMY EAGLE FOOTBALL TEAM; invite to House...............HR 114
TERRORISM Crimes and offenses; computer use for promoting dangerous weapons or terrorism; harassing phone calls; disorderly conduct.............................HB 76 Dangerous weapons used in commission of certain offenses; enhanced penalties .........................................................................................................HB 308
THE HERITAGE SINGERS; commend .......................................................................HR 353
THEFT Armed robbery; death penalty or life without parole.................................................HB 1060 Theft of trade secrets; define offense..............................................................................HB 340 Theft of trade secrets; define offense...............................................................................SB 418 Trial upon accusation; certain theft, forgery, controlled substances charges..........................................................................................................HB 959 Use of firearm in armed robbery; enhanced penalty ..................................................HB 1061
THIRD CHAPEL BAPTIST CHURCH; 115th anniversary; commend.................HR 273
THOMAS COUNTY CENTRAL HIGH SCHOOL FOOTBALL TEAM; invite to House ......................................................................................................HR 65
THOMAS GROVE BAPTIST CHURCH; 125th anniversary; commend ...............HR 271

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INDEX

2827

THOMPSON, GEORGE; commend.................................................................................HR 454
THUNDERBOLT, TOWN OF; amend charter ...................................................... .......SB 430
THURMAN, JO 452
Commend......................,......................................................................................................HR 517
TIFT COUNTY; include in Vidalia onion production area..........................................HB 781
TIGNALL, TOWN OF; certain offenses; punishment ..................................................HB 856
TIPPINS, MS. WILLIAM C. "BARBARA" AND THE AMERICAN MEDICAL ASSOCIATION ALLIANCE; commend ..................HR 528
TODD, HONORABLE MONROE; commend ..............................................................HR 416
TODD, JENNIFER; commend .........................................................................................HR 558
TONGA, KINGDOM OF AND BERNIE LOVITKY; commend...........................HR 702
TOOLE, TRAVIS L.; commend........................................................................................HR 619
TOOMBS JUDICIAL CIRCUIT; judges; salary supplement ................................... .SB 462
TORBERT, CAPTAIN JERRY; commend ....................................................................HR 38
TORTS Assistive technology devices; donor or lender; immunity.... .........................................HB 720 Certain good faith actions; liability .................................................................................HB 530 Certain malicious acts by minor; liability of parents........... ......................................... .SB 255 Certain manufacturers; product liability insurance ....................... .............................HB 1097 Certain prescription medication overdose; liability...................... .................................HB 320 Conviction of innocent persons; remedies.................... .....................................................HB 24 Health and liability insurance; statement of policy ..................................................... .HB 109 Rental dwellings; lead poisoning; liability ............................................................ ..........HB 585 Sexual harassment; right of action.............. .....................................................................HB 560 Wrongful death; civil practice; limitation on actions... ....................................... ..........HB 195
TOWNS COUNTY; grant easement .................................................................................SR 113
TRADE (See Commerce and Trade)
TRAFFIC OFFENSES (See Motor Vehicles and Traffic)
TRAIL OF TEARS PARKWAY; designate .................................................................HR 418
TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) Commend..............................................................................................................................SR 214 Highway 441 in Rabun County; construct without divided median ..........................HR 534 Highway 441 in Rabun County; construct without divided median ..........................HR 535 Highways; maintenance of rights of way by inmates; urge Departments of Corrections and Transportation .........................................................SR 90 Highways; railroad grade crossings; authority of Department of Transportation ...................................................................................HB 1068 Highways; tree trimming permits; fees............................................................................HB 718 Merit system; classified service; certain employees..................... ..................................HB 623 Motor vehicles; use of headsets on motorcycle; maximum speed limits on highways and in certain construction sites............. ................... ........SB 48 Public roads; declaration of policy; amend definition ................................. .................HB 721 Rename certain division Office of Traffic Operations..................................................HB 722 State Board and Georgia Rail Passenger Authority; members' expenses.... ..............HB 641

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2828

INDEX

TRANSPORTATION, DEPARTMENT OF (Also, see Highways, Bridges and Ferries) (Continued) State Board; call for election of member from Eighth Congressional District....................................................................................................Page 64 State Board; call for election of member from Sixth Congressional District....................................................................................................Page 64 State Board; election; Honorable Frank Pinkston; Eighth Congressional District................................................................................Pages 160, 161,162 State Board; election; Honorable Johnny Gresham; Sixth Congressional District................................................................................Pages 158, 159. 160
TRANSPORTATION ENHANCEMENT ACTIVITY PROGRAM; commend.....................................................................................................HR 495
TRESPASSING Intruder in residence; imminent danger; rebuttable presumption..............................HB 107
TRIALS Crime victim and family; right to be present in court..................................................SB 110 Criminal cases; competency of counsel.............................................................................HB 61 Criminal procedure; mentally incompetent to stand trial; provisions for hearing and commitment................................................................SB 160 Discovery; test substances; availability to defense and prosecution...........................HB 242 Discovery; trial materials; change provisions.................................................................HB 767 Government agency; party in trial; instructions to jury.................................................HB 28 Grounds for continuance; party presiding in another court..........................................HB 67 Jury Power Restoration Act; enact..................................................................................HB 259 Magistrate courts; when to exercise certain jurisdiction ..............................................HB 470 Murder charge; condition of bail; prohibit contact with juror....................................HB 103 Probation; detention centers and diversion centers; certain confinement.........................................................................................................SB 230 Trial upon accusation; certain theft, forgery, controlled substances charges..........................................................................................................HB 959
TRIBBLE, HORACE; commend ......................................................................................HR 479
TROUP COUNTY Board of education; terms.................................................................................................HB 482 Lease property.....................................................................................................................HR 358
TRUSTS (See Wills, Trusts and Administration of Estates)
TUCKER, DONALD L.; commend .................................................................................HR 695
TUDOR, JIM; commend.....................................................................................................HR 389
TUMLIN, HENRY FAMILY Commend; Etowah Mounds State Historic Site; commemorative marker...................SR 18
24TH INFANTRY DIVISION (MECHANIZED) AT FORT STEWART; urge United States Army not change designation ................................HR 411
TWIGGS COUNTY; education districts .........................................................................HB 983
TYBEE ISLAND, CITY OF Corporate limits...................................................................................................................SB 477 New charter..........................................................................................................................SB 458

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INDEX

2829

u

UNEMPLOYMENT COMPENSATION (See Employment or Labor and Industrial Relations)
UNIFORM RULES OF THE ROAD Headset prohibition; exempt firefighters........................................................................HB 631 Motor vehicles on highways; lighted headlights............................................................HB 921 Motor vehicles on highways; lighted headlights..........................................................HB 1067 Motor vehicles; use of headsets on motorcycles; maximum speed limits on highways and in certain construction sites........................................SB 48 Pedestrian right-of-way.......................................................................................................HB 70 Riding bicycles on right side of roadway; exceptions...................................................HB 552 Speeding on interstate system; state offense .................................................................HB 532
UNION CITY, CITY OF; elections; plurality ...............................................................HB 940
UNIVERSITY OF GEORGIA Henry Massey Pavilion at Poultry Research Center; designation..............................HR 430
UNIVERSITY SYSTEM OF GEORGIA (See Board of Regents, University System of Georgia)
UPSON COUNTY Board of commissioners; compensation...........................................................................HB 846 Commissioner districts.......................................................................................................HB 451 County administrator; provisions.....................................................................................HB 906 Probate judge; nonpartisan election ................................................................................HB 984
USED CAR DEALERS Unfair or deceptive practices; odometer tampering; certain federal law reference..........................................................................................SB 284 Used motor vehicle dealer; sale or lease; certain disclosure .........................................SB 153 Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, State Board of; provisions...................................................................HB 335

VAUGHAN, HONORABLE JACK Condolences.........................................................................................................................HR 200 Urge designation of Jack Vaughan Building at Chattahoochee Tech........................HR 199
VAUGHN, BECKY AND STEVE; commend..............................................................HR 595
VENEREAL DISEASE AIDS and HIV impact on health care systems; prepare report..................................HR 374 AIDS confidential information; disclosure to coroner..................................................HB 268 Sex education and AIDS instruction; limitations,.........................................................HB 711
VENUE Change; additional procedures..........................................................................................HB 673 Change to obtain impartial jury.......................................................................................HB 704 Criminal procedure; mental incompetency; certain transfers; discovery in felony cases..............................................................................HB 627 Divorce; U. S. service personnel; residency and venue - CA.......................................HR 101 Under long-arm statute; nonresident defendant; civil practice....................................SB 231
VERDI, VIC;commend.......................................................................................................HR 455
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2830

INDEX

VERDICT AND JUDGMENT Certain misdemeanors; court render judgment without jury - CA.............................HR 330 Civil practice; nonresident defendant; venue under long-arm statute........................SB 231 Death Penalty Habeas Corpus Reform Act of 1995 ......................................................SB 113 Magistrate court; judgments exceeding $3500; discovery procedures.........................HB 580 Motor vehicles; foreclosure sale; deficiency judgment..................................................HB 744 State courts; deferred partial payment of judgments....................................................SB 434
VERNER, HENRY AND ALAN; commend ................................................................HR 363
VETERANS' AFFAIRS American and state flags; display; certain holidays......................................................HB 180 Department of; commend national salute to hospitalized veterans ...........................HR 132 Education grants; children of certain military or National Guard members ...............................................................................................SB 247 Georgia's Scenic Swamp Route of the Veterans Highway; designate ........................HR 689 Guardians and fiduciaries for beneficiaries of the U. S. Department of Veterans Affairs; compensation ...............................................SB 347 Homestead exemption; deceased veterans; certain survivors ......................................HB 667 Homestead exemption; deceased veterans; certain survivors - CA.............................HR 299 Homestead exemptions; spouse or minor children of certain persons killed in military combat................................................................................HB 357 James H. "Sloppy" Floyd Veterans Memorial Building; permanent display; commend World War II veterans................................................HR 55 John R. McKinney Medal of Honor Highway; designate............................................HR 501 Purple Heart Highway; designate.....................................................................................SR 123 Retirement systems; veterans; service credit..................................................................HB 590 Special license plates; Pearl Harbor veterans; repeal additional fee..........................HB 522 Special license plates; retired reservists...........................................................................SB 411 Special license plates; Sons of the Confederate Veterans............................................HB 862 Special license plates; U. S. Army Reservists retain after retiring..............................SB 346 Special license plates; World War II Eighth Air Force veterans.................................SB 203 Veterans Day; urge State Board of Education designate school holiday ...................SR 232 Veterans Parkway; designate portion of I-85....................................................................SR 85 Veterans service field office manager; armed service requirement.............................HB 179
VETOES; communication from Governor................................................Pages 54, 55, 56, 1215
VICKERS, MARLA; commend ........................................................................................HR 140
VICTIMS OF CRIMES Assistant district attorneys; additional appointments; crime victims' advocate..................................................................................................HB 178 Bailable offenses; felonies; victim notification.................................................................HB 56 Compensation; increase maximum.....................................................................................HB 55 Courts; certain fines; victim assistance............................................................................SB 114 Crime Victims' Bill of Rights; enact................................................................................HB 170 Crime Victims Emergency Fund; proceeds from forfeitures .......................................HB 501 Crime victims' rights; provisions; General Assembly enforce by general law - CA..............................................................................................HR 1 Distribution of crime profits; amend provisions............................................................HB 828 Family violence; redefine; preparation of reports; provisions; review by victim...............................................................................................................SB 397 Family violence; victim notification upon release on bail; victim information statement ...............................................................................SB 209 Juvenile proceedings; certain cases; public access..........................................................SB 156 Notification; custodial release or bail hearing..................................................................HB 54 Rape or aggravated sodomy; marital relationship not a defense; victim information statement .....................................................................SB 210 Victim and family; right to be present in court .............................................................SB 110

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INDEX

2831

VICTORY BAPTIST CHURCH; congratulate............................................................HR 647
VIDALIA ONIONS Marketing; amend provisions............................................................................................HB 208 Production area; include Tift County.............................................................................HB 781
VIGIL, ALLAN AND BONNIE; commend..................................................................HR 698
VIGIL, M. ALLAN; commend ..........................................................................................HR 538
VILLA RICA STADIUM COMMITTEE; commend................................................HR 576
VITAL RECORDS Aid to dependent children; affidavits regarding paternity; requirements.................................................................................................HB 787 Certified Professional Midwifery Act; enact ..................................................................HB 635 Common-law marriage; prohibit after July 1, 1996.....................................................HB 1075 Limitations on fees.............................................................................................................HB 682 Marriage license application; previous marriage surname...........................................HB 695 Parent and child; in vitro fertilization; gestational surrogacy...................................HB 1073
VOCATIONAL EDUCATION Charles W. Yeargin Building; urge designation by State Board of Technical and \dult Education......................................,............................HR 497 "Charles W. Yeargin Building"; urge designation by State Board of Technical and Adult Education...................................................................HR 688 Driver's license suspension; minor's noncompliance with certain education requirements..............................................................................SB 98 Drug testing of students..................................................................................................HB 1004 Educators Technology Training Commission; create.....................................................SR 122 High school diploma; warrant student preparedness; prohibit certain student assessments...........................................................................HB 128 Jack Vaughan Building; urge designation at Chattahoochee Tech............................HR 199 Mandatory education; age requirement ..........................................................................HB 547 Nonpublic Postsecondary Education Commission; executive director........................SB 305 Postsecondary education; redefine eligible institution ....................................................SB 47 Proprietary institutions; tuition equalization grants; Nonpublic Postsecondary Education Commission; expand powers........................HB 228 State examining boards; licensing tests; certain credit.................................................HB 778 Technical Institutes and University System; commend..................................................SR 76 Tuition equalization grants; include proprietary institution of higher education......................................................................................SB 100
VOTING (Also, see Elections) Absentee elector; redefine; care of disabled person......................................................HB 153 Early voting provisions ........................................................................................................HB 63 Elections; assisted voter; declaration form .....................................................................HB 400 Elections Code; conform to repeal of National Voter Registration Act of 1993................................................................................................HB 962 Elections; display United States flag at polling places....................................................SB 33 Elections; early voting provisions.....................................................................................HB 549 Elections; unsigned voter registration cards; eligibility................................................HB 534 Voter Registration Act of 1993; urge Congress fund or repeal....................................HR 317 "Voting Rights Participation and Voter Registration Month"; proclaim March...............................................................................................HR 331
VOYLES, JENNIE; commend.......................,..................................................................HR 676

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2832

INDEX

w

WADE R. MILAM, JR. BRIDGE Designate..............................................................................................................................HR 304 Designate...............................................................................................................................SR 132

WALDROP, SHERIFF TOMMY; commend................................................................HR 397

WALKER COUNTY Grant easement....................................................................................................................SR 113 Grant easement....................................................................................................................SR 118 Lookout Mountain Judicial Circuit; court reporters; salary........................................HB 821

WALKER COUNTY KALEIDOSCOPE PROGRAM FOR GIFTED STUDENTS; commend faculty and students...........................................HR 583

WALKER, HONORABLE LARRY; commend ...........................................................HR 294

WALKER, HONORABLE LEN; communication....................................................Page 1397

"WALTER E. COX PARKWAY"; designate ................................................................HR 448

WALTON COUNTY Alcovy Judicial Circuit; add judge ...................................................................................HB 934 Alcovy Judicial Circuit; judges; supplement.................................................................HB 1023 Alcovy Judicial Circuit; judges; supplement ...................................................................SB 466 Commission on children and youth .................................................................................HB 629

WALTON, REVEREND EUGENE; commend............................................................HR 287

WARE COUNTY; lease property......................................................................................HR 376

WAREHOUSING Tobacco handling by warehousemen; maximum charges.............................................HB 163

WARNER ROBINS, CITY OF Corporate limits ..................................................................................................................HB 950 Homestead exemption; certain residents ........................................................................HB 869
WARRANTS; criminal procedure; admission of evidence.............................................HB 895

WARREN COUNTY Toombs Judicial Circuit; judges; salary supplement .....................................................SB 462

WASHINGTON, CITY OF Washington Wilkes Payroll Development Authority; amend provisions ...................HB 854

WASHINGTON COUNTY GOLDEN HAWKS FOOTBALL TEAM; commend.......................................................................................HR 70

WASHINGTON-WILKES MIDDLE SCHOOL; commend ....................................HR 176

WATER AND WASTEWATER Aquatic Plant Control Act; enact.....................................................................................HB 156 State waters; permits for discharge of pollutants; land-disturbing activities; buffers along trout streams..............................................SB 375 Water pollutants; permit fees; certain discharge; surcharge......................................HB 1036 Withdrawal, diversion, or impoundment of surface and ground waters; permits ...................................................................................................SB 202

WATERS, PORTS AND WATERCRAFT Aquatic Plant Control Act; enact.....................................................................................HB 156 Boats; amend certain boating safety zone......................................................................HB 930 Casino gaming; General Assembly authorize by law - CA...........................................HR 506 Game fish; creel and possession limits; trout waters; move certain streams from list with seasons to list without seasons.................................SB 201

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INDEX

2833

WATERS, PORTS AND WATERCRAFT (Continued) Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses...............................................................................................HB 276 Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses....................................................................................SB 111 Homicide by watercraft; define offense...........................................................................HB 223 Littering public or private property or waters; penalty...............................................HB 174 Pilots and pilotage; amend; docking pilots; provisions.................................................HB 732 Pilots and pilotage; amend provisions.............................................................................HB 489 Safe Dams Act; extend certain exemption.....................................................................HB 768 Safe Dams Act; extend certain exemption ......................................................................SB 385 State-owned marshland or water bottoms; authorization of lease for marinas or docks......,......................................................................................HB 389 State waters; permits for discharge of pollutants; land-disturbing activities; buffers along trout streams..............................................SB 375 Watercraft accidents; duty to stop or return to scene..................................................HB 225 Watercraft; certificate of title; provisions.....................................................................HB 1045 Water pollutants; permit fees; certain discharge; surcharge......................................HB 1036
WAYCROSS, CITY OF; corporate limits.......................................................................HB 865
WEAPONS Armed robbery; death penalty or life without parole .................................................HB 1060 Armor-piercing ammunition; prohibit ...............................................................................HB 59 Crimes and offenses; computer use for promoting dangerous weapons or terrorism; harassing phone calls; disorderly conduct.............................HB 76 Dangerous weapons used in commission of certain offenses; enhanced penalties .........................................................................................................HB 308 Education; certificated personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures .................................................................................SB 281 Firearms; regulation by counties and municipalities; prohibit; exceptions ........................................................................................................HB 633 Forfeiture of weapons used illegally; disposition...........................................................HB 603 Game and fish; amend provisions ....................................................................................HB 277 Hunting wildlife in state park; approved weaponry......................................................HB 200 Hunting wildlife; nontoxic shot; provision for use........................................................HB 274 Instant Brady Repeal Act; enact....................................................................................HB 1093 Student with weapon at school; provisions for expulsion............................................HB 866 Theft; use of firearm in armed robbery; enhanced penalty.......................................HB 1061
WEATHERFORD, RALPH F.; commend.....................................................................HR 612
WEBB, CARLTON;commend..........................................................................................HR 142
WEBSTER COUNTY; office of treasurer; abolish........................................................HB 905
WEIGHTS AND MEASURES Motor vehicles; licensing of certain trucks ...................................................................HB 1090 Truck weights; uniform tolerances among states; urge Federal Highway Administration provide...................................................................HR 373 Vehicle and load length; certain loads of wood products; extend...............................HB 511 Vehicle and load width in excess of 16 feet; single-trip emergency permit ...........................................................................................................HB 717 Vehicle and load width in excess of 16 feet; single-trip emergency permit............................................................................................................SB 318 Vehicle loads; maximum gross weight; certain commodities .......................................HB 490
WELFARE (See Social Services)

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2834

INDEX

WELLS, DR. DONALD THEODORE; commend......................................................HR 246
WESTERN JUDICIAL CIRCUIT Addjudge.............................................................................................................................HB 236 Addjudge..............................................................................................................................SB 306
WETHERINGTON, W. J. (JIM); commend ..................................................................HR 41
WHITAKER, HONORABLE BEN; communication..................................................Page 65
WHITAKER, WILLIAM; commend ...............................................................................HR 392
WHITE, CHARLES FROST; commend..........................................................................HR 62
WHITE COUNTY Board of commissioners; re-create.................................................................................HB 1040 Grant easement....................................................................................................................SR 118
WHITE, LESTER LECK; commend ..............................................................................HR 486
WHITFIELD COUNTY Board of commissioners; staggered terms........................................................................SB 371 Convey property..................................................................................................................HR 231
WIESNER, PAUL J., M. D.; commend..........................................................................HR 603
WILDFLOWERS Encourage planting along roads .......................................................................................HR 307 Wildflower Project Trust Fund; create - CA ...................................................................HR 56
WILDLIFE Beekeepers; permit to kill certain bears.........................................................................HB 804 Certain claims against state............................................................................................HB 1094 Certain violations; suspension of privileges....................................................................HB 584 Feeding or baiting alligator; prohibit..............................................................................HB 401 Game and fish; amend provisions ....................................................................................HB 277 Hunting wildlife in state park; approved weaponry......................................................HB 200 Hunting wildlife; nontoxic shot; provision for use........................................................HB 274 Hunting wildlife; prohibit steel-jaw traps and leg-hold traps...................................HB 1064 Management area; required clothing during deer season.............................................HB 991 Open records; exempt certain historic property and location of certain rare species of plants or animals..................................................SB 170 Special license plates; wildlife conservation fund...........................................................SB 205
WILKES COUNTY Chief magistrate; nonpartisan election............................................................................HB 855 Probate judge; nonpartisan election................................................................................HB 857 Toombs Judicial Circuit; judges; salary supplement .....................................................SB 462 Washington Wilkes Payroll Development Authority; amend provisions...................HB 854
WILLIAM E. "BILL" IRELAND Youth Development Campus; designate.........................................................................HR 262 Youth Development Campus and J. L. Turner Bridge; designate................................SR 12
WILLIAMS, GRADY; commend .....................................................................................HR 352
WILLIAMS, HONORABLE JEFF; communications.....................................Pages 65, 1396
WILLS, TRUSTS AND ADMINISTRATION OF ESTATES Bankruptcy and intestate insolvent estates; individual retirement accounts; exemption...................................................................................HB 221 Certain instruments; nonprobate transfer; nontestamentary......................................HB 117 Civil practice; limitation on actions; torts; wrongful death.........................................HB 195

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INDEX

2835

WILLS, TRUSTS AND ADMINISTRATION OF ESTATES (Continued) Deceased intestate depositors; release of funds.............................................................HB 529 Estates; letters of administration; waiver of publication..............................................HB 143 Estates; year's support; increase amount........................................................................HB 833 Federal estate taxes; urge Congress increase gross exemption....................................HR 103 Federal estate taxes; urge Congress increase gross exemption....................................HR 290 House Study Committee on Discretionary Trusts for Disabled Beneficiaries; create.......................................................................................HR 521 Murderers; deny right of inheritance..............................................................................HB 526 Parent and child; in vitro fertilization; gestational surrogacy...................................HB 1073 Wills and estates; amend provisions..............................................................................HB 1030
WILSON, CATHRAN P.; commend...............................................................................HR 228
WILSON, GEORGIA; commend ......................................................................................HR 494
WILSON, KEISHA; commend .........................................................................................HR 599
WINDER FIRST PRESBYTERIAN CHURCH; commend ...................................HR 550
WINE (See Alcoholic Beverages and Alcoholism)
WITNESSES Abuse of incompetent persons; hearsay statements......................................................HB 368 Capital felony cases; expenses reimbursable to counties...............................................SB 313 Certain state agency communications; exclude..............................................................HB 887 Civil practice; nonstenographic depositions ....................................................................SB 283 Crime victim and family; right to be present in court..................................................SB 110 Criminal proceedings; discovery; birthdate and social security number of witness .................................................................................SB 272 Distribution of crime profits; amend provisions............................................................HB 828 Evidence; certain statements made by child; child abuse; provisions; define sexual abuse.....................................................................................HB 155 Evidence; privileged communications to, between, and among mental health care providers.....................................................................SB 223 Evidence; witness fees and mileage .................................................................................HB 338 Evidence; witness residing outside county; fee..............................................................HB 337 Expert witnesses; opinion or inference; cross-examination..........................................HB 569 Hearsay; certain statements made by child; admissibility............................................SB 124 Husband and wife; when compellable to give evidence................................................HB 165 Husband and wife; when compellable to give evidence.....................................................SB 8 Husband and wife; when compellable to give evidence.................................................SB 234 Probable witness in criminal prosecution; prohibit sale of information....................HB 151
WOFFORD, C. H.; commend.............................................................................................HR 668
WOLVES CLUB; commend..........................................................,....................,...............HR 227
WOMEN IN STATE LEGISLATURES; commend..................................................HR 459
"WOMEN'S HISTORY MONTH"; designate March, 1995.......................................HR 382
WOMETCO TV OF CLAYTON COUNTY; commend .............................................HR 554
WOODARD, GLEN P.; condolences................................................................................HR 375
WOODHAM, DONA G.; commend..................................................................................HR 712
WOODS, DR. JAMES D.; commend ..............................................................................HR 598
WOOLSEY, TOWN OF; new charter..............................................................................HB 867
WOOTEN, JIM; commend.................................................................................................HR 504

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2836

INDEX

WORKERS' COMPENSATION Assigned risk insurance plan.............................................................................................HB 884 Assigned risk plan; certain provisions..............................................................................SB 326 Benefits; penalty for obtaining falsely ..............................................................................HB 66 Corporate exemptions; subrogation; fraud and compliance unit; mediator; payment of penalties ...........................................................................SB 323 Corporate exemptions, subrogation, penalties, fraud; amend provisions; Workers' Compensation Truth in Advertising Act; enact....................................................................................................HB 596 Coverage for Olympic volunteers.....................................................................................HB 106 Coverage; Olympic and Paralympic volunteers ................................................................SB 17 Group self-insurance funds; certificate of authority.....................................................HB 411 Group self-insurance funds; definitions..........................................................................HB 410 Group self-insurance funds; extensive revision of provisions.......................................SB 286 Group self-insurance funds; similar businesses..............................................................HB 649 Group self-insurance funds; surety bonds ......................................................................HB 541 Joint Subsequent Injury Trust Fund Study Committee; create.................................HR 522 Professional Employer Organization Act; enact............................................................HB 555 Self-insurers Guaranty Trust Fund; amend provisions................................................HB 579 Temporary help contracting firm or employee leasing company; statutory employer ........................................................................................SB 331 Termination of employment; prohibitions; waiver........................................................HB 795
WORTH COUNTY; convey property...............................................................................HR 388
WRIGHT, WILLIAM BARRY; commend....................................................................HR 708
WYATT, OLLIE RUTH BROWN; condolences..........................................................HR 496

YATES, HONORABLE JOHN P.; communications ....................................Pages 380, 1397
YEARGIN, HONORABLE CHARLES W. Charles W. Yeargin Building; urge designation by State Board of Technical and Adult Education...................................................................HR 497 "Charles W. Yeargin Building"; urge designation by State Board of Technical and Adult Education...................................................................HR 688 Commend.............................................................................................................................HR 245
YOUNG, JEAN CHILDS; condolences..........................................................................HR 510
YOUTH ART MONTH; commend..................................................................................HR 421
YOUTHFUL OFFENDERS Corrections, Department of; create special school district for certain incarcerated youth......................................................................................HB 436 Corrections, Department of; create special school district for certain incarcerated youth.......................................................................................SB 228 Juvenile proceedings; judicial seminars; certain youth confinement; Corrections Department .........................................................................SB 229 William E. "Bill" Ireland Youth Development Campus; designate ...........................HR 262 William E. "Bill" Ireland Youth Development Campus and J. L. Turner Bridge; designate ........................................................................................SR 12
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INDEX

2837

z

ZEIER, ERIC; commcnd.......................................................................................................HR 72
ZONING Certain development impact fees; exemption ..................................................................HB 64 Defeated actions; reconsideration; time limitation.........................................................SB 215
ZUMBRO, GEORGE LIONEL, JR., M. D.; commend ..............................................HR 162

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PART II
HOUSE BILLS
HB 1 --Income tax; personal exemptions; increase...................................................29, 68 HB 2 --Income tax; personal exemptions; increase...................................................29, 68 HB 3 --Federal pension income; certain income
taxes; claims for refunds....................................29, 68, 224, 240, 1585, 1870 HB 4 --Income tax credit; household and dependent
care expenses............................................................................................29, 68 HB 5 --Intangible personal property tax; rate
provisions; certain recordation limitation ............................................29, 68 HB 6 --Intangible personal property tax; repeal;
remove certain recordation limitation ..................................................30, 68 HB 7 --Intangible personal property tax; repeal .........................................Prefiled Only HB 8 --Intangible recording tax; remove certain
maximum limitation...................................................................Prefiled Only HB 9 --Intangible personal property tax; change
certain rate provisions ...............................................................Prefiled Only HB 10 --Elections; code of conduct for candidates;
establish.................................................................................................H6, 154 HB 11 --Quality basic education; midterm adjustments............................................73, 93 HB 12 --Intangible personal property tax; repeal.......................................................73, 93 HB 13 --Pro-family Tax Equity Act of 1996; enact ...............................................116, 154 HB 14 --Income tax; annual adjustments; Consumer
Price Index..................................................................................Prefiled Only HB 15 --Textbooks; approved list; change method
of selection................................................................................30, 68, 234, 402 HB 16 --Income tax; interest; delinquencies and
refunds.......................................................................................................73, 93 HB 17 --Employees' and Teachers Retirement Systems;
membership as condition of employment ........................................138, 166 HB 18 --Ad valorem tax; state levy; repeal certain
provisions..................................................................................................73, 93 HB 19 --School systems; local fair share funds;
certain retention...................................................................................116,154 HB 20 --Bingo; prize awards; increase amounts..........................................................30, 68 HB 21 --Income tax; gradual reduction and abolishment .................................1567, 1667 HB 22 --Education; certain school systems; local
fair share calculation ...........................................................................183, 211 HB 23 --Municipal charter commissions; create.............................................116, 154, 847 HB 24 --Conviction of innocent persons; remedies .......................................Prefiled Only HB 25 --Criminal procedure; commission of crime
while incarcerated; sentencing.......................................................73, 93, 167 HB 26 --Sales tax; phased-in exemption; certain
foods and drugs................................................................................74, 93, 976 HB 27 --Felon Identification and Police Safety Act; enact .........................Prefiled Only

2840

INDEX

HB 28 --Government agency; party in trial; instructions to jury...........................................................................................Profiled Only
HB 29 --Income tax credit; certain federal pension income......................................30, 68 HB 30 --Divorce; repeal certain ground .......................................................................30, 68 HB 31 --Income tax; annual adjustments; Consumer
Price Index................................................................................................74, 93 HB 32 --Retirement Pay Tax Refund Act of 1995; enact .........................................74, 93 HB 33 --Sales tax exemption; certain off-road equipment;
revise provisions...............................................................................30, 68, 224 HB 34 --Public Revenue Code; reference date; Internal
Revenue Code................................................................31, 68, 224, 403, 1863 HB 35 --Income tax; low-income credits; revise provisions.......................................31, 69 HB 36 --Income tax; certain corporations; amend provisions...................................31, 69 HB 37 --Corporate income; gross receipts; calculation ..............................................31, 69 HB 38 --Property Tax Credit Act of 1995; enact......................................31, 69, 423, 474,
1764, 2234, 2259, 2307, 2351, 2657, 2671 HB 39 --Motor fuel; transport truck delivery; certain
vehicles...................................................l38, 166, 423, 472, 2259, 2547, 2599 HB 40 --Campaign contributions; disclosure; political
action committees; lobbyists; prohibitions .............................Prefiled Only HB 41 --Insurance; surplus line brokers; amend provisions.....................................31, 69,
223, 270, 1765, 1906 HB 42 --Insurance; unfair and deceptive practices;
certain rates .............................................................................32, 69, 234, 272 HB 43 --Abortion; amend provisions ............................................................................32, 69 HB 44 --Income tax; gradual reduction and abolishment .........................................66, 81 HB 45 --Cobb Judicial Circuit; add judge....................................................................66, 81 HB 46 --Insurance; redefine premium; penalty for
certain cancellation..................................................................................32, 69 HB 47 --Insurance; redefine adjuster............................................................................32, 69 HB 48 --Motor vehicle insurance; cancellation; notice...............................................32, 69 HB 49 --Motor vehicle insurance; cancellation; dishonored
check..........................................................................................................33, 69 HB 50 --Income tax; corporate income apportionment;
change method..........................................33, 69, 618, 748, 1865, 2059, 2349 HB 51 --Income tax; exemptions and standard deductions;
increase......................................................................................................33, 69 HB 52 --Income tax; exemptions and standard deductions;
increase ......................................................................................................33, 69 HB 53 --Legislative information; public distribution
in electronic format..........................................74, 93, 645, 1015, 1764, 1878 HB 54 --Crime victims; notification; custodial
release or bail hearing.............................................................................33, 69 HB 55 --Crime victims; compensation; increase maximum.......................................33, 69 HB 56 --Bailable offenses; felonies; victim notification.....................................34, 69, 167 HB 57 --Appeal from death sentence; consolidated
single appeal................................................................................Prefiled Only HB 58 --Penal institutions; parole or early release;
GED equivalency diploma requirement...............................................74, 93 HB 59 --Armor-piercing ammunition; prohibit...........................................................75, 93 HB 60 --Legislative Services Committee; membership.......................................34, 69, 93,
134, 2168, 2220, 2404, 2449, 2674
HB 61 --Criminal cases; competency of counsel .........................................................34, 69
HB 62 --General Assembly; expense allowance .........................................34, 69, 233, 714,
1736, 1837, 1970, 2063, 2136, 2648, 2671
HB 63 --Elections; early voting provisions..................................................34, 69, 461, 589
HB 64 --Local government; certain development impact

INDEX

2841

fees; exemption.........................................................................................34, 69 HB 65 --County emergency medical service councils;
provisions..................................................................................................35, 69 HB 66 --Workers' compensation benefits; penalty
for obtaining falsely................................................................35, 69, 417, 453 HB 67 --Trials; grounds for continuance; party presiding
in another court .......................................................................................35, 69 HB 68 --Home schooled children; qualification for
HOPE scholarship...................................................................................35, 69 HB 69 --HOPE scholarship; extend to private college
students.............................................................................................35, 69, 134 HB 70 --Uniform rules of the road; pedestrian right-of-
way; commercial driver's license; certain disqualification .........................................35, 69, 422, 538, 2168, 2287, 2674 HB 71 --Income tax withheld on federal pensions; claim for credit.........................................................................................36, 69 HB 72 --Child support; revise method of calculation.......................................36, 69, 463,
1110, 2233, 2299, 2350 HB 73 --Public School Employees Retirement; retire
after 30 years of service..........................................................................36, 69 HB 74 --Fleeing or attempting to elude police officer;
penalty.......................................................................................................36, 69 HB 75 --Funeral homes; identification of deceased;
affix to casket ...........................................................................................36, 69 HB 76 --Crimes and offenses; promoting dangerous weapons or
terrorism by computer; harassing phone calls; disorderly conduct..................................36, 69, 983, 1144, 2345, 2582, 2669 HB 77 --State Construction Industry Licensing Board; continuing education...............................................................................37, 69 HB 78 --Arbitration; medical malpractice claims; amend provisions.....................................................................................37, 69 HB 79 --Income tax; payment by credit card or debit card......................................37, 69 HB 80 --Georgia Indian Affairs Commission; establish.............................................37, 69 HB 81 --Chiropractors; amend provisions....................................................................37, 69 HB 82 --Certain sales and use tax; increase rate........................................................37, 69 HB 83 --Junkyards; screening or fencing .....................................................................38, 69 HB 84 --State flag; change design.................................................................................38, 69 HB 85 --Certain residential property; arbitration of disputes.................................................................................................38, 69 HB 86 --Local retirement systems; invest assets in equities..................................................................................................38, 69 HB 87 --Crimes and offenses; commission of crime by convicted felon through use of firearm; riot in a penal institution .........................................38, 69, 212, 264, 2597, 2600 HB 88 --HOPE scholarship program; additional eligibility ......................................38, 69 HB 89 --State purpose tax; define.................................................................................39, 69 HB 90 --Income tax; Federal Retiree Refund Act; enact .........................................39, 69,
81, 105, 262 HB 91 --General Contractors, State Licensing Board;
create..........................................................................................................39, 69 HB 92 --Adult residential homes; change personal
care home references...............................................................................39, 69
HB 93 --Ad valorem tax; certain business exemption;
local ordinance..........................................................................................39, 69
HB 94 --Sales tax; farm equipment, milling machinery, farm
related machinery; routine repair not fabrication ..............................39, 69
HB 95 --Supplemental appropriations; FY 1994-95...................................................40, 69

2842

INDEX

HB 96 --General appropriations; FY 1995-96..............................................................40, 69 HB 97 --Rural facilities economic development; criteria
for authorization ......................................................................................40, 69 HB 98 --Special county 1% sales and use tax; time limitation................................40, 69 HB 99 --Sales and use tax; compensation for collecting............................................40, 69 HB 100 --Funeral directors and embalmers; licensing;
continuing education..........................................40, 69, 211, 399, 1735, 1874 HB 101 --Housing authority police; provisions .............................................................40, 69 HB 102 --Fulton County; personnel board and merit
system...............................................................................41, 69, 393, 393, 944 HB 103 --Murder charge; condition of bail; prohibit
contact with juror ....................................................................................41, 69 HB 104 --Probation services; employment standards ..................................................41, 69 HB 105 --Motor vehicles; registration; county of real
property ownership..................................................................................41, 69 HB 106 --Workers' compensation; coverage for Olympic
volunteers .................................................................................41, 69, 212, 410 HB 107 --Intruder in residence; imminent danger; rebuttable
presumption .............................................................................41, 69, 224, 268 HB 108 --Homestead Option Sales and Use Tax Act; enact .....................................42, 69,
486, 630, 1765, 2259 HB 109 --Health and liability insurance; statement
of policy.....................................................................................................42, 69 HB 110 --Tax assessment; notice of appeal; time for
filing ...........................................................................................................42, 69 HB 111 --Elections; withdrawal of candidate at general
election...........................................................42, 69, 132, 155, 490, 588, 2132 HB 112 --Funeral homes; failure to affix identification
to casket; sanctions..................................................................................42, 69 HB 113 --Boards of health; members not to be elected
officials.......................................................................................................42, 69 HB 114 --Campaign contributions by foreign nationals; prohibit..............................43, 69 HB 115 --Law enforcement; processing of complaints
against officers..........................................................................................43, 69 HB 116 --Firelighters; amend provisions....................................................43, 69, 463, 1274,
2036, 2214, 2673 HB 117 --Certain instruments; nonprobate transfer;
nontestamentary.......................................................................................43, 69 HB 118 --Employees' Retirement; service credit; Vietnam
conflict.......................................................................................................43, 69 HB 119 --Arrests; notice to accused; commitment hearing................................43, 69, 212,
429, 1986, 2283 HB 120 --Recreational Authorities Overview Committee;
create; North Georgia Mountains Authority; alcoholic beverage sales...............................43, 69, 82, 646, 892, 1585, 1884 HB 121 --Telephone service; toll-free calling ................................................................67, 81 HB 122 --Public Service Commission; districts; provisions.........................................67, 81 HB 123 --Tattnall County; board of elections; create.............................67, 81, 94, 94, 192 HB 124 --Peanut; designate as official state crop..............................67, 81, 572, 919, 2132 HB 125 --Cooperative marketing associations; amend provisions .........................................................................67, 81, 162, 200, 656 HB 126 --Peanuts and peanut products; labeling requirements.................................67, 81
HB 127 --Sales tax exemption; equipment used for drying
farm crops.................................................................................................68, 81
HB 128 --High school diploma; warrant preparedness; prohibit
certain student assessments................................68, 81, 202, 252, 719, 2132
HB 129 --Education; construction reserve trust fund; program

INDEX

2843

weights; certain salaries.................................68, 81, 1216, 1401, 1983, 2265 HB 130 --Public stadium, auditorium, or arena; certain
mascot; breach of contract .....................................................................75, 93 HB 131 --Unemployment benefits; liability of succeeding
employers..................................................................................................75, 93 HB 132 --Unemployment benefits; liability of succeeding
employers..................................................................................................75, 93 HB 133 --Education; midterm adjustments; training and experience .......................75, 93 HB 134 --Educators; discipline of students; liability..........................................75, 93, 883,
995, 2037, 2139 HB 135 --Driving under the influence; second offense;
marked driver's license............................................................................76, 93 HB 136 --Fiscal retirement bills; cost reduction amendments;
actuarial study...............................................................76, 93, 163, 199, 1761 HB 137 --Employees' Retirement; administer certain
judicial systems .............................................................76, 93, 163, 200, 2132 HB 138 --Firemen's Pension Fund; change reference .......................76, 93, 163, 213, 1761 HB 13d --Employees' Retirement; disability application;
time limitation...............................................................76, 93, 223, 625, 1761 HB 140 --Retirement systems; excess compensation;
limitation...................................................................................................76, 93 HB 141 --Community Education Advisory Council; create ................................77, 93, 202 HB 142 --Sales tax exemption; certain food items .......................................................77, 93 HB 143 --Estates; letters of administration; waiver
of publication............................................................................................??, 93 HB 144 --Legally qualified guardian of minor; personal
injury claim...............................................................................................77, 93 HB 145 --Schools and school systems; achievement grants;
comprehensive evaluations; regional educational service agencies; disciplinary sanctions.......................................77, 93, 421,
626, 2250, 2505, 2596, 2597, 2598, 2603, 2671 HB 146 --Driver's license; replacement provisions.............................................78, 93,1301 HB 147 --Automated teller machines and cash-dispensing
machines; install at welcome centers.........................78, 93, 222, 411, 2132 HB 148 --Intergovernmental Solid Waste Coordinating
Council; create .......................................................................78, 93, 942, 1256 HB 149 --Alternative Schools and Reeducation Act; enact.........................................78, 93 HB 150 --Driver's license; Classes C and M; reduce fees ............................................78, 93 HB 151 --Probable witness in criminal prosecution;
prohibit sale of information ...................................................................78, 93 HB 152 --Lobbyists; local government employee; exemption .....................................79, 93 HB 153 --Absentee elector; redefine; care of disabled
person .............................................................................79, 93, 421, 543, 2341 HB 154 --Teacher and school administrator; define;
local boards; training workshops........................................79, 93, 883, 1121, 2036, 2164, 2168, 2255, 2350, 2611, 2671
HB 155 --Evidence; certain statements made by child; child abuse; define sexual abuse ................................79, 93, 163, 169, 2346, 2494
HB 156 --Aquatic Plant Control Act; enact...................................................................79, 93 HB 157 --Physician's liens; perfecting; applicability............................................79, 93, 934 HB 158 --Solid waste facilities; certain counties;
approval.....................................................................................................80, 93
HB 159 --Civil cases; court costs and attorney's fees.................................................85, 132
HB 160 --Fleeing or attempting to elude police; felony.............................................85, 132
HB 161 --Special county 1% sales tax; sidewalks, bicycle paths,
consolidated governments; certain exemption;
not applicable....................................................85, 132, 486, 636, 1764, 1877

2844

INDEX

HB 162 --Occupational Therapy, State Board of; add auditory integration training................................................................85, 132
HB 163 --Tobacco handling by warehousemen; maximum charges........................86, 132,
162, 193, 535 HB 164 --Labor, Department of; supplemental appropriation;
Unemployment Trust Fund ........................................86, 132, 233, 402, 741 HB 165 --Witnesses; husband and wife; when compellable
to give evidence ......................................................................................86, 132 HB 166 --Dating Service Act of 1995; enact................................................................86, 132 HB 167 --Landlord; notice to prospective tenant
of previous flooding......................................86, 132, 1209, 1633, 1986, 2286 HB 168 --Local governments; business and occupation
taxes; amend provisions ........................................................................86, 132 HB 169 --Reckless conduct; include offense of bungee jumping..............................87, 132 HB 170 --Crime Victims' Bill of Rights..................................87, 132, 736, 923, 1865, 2087 HB 171 --Teachers or Regents Retirement; University
System employees choose; regents plan investments..................................................................87, 132, 163, 194, 1761 HB 172 --Regents retirement plan; invest in mutual funds.....................87, 132, 163, 195 HB 173 --Regents retirement plan; employer's contribution....................................87, 132
HB 174 --Crimes and offenses; littering public or private property or waters; penalty .........................87, 132, 224, 412, 2132
HB 175 --Local governments; business and occupation taxes; extensive revision of provisions.........................................81, 93, 847, 1000, 1865, 2165, 2349
HB 176 --Juvenile proceedings; venue; amend provisions................................88, 132, 223, 265, 2036, 2476
HB 177 --Evidence; medical reports; authenticity and admissibility............................................................................................88, 132
HB 178 --Assistant district attorneys; additional appointments; crime victims' advocate..............................................88, 132, 617, 832, 1761
HB 179 --Veterans service field office manager; armed service requirement................................................................................88, 132
HB 180 --American and state flags; display; certain holidays....................................................................................................88, 132
HB 181 --Pawned vehicles; interest and repossession fee .........................................88, 132 HB 182 --Judicial sales; advertisement; street address
of property .........................................................89, 132, 212, 398, 1865, 2066 HB 183 --Certain retired public school and community
college employees; health insurance....................................................89, 132 HB 184 --Motor vehicles; certificate of title; dealer
application......................................................................................89, 132, 422 HB 185 --Abandoned motor vehicles; procedures for
reporting.............................................................89, 132, 422, 932, 1866, 2117 HB 186 --Derelict motor vehicle; determination of
value.........................................................................................................89, 132
HB 187 --Driver training instructors; licensing; certain exemption................................................................................................89, 132
HB 188 --Driver's license; test requirement; certain exemption................................................................................................90, 132
HB 189 --Special license plates; commemorate Georgia wildflowers..............................................................................................90, 132
HB 190 --Telephone service; toll free within 21 miles;
Universal Service Fund.........................................................................90, 132
HB 191 --Appeals; domestic relations cases; amend provisions................................................................................................90, 132
HB 192 --Georgia Bureau of Investigation; investigative

INDEX

2845

subpoenas; documentary evidence ..............................................90, 132, 846 HB 193 --Tax assessment appeals; arbitrator; State
Bar member............................................................................................90, 132 HB 194 --Property to secure debt; reversion of title;
real property; certain notification to purchaser...............................91, 132, 485, 642, 1983, 2140, 2669
HB 195 --Civil practice; limitation on actions; torts; wrongful death........................................................................................91, 132
HB 196 --Local Governmental Responsibility in Operation of Vehicles Act; enact ...................................................................91, 132, 156
HB 197 --Elections Code; corrections ..................................................91, 132, 163, 196, 741 HB 198 --Sheriffs; deposits in interest-bearing accounts..........................91, 132, 163, 197 HB 199 --Code of Georgia; corrections................................................91, 132, 163, 198, 741 HB 200 --Hunting wildlife in state park; approved
weaponry........................................................................92, 132, 181, 214, 621 HB 201 --Supplemental appropriations; FY 1994-95................................92, 132, 233, 279,
622, 644, 660, 725, 725, 742, 757, 809 HB 202 --General appropriations; FY 1995-96............................92, 132, 1216, 1320, 1765,
1768, 1837, 1839, 1846, 2353, 2403 HB 203 --Distinctive driver's license; "DUI offender".............................................117, 154 HB 204 --Environmental Justice Act of 1995; enact................................................117, 154 HB 205 --Health Care Act; enact................................................................................117, 154 HB 206 --Criminal procedure; insanity or mental
incompetency plea; mentally retarded; redefine.............................117, 154 HB 207 --Pardons and Paroles, State Board of;
determination notice; public record..................................................117,154 HB 208 --Vidalia onion marketing; amend provisions ............................................117, 154,
391, 447, 1863 HB 209 --Handicapped or elderly persons; certain facilities;
affix signs..............................................................................................118,154 HB 210 --Irwin County; board of commissioners; compensation ..........................118, 154,
167, 168, 464 HB 211 --Employees' Retirement; creditable service;
certain former day laborers ................................................................118, 154 HB 212 --Department of Public Safety Nomenclature Act of
1995; enact; Georgia Bureau of Investigation Nomenclature Act of 1995; enact...........................118, 154, 212, 406, 1863 HB 213 --Superior Court Judges Retirement; creditable service; juvenile court judge...............................................................118, 154 HB 214 --Certain public employees; termination settlement agreement; merit system; wage incentive paymente......................................................H8, 154, 1301, 1631, 2347, 2471 HB 215 --Teachers Retirement; creditable service; certain federal service .........................................................................119, 154 HB 216 --Blind, Division of and Advisory Commission for; create..............................................................................................119, 154 HB 217 --County executive or judicial employees; insurance and retirement benefits............................................H9, 154, 462, 563, 1981 HB 218 --Joint Legislative Committee on Federal Mandates; create...................................................................,..................................119, 154 HB 219 --Retail installment contract or revolving account; delinquency charge ...................................119, 154, 462, 752, 1761
HB 220 --Ratites; include in livestock definition
and provisions............................................................H9, 154, 391, 430, 1762
HB 221 --Bankruptcy and intestate insolvent estates; individual retirement accounts; exemption.....................................120, 154,
462, 562, 580, 1863

2846

INDEX

HB 222 --Delinquent or unruly male child; court-ordered haircut.......,...............................................................120, 154, 846, 1145, 2341
HB 223 --Homicide by watercraft; define offense............................................120, 154, 934 HB 224 --Motor vehicle emission inspections; redefine
responsible motor vehicle ...................................................................120,154 HB 225 --Watercraft accidents; duty to stop or return to scene............................120,154 HB 226 --Juvenile law enforcement records; inspection
by school officials.................................................................................120, 154 HB 227 --Motorcycles; headgear requirement; exemption............................121, 154, 1301 HB 228 --Nonpublic Postsecondary Education Commission; expand
powers; tuition equalization grants; proprietary institutions ............................................121, 154, 486, 540, 1865, 2008, 2351 HB 229 --Penal institutions; conditions of parole; GED equivalency diploma; completion of Alcohol and Drug Use Risk Reduction Program .................................121, 154, 659,
942, 1219, 2168, 2477
HB 230 --Local governments; business and occupation taxes; amend provisions ......................................................................121, 154
HB 231 --Assistant district attorneys; retain number; removal of judge..................................................................!21, 154, 212, 267
HB 232 --Income tax; retirement income exclusion .................................................122, 154 HB 233 --Budgetary Responsibility Oversight Committee;
members; Research Office; certain oversight functions.........................................................!22, 154, 981, 1233, 2232, 2487 HB 234 --Emergency and police vehicles; colored flashing lights......................................................................................................122, 154 HB 235 --General Assembly; reimbursable expenses; equipment ownership..........................................................................122, 154
HB 236 --Alcovy, Augusta, Cobb, Conasauga, Coweta, Macon, Northern, Ogeechee, Piedmont, and Western Judicial Circuits; add judges...............................122, 154, 1209, 1634, 2132
HB 237 --Motor vehicles; staggered registration.......................................................!22, 154 HB 238 --Motor vehicles; staggered registration.......................................................!23, 154
HB 239 --Alcoholic beverage sales; prohibited conduct on premises; repeal; reenact......................................123, 154, 1134
HB 240 --Employment security; temporary help contracting firms..................................................................l23, 154, 169, 982, 1225, 2133
HB 241 --Sexually explicit performances; prohibit minors .....................................123, 154
HB 242 --Discovery; test substances; availability to defense and prosecution.................................................................123, 154
HB 243 --Federal pension income; certain tax refund.............................................124, 154 HB 244 --Employees' Retirement; additional optional
allowance...............................................................................................124, 154 HB 245 --Employees' Retirement; certain military service
credit......................................................................................................!24, 154 HB 246 --Funeral homes; identification tag; affix to
body or cremation vessel ..........................................124, 154, 211, 275, 742, 1883, 1970, 2256, 2404, 2586, 2672
HB 247 --Blasting near underground pipes; utility responsibility.........................................................................................124, 154
HB 248 --Probate Judges Training Council; name change; certain probate judges; compensation.....................................124, 154, 223, 406, 2347, 2452
HB 249 --Special county 1 % sales tax; consolidated government............................................................................................125, 154
HB 250 --Local Government Authorities Registration
Act; enact...............................................!25, 154, 393, 449, 1984, 2163, 2668

INDEX

2847

HB 251 --Conditioned air contracting; redefine........................................................125, 154 HB 252 --Ad valorem tax; exempt certain nonprofit
museums ...............................................................................125, 154, 618, 956 HB 253 --Certain adoptions; remove limitation on financial
assistance....................................................................l25, 154, 391, 872, 2134 HB 254 --Driver's license; personal identification card;
cancellation and Iimitation............................l25, 154, 618, 834,1765, 2064 HB 255 --Driver's license; filing of convictions;
suspension on points; reinstatement fee .........................................126,154, 618, 930, 2341
HB 256 --Driver's license; false information; sanctions...........................................126, 154
HB 257 --State minimum standard building codes; compliance; inspections by engineer.................................................126, 154
HB 258 --Landlord and tenant; housing authorities; demand for possession and lease termination notice...........................................................................!26, 154, 223, 400, 1762
HB 259 --Jury Power Restoration Act; enact............................................................126, 154
HB 260 --Unemployment benefits; liability of succeeding employers; reemployment services .........................126, 154, 462, 752, 1863
HB 261 --Merit system; unclassified service; certain Labor Department personnel ............................................127, 154, 156, 484
HB 262 --Individual and Family Support Act of 1995; enact............................................................................!27, 154, 461, 628, 1762
HB 263 --Employment security; State-wide Reserve Ratio ....................................127, 154 HB 264 --Commercial crabbing; license provisions .........................................127, 154, 392,
444, 1585, 1767 HB 265 --Sales tax; exempt certain food items.........................................................l27, 154 HB 266 --Sheriffs' Retirement; cost of living increases ..........................................127, 154,
163, 213, 1762 HB 267 --Boilers and pressure vessels; amend provisions.......................................128, 154 HB 268 --AIDS confidential information; disclosure
to coroner.................................................................128, 154, 846, 1167, 1762 HB 269 --Elevators, dumbwaiters, escalators, manlifts,
and moving walks; violations; penalties..................................128, 154, 462, 585, 624, 1984, 2167
HB 270 --Intangible personal property tax; repeal...................................................128, 154 HB 271 --Amusement and carnival rides; amend provisions .................................128,154,
462, 1236, 2341 HB 272 --Greene County; commission districts ...............................128, 154, 167,168, 425 HB 273 --Professional counselors, social workers, marriage
and family therapists; certain licenses; mental and physical examination.....................................129, 154, 645, 933 HB 274 --Hunting wildlife; nontoxic shot; provision for use...........................................................................129, 154, 181, 214, 656 HB 275 --Greene County; education districts...................................l29, 154, 167, 168, 426 HB 276 --Homicide by vessel, feticide by vessel, and serious injury by vessel; define offenses ..................................129, 154, 222 HB 277 --Game and fish; amend provisions.....................................129,154, 181, 215, 656 HB 278 --Retirement and Pensions Code; corrections....................!29, 154, 163, 198, 742 HB 279 --Pardons and Paroles, State Board of; determination notice; public record............................................................................130, 154 HB 280 --Nursing home administrator; provisional license ...................................130,154,
645, 831
HB 281 --Health insurance; dermatological services.......................................!30, 154, 461,
627, 1866, 2064
HB 282 --Local government; business and occupation taxes; amend provisions ......................................................................130,154

2848

INDEX

HB 283 --Deceptive trade practices; price increases during state of emergency; counties and municipalities; registration of businesses.........................................l38, 166, 654, 916, 1762
HB 284 --Fulton County; part-time magistrates; compensation ...........................138, 166,
393, 393, 1103 HB 285 --Physicians' assistants; additional duties........................................139, 166, 1300,
1619, 2342 HB 286 --Tax assessment appeals; interest ...............................................................139, 166 HB 287 --North Georgia College Reserve Officers'
Training Corps; tuition assistance..........................!39, 166, 486, 961, 2342 HB 288 --Certain purchases; state of emergency; Emergency
Management Agency..........................l39, 166, 646, 1162, 2234, 2435, 2600 HB 289 --Driver's license; conviction records; assessment
of points.................................................................................................!39, 166 HB 290 --Certain crimes against children; pretrial
discovery; depositions of physicians........................................139, 166, 573, 864, 2259, 2483
HB 291 --Sales tax; exempt certain charitable fund-raisers ...................................140, 166 HB 292 --Sales tax; exempt certain granite manufacturing
materials................................................................................................l40, 166 HB 293 --Housing authorities for certain Indian tribes;
create....................................................................,.................................140, 166 HB 294 --Heard County; board of education; nonpartisan ....................................140, 166,
190, 190, 464 HB 295 --Telephones; toll-free calling; standard metropolitan
statistical area.......................................................................................!40, 166 HB 296 --Jury duty; exempt persons over age 65.....................................................140, 166 HB 297 --Employer immunity for disclosure of job performance;
include banks, licensed home care providers, home health agencies, savings and loan associations, and credit unions............................................!40, 166, 572, 890, 1736, 1876 HB 298 --Special county 1% sales tax; educational purposes.................................................................................................141, 166 HB 299 --Land use restrictions; breach of covenant; statute of Iimitations..............................................l41, 166, 735, 1156, 2342 HB 300 --Municipal court jurisdiction; simple assault and simple battery..............................................,........................141, 166, 884 HB 301 --Municipal court judges; residency requirement......................................141, 166,
735, 956, 2342 HB 302 --Butts County, cities of Flovilla, Jackson, and
Jenkinsburg; water and sewer authority; bond maturities...........................................................141, 166, 190, 190, 426 HB 303 --Henry County; ad valorem tax; homestead exemption..........................141, 166,
190, 191, 426 HB 304 --Advertisements for legal services; disclosure .................................141, 166, 1249 HB 305 --Commercial driver's instruction permit; amend
provisions..............................................................................................142, 166 HB 306 --Trial Judges and Solicitors Retirement; certain
contributions.........................................................................................142, 166 HB 307 --Henry County; treasurer; abolish office...........................142, 166, 190, 190, 426 HB 308 --Dangerous weapons used in commission of certain
offenses; enhanced penalties............................................!42, 166, 984, 1633
HB 309 --Teachers Retirement; redefine earnable compensation..........................142, 166
HB 310 --Conasauga Judicial Circuit; add judge......................................................142, 166
HB 311 --Teachers Retirement; creditable service;
unused sick leave .................................................................................143, 166
HB 312 --Fair Campaign Practices Act; enact..........................................................143, 166

INDEX

2849

HB 313 --State contracts; minority business participation .....................................143,166 HB 314 --Certain criminal history records; Georgia Crime
Information Center; public access............................................143, 166, 463, 628, 1865, 2068
HB 315 --Sentence circumvention; define offense .................................143, 166, 884, 1079 HB 316 --Income tax credit; certain disaster assistance..........................................143, 166 HB 317 --Talbot County; board of education; compensation ................................143, 166,
190, 191, 464 HB 318 --Nursing homes; employment applicants; criminal
record checks.............................................!44, 166, 178, 224, 405, 742, 1882 HB 319 --Habeas corpus proceedings; amend provisions ........................................144, 166 HB 320 --Torts; certain prescription medication overdose;
liability...............................................,...................................................144, 163 HB 321 --Boilers and pressure vessels; safety requirements;
exempt autoclaves ..........................................144, 166, 462, 565, 1984, 2145 HB 322 --Clarke County; board of education; compensation.................................144, 166,
190, 191, 464 HB 323 --Housing and finance authority; facilitate
economic development........................................................144, 166, 462, 561 HB 324 --Family-planning services; availability .............................................145, 166, 1270 HB 325 --Lottery; redefine major procurement contract.........................................145, 166 HB 326 --Professions and businesses; licensing provisions;
examining board investigators; membership in Peace Officers' Annuity and Benefit Fund ............................145, 166, 178,
462, 545, 2346, 2485 HB 327 --Retirement systems; computation of contributions;
IRS amount....,...........................................................145, 166, 392, 443, 1734 HB 328 --State auditor; statistical duties; certain
Department of Transportation contracts................................145, 166, 233, 404, 1765, 1880
HB 329 --Ad valorem tax increase; limitation; Consumer Price Index............................................................................................l45, 166
HB 330 --Credit insurance; nonrecording or nonlicensing and vendor's single interest ..........................146, 166, 223, 274, 1735, 1910
HB 331 --Sales tax; food; phased-in exemption........................................................146,166 HB 332 --Consumers' utility counsel division of Governor's
Office of Consumer Affairs; create.........................146, 166, 462, 581, 1981 HB 333 --Criminal procedure; restitution orders......................................................146, 166 HB 334 --Governor's budget report; include multiple-year
estimates of revenue and spending projects ....................................146,166 HB 335 --Used Motor Vehicle Dealers and Used Motor
Vehicle Parts Dealers, State Board of; provisions.........................................................146, 166, 462, 547, 1866, 2093 HB 336 --Business and manufacturing facilities; tax credits; amend provisions..............................l47, 166, 1135, 1274, 1318, 1983, 2268 HB 337 --Evidence; witness residing outside county; fee ........................................147, 166 HB 338 --Evidence; witness fees and mileage........................................!47, 166, 589, 1230,
2258, 2424, 2456, 2505, 2598, 2672 HB 339 --Paternity petition; appointment of guardian
ad litem....................................,..........................................147, 166, 589, 1160 HB 340 --Theft of trade secrets; wiretapping; pen registers
or trap and trace devices; forfeiture of
certain motor vehicles....................................!47, 166, 589, 919, 2599, 2651
HB 341 --Wiretapping; pen registers or trap and trace
devices; authorize ..............................................................147,166, 617, 1081
HB 342 --Controlled substances and dangerous drugs;
amend list...........,...............................................................148, 166, 941, 1084

2850

INDEX

HB 343 --Real estate brokers and salespersons; licensing; amend provisions .........................................................................148, 166, 942
HB 344 --Real estate appraisers, brokers, and sales persons; amend provisions; property management services...........................................................148, 166, 645, 1227, 1865, 2093
HB 345 --Regional jail authorities; create.......................................!48, 166, 422, 491, 1981 HB 346 --Special county 1% sales tax; regional jails..............................................148, 166,
422, 499, 1984, 2139, 2673 HB 347 --Pretrial proceedings; incarceration in another
county.........................................................................148, 166, 422, 500, 1981 HB 348 --Regional jail authorities; funds for contracts;
authorize.....................................................................l49, 166, 422, 501, 1982 HB 349 --Revenue bonds; redefine undertaking; include
jails..............................................................................149, 166, 646, 956, 1982 HB 350 --Land-disturbing activities; amend provisions..........................149, 166, 809, 963 HB 351 --Municipal elections; qualifying fees; date;
time..................................................,................149, 166, 421, 539, 1866, 2066 HB 352 --Motor vehicles; staggered registration.......................................................149, 166 HB 353 --Aid to dependent children; Work First Program;
medicaid eligibility...............................................................................149, 166 HB 354 --Residential community development districts;
provisions; brewery tours...........................!50, 166, 1134, 1607, 1985, 2162 HB 355 --Campaign contributions; disclosure; use of funds...........................150, 166, 484 HB 356 --Counties; employment benefits; exclude certain
elected officials..................................................................150, 166, 573, 1640 HB 357 --Homestead exemption; spouse or minor children
of certain persons killed in military combat ...................................150, 166 HB 358 --Public works contracts; certain counties;
equal opportunity provisions.............................................150, 166, 573, 967 HB 359 --Crimes and offenses; use of force in defense
of habitat...............................................................................................!50, 166 HB 360 --Child charged with certain offenses; publication
of name or picture ...............................................................................151, 166 HB 361 --American Indian tribes; amend listing......................................................151, 166 HB 362 --Motor vehicle insurance; premium reductions.........................................151, 166 HB 363 --Development authorities; additional powers...........................................151, 166,
573, 827, 2133 HB 364 --Municipal corporations; merger .........................................................151, 166, 573 HB 365 --Advanced placement exam fees; private schools;
educational facilities; historic lankmark.......................................... 165, 189, 1159, 1627, 2234, 2308, 2403, 2438, 2564, 2598, 2672
HB 366 --Service of process and returns; sheriff or deputy....................................165, 189 HB 367 --Unemployment compensation; entitlement; early
retirement..............................................................................................183, 211 HB 368 --Abuse of incompetent persons; hearsay statements................................183, 211 HB 369 --Health insurance; include bone marrow transplants
for treatment of breast cancer and Hodgkin's disease.........................................................-.............183, 211, 884, 1165, 1982 HB 370 --DeKalb County; special districts; millage rate........................................!84, 211,
234, 236, 465 HB 371 --Decatur County; probate judge; nonpartisan..........................................184, 211,
234, 234, 465
HB 372 --Decatur County; board of commissioners; compensation......................184, 211,
234, 235, 465
HB 373 --Decatur County; board of education; nonpartisan.................................184, 211,
234, 235, 465
HB 374 --Brewpub; licensing provisions........................................!84, 211, 983, 1221, 2342

INDEX

2851

HB 375 --Insurance premium finance agreement; amend provisions................,............................,184, 211, 422, 475, 1735, 1911, 2036, 2070, 2137, 2404, 2405, 2519, 2673
HB 376 --Highways; prohibit certain funding...........................................................185, 211 HB 377 --Child Protection Act of 1995; sexual offenses;
change minimum age to 16 ...........................185, 211, 463, 566, 2135, 2245 HB 378 --English; designate official language...........................................................185, 211 HB 379 --Motor vehicles; staggered registration .............................................185, 211, 422,
504, 1736, 2103 HB 380 --Firemen's Pension; eligible members; expand scope...............................185, 211 HB 381 --Dispossessory proceedings; tenant at sufferance .....................................185, 211 HB 382 --State employees' health insurance plan; Georgia
Housing and Finance Authority.............................186, 211, 422, 503, 1863 HB 383 --Public school buildings; architect's or
engineer's plans..........................................................................!86, 211, 1159 HB 384 --Sales tax exemption; certain organizations
receiving public funds .........................................................................186, 211 HB 385 --Stewart County; education districts .................................186, 211, 234, 235, 620 HB 386 --Omaha, City of; disposition of assets and
Iiabilities.......................................................................l86, 211, 234, 235, 620 HB 387 --State employees; waiver of certain overtime
compensation.........................................................................,......186, 211, 412 HB 388 --Hazardous waste; create community loan program.................................187, 211 HB 389 --State-owned marshland or water bottoms; marinas or
docks; lease authorization .............................187, 211, 462, 959, 2258, 2453 HB 390 --Housing authorities; officers and employees;
immunity...............................................................................................187, 211 HB 391 --Private graveyards; prohibit development................................................187, 211 HB 392 --Abortion; Woman's Right to Know Act; enact ........................................187, 211 HB 393 --Employees' Retirement; service credit; Vietnam
conflict...................................................................................................187, 211 HB 394 --Solid waste facilities; limit number permitted.........................................188, 211 HB 395 --Practical nurse licensed in another state;
license provisions ....................................................188, 211, 982, 1163, 1762 HB 396 --Fulton County; library system; add member
from DeKalb .........................................................................................188, 211 HB 397 --State health planning; definitions; include
dialysis and dialysis centers...............................................................188, 211 HB 398 --Atlanta Olympic and Paralympic Games; certain
imported items; suspend taxation............................................205, 233, 618, 819, 1985, 2143
HB 399 --Ad valorem tax; exempt certain fraternal benefit associations................................................205, 233, 885, 1085, 1765, 1912, 1950, 1970, 2014, 2137
HB 400 --Elections; assisted voter; declaration form.....................................205, 233,1133 HB 401 --Wildlife; feeding or baiting alligator; prohibit........................................205, 233,
392, 442, 2342 HB 402 --Sales tax; exempt certain sales by parent-teacher
organizations...........................................,.....................................206,233, 737 HB 403 --Motor vehicle emissions; extend inspections
to all counties .......................................................................................206, 233 HB 404 --Education; driver's education provision;
program weights...................................................................................206, 233
HB 405 --Insurance; adverse underwriting decision;
redefme.......................................................................206, 233, 422, 502, 1864
HB 406 --Education; Professional Standards Commission;
executive secretary; merit system; employees of

2852

INDEX

state schools for deaf and blind .............................................206, 233, 1159,
1268, 2232, 2285 HB 407 --Employees' Retirement; membership; North
Georgia Mountains Authority............................................................206, 233 HB 408 --Antique motor vehicle; license plate; year
of manufacture.....................................................................................207, 233 HB 409 --Fleeing or attempting to elude police; mandatory
penalties; police vehicular pursuit; liability for damage or injury ..........................207, 233, 646, 1297, 2346, 2422, 2674 HB 410 --Workers' compensation; group self-insurance funds; definitions.................................................................................207, 233 HB 411 --Workers' compensation; group self-insurance funds; certificate of authority............................................................207, 233 HB 412 --Harris County; magistrate court; law library fees ..................................207, 233,
260, 260, 487 HB 413 --Bailable offenses and appeal bonds; aggravated
stalking.......................................................................207, 233, 736, 873, 2342 HB 414 --Stalking; redefine; peace bond violation ...................................................208, 233 HB 415 --Aggravated stalking; violation of peace bond or
temporary protective order .......................208, 233, 1135, 1272, 2346, 2566 HB 416 --Pardons and paroles; sex offenders; amend
provisions..............................................................................................208, 233 HB 417 --Counties; bond elections; advertisement provisions...............................208, 233,
885, 1086, 1980 HB 418 --Income tax credit; physicians providing certain
care.................................................................................................208, 233,885 HB 419 --Excise tax; hotels and motels; expenditure
requirements.............................208, 233, 397, 1311, 1644, 2135, 2279, 2668 HB 420 --Academic subject-based education; prohibit
outcome-based methods......................................................................209, 233 HB 421 --Motor vehicle insurance; nonrenewal; prohibitions.................................209, 233 HB 422 --Cellular telephone service; regulation by
Public Service Commission ................................................................209, 233 HB 423 --Special primaries or elections; deadline
for registration ...............................................209, 233, 484, 836, 1984, 2159, 2232, 2258, 2352, 2512, 2601, 2673
HB 424 --Private detective and security business; alarm systems regulation ....................................................................209, 233
HB 425 --Bad checks; service charge; debit account fraud; complaint costs..............................................209, 233, 392, 470, 1763
HB 426 --Fair Campaign Practices Act; enact ..........................................................210, 233 HB 427 --Gordon, City of; municipal court; amend provisions .............................210, 233,
260, 260, 487 HB 428 --Sheriffs' Retirement; increase monthly benefit .......................................210, 233 HB 429 --Law enforcement officers; residence in high
crime area; financing ...........................................................................210, 233 HB 430 --Criminal damage to property in third degree;
define offense........................................................................................210, 233 HB 431 --Insurance; capital stock or surplus; revise
requirements..............................................................210, 233, 422, 502, 1763 HB 432 --Health insurance; certain coverage; osteoporosis
prevention .............................................................................................210, 233
HB 433 --Osteoporosis Prevention and Treatment Education
Act; enact..........................................................................211, 233, 1208, 1653
HB 434 --Privatization Review Committee; create...................................................227, 259
HB 435 --County and Municipal Probation Advisory Council;
Community Service Pilot Project..................................227, 259, 646, 1623,

INDEX

2853

2035, 2145, 2233, 2257, 2350, 2538, 2672 HB 436 --Corrections, Department of; create school
district for incarcerated youth................................227, 259, 646, 875, 2133 HB 437 --Probation; certain offenses; termination
of supervision ...............................................................................228, 259, 885 HB 438 --Driver's license; name or address change;
notification.......................,....................................................................228, 259 HB 439 --Solid waste; disposal of tires; permits .......................................................228, 259 HB 440 --Reapportionment; House districts 4, 5, 6, 116,
118, 119, 128, 139, and 141......................................228, 259, 617, 855, 2343 HB 441 --Counties and municipalities; taxes and license
fees; grounds for refund.................................228, 259, 486, 640, 2135, 2282 HB 442 --Surater County; board of commissioners; compensation.......................228, 259,
393, 393, 815 HB 443 --Assisted living facilities; regulation ...........................................................229, 259 HB 444 --Jail officers and juvenile correctional officers;
training requirement ..............................................229, 259, 463, 1087, 1763 HB 445 --Food Sales Tax Credit Act of 1995; enact................................................229, 259 HB 446 --Juveniles; certain assault or battery charges;
superior court jurisdiction ..................................................................229, 259 HB 447 --Education; elementary and high schools;
athletic activities..................................................................................229, 259 HB 448 --Food Sales Tax Credit Act of 1995; enact................................................229, 259 HB 449 --Employees' Retirement; GBI narcotics agents;
prior service credit..,............................................................................230, 259 HB 450 --Employees' Retirement; GBI narcotics agents;
membership...........................................................................................230, 259 HB 451 --Upson County; commissioner districts.............................230, 259, 393, 394, 534 HB 452 --Telecommunications; unincorporated areas;
utility tax...............................................................................................230, 259 HB 453 --Public assistance; fraud; additional penalty ....................................230, 259, 573 HB 454 --Hospitalization for tuberculosis; amend provisions................................230, 259,
645, 756, 1761 HB 455 --Peace officers; define; include certain county
probation officers ......................................................231, 259, 646, 864, 1734 HB 456 --Raffles; tax-exempt organizations; provisions...............................231, 259, 1414,
1648, 2346, 2466 HB 457 --Vehicular pursuit of person fleeing from
police; liability for damage or injury................................231, 259, 412, 736 HB 458 --Retirement systems; death of primary beneficiary .................................231, 259 HB 459 --Teachers Retirement; trustees; change terms..................................231, 259, 422 HB 460 --Adult residential care homes; provisions ..................................................231, 259 HB 461 --Aid to dependent children; AFDC recipients;
repeal provisions; amend provisions .................................................255, 391 HB 462 --Income tax on federal pensions; agreement
with federal office........,..................................255, 391, 737, 866, 1735, 1880 HB 463 --Special license plates; Rotary International
members ................................................................................................255, 391 HB 464 --National Guard called to active service;
certain rights ................................................................................255, 391, 616 HB 465 --Charter Schools Act of 1995; enact,...........................................................256, 391 HB 466 --Motor vehicles; security interest; rental
price adjustment .......................................................256, 391, 572, 820, 1763
HB 467 --Oconee County; probate court judge; nonpartisan.................................256, 391,
423, 423, 619
HB 468 --Magistrates; minimum compensation; computation ......................256, 391, 589,
1434, 2035, 2144

2854

INDEX

HB 469 --Magistrate courts; civil claims; monetary jurisdiction....................................................................................256, 391, 735
HB 470 --Magistrate courts; when to exercise certain jurisdiction............................................................................................256, 391
HB 471 --Professional engineers and land surveyors; continuing education; construction contractors; define plumbing....................................256, 391, 645, 949, 2035, 2454, 2668
HB 472 --Teachers Retirement; postretirement benefit adjustment............................................................................................257, 391
HB 473 --State employees; payroll deductions; mass transit benefit and nonprofit associations..............................257, 391, 573, 958, 1985, 2284
HB 474 --State travel by personal vehicle; reimbursement of expenses...............................................................257, 391, 981, 1562, 2133
HB 475 --Tax exempt status of Stone Mountain Memorial Association; exception....................................257, 391, 646, 746, 1765, 1879
HB 476 --Harassing telephone calling; amend provisions .............................257, 391, 1302 HB 477 --Consignment of Art Act; enact.......................................257, 391, 645, 872, 1866,
2009, 2138, 2169, 2352, 2516, 2672 HB 478 --Motor vehicle emissions; prohibit centralized
testing..........................................................................................258, 391, 1398 HB 479 --Public School Disciplinary Tribunal Act; amend....................................258, 391 HB 480 --Personal property in custody of law enforcement
agency; certain sales in lots...................................258, 391, 646, 1654, 2343 HB 481 --Merit system; grievance system; amend
provisions..............................................................................258, 279, 391, 981 HB 482 --Troup County; board of education; terms.......................258, 391, 423, 424, 619 HB 483 --Judges of the Probate Courts Retirement;
redefine surviving spouse.........................................232, 259, 392, 469, 2343 HB 484 --Judges of the Probate Courts Retirement;
vesting.........................................................................232, 259, 392, 468, 2343 HB 485 --Judges of the Probate Courts Retirement;
spousal benefits ...................................................................232, 259, 392, 470 HB 486 --Fayette Judicial Circuit; create ..................................................................258, 391 HB 487 --Motor vehicles; staggered registration.......................................................233, 259 HB 488 --Motor Vehicles, Department and commissioner
of; create................................................................................................233, 259 HB 489 --Pilots and pilotage; amend provisions............................258, 391, 654, 821, 1583 HB 490 --Vehicle loads; maximum gross weight; certain
commodities...........................................................259, 391, 1217, 1452, 2133 HB 491 --Appointed county officers; insurance and
employment benefits...........................................................................385, 421 HB 492 --Marriage license issuance at satellite courthouses;
population provisions .............................................385, 421, 942, 1441, 1981 HB 493 --Probate courts; additional locations; population
provisions .................................................................385, 421, 942, 1442, 1981 HB 494 --Trafficking sentences; prohibit furloughs,
pardons, paroles; exception ................................................................385, 421 HB 495 --Termination of parental rights; time limit
on issuance of order.....................................386, 421, 884, 1169, 2035, 2170 HB 496 --Driving under the influence; endangering
a child; notice of conviction ...............................................................386, 421
HB 497 --Charlton County; board of education; deputy
sheriff serve..................................................................386, 421, 463, 464, 620
HB 498 --Courts and juvenile courts; family violence;
unruly child; child custody; amend provisions...............................386, 421,
884, 1172, 1986, 2241, 2349

INDEX

2855

HB 499 --Public assistance; vehicles transporting recipients; requirements......................................................................386, 421
HB 500 --Special education; students in general program; funding ........................................................................................386, 421,1300
HB 501 --Crime Victims Emergency Fund; proceeds from forfeitures ..............................................................................................387, 421
HB 502 --Juvenile courts; delinquency proceedings; records; hearings..................................................................................387, 421
HB 503 --Teachers and school personnel; contracts and criminal record checks.................................................................387, 421
HB 504 --Juvenile proceedings; 24-hour supervision during probation..................................................................................387, 421
HB 505 --National Guard; indemnification; law enforcement duty................................................................................................387, 421, 616
HB 506 --Superior Court Judges Retirement; amend provisions...........................388, 421 HB 507 --Property tax map and parcel number; include
on deeds......................................,..........................................................388, 421 HB 508 --Pronouncement of death; authorize coroner
or deputy............................................................................388, 421, 646, 1080 HB 509 --Parole or probation; revocation; bond pending
hearing ...............................................388, 421, 1134, 1267, 2034, 2143, 2669 HB 510 --Motor fuel tax; exempt certain dyed fuel oils.........................................388, 421,
618, 820, 1734 HB 511 --Length of certain loads of wood products;
extend.......................................................................388, 421, 984, 1175, 2343 HB 512 --Aid to dependent children; automated
fingerprint matching system; provisions ..........................................389, 421 HB 513 --Firearms dealers; comply with provisions
of Brady Handgun Violence Protection Act...................................389, 421, 463, 467, 646, 828
HB 514 --District attorney; redefine to include municipal court reference ...........................................................................389, 421, 1217
HB 515 --Juvenile proceedings; transfer certain cases from superior court..............................................................................389, 421
HB 516 --Ticket sales and resales; ticket brokers ...........................................389, 421, 654, 970, 992, 2250, 2479, 2669
HB 517 --Alcoholic beverages; certain counties; repeal sales by drink in restaurants and clubs...........................................389, 421, 735, 951, 1581
HB 518 --Prisons; inmate space sharing of cells.......................................................390, 421 HB 519 --Drivers' licenses; redefine resident.............................,...............................390, 421 HB 520 --Abuse of dead body; define offense..................................................417, 461, 983,
1195, 2232, 2307 HB 521 --Lottery proceeds; change net proceeds percentage .................................417, 461 HB 522 --Special license plates; Pearl Harbor veterans;
repeal additional fee ............................................................................417, 461 HB 523 --Unpaid ad valorem taxes; waive certain penalties .................................418, 461,
1302, 1432, 2343 HB 524 --Income tax credit; rural physicians........................................418, 461, 885, 1168,
2232, 2310, 2674 HB 525 --Lee County; utilities authority; membership ..........................................418, 461,
485, 486, 814
HB 526 --Murderers; deny right of inheritance ........................................................418, 461
HB 527 --Lamar County; probate court judge; nonpartisan ..................................418, 461,
485, 486, 739
HB 528 --Public Health, Department and Board of; create ..................................418, 461,
1300, 1519

2856

INDEX

HB 529 --Deceased intestate depositors; release of funds......................................419, 461, 1098, 1513
HB 530 --Torts; certain good faith actions; liability ...............................................419, 461,
1098, 1433, 2343 HB 531 --Teachers Retirement; creditable service;
certain county service..........................................................................419, 461 HB 532 --Speeding on interstate system; state offense ...........................................419, 461 HB 533 --Motor vehicle emissions; redefine responsible
motor vehicle........................................................................................419, 461 HB 534 --Elections; unsigned voter registration cards;
eligibility................................................................................................419, 461 HB 535 --Effmgham County; state court judge ...............................420, 461, 485, 487, 739 HB 536 --Private schools; auxiliary child care; licensing.........................................454, 483 HB 537 --Joint county and municipal sales tax; referendum;
resubmission .........................................................................................454, 483 HB 538 --Motor vehicles; staggered registration.......................................................454, 483 HB 539 --Perry, City of; department and agency directors;
city manager ................................................................454, 483, 532, 532, 814 HB 540 --Title insurance; provisions ..........................................................................454, 483 HB 541 --Workers' compensation; group self-insurance
funds; surety bonds .............................................................................455, 483 HB 542 --Motor vehicles; licensing and registration
deadlines................................................................................................455, 483 HB 543 --Annexation; unincorporated islands; preclearance .................................455, 483,
943, 1083, 1982 HB 544 --Pharmaceutics; certain government purchases;
prohibit..................................................................................................455, 483 HB 545 --Essential Rural Provider Access Act; enact .............................................455, 483 HB 546 --Patient's records; copying and mailing costs .................................455, 483, 1753 HB 547 --Mandatory education; age requirement ....................................................456, 483 HB 548 --Child support computation; gross income of
both parents .................................................................................456, 483, 983 HB 549 --Elections; early voting provisions...............................................................456, 483 HB 550 --Insurance premium taxes; proceeds...................................................456, 483, 618 HB 551 --Local school boards; employment of attendance
officers...................................................................................................456, 483 HB 552 --Riding bicycles on right side of roadway;
exceptions ........................................................456, 483, 618, 863, 2135, 2286 HB 553 --Local government efficiency grant program;
amend provisions ....................................................457, 483, 943, 1053, 1763 HB 554 --Juveniles in detention; court ordered child
support...................................................................................................457, 483 HB 555 --Professional Employer Organization Act; enact............................457, 483, 1414 HB 556 --Gilmer County; homestead exemption; certain
residents .......................................................................457, 484, 532, 533, 814 HB 557 --Long-term care ombudsman; amend provisions.............................420, 461, 942,
1030, 2135, 2240, 2404, 2425, 2503, 2592, 2672 HB 558 --Alzheimer's disease; disclosure of information;
Osteoporosis Prevention and Treatment Education Act; enact....................................457, 484, 942, 1185, 2250, 2472 HB 559 --Peach; designate as official state fruit ...........................457, 484, 572, 864, 1863 HB 560 --Torts; sexual harassment; right of action.........................................458, 484, 884
HB 561 --Local boards of education; education required
to hold office....................................................................458, 484, 1159, 1293
HB 562 --Special county 1% sales tax; expiration;
reimposition..........................................................................................420, 461
HB 563 --Limited liability partnerships; provisions................................................420, 461,

INDEX

2857

884, 1148, 2133 HB 564 --Indemnification payments; death or disability................................458, 484, 943 HB 565 --Bovine professionals engaged in bovine activities;
liability...................................................................................................458, 484 HB 566 --Education; local fair share funds; calculation..........................................458, 484 HB 567 --Sales tax exemption; additional off-road
equipment for forestry harvesting ...........................................458, 484, 484, 737, 864, 1864
HB 568 --Insurance; reimbursement of medical benefits; setoffs.,...................................................................................................459, 484
HB 569 --Expert witnesses; opinion or inference; crossexamination..................................................................................459, 484, 942
HB 570 --Aid to dependent children; AFDC recipients; Jobs First Program; employers' tax credit; medicaid eligibility...........................459, 484, 1209,1442, 2234, 2296, 2668
HB 571 --Motor vehicles; replacement license plate or decal; permanent license plates for certain trailers ...........................................................460, 484, 618, 998, 1734
HB 572 --Certain hospitals; prohibit care to illegal aliens; exceptions.................................................................................460, 484
HB 573 --Local governments; Civil War commemorative facilities; preserve ................................................................................479, 531
HB 574 --Pelham, City of; city manager; mayor and council...........................................................................479, 531, 574, 574, 815
HB 575 --Ben Hill County; board of commissioners; compensation.............................................................479, 531, 574, 574, 1100
HB 576 --State Properties Commission; membership.................479, 531, 647, 1014, 1763 HB 577 --Clinical health services; redefine................................................................480, 531 HB 578 --State auditor; annual personnel report; amend
provisions .................................................................480, 531, 981, 1164, 1982 HB 579 --Workers' compensation; Self-insurers Guaranty
Trust Fund; amend provisions..............................480, 531, 982, 1563, 2344 HB 580 --Magistrate court; judgments exceeding $3500;
discovery procedures .................................................................480, 531,1301 HB 581 --Judicial sales; legal ads; statutory rates...................................................480, 531,
573, 713, 2344 HB 582 --Satellite DUI alcohol or drug use risk reduction
programs .....................................................................................480, 531, 1301 HB 583 --Alcoholic beverages; consumption on premises;
Olympic events.....................................................................................481, 531 HB 584 --Game and Fish; certain violations; suspension
of privileges...........................................................................................481, 531 HB 585 --Torts; rental dwellings; lead poisoning;
liability........................................................................................481, 531, 1302 HB 586 --Teachers Retirement; creditable service;
former Employees' Retirement member ..........................................481, 531 HB 587 --Family Caregiver Support Act; in-home grants.......................................481, 531 HB 588 --Teachers Retirement; creditable service;
pregnancy absence...............................................................................481, 531 HB 589 --Retirement systems; investments; delete requirement ...........................482, 531 HB 590 --Retirement systems; veterans; service credit............................................482, 531 HB 591 --Employees' Retirement; service credit; certain
prior service..........................................................................................482, 531
HB 592 --District Attorneys' Retirement; benefits;
service over 16 years.................................................482, 531, 572, 748, 2133
HB 593 --Firemen's Pension; redefine fire department..........................................482, 531,
572, 861, 2344

2858

INDEX

HB 594 --Poultry Capital of the World; designate Georgia...................................482, 531,
572, 756, 1734 HB 595 --Insurers; record keeping equipment; consider
as assets..................................................................524, 571, 1133, 1452, 2134 HB 596 --Workers' compensation; corporate exemptions,
subrogation, penalties, fraud; amend provisions; Workers Compensation Truth in Advertising Act; enact .................................483, 531, 982, 1295, 1985, 2171 HB 597 --MARTA security force; failed security; immunity..................................525, 571 HB 598 --Cobb County; state court; judge pro hoc vice .........................525, 571, 618, 618 HB 599 --Special Insurance Fraud Fund; establish..................................................525, 571 HB 600 --County boards of commissioners; reapportioning procedure...............................................................................................525, 571 HB 601 --Persons with disabilities; revisions; public facility accessibility; government vehicles; 5-year registration and license plates....................................525, 571, 1301,
1439, 2347, 2424, 2456, 2596, 2598, 2623, 2672 HB 602 --Amendments or substitutes having fiscal impact;
fiscal note required..............................................................................525, 571 HB 603 --Forfeiture of weapons used illegally; disposition.............................526, 571, 983 HB 604 --Special county 1% sales tax; imposition procedures;
ballot question......................................................................................526, 571 HB 605 --County officers; defense of actions in lieu of
insurance; employment of attorneys........................................526, 571, 983, 1198, 2346, 2461
HB 606 --Motor vehicles racing near residential area; required exhaust equipment...............................................................526, 571
HB 607 --Juvenile proceedings; unruly child; supervision fees...............................526, 571 HB 608 --Real property; eligibility for homestead
exemptions; notification......................................................................526, 571 HB 609 --Motor carriers of property or persons; amend
provisions..........................................................................527, 571, 1209, 1453 HB 610 --Driving under the influence; breath test; two
sequential samples ...........................527, 571, 1238, 1514, 2258, 2491, 2674 HB 611 --Reverse drug distributors and drug researchers;
registration .........................................................................527, 571, 982, 1432 HB 612 --Employees' Retirement; 33 years of service .............................................527, 571 HB 613 --Employees' Retirement; 32 years of service .............................................527, 571 HB 614 --Barbers; licensing; operation of mobile barbershops ..............................528, 571 HB 615 --State flag; new design; required display ...................................................528, 571 HB 616 --Health insurance; requirements........................................................528, 571, 983,
1187, 2138, 2311, 2669 HB 617 --Gas utility; determination of base rate .....................................................528, 571 HB 618 --Employment security; domestic employees;
annual reports ............................................................................528, 571, 1414 HB 619 --Garden City, City of; recorder's court..............................529, 571, 618, 619, 944 HB 620 --Food service; gloves and hair coverings;
requirement...........................................................................................529, 571 HB 621 --Georgia Land Sales Act; comprehensive revision...................................529, 572,
942, 1033, 1763 HB 622 --Georgia Time-Share Act; comprehensive revision..................................529, 572,
942, 1054, 1764 HB 623 --Merit system; classified service; certain
Department of Transportation employees ....................529, 572, 808, 1300
HB 624 --Cobbtown, City of; recreate and reincorporate.......................................529, 572,
618, 619, 944
HB 625 --Certain cities; traffic court; penalties

INDEX

2859

and bail; population.............................................................................530, 572
HB 626 --Insurance agents, subagents, counselors, and adjusters; licensing services; costs...........................530, 572, 983, 1184
HB 627 --Criminal procedure; mental incompetency; certain transfers; discovery in felony cases .................................530, 572, 735, 867, 2346, 2572, 2669
HB 628 --License plates or decals; replacement; sworn affidavit...........................530, 572 HB 629 --Walton County; commission on children and
youth .............................................................................570, 616, 654, 655, 944 HB 630 --Ad valorem tax exemption; certain federal
property transfer..................................................................................570, 616
HB 631 --Rules of the road; headset prohibition; exempt firefighters...................................................................................570, 616, 1301
HB 632 --Education; curriculum-based assessment; calculators and computers ..................................................................570, 616
HB 633 --Firearms; regulation by counties and municipalities; prohibit; exceptions.............................................................................571, 616
HB 634 --Law enforcement; immediate investigation; missing Alzheimer's patient.....................................................571, 616, 1415
HB 635 --Certified Professional Midwifery Act; enact ............................................571, 616 HB 636 --Poll officers in certain counties; chief
manager's compensation ......................................614, 654, 1133, 1564, 1981 HB 637 --Lowndes County; state court solicitor; private
practice.........................................................................614, 654, 736, 737, 944 HB 638 --Sandy Springs, City of; incorporate...........................................................614, 654 HB 639 --Lamar County; probate court judge .................................614, 654, 736, 738, 945 HB 640 --Municipal Employees Benefit; contributions..........................................615, 654,
846, 998, 1735 HB 641 --Transportation, State Board of, and Georgia
Rail Passenger Authority; members' expenses...............................615, 654, 984, 1434, 2503, 2545
HB 642 --Muscogee County; board of elections and registration..........................615, 654, 736, 738, 945
HB 643 --Least developed counties; job tax credit...................................................615, 654 HB 644 --School facilities; minimum requirements;
delete repealer ......................................................................................615, 654 HB 645 --Habersham County; coroner; compensation....................615, 654, 736, 738, 945 HB 646 --Children and Youth Services, Department of;
contributions............................................................615, 654, 846, 1187, 1764 HB 647 --Intangible tax; exempt notes secured by private
residence................................................................................................616, 654 HB 648 --Children; reckless endangerment; define offense.....................................616, 654 HB 649 --Workers' compensation; group self-insurance
funds; similar businesses.....................................................................649, 735 HB 650 --Jails; incarceration costs; inmates reimburse ...........................................649, 735 HB 651 --Board of tax assessors; chief appraiser;
appointment or removal......................................................................649, 735 HB 652 --Property tax; freeport inventory exemption;
additional waiver..................................................................................649, 735 HB 653 --Handicapped accessible public facilities;
compliance with ADAAG standards.............................650, 735, 1209, 1480 HB 654 --County officers; compensation; provisions................................................650, 735
HB 655 --Accelerant detection dog; penalty for destroying
or injuring...................,.....................................................650, 735, 1135, 1256
HB 656 --Financial transaction card account number;
prohibit fraudulent use.............................................................650, 735, 1098
HB 657 --Employees' Retirement; creditable service;

2860

INDEX

certain military service........................................................................650, 735 HB 658 --Municipal courts; jurisdiction.....................................................................650, 735 HB 659 --Hotels and motels; excise tax; authorize increase ...................................651, 735 HB 660 --Inmate committing battery or aggravated assault;
transfer to maximum security .................................................651, 735, 1310 HB 661 --Deadlocked jury; death or life imprisonment;
judge render verdict ............................................................................651, 735 HB 662 --Public retirement systems; trustees; invest
in corporations ..............................................651, 735, 943, 1170, 2347, 2463 HB 663 --Employees' Retirement; provisions; language change.............................651, 735 HB 664 --Teachers Retirement; provisions; language change.................................651, 735 HB 665 --Nonemergency vans and operators; regulation
by Public Service Commission...........................................................652, 735 HB 666 --Deadlocked jury; death or life imprisonment;
judge render verdict ............................................................................652, 735 HB 667 --Homestead exemption; deceased veterans; certain
survivors................................................................................................652, 735 HB 668 --Labor organizations; nonmember representation;
fair share agreement.......................................................652, 735, 1209, 1504 HB 669 --Health care corporations; amend provisions.................................652, 735, 1134,
1287, 2036, 2151 HB 670 --Corporations; amend provisions..........................652, 735, 983, 1176, 2035, 2156 HB 671 --Teachers Retirement; 25 years of service;
50 years of age......................................................................................653, 735 HB 672 --Sex offenders; condition of parole; notification
of residence...........................................................................................727, 811 HB 673 --Venue; additional procedures for change .......................................727, 811, 1098 HB 674 --Ila, City of; mayor and council; terms............................727, 811, 847, 848, 1252 HB 675 --Child abuse; reports to child welfare agency............................................727, 811 HB 676 --Health Insurance; preexisting conditions;
coverage.................................................................................................727, 811 HB 677 --Motor vehicles; self-insurance; cash deposits..........................................728, 811,
983, 1413, 2662 HB 678 --Teachers; national certification; salary
increase...................................................................728, 811, 1159, 1412, 2251 HB 679 --Employees' Retirement; creditable service;
certain former teachers .......................................................................728, 811 HB 680 --Distilled spirits; sales by drink; consumption on
premises; resolution; referendum..........................728, 811, 983, 1406, 2134 HB 681 --Income tax credit; donations; qualified charitable
organization...........................................................................................728, 811 HB 682 --Vital records services; limitations on fees.................................................728, 811 HB 683 --Income tax credit; alternative fuel vehicle.....................................729, 811, 1311 HB 684 --Sales tax; exempt certain sales by parent-teacher
organizations....................................................729, 812, 812, 885, 1013, 2134 HB 685 --Material depicting dead bodies or body parts;
unsolicited distribution.......................................................................729, 811 HB 686 --Golf Hall of Fame Board; executive subcommittee ................................729, 811 HB 687 --Excise tax; motor fuel; compressed natural gas.......................................729, 811 HB 688 --Sales tax; certain motor fuel; exemption ..................................................730, 811 HB 689 --Employees' Retirement; assistant district attorneys;
employees of Prosecuting Attorneys' Council .................................730, 811
HB 690 --Regents retirement; employer's contribution...........................................730, 811
HB 691 --Teachers Retirement; 55 years of age .......................................................730, 811
HB 692 --Tax reform; applicability to alcoholic beverages .....................................730, 811
HB 693 --Local sales tax; maximum percent; exempt MARTA,............................730, 811
HB 694 --Behavior inconsistent with laws of state;

INDEX

2861

prohibit state funds ..........................................................731, 811, 981, 1430 HB 695 --Marriage license application; previous marriage
surname.......................................................................................731, 811, 1431 HB 696 --Administrative Services, Department of;
central bid registry; provisions ..........................................................731, 811 HB 697 --Elections; order of names on ballot; incumbency....................................732, 811 HB 698 --Chatham County; certain officials; compensation..................................732, 811,
847, 848, 1101 HB 699 --Camden County; commissioners serve as deputy
sheriffs...................................................................................732, 811, 847, 848 HB 700 --Judges, solicitors, district attorneys; additional
qualification..........................................................................................732, 811 HB 701 --Motor vehicles; failure to restrain child
by seat belt; penalty ............................................................................732, 811 HB 702 --Family violence; first offender; conditions
of probation..........................................................................................732, 811 HB 703 --Licensed public accountants; provisions ...................................................732, 811 HB 704 --Juries and jurors; amend provisions; change
of venue to obtain impartial jury; divorce or alimony cases; alternative dispute resolution.............................733, 811, 1209, 1406, 2250, 2425, 2670 HB 705 --Securities; contested cases; assistant commissioner decide..................................................................733, 811,1098 HB 706 --Cemetery Act; contested cases; decision maker.......................................733, 812 HB 707 --Commodities; contested cases; decision maker ........................................733, 812 HB 708 --Producer controlled property and casualty insurers; redefine control..........................................................733, 812, 1133 HB 709 --Insurance; material acquisitions or disposition; reports.........................................................................................733, 812, 1133 HB 710 --Life and Health Insurance Guaranty Association; scope of coverage.......................................................................733, 812, 1133 HB 711 --Sex education and AIDS instruction; limitations....................................734, 812 HB 712 --Criminal history records; consent for release...........................................734, 812 HB 713 --County or municipal police departments; use of nomenclature .........................................................................734, 812, 1415 HB 714 --Public Safety, Department of; Uniform Division; age requirement....................................................................................734, 812 HB 715 --State health planning; definitions; include dialysis and dialysis centers...............................................................842, 883 HB 716 --Regional and state-wide transportation plans; approval....................................,............................................................842, 883 HB 717 --Highways; vehicles and loads; width over 16 feet; emergency permit..............................................842, 883, 1217, 1605 HB 718 --Highways; tree trimming permits; fees .....................................................842, 883 HB 719 --Juvenile proceedings; condition of probation; passing average in school....................................................................842, 883 HB 720 --Assistive technology devices; donor or lender; immunity.....................................................................................842, 883, 1249 HB 721 --Public roads; declaration of policy; amend definition...............................................................................................843, 883 HB 722 --Transportation, Department of; rename certain division Office of Traffic Operations................................................843, 883
HB 723 --Counties and municipalities; sanitation collection
services; certain regulation .................................................................843, 883
HB 724 --Distributing obscene materials; third offense;
penalty...................................................................................................843, 883
HB 725 --Insurance; enforcement of provisions; flagrant

2862

INDEX

violations...............................................................................................843, 883 HB 726 --Psychologists; behavioral and administrative
orders; amend provisions ....................................................................843, 883 HB 727 --Lender Self-referral Act; enact...................................................................844, 883 HB 728 --Natural products and chattels; failure to
pay; repeal provisions ...............................................................844, 883, 1302 HB 729 --Utility contracting; definition.....................................................................844, 883 HB 730 --Atlanta, City of; corporate limits...............................................................844, 883 HB 731 --Medical practice; comprehensive revision
of provisions..........................................................................................844, 883 HB 732 --Pilots and pilotage; amend; docking pilots;
provisions..............................................................................................844, 883 HB 733 --Motor carrier of property; flat-rate ad valorem
tax; one-time license plate fee.................................................845, 883, 1299 HB 734 --Structural pest control applicants; examination ...........................878, 941,1209 HB 735 --Municipal solid waste disposal facilities;
surcharges..............................................................................................878, 941 HB 736 --Habeas corpus petition; death sentence; priority....................................878, 941 HB 737 --Juvenile proceedings and parental rights;
extensive revision.................................................................................878, 941 HB 738 --Lumpkin, City of; corporate limits.................................878, 941, 984, 985, 2660 HB 739 --Institute for Community Economic Development;
create......................................................................................................879, 941 HB 740 --Commissioner of public safety; chief law
enforcement officer for Olympics......................................................879, 941 HB 741 --Hagan, City of; new charter.............................................879, 941, 984, 985, 1251 HB 742 --Grand juries; district attorney's office;
inspection....................................................................................879, 941, 1249 HB 743 --Trial Judges and Solicitors Retirement; spousal
benefits..................................................................................................879, 941 HB 744 --Motor vehicles; foreclosure sale; deficiency
judgment................................................................................................879, 941 HB 745 --Health insurance; child wellness services .......................................880, 941, 1301 HB 746 --Land Surveyors, State Board of; create;
Professional Engineers, State Board of; amend..............................880, 941 HB 747 --Parental rights termination; placement of
child; list of relatives...........................................................................880, 941 HB 748 --County and municipal sales tax; redefine
qualified municipality.........................................................................880, 941 HB 749 --Fulton County; school employees pension;
minimum payment....................................................................880, 941, 2177 HB 750 --Guardians of minors; standby guardians; appointment..........................881, 941 HB 751 --Floyd County; hospital authority; vacancies ............................................881, 941 HB 752 --Education; parental authority; provisions.................................................881, 941 HB 753 --Gordon County; probate court judge; nonpartisan
election........................................................................881, 941, 984, 985, 1252 HB 754 --Tangible personal property; tax exemption;
increase..................................................................................................881, 941 HB 755 --Ad valorem tax; standing timber; millage
rate; weighted average prices; owner harvests..........................................................938, 981, 981, 1302, 1615, 2344 HB 756 --Ad valorem tax; exempt certain vans and buses .....................................939, 981
HB 757 --Inmate medical expenses; repayment; redefine
detention facility...................................................939, 981, 1160, 1618,1982
HB 758 --Inmate medical services; liability; redefine
detention facility........................................................................939, 981,1160
HB 759 --Branch banks; sale by parent bank.................................................939, 981, 1270

INDEX

2863

HB 760 --Hospitals receiving certain funds; open meetings and open records; exemption .............................................................939, 981
HB 761 --Monroe, City of; telecommunications services........................................939, 981, 1023, 1024, 1252
HB 762 --Monroe, City of; election districts ..............................940, 981, 1023, 1024,1252 HB 763 --Carroll County; water authority; revenue bonds ....................................940, 981,
1023, 1024, 1860 HB 764 --Ephesus, City of; mayor and council; amend provisions.......................940, 981,
1023, 1025, 1581 HB 765 --Health care network; hospital authorities
establish .......................................................940, 981, 1414, 1643, 2037, 2309 HB 766 --Fulton County and Atlanta, City of; payment
date for taxes......,.................................................................................940, 981 HB 767 --Discovery; trial materials; change provisions ...........................................940, 981 HB 768 --Safe Dams Act; definitions; extend certain
exemption ...................................................................................940, 981, 1301 HB 769 --Court bailiffs; compensation; increase per diem .........................976, 1022, 1301 HB 770 --Consumer reports; adverse information; notice
to affected consumer .........................................................................976, 1022 HB 771 --Telephone service; Public Safety Commission
divide state into regions; toll-free calling.......................................976,1022 HB 772 --Local government impact fiscal notes; comprehensive
revisions.....................................................................................977, 1022, 1302 HB 773 --Sheriffs' Retirement; increase monthly benefit .....................................977, 1022 HB 774 --Employees' and Teachers Retirement Systems;
membership as condition of employment ......................................977, 1022 HB 775 --Gordon County; board of commissioners; compensation.....................977, 1022,
1099, 1100, 1581 HB 776 --Hotels and motels; excise tax; authorized
purposes.....................................,.........................................................977, 1022 HB 777 --Rail Passenger Authority; expense and travel
allowances.................................................................................977, 1022,1416 HB 778 --State examining boards; licensing tests;
certain credit.......................................................................................978, 1022 HB 779 --Auctioneers; amend provisions.......................................................978, 1022, 1414 HB 780 --Fulton County; increase homestead exemptions;
certain residents..................................................978, 1022, 1573, 1579, 2130 HB 781 --Vidalia onion production area; include Tift
County.................................................................................................978,1022 HB 782 --Trial Judges and Solicitors Retirement; delete
certain reference.................................................................................978,1022 HB 783 --Aid to dependent children; means-tested programs;
statistical summaries....................,..........................................978, 1022,1270 HB 784 --Aid to dependent children; certain assistance;
prohibit denial....................................................................................979,1022 HB 785 --Aid to dependent children; public assistance
recipients; required residence ..........................................................979, 1022 HB 786 --Aid to dependent children; public assistance
recipients; certain disqualification ..................................................979,1022 HB 787 --Aid to dependent children; affidavits regarding
paternity; requirements.....................................................................979, 1022 HB 788 --Aid to dependent children; redefine assistance;
terminate money payments..............................................................979, 1022
HB 789 --Oglethorpe County; probate court judge;
nonpartisan..........................................................979, 1022, 1099, 1100, 1581
HB 790 --Ad valorem tax; airport property; more than
one county............................................................980, 1022, 1302, 1616, 2344

2864

INDEX

HB 791 --Disposition of unclaimed property; restriction on bank service charges on certain instruments..........................980, 1022,
1098, 1295, 1983 HB 792 --Agrirama Development Authority; membership..........................980, 1022, 1097 HB 793 --Real property; certain notification to purchaser.......................1019, 1097, 1415 HB 794 --Public school discipline; permanent expulsion;
readmission.......................................................................................1019, 1097 HB 795 --Termination of employment; prohibitions; waiver..............................1019, 1097 HB 796 --Comprehensive Patient Protection Act; enact.....................................1020, 1097 HB 797 --Motor vehicle rentals; fixed rental fee..............................!020, 1097, 1108, 1302 HB 798 --Sales tax; exempt certain motor carriers
of property........................................................................................1020, 1097 HB 799 --Fulton County; library; board of trustees............................................!020, 1097,
1135, 1136, 1734 HB 800 --Dacula, City of; mayor and council...................................!020, 1097, 1718, 1719 HB 801 --Arcade, City of; new charter ....................................1020, 1097, 1135, 1136, 1979 HB 802 --Piedmont Judicial Circuit; add judge....................................................!020, 1097 HB 803 --Cherokee County; homestead exemption; certain
residents .............................................................1021, 1097, 1135, 1136, 1860 HB 804 --Beekeepers; permit to kill certain bears ...............................................1021, 1097 HB 805 --Augusta-Richmond County Commission-Council;
provisions ...........................................................1021, 1097, 2038, 2038, 2660 HB 806 --Campaign contributions; candidate's loan
to self; reimbursement................................................l094, 1133, 1133, 1300 HB 807 --Education; county school system; include
independent system...............................................................!094, 1132, 1300 HB 808 --Rockdale County; board of elections and
registration; create............................................1094, 1132, 1210, 1211, 1679 HB 809 --Rockdale County; magistrate court; law library
fees......................................................................1094, 1132, 1210, 1212, 1679 HB 810 --Roswell, City of; homestead exemption; certain
residents .............................................................1095, 1132, 1573, 1579, 1859 HB 811 --Taylor County; building authority; create...........................................!095, 1132,
1210, 1210, 1733 HB 812 --Clermont, Town of; requirements for holding office..........................!095, 1132,
1210, 1211, 1679 HB 813 --Bail bondsmen; fingerprints to Georgia
Crime Information Center; FBI check...............................1095, 1132, 1415 HB 814 --Taylor County; water and sewerage authority;
create...................................................................!095, 1132, 1210, 1211, 1733 HB 815 --Chiropractors; scope of practice.............................................................1095, 1132 HB 816 --Tax executions; certain transfers; statewide
applicability............................................................................1095, 1132, 1302 HB 817 --Sumner, Town of; new charter................................1096, 1132, 1210, 1211, 1581 HB 818 --Hazardous sites; polychlorinated biphenyl;
public notification and corrective action...........................1096, 1125, 1132 HB 819 --Avondale Estates, City of; board of mayor
and commissioners............................................l096, 1132, 1210, 1211, 1581 HB 820 --Certificated limousine carrier; commission
permitted chauffeurs.......................................................................1096, 1132 HB 821 --Lookout Mountain Judicial Circuit; court
reporters; salary.................................................H28, 1208, 1249, 1250, 1980
HB 822 --Barbershops; licensing provisions; number
of apprentices...................................................................................1128, 1208
HB 823 --Stone Mountain Judicial Circuit; judges;
increase supplement.........................................1128, 1208, 1573, 1575, 1979
HB 824 --Multilevel distribution companies; redefine

INDEX

2865

business opportunity ........................................1128, 1208, 1414, 1642, 2134 HB 825 --Ad valorem tax; returns; digests; hearings;
amend provisions.............................................................................1128, 1208 HB 826 --Lumpkin County; homestead exemption; certain
residents .............................................................1129, 1208, 1249, 1251, 1679 HB 827 --Catoosa County; board of utilities commissioners;
health insurance................................................1129, 1208, 1249, 1250, 1760 HB 828 --Distribution of crime profits; amend provisions..................................1129,1208 HB 829 --Chatham County Recreation Authority and the
Georgia International and Maritime Trade Center Authority; repeal...............................................1129, 1208, 1249, 1250, 1679 HB 830 --Chatham County; recreation authority; create ...................................1129, 1208,
1249, 1250, 1679
HB 831 --Property assessment at 100% of fair market value; provide ...................................................................................1129,1208
HB 832 --Guardian and ward; certain disputes; court appeals...........................H30, 1208 HB 833 --Estates; year's support; increase amount..............................................H30, 1208 HB 834 --Motor vehicles; emission inspections; exception..................................1130, 1208 HB 835 --Motor vehicles; emission inspections; exception..................................1130, 1208 HB 836 --Claims Advisory Board; certain payments;
repeal provisions..............................................................................1130, 1208 HB 837 --Capital felony cases before Supreme Court;
Attorney General represent state..................................................1130,1208 HB 838 --Insurance; risk-based capital levels; provisions....................................1131, 1208 HB 839 --Alcoholics and drug dependent persons; restrict
methadone dosages..........................................................................1131,1208 HB 840 --Charitable solicitations; registration with
Secretary of State ............................................................................1131, 1208 HB 841 --Insurers; liquidation; legal actions against
receivers.............................................................................................H31,1208 HB 842 --HOPE scholarships for home study programs;
qualifications.....................................................................................ll31, 1208 HB 843 --Certain counties; prohibit bond issuance; exception...........................1202, 1248 HB 844 --Vaccination registry for children; provisions........................................1202, 1248 HB 845 --Judges of the Probate Courts Retirement;
benefits calculation..........................................................................l202, 1248 HB 846 --Upson County; board of commissioners.................l202, 1248, 1310,1311, 2130 HB 847 --Income tax credit; health care provider;
volunteer services..............................................................,..............1203, 1248 HB 848 --Pike County; board of commissioners; reapportion ...........................1203, 1248,
1310,1312, 1733 HB 849 --Employees' Retirement; certain spousal benefits................................1203,1248 HB 850 --Public School Employees Retirement; certain
spousal benefits.....,..........................................................................1203, 1248 HB 851 --Legislative Retirement; certain spousal benefits.................................1203,1248 HB 852 --Employees' Retirement; reestablishing service
credit; amend.............................................................,......................1203, 1248 HB 853 --Lexington, City of; mayor and council; terms,....................................1203,1248,
1310, 1312, 1679 HB 854 --Washington Wilkes Payroll Development Authority;
amend provisions ..............................................1204, 1248, 1310, 1312,1733 HB 855 --Wilkes County; chief magistrate; nonpartisan
election................................................................!204, 1248, 1310, 1312, 1680
HB 856 --Tignall, Town of; certain offenses; punishment..................................!204,1248,
1310, 1312, 1734
HB 857 --Wilkes County; probate judge; nonpartisan
election................................................................!204, 1248, 1310, 1313, 1680

2866

INDEX

HB 858 --Rockdale County; expenditures; advertising for bids ...............................................................1204, 1248, 1310, 1313, 1734
HB 859 --Vandalism to place of worship; felony offense; penalty...............................................................................................1204, 1248
HB 860 --Special license plates; Georgia Patriot..................................................1204, 1248 HB 861 --Special license plates; Pilot International ............................................1205, 1248 HB 862 --Special license plates; Sons of the Confederate
Veterans.............................................................................................l205, 1248 HB 863 --Northern Judicial Circuit; add judge ....................................................1205, 1248 HB 864 --Campaign contributions; state and local
government; prohibitions................................................................1205, 1248 HB 865 --Waycross, City of; corporate Iimits.........................l205, 1248, 1754, 1755, 2130 HB 866 --Student with weapon at school; provisions
for expulsion...........................................,...............................1206, 1248, 1414 HB 867 --Woolsey, Town of; new charter...............................1206, 1248, 1310, 1313, 1859 HB 868 --Ethics; campaign contributions; verification.......................................1206, 1248,
1300, 1656 HB 869 --Warner Robins, City of; homestead exemption;
certain residents................................................1241, 1307, 1422, 1426, 1862 HB 870 --Sterilization; physician's explanation;
include risks.........................................................................-............1241, 1307 HB 871 --Excise tax; hotels and motels; authorization
for counties and municipalities to levy ........................................1241, 1307 HB 872 --Butts County; probate court judge; nonpartisan................................1241, 1307,
1422, 1423, 1862 HB 873 --Works of fine art; duplication agreement;
increase aggregate obligation..........................................................1241, 1307 HB 874 --MitcheU County; board of education......................!242, 1307, 1422, 1423, 1862 HB 875 --Reapportionment; congressional districts.............................................1242, 1307 HB 876 --Employees' Retirement; creditable service;
certain temporary service ...............................................................1242, 1307 HB 877 --Butts County; chief magistrate; election..............................................!242, 1307,
1422, 1424, 1862 HB 878 --Community service boards; fund allocations........................................!242, 1307 HB 879 --Cherokee County; water and sewerage authority ...............................1242, 1307,
1422, 1424, 1862 HB 880 --Georgia Industries for the Blind; amend provisions...........................1242, 1307 HB 881 --Torts; counties, municipalities, school districts;
sovereign immunity .........................................................................1243, 1307 HB 882 --Harris County; public improvements authority;
create...................................................................!243, 1307, 1422, 1424, 1862 HB 883 --Harris County; streets and roads authority;
create...................................................................!243, 1307, 1422, 1424, 1862 HB 884 --Workers' compensation; assigned risk insurance plan........................1243, 1307 HB 885 --School curriculum; include family violence
and child abuse prevention course................................................1207, 1248 HB 886 --Superior Court Clerks' Cooperative Authority;
amend provisions.............................................................................1207, 1248 HB 887 --Witnesses; certain state agency communications;
exclude...............................................................................................!207, 1248 HB 888 --Burke County; state court judge; compensation.................................1243, 1307,
1422, 1424, 2341 HB 889 --Certain hospitals; home health care services;
certificate of need ............................................................................1243, 1307
HB 890 --Certain property on West Point Lake; sublease .......................1243, 1307, 1309
HB 891 --Intangible personal property tax; amend provisions...........................1244, 1307
HB 892 --Miss Georgia; designate official state

INDEX

2867

honorary hostess...............................................................................1244, 1307 HB 893 --Ocilla, City of; mayor and council; districts........................................1244, 1307,
1422, 1424, 1862 HB 894 --Contested elections; attorney's fees .......................................................1244,1307 HB 895 --Criminal procedure; warrants; admission of
evidence.............................................................................................1244, 1307 HB 896 --Judges of the Probate Courts Retirement;
secretary-treasurer's benefit...........................................................!207, 1248 HB 897 --Forsyth, City of; time for holding elections ........................................1207,1248,
1422, 1424, 2130 HB 898 --Shady Dale, City of; new charter............................1207, 1248, 1310, 1313, 1862 HB 899 --Ogeechee Judicial Circuit; add judge ....................................................1244, 1307 HB 900 --Income tax deductions; statistical surveys............................................!244,1308 HB 901 --Education; certain curriculum-based assessment;
suspend....................................................................................l245, 1308, 1846 HB 902 --Putnam County; board of education; compensation..........................1304,1421,
1573, 1575, 1862 HB 903 --Chatham County; magistrate court; part time
magistrates.........................................................1304, 1421, 1573, 1575, 1861 HB 904 --Henry County; homestead exemption; certain
residents .............................................................1304, 1421, 1573, 1579, 1861 HB 905 --Webster County; office of treasurer; abolish.......................................!304,1421,
1573, 1575, 1861 HB 906 --Upson County; county administrator; provisions ...............................1304, 1421,
1573, 1575, 2130 HB 907 --Misrepresenting the origin of timber; define offense...............,..........1245, 1308 HB 908 --Peach County; homestead exemption; certain
residents .............................................................1305, 1421, 1573, 1579, 1861 HB 909 --Dawson, City of; municipal court; contempt
penalty................................................................1305, 1421, 1573, 1575, 1859 HB 910 --Pike County; agribusiness authority; create........................................1305, 1421,
1669, 1670, 1859 HB 911 --Conditioned air contractor; certain license;
time for applying.........................................................!245, 1308, 1308, 1573 HB 912 --Grand juries; presentments of preceding grand jury ..........................1246, 1308 HB 913 --Forest Park, City of; redevelopment powers.......................................1305, 1421,
1573, 1576, 1979 HB 914 --International and Maritime Trade Center
Authority; create...............................................1305, 1421, 1573, 1576, 1861 HB 915 --Sales tax exemption; exclude certain equipment
repairs....................................,.................................................1246, 1308, 1308 HB 916 --Riot in a penal institution; define offense..................................!246,1308, 1416 HB 917 --Dooly County; board of commissioners..................l305, 1421, 1573, 1576, 1861 HB 918 --Cleveland, City of; city administrator..................................................1305, 1421,
1573, 1576, 1861 HB 919 --Cobb County; state court judges.............................1306, 1421, 1573, 1576, 1859 HB 920 --Leesburg, City of; mayor and council.....................!306, 1421, 1573, 1672, 1979 HB 921 --Motor vehicles on highways; lighted headlights ..................................1246, 1308 HB 922 --Cobb County; deputy superior court clerk;
compensation...........................................l306, 1421, 1573, 1577, 1983, 2221 HB 923 --Cobb County; state court judge, clerk, and deputy
clerk; compensation .....................1306, 1421, 1573, 1577, 1983, 2177, 2670
HB 924 --Registered nurse; licensure; reinstatement ......................1247, 1308, 1309,1573
HB 925 --Sureties on criminal bonds; increase fees .............................................1247, 1308
HB 926 --Failure to appear in court; execution hearing;
time period........................................................................................!247, 1308
HB 927 --Family and Children Services Division; certain

2868

INDEX

payroll deductions............................................................................1247, 1308 HB 928 --Public School Employees Retirement; amend
provisions..........................................................................................1247, 1308 HB 929 --Convicted felon; ineligible for parole.....................................................!306, 1421 HB 930 --Boats; amend certain boating safety zone..................................!248, 1308, 1974 HB 931 --State health planning; redefine clinical
health services ........................................................................1306, 1422, 1422 HB 932 --Macon-Bibb County Transit Authority;
composition of board........................................1307, 1421, 1574, 1577, 1859 HB 933 --Camden County, board of commissioners; amend
provisions ...........................................................1307, 1421, 1574, 1577, 1861 HB 934 --Alcovy Judicial Circuit; add judge.........................................................1418, 1572 HB 935 --DeKalb County; homestead exemption; certain
residents........................................................................!418, 1572, 1669,1672 HB 936 --Lawrenceville, City of; deannex property............................................1418, 1572,
1669, 1673, 2341 HB 937 --Blackshear, City of; corporate limits ....................................................1418, 1572,
1669, 1673, 1979 HB 938 --Bibb County; civil court jurisdiction ....................................................1418, 1572,
1669, 1673, 1860 HB 939 --Picking up or discharging passengers; prohibit
in certain school zones....................................................................1419, 1572 HB 940 --Union City, City of; elections; plurality................................................1419, 1572 HB 941 --Education; certificated personnel; performance
evaluation; develop model ..............................................................1419, 1572 HB 942 --State parks; dark sky preserves; highways and
outdoor advertising signs; lighting................................................1419, 1572 HB 943 --Public Service Commission; chairman; terms;
succession..........................................................................................1307, 1421 HB 944 --Morgan County; board of commissioners; chairman's
compensation.....................................................1419, 1572, 1669, 1673, 1860 HB 945 --Catoosa County; tax commissioner; clerical
help......................................................................!419, 1572, 1669, 1673, 1860 HB 946 --Cleveland, City of; police court; appeals..............................................!419, 1572,
1669, 1673, 1860 HB 947 --Evans County; board of commissioners; districts...............................l420, 1572,
1718, 1719, 2130 HB 948 --Evans County; board of education; districts.......................................1420, 1572,
1718, 1724, 2131 HB 949 --Cobb Judicial Circuit; investigators and assistant
district attorneys; compensation...................................................1420, 1572, 1669, 1674, 1980
HB 950 --Warner Robins, City of; corporate Iimits.............................................l420, 1572, 1669, 1674, 1860
HB 951 --Cherokee County; parks and recreation authority; create................................................1567, 1667, 1718, 1729, 1980
HB 952 --Duluth, City of; clarify corporate limits ..............................................1567, 1667, 1718, 1729, 2131
HB 953 --Cobb County; sheriffs personnel; compensation................................1567, 1667, 1718, 1729, 1983, 2215
HB 954 --Central of Georgia Railroad Shops Complex; designate official state railroad museum......................................1567, 1667
HB 955 --Women's Access to Health Care Act; enact .........................................1568, 1667
HB 956 --Macon County; board of education; compensation ............................1568, 1667,
1718, 1731, 2341
HB 957 --Jefferson County; chief deputy magistrate;
compensation.....................................................1568, 1667, 1718, 1732, 2131

INDEX

2869

HB 958 --Peace Officers' Annuity and Benefit; disability benefits; cessation............................................................................1568, 1667
HB 959 --Trial upon accusation; certain theft, forgery, controlled substances charges ........................................................1568, 1667
HB 960 --Liens; preliminary notice; copy to contractor and owner..........................................................................................!568, 1667
HB 961 --Sales and use tax and motor fuel tax; exempt domestic motor fuel.........................................................................!569, 1667
HB 962 --Elections Code; conform to repeal of National Voter Registration Act of 1993......................................................1569,1667
HB 963 --Teachers Retirement; former members of certain local systems; benefits.....................................................................1569, 1667
HB 964 --Jones County; board of education; districts........................................1569, 1667, 1718, 1732, 1980
HB 965 --Jones County; board of commissioners; reconstitute .........................1569, 1667, 1718, 1732, 1980
HB 966 --District attorneys; travel expenses; reimbursement............................1569, 1667
HB 967 --Firemen's Pension; certain prior service; credit..................................................................................................l569, 1667
HB 968 --Correctional Medical Services Panel; create ........................................1570, 1667 HB 969 --DeKalb County; chief magistrate; compensation................................!570, 1667,
1718, 1732, 1980
HB 970 --Carroll County; state court judge; nonpartisan election without primary .................................1421, 1572, 1669, 1674, 1860
HB 971 --Carroll County; board of education; nonpartisan election without primary .................................1421, 1572, 1669, 1674, 1860
HB 972 --Carroll County; chief magistrate; nonpartisan election................................................................!421, 1572, 1669, 1674, 1860
HB 973 --Carroll County; education districts...................................1421, 1572, 1669, 1674 HB 974 --Carroll County; chief magistrate; primary............................................l421, 1572 HB 975 --Hotels and motels; county and municipal levies;
bike or pedestrian trails..................................................................!570, 1667 HB 976 --Cobb County; probate judge and clerk; compensation......................1570, 1667,
1718, 1732, 1980 HB 977 --Teachers Retirement; break in service; reinstatement .......................1570, 1667 HB 978 --Teachers Retirement; certain early childhood
development programs; credit........................................................!570, 1667 HB 979 --Statesboro, City of; amend provisions..................................................l571, 1667,
1718, 1733, 2131 HB 980 --Medical Care Savings Account and Trust Act; enact.........................1571, 1667 HB 981 --Teachers Retirement; membership; public
school employees..............................................................................l571,1667 HB 982 --Henry County; board of commissioners; amend
provisions ..........................................................................................1571, 1667 HB 983 --Twiggs County; education districts.....................,...1663, 1715,1754, 1756, 2131 HB 984 --Upson County; probate court judge........................!663, 1715, 1754, 1756, 2131 HB 985 --Cobb Judicial Circuit; investigators and assistant
district attorneys.....................................!664, 1715, 1754, 1756, 2351, 2406 HB 986 --Kennesaw, City of; restate corporate limits ........................................1664, 1715,
1754, 1756, 2131 HB 987 --Bonded notaries public; provisions........................................................!664, 1715 HB 988 --Mental illness; certain hospitalized minors;
discharge...................................................................................-........1664,1715
HB 989 --Unused school buildings; local boards offer
as gifts to county or municipality .................................................1664, 1715
HB 990 --Dentists, dental hygienists, dental assistants;
substantial revision of provisions ..................................................1664,1715

2870

INDEX

HB 991 --Wildlife management area; required clothing during deer season ...........................................................................1665, 1715
HB 992 --Securities; effectiveness of registration; clarification.......................................................................................1665, 1715
HB 993 --City of Atlanta-Fulton County Intergovernmental Services Advisory Commission; create..........................................1665, 1715
HB 994 --Haralson County; education districts.....................1665, 1715, 1754, 1756, 2131 HB 995 --Smyrna, City of; unpaid ad valorem taxes;
interest and penalties.......................................1665, 1715, 1754, 1756, 2341 HB 996 --Cobb County; state court solicitor; compensation..............................1665, 1715,
1754, 1757, 2660 HB 997 --Chatham County; certain officials; compensation..............................1665, 1715,
1754, 1757, 2131 HB 998 --Bullock County; state court; judge and solicitor ................................1666, 1715,
1754, 1757, 2131 HB 999 --College preparatory curriculum; certain 8th
or 9th grade credits .........................................................................1666, 1715 HB 1000 --Teachers Retirement; certain early childhood
development programs; credit........................................................1666, 1715 HB 1001 --Dodge County; board of education; nonpartisan
elections..........................................-...................1666, 1715, 1754, 1757, 2340 HB 1002 --Heart of Georgia Regional Airport Authority;
create...................................................................!666, 1715, 1976, 1976, 2340 HB 1003 --Juvenile court; dead docketed cases......................................................1666, 1715 HB 1004 --Education; drug testing of students.......................................................!712, 1753 HB 1005 --State health planning; home health agencies;
certificate of need ............................................................................1712, 1753 HB 1006 --District Attorneys' Retirement; assistant
district attorney; prior service credit............................................1712, 1753 HB 1007 --Bowersville, Town of; new charter..........................!712, 1753, 1853, 1853, 2340 HB 1008 --Pike County; board of education; nonpartisan
elections..............................................................!712, 1753, 1853, 1854, 2660 HB 1009 --Life insurance; premium tax reduction.................................................1713, 1753 HB 1010 --Pike County; board of commissioners....................1713, 1753, 1853, 1854, 2660 HB 1011 --Pike County; board of education ............................1713, 1753, 1853, 1854, 2661 HB 1012 --Employees' Retirement; prior service for certain
inspection service; credit.................................................................1713, 1753 HB 1013 --DeKalb County; certain officers; compensation .......................1713, 1753, 1853,
1857, 2352, 2434, 2438, 2439, 2675 HB 1014 --Fireworks; storage; magazine license .....................................................1713, 1753 HB 1015 --Judges of the Probate Courts Retirement; spouse's
option.................................................................................................!714, 1753 HB 1016 --Henry County; development authority; members....................1714, 1753, 1853,
1854, 2352, 2436 HB 1017 --Leesburg, City of; corporate boundaries..............................................1714, 1753,
1853, 1854, 2340 HB 1018 --Baldwin County; homestead exemption; certain
residents...................................................1714, 1753, 1853, 1855, 2137, 2222 HB 1019 --Putnam County; homestead exemption; certain
residents...................................................l714, 1753, 1853, 1855, 2137, 2226 HB 1020 --Pierce County; education districts..........................l714, 1753, 1853, 1855, 2340 HB 1021 --Pierce County; commissioner districts ...................1714, 1753, 1853, 1855, 2340
HB 1022 --Bacon County; board of commissioners; compensation.....................1715, 1753,
1853, 1855, 2340
HB 1023 --Alcovy Judicial Circuit; judges' supplement........................................l715, 1753,
1853, 1856, 2340
HB 1024 --Farmers' markets; signs, misting equipment,

INDEX

2871

composting facilities........................................................................1751, 1851 HB 1025 --Teachers Retirement; disability retirement; date................................1751, 1851 HB 1026 --Tax information exchange; include tax assessors ................................1751,1851 HB 1027 --Teachers Retirement; loss of position; 25
years; full benefits........,...................................................................1751, 1851 HB 1028 --Henry County; board of commissioners; amend
provisions......................................................................!752, 1851, 1976, 1977 HB 1029 --Blairsville, City of; corporate Iimits......................................................l752, 1851,
1976, 1976, 2340 HB 1030 --Wills and estates; amend provisions..................................................,...1752, 1851 HB 1031 --Hazlehurst, City of; mayor; amend provisions....................................1752, 1851,
1976, 1977, 2340 HB 1032 --Pawnbrokers; licensure; provisions ........................................................1752, 1852 HB 1033 --Sexual assault by religious or pastoral
counselor; define offense.................................................................!848, 1973 HB 1034 --Inmates; work details; use of leg chains.....,..........................................1848, 1973 HB 1035 --State health planning; certificate of need;
exemption...............................................,..........................................1848, 1973 HB 1036 --Water pollutants; permit fees; certain discharge;
surcharge...........................................................................................1848, 1973 HB 1037 --Jones County; board of elections and registration;
create...................................................................!849, 1973, 2122, 2123, 2661 HB 1038 --Monroe County; landfill; restrictions .....................1849, 1973, 2122, 2123, 2661 HB 1039 --Buchanan, City of; corporate Iimits........................l849, 1973, 2122, 2124, 2661 HB 1040 --White County; board of commissioners; re-create..............................!849, 1973,
2122, 2124, 2661 HB 1041 --Forsyth County; board of commissioners; expenses...........................1849, 1973,
2122, 2124, 2661 HB 1042 --Richmond County; school or team colors
or mascot......................................................................1849, 1973, 2122, 2124 HB 1043 --Hart County; superior court clerk and probate
court judge; compensation...............................l849, 1973, 2122, 2124, 2661 HB 1044 --Hart County; tax commissioner; compensation ..................................1850, 1973,
2122, 2124, 2661 HB 1045 --Watercraft; certificate of title; provisions.,...........................................1972, 2122 HB 1046 --Employees' Retirement; credit; certain part-time
legislative branch service ................................................................1972, 2122 HB 1047 --Peace Officers' Annuity and Benefit; employment
less than 40 hours a week...............................................................!972, 2122 HB 1048 --Taxable net income reduction; certain long-term
care insurance..........................,........................................................1972, 2122 HB 1049 --Taxable net income reduction; certain retirement
contributions.....................................................................................!972, 2122 HB 1050 --Hephzibah, City of; repeal charter; Richmond
County; reorganize government......................1850, 1973, 2122, 2125, 2661 HB 1051 --Augusta, City of; repeal charter; Richmond
County; reorganize government...................... 1850, 1973, 2122, 2125, 2661 HB 1052 --Monroe County; board of commissioners; compensation ..................1851, 1973,
2122, 2125, 2662 HB 1053 --Monroe County; custodian and registrar; fees ....................................1851, 1973,
2122, 2125, 2662 HB 1054 --Augusta-Richmond County Commission-Council;
governing authority of Richmond County ...................................1851, 1973
HB 1055 --Hephzibah, City of; repeal charter; Richmond
County; reorganize government.....................................................1851, 1973
HB 1056 --Augusta, City of; repeal charter; Richmond
County; reorganize government.....................................................1851, 1973

2872

INDEX

HB 1057 --Douglas County; community improvement districts; include City of Lithia Springs...................................l973, 2122, 2324, 2325
HB 1058 --Income tax credit; rural health care providers ....................................2120, 2324 HB 1059 --Pardons and paroles; certain investigation;
publication of notice........................................................................2120, 2324 HB 1060 --Armed robbery; death penalty or life without parole.........................2120, 2324 HB 1061 --Theft; use of firearm in armed robbery; enhanced
penalty ...............................................................................................2120, 2324 HB 1062 --Employees' Retirement; certain county juvenile
probation officers; service credit ...................................................2121, 2324 HB 1063 --Public funds; securing of deposits; pooling
of collateral .......................................................................................2121, 2324 HB 1064 --Hunting wildlife; prohibit steel-jaw traps
and leg-hold traps......................................................................................2319 HB 1065 --Courts; new judgeships; salary supplements; legal ads.......................2121, 2324 HB 1066 --Low-voltage electrical contractors; licensing requirement............................2319 HB 1067 --Motor vehicles; headlights; requirement .........................................................2319 HB 1068 --Highways; railroad grade crossings; authority
of Department of Transportation............................................................2319 HB 1069 --Hearing aids; direct mail sales; prohibitions ..................................................2319 HB 1070 --Employees' Retirement; certain former county
employees; time for obtaining credit.......................................................2320 HB 1071 --Postsecondary education; eligibility; students
in home study programs............................................................................2320 HB 1072 --Inmate Reimbursement to Counties and Municipalities
Act of 1995; enact.......................................................................................2320 HB 1073 --Parent and child; in vitro fertilization;
gestational surrogacy..................................................................................2320 HB 1074 --School Property Tax Credit Act of 1995; enact.............................................2320 HB 1075 --Common-law marriage; prohibit after 7/1/96 .................................................2320 HB 1076 --Private residences; handicapped accessibility ................................................2320 HB 1077 --Sovereign immunity; waiver; liability ..............................................................2321 HB 1078 --Business development corporations; interest
on loans........................................................................................................2321 HB 1079 --Comprehensive Science Instruction and Academic
Freedom Act; enact..........................................................................2121, 2324 HB 1080 --Special license plates; Prince Hall Masons.....................................................2321 HB 1081 --Income tax credit; certain military income.....................................................2321 HB 1082 --Professional counselors; licensing; include
addiction counseling...................................................................................2321 HB 1083 --Counties and municipalities; independent school
system; moratorium on annexation .........................................................2321 HB 1084 --Animal care and control officers; certification ...............................................2321 HB 1085 --Death penalty; televise executions ...................................................................2322 HB 1086 --Inmates; outdoor work during inclement weather.........................................2322 HB 1087 --Lottery; age for ticket purchasing; drawing
time prohibition..........................................................................................2322 HB 1088 --District Attorneys' Retirement; amend provisions ........................................2322 HB 1089 --Motor vehicle franchisors; audits; time limitation.........................................2322 HB 1090 --Motor vehicles; licensing of certain trucks .....................................................2322 HB 1091 --Motor vehicle franchisors; dealerships; relevant
market area.................................................................................................2323
HB 1092 --Trade practices; motor vehicle broker; prohibit ............................................2323
HB 1093 --Instant Brady Repeal Act; enact......................................................................2323
HB 1094 --Wildlife; certain claims against state...............................................................2323
HB 1095 --Legislative Retirement; change formula..........................................................2323
HB 1096 --Driving under the influence; alcohol concentration;

INDEX

2873

amend provisions........................................................................................2323 HB 1097 --Torts; certain manufacturers; product liability insurance............................2324

PART III
HOUSE RESOLUTIONS
HR 1 --Crime victims' rights; provisions; General Assembly enforce by general law - CA............................................. 130, 154
HR 2 --Appropriation and expenditure of state funds; revise procedures - CA................................................................80, 93
HR 3 --Initiative petition process - CA..................................................................151, 166 HR 4 --School Property Tax Relief Fund; authorize
creation - CA ............................................................................................44, 69 HR 5 --State powers; claim sovereignty under U. S.
Constitution ..............................................................................................44, 69 HR 6 --Initiative petition process - CA......................................................................44, 69 HR 7 --Ad valorem tax; millage rate limitation - CA.................................Prefiled Only HR 8 --State powers; claim sovereignty under U. S.
Constitution ..............................................................................................44, 69 HR 9 --Initiative petition process - CA.........................................................Prefiled Only HR 10 --General Assembly members, constitutional
officers, and Public Service Commission; term limits - CA.......................................................................................44, 69 HR 11 --State powers; claim sovereignty under U. S. Constitution............................................................................................92, 132 HR 12 --Ad valorem tax; low-income housing renovation exemption - CA ....................................................................................130, 154 HR 13 --Notify Senate; House convened..............................................................................9 HR 14 --House officials, employees, and committees; relative to...........................................................................................................9 HR 15 --Joint session; Governor's message..................................................................12, 71 HR 16 --Joint session; Governor's message; invite Supreme Court Justices and Appeals Court Judges ..........................12, 71 HR 17 --Joint session; message from Chief Justice of Supreme Court ....................................................................................13, 71 HR 18 --Adjournment; adjourn 1/13/95; reconvene 1/23/95; remainder of session adjourn each Friday; reconvene each Monday..........................................................................13, 71 HR 19 --Rules of House; adopt............................................................................................!5 HR 20 --Ad valorem tax; certain business exemption; local ordinances - CA..............................................................................44, 69 HR 21 --Denmark Groover, Jr., Hospital; designate.........................................45, 69, 190,
220, 2137, 2214, 2673 HR 22 --Medicaid recipients; reimbursement from
estates; urge repeal ..................................................................................45, 69 HR 23 --Voluntary group prayer in classrooms; urge
Congress restore.......................................................................................45, 69 HR 24 --Governor; reduce appropriations - CA..........................................................45, 69 HR 25 --Criminal sentences; appellate and habeas

2876

INDEX

corpus review; time limit - CA ......................................................45, 69, 167 HR 26 --Ad valorem tax; millage rate limitation - CA ..............................................45, 69 HR 27 --Governor; six-year term - CA.........................................................................45, 69 HR 28 --State elected officials; term limits - CA........................................................46, 69 HR 29 --State purpose tax; effective prior to
referendum - CA ......................................................................................46, 69 HR 30 --Gingrich, Honorable Newt; Speaker of U. S.
House; invite to House............................................................................47, 93 HR 31 --Initiative petition process - CA......................................................................46, 69 HR 32 --Mandatory service of sentences for certain crimes - CA............................46, 69 HR 33 --State elected officials; term limits - CA........................................................46, 69 HR 34 --State elected officials; term limits - CA........................................................47, 69 HR 35 --Rules of House; amend Rule 52.....................................................................47, 69 HR 36 --Rules of House; amend Rule 58.....................................................................47, 69
HR 37 --Sales tax on food; proceeds used for property tax relief - CA...........................................................................................68, 81
HR 38 --Torbert, Captain Jerry; commend........................................................................69 HR 39 --Newman, Dr. Jack R.; commend..........................................................................70 HR 40 --Colquitt County High School Packers football
team; commend...............................................................................................70 HR 41 --Wetherington, W. J. (Jim); commend .................................................................70 HR 42 --Jordan, G. Gunby; condolences ............................................................................70 HR 43 --Hodge, Sheriff J. E. (Gene); commend................................................................70 HR 44 --Kamensky, Harry; condolences.............................................................................70 HR 45 --Hudson, Jon and TEENCARE; commend..........................................................70 HR 46 --Rad Board and developers; commend .................................................................70 HR 47 --Teems; Ralph; condolences....................................................................................70 HR 48 --Georgia Save Outdoor Sculpture; commend.......................................................70 HR 49 --Fulton County and MARTA; convey property ...................68, 81, 190, 221, 656 HR 50 --Special purpose county sales tax; educational
purposes - CA...........................................................................................80, 93 HR 51 --General bills raising revenue; two-thirds
vote required - CA...................................................................................80, 93 HR 52 --State Flag Commission for the Olympic Games; create.............................80, 93 HR 53 --Certain property in Chatham County; remove
from industrial area - CA...............................................................81, 93, 847 HR 54 --Brooks County Trojan Football Team; invite to House ..................82, 132, 156 HR 55 --James H. "Sloppy" Floyd Veterans Memorial
Building; permanent display; commend World War II veterans.............................................................92, 132, 167, 220, 656 HR 56 --Wildflower Project Trust Fund; create - CA .............................................92, 132 HR 57 --Public Service Commission; composition and election - CA...........................................................................................92, 132 HR 58 --Public Service Commission; election by General Assembly - CA........................................................................................93, 132 HR 59 --State Compensation Board; General Assembly provide by general law - CA.................................................................93, 132 HR 60 --Perdue, Dr. Garland D.; commend.......................................................................82 HR 61 --Glenn Memorial United Methodist Church; commend ....................................82 HR 62 --White, Charles Frost; commend...........................................................................82 HR 63 --Blalock, Michael Colin; commend........................................................................82 HR 64 --Moore, Lovie Beck; commend...............................................................................82
HR 65 --Thomas County Central High School football team; invite to House....................................................................94, 155, 156
HR 66 --Haisten, Thomas E.; condolences.........................................................................94
HR 67 --Conaway, Noel C.; condolences.............................................................................94
HR 68 --Odum, Reverend Matthew M.; commend...........................................................94

INDEX

2877

HR 69 --Padgett, Jeannie; commend...................................................................................94 HR 70 --Washington County Golden Hawks football
team; commend...............................................................................................95 HR 71 --Kimbro, Stacie Marie; commend..........................................................................95 HR 72 --Zeier, Eric; commend..............................................................................................95 HR 73 --Georgia Citizens for the Arts; commend.............................................................95 HR 74 --"Motorcycle Awareness and You Month"; recognize
May, 1995 ........................................................................................................95 HR 75 --Doty, Karen; commend..........................................................................................95 HR 76 --State sovereignty; restate ............................................................................131, 154 HR 77 --Office of inspector general; create - CA....................................................131, 154 HR 78 --Condrey, Sue F.; compensate ............................131, 154, 1449, 1599, 2347, 2501 HR 79 --Lake Oconee Parkway; designate.............................,......131, 154, 224, 627, 2662 HR 80 --Key, Alonzo; compensate.........................131, 154, 1449, 1600, 2259, 2444, 2673 HR 81 --Atlanta, City of; Rhodes Memorial Hall;
rental agreement.......................................................131, 154, 422, 472, 1864 HR 82 --Sullens, Mr. and Mrs. Kenneth; compensate...........................................131, 154 HR 83 --Initiative petition process - CA..................................................................131, 154 HR 84 --Hughes, Coach Jim, and staff; invite to House...............................l34, 155, 156 HR 85 --Dunwoody High School fastpitch softball
team; invite to House..................................................................l34, 155, 157 HR 86 --Tattnall Square Academy football team; invite
to House ........................................................................................134, 155, 157 HR 87 --Holloway, Reverend Wayne; commend .............................................................135 HR 88 --Georgia SMOKE-FREE CLASS OF 2000; commend.....................................136 HR 89 --4-H Day at state capitol; invite winners
and president to House ..............................................................134, 167, 193 HR 90 --AARP Day at the Capitol; recognize.................................................................136 HR 91 --Martin Luther King, Jr., holiday observance
at the Shiloh Baptist Church; commend..................................................136 HR 92 --House State Emergency Management Study Committee;
create .................................................................................152, 166, 1975, 2445 HR 93 --General Assembly; term limits - CA..........................................................152, 166 HR 94 --"Charles Hardy Parkway"; designate portion
of Georgia Highway 120...........................................152, 166, 224, 277, 2134 HR 95 --Aged and Disabled Transportation Task Force;
recreate ..................................................152, 166, 573, 853, 2503, 2581, 2673 HR 96 --Ad valorem taxes; limitation on increases - CA ......................................152, 166 HR 97 --General Assembly; term limits - CA..........................................................152, 166 HR 98 --Budget; limit growth to gross state product growth - CA .....................152, 166 HR 99 --Initiative petition process - CA..................................................................152, 166 HR 100 --Clark, William H.; compensate..............................................153, 166, 1449,1601 HR 101 --Divorce; U. S. service personnel; residency
and venue - CA ....................................................................................153, 166 HR 102 --Fletcher, Carrie; compensate..................................................!53, 166, 1449, 1602 HR 103 --Federal estate taxes; urge Congress increase
gross exemption....................................................................................153, 166 HR 104 --House Study Committee on Privatization of
State Governmental Services; create ................................................153, 166 HR 105 --General bills increasing taxes or fees; approval - CA.............................153, 166 HR 106 --Skandalakis, Mitch; invite to House.................................................157, 223, 237 HR 107 --Savannah College of Art and Design; commend..............................................157
HR 108 --Exley, Preston; commend ....................................................................................157
HR 109 --Greater Bethel AME Church; 100th anniversary; commend .........................157
HR 110 --King, Martin Luther, Jr.; prayer breakfast; commend ...................................157
HR 111 --McWhorter, Honorable Hamilton, Jr.; express best wishes for speedy recovery.................................................................157

2878

INDEX

HR 112 --Beard, Coach Don; commend..............................................................................157 HR 113 --"Lawrenceville Public Schools Centennial
Year"; designate 1995 ..................................................................................157 HR 114 --Terrell Academy Eagle football team; invite to
House.............................................................................................l58, 181, 193 HR 115 --Lassiter High School marching band; invite to House...................l58, 223, 237 HR 116 --Republic of South Africa; commend leaders;
invite to House.............................................................................l58, 223, 238 HR 117 --Delta Sigma Theta Sorority; invite members to House.................158, 223, 238 HR 118 --Georgia Women's Intersport Network (GA-WIN);
invite members to House............................................................l58, 224, 238 HR 119 --General bills increasing taxes or fees; approval - CA.............................153, 166 HR 120 --Campbell, Mayor Bill; invite to House.............................................158, 224, 238 HR 121 --"Senior Week at the Capitol"; declare
February 14-16, 1995...................................................................................178 HR 122 --State Museum and State Library Study Commission;
recreate.......................................................................165, 189, 573, 872, 2662 HR 123 --Rules of House; amend ...............................................................165, 189, 224, 243 HR 124 --Lovejoy High School; commend .........................................................................178 HR 125 --Lane, Sue; commend ............................................................................................178 HR 126 --Johnson, Lee; commend.......................................................................................!78 HR 127 --Georgia Citizens for the Arts; commend...........................................................178 HR 128 --Glennville Elementary School; commend..........................................................l79 HR 129 --Clayton County School System; commend .......................................................179 HR 130 --Lovejoy Middle School; commend......................................................................l79 HR 131 --Pointe South Elementary School; commend ....................................................179 HR 132 --Veterans Affairs, Department of; commend national
salute to hospitalized veterans...................................................................179 HR 133 --Charlton County Volunteer Fire Department
and "First Responders"; commend ...........................................................179 HR 134 --Charlton County Volunteer Fire Department
and "First Responders"; commend ...........................................................179 HR 135 --Charlton County Emergency Medical Service; commend ..............................179 HR 136 --Charlton County Emergency Medical Service; commend ..............................179 HR 137 --Heidel, Lee; commend..........................................................................................l79 HR 138 --Rucks, Brandie; commend...................................................................................179 HR 139 --Stephens, Jill; commend......................................................................................179 HR 140 --Vickers, Maria; commend....................................................................................179 HR 141 --Harris, Julian; commend......................................................................................180 HR 142 --Webb, Carlton; commend ....................................................................................180 HR 143 --Marlow, Brandon; commend...............................................................................180 HR 144 --Love, Brad; commend ..........................................................................................180 HR 145 --Harper, VaShaun; commend...............................................................................180 HR 146 --Gilbert, Erin; commend .......................................................................................180 HR 147 --Rucks, Brandie; commend...................................................................................180 HR 148 --Martin, Rachael; commend .................................................................................180 HR 149 --Stancil, Jennifer; commend.................................................................................180 HR 150 --Foust, Todd Gordon; condolences; invite
father, Gordon Foust, to House................................................................. 180 HR 151 --Johnson, Lee; invite to House............................................................180, 224, 238 HR 152 --Baker, Colonel Russell; invite to House........................................... 180, 224, 238 HR 153 --Edwards, Corporal Arvid J.; invite to House...................................l81, 224, 238
HR 154 --Public employment, education, contracting; prohibit discrimination - CA..............................................................188, 211
HR 155 --Floyd County; convey property; Acworth,
City of; annex property in Cobb County................................188, 211, 422, 539, 1766, 1875

INDEX

2879

HR 156 --Blairsville Sorghum Festival; designate official state sorghum festival...................,.....................................189, 211, 422, 544
HR 157 --Local enterprise zones; creation; General Assembly provide by general law - CA ....................................189, 211, 397
HR 158 --Special purpose county sales tax; educational purposes; General Assembly authorize - CA ...................................189, 211
HR 159 --Cave Spring, City of; annex property in Floyd County........................................................................189, 211, 422, 542, 1864
HR 160 --M. L. King, Jr. Drive; designate portion of State Highway 333...............................................189, 211, 224, 275, 1864
HR 161 --Rosa M. Tarbutton Memorial Library; designate...................211, 233, 422, 545 HR 162 --Zumbro, George Lionel, Jr., M. D.; commend..................................................201 HR 163 --"Health Care for Rural and Underserved Georgians
Day"; recognize.............................................................................................202 HR 164 --Joyner, William R., "Billy"; commend..............................................................202 HR 165 --Collaborative effort to improve character
of Georgia's youth; recommend..................................................................202 HR 166 --Lee, Nelson Lewis; commend.........................,....................................................202 HR 167 --Collins, Lois; commend........................................................................................202 HR 168 --Hatfield, Joe S.; commend ..................................................................................202 HR 169 --Hatfield, Joe S.; commend ..................................................................................202 HR 170 --Hatcher, Christopher; invite to House..............................................212, 224, 238 HR 171 --Counties; unfunded state mandates; hardship
relief - CA .............................................................................................232, 259 HR 172 --Brandenburg, Charlotte; compensate; Fletcher,
Carrie; compensate .....................................232, 259, 1449, 1602, 2347, 2506 HR 173 --Labeling; country of origin of peanuts; urge
Congress require........................................................232, 259, 391, 429, 1984 HR 174 --Brooks County; convey easement,...................................232, 259, 422, 475, 1864 HR 175 --McKinney, Reverend Arnold; commend ...........................................................238 HR 176 --Washington-Wilkes Middle School; commend.................................................238 HR 177 --Patterson, Charles; commend.........................................,....................................239 HR 178 --Stovall, David; commend.....................................................................................239 HR 179 --Georgia's Antebellum Trail; 10th anniversary; commend ..............................239 HR 180 --Goodrum, George M.; commend.........................................................................239 HR 181 --Global Research System, Inc; commend ...........................................................239 HR 182 --Jackson, Glenn A., Sr.; commend.......................................................................239 HR 183 --Greiner, Wendy Marie; Miss Cobb County; commend...................................239 HR 184 --Fort Valley State College; 100th anniversary; commend................................239 HR 185 --Fort Valley State College; 100th anniversary; commend .......................239, 395 HR 186 --Bainbridge High School "Bearcat" Band; commend ......................................239 HR 187 --Great Flood of 1994 Recovery Day; declare
January 31, 1995...........................................................................................239 HR 188 --Military action authorized by United Nations;
urge nonparticipation by Congress....................................................259, 391 HR 189 --Michael J. Padgett, Sr., Highway; designate
portion of State Highway 56 .............................................259, 391, 485, 543 HR 190 --Lottery proceeds; 20% to local school systems - CA..............................259, 391 HR 191 --Cordele-Crisp County Fish Fry; invite
spokespersons to House..............................................................264, 463, 490 HR 192 --Colon, Joe, Jr.; invite to House.......,..................................................264, 463, 491 HR 193 --Trafficking in controlled substances; mandatory
service of sentence - CA......................................................................390, 421
HR 194 --State elected officials; term limits - CA....................................................390, 421
HR 195 --Old Milton Parkway and Old Milton County
Bridge; designate.......................................................390, 421, 485, 542, 2344
HR 196 --Old Milton County Bridge; designate .......................................................390, 421

2880

INDEX

HR 197 --Georgia Farm Bureau Federation; invite president to House ......................................................................264, 392, 398
HR 198 --Glenn Memorial United Methodist Church; commend on 75th anniversary.....................................................................................382
HR 199 --Jack Vaughan Building; urge designation at Chattahoochee Tech....................................................................................382
HR 200 --Vaughan, Honorable Jack; condolences.............................................................382 HR 201 --Hospitals, nursing homes and day care centers;
encourage plan for emergencies .................................................................382 HR 202 --Rigdon, Laura Lee; commend.............................................................................382 HR 203 --Price, Reverend Marcus F., Sr.; commend........................................................382 HR 204 --Logan, Robert F.; commend................................................................................382 HR 205 --Caldwell, Captain Sonny; commend ..................................................................382 HR 206 --Oliver, Clinton; commend....................................................................................382 HR 207 --Floyd, James Marvin, Sr.; commend .................................................................382 HR 208 --Stewart, Curtis; commend ...................................................................................382 HR 209 --Bradford, Bennie; commend................................................................................382 HR 210 --Public and private schools; encourage plan
for emergencies.............................................................................................383 HR 211 --Education, State Board of; advisory board
to State School Superintendent and local boards of education - CA....................................................................420, 461 HR 212 --Lottery proceeds; allocate 10% to local boards of education - CA.................................................................................420, 461 HR 213 --Denekamp, Antoon Hermanus "Tony"; condolences......................................414 HR 214 --Braswell, Don; condolences .................................................................................414 HR 215 --Parks, George Richard "Rick", Jr.; condolences..............................................414 HR 216 --Brown, Richard D.; condolences.........................................................................414 HR 217 --Patten, Honorable Robert Lee, II; condolences...............................................414 HR 218 --Poag, Honorable Charles Nathan; commend....................................................414 HR 219 --Griffin, Inez Love; condolences...........................................................................414 HR 220 --League of Women Voters of Georgia; commend on 75th anniversary .....................................................................................414 HR 221 --Mackey, Mary; commend.....................................................................................415 HR 222 --Perkins, Juanita Eason; commend.....................................................................415 HR 223 --Maynard, Thelma Kendrick; condolences.........................................................415 HR 224 --Berksteiner, Bettye Anne West; commend.......................................................415 HR 225 --Jackson, Catherine W.; commend ......................................................................415 HR 226 --Robinson, Professor Margaret Chisholm; commend .......................................415 HR 227 --Wolves Club; commend........................................................................................415 HR 228 --Wilson, Cathran P.; commend ............................................................................415 HR 229 --Brown, Margaret Solomon; condolences............................................................415 HR 230 --Etheredge, Judye Pennington; condolences......................................................415 HR 231 --Carroll County, Whitfield County, and Stephens County; convey property.............................460, 484, 647, 1272, 2456, 2508 HR 232 --Tattnall County; convey property.................................460, 484, 647, 1032, 1864 HR 233 --Private Lucy Matilda Gauss Bridge; designate ......................................460, 484,
736, 861, 2344 HR 234 --Barrow County; lease property..................................................460, 484, 647, 756 HR 235 --Keep Macon-Bibb Beautiful Commission, city and
county officers, and Cherry Blossom Festival Board; invite to House............................................................428, 1217, 1219
HR 236 --Georgia National Guard Day; declare; invite
Major General Bland to House .................................................428, 884, 890
HR 237 --Supplemental appropriations; prohibit; exceptions - CA.......................460, 484
HR 238 --Gingrich, Honorable Newt L.; Speaker of U. S.
House; invite to joint session.............................................................467, 536

INDEX

2881

HR 239 --House Fire Ant Study Committee; create................................461, 484, 654, 960 HR 240 --National sales tax to replace federal income
tax; urge Congress impose..................................................................483, 531 HR 241 --General Assembly; term limits - CA..........................................................483, 531 HR 242 --Georgia Agricultural Exposition Center Horse
Racing Facility Study Committee; create .......................................483, 531, 983, 1109, 2662
HR 243 --Economic parity assessment; authorize study by Department of Audits and Accounts...........................................483, 531
HR 244 --Mendonsa, Arthur A. (Don); commend.............................................................476 HR 245 --Yeargin, Honorable Charles W.; commend.......................................................476 HR 246 --Wells, Dr. Donald Theodore; commend............................................................477 HR 247 --Mills, Charles; commend......................................................................................477 HR 248 --Perkins, Honorable Thomas B.; condolences ...................................................477 HR 249 --Garrison, Doug; commend ...................................................................................477 HR 250 --Silver-Haired Legislature; commend..................................................................477 HR 251 --Manufacturing Appreciation Week at the
Capitol; recognize.........................................................................................521 HR 252 --Mountain View Elementary School; commend ................................................521 HR 253 --Sprayberry High School; commend..............................................................,.....521 HR 254 --Remington, Rosemarie; commend......................................................................522 HR 255 --809th Tank Destroyer Association; commend..................................................522 HR 256 --Seubott, Sister Mary Alvin; commend ..............................................................522 HR 257 --Alien, C. W. "Woody"; commend.......................................................................522 HR 258 --Pilot Club of Carrollton; commend on 50th anniversary ...............................522 HR 259 --Illegal drugs; urge Congress to declare war ...........................530, 572, 942, 1091 HR 260 --Joint Study Committee on Pilot Projects in
the Cobb Judicial Circuit; create......................................530, 572, 736, 923 HR 261 --Pine Mountain Trail; designate portion in
honor of D. Neal Wickham .....................................531, 572, 617, 658, 1764 HR 262 --William E. "Bill" Ireland Youth Development
Campus; designate.......................................................................531, 572, 984 HR 263 --School district sales tax; General Assembly
authorize by general law - CA ...........................................................531, 572 HR 264 --Legislators; travel expenses and per diem;
urge exclusion from income for certain purposes................................................................................531, 572, 573, 837 HR 265 --Alpha Kapppa Alpha Sorority, Inc; invite director and members to House................................................567, 646, 659 HR 266 --Georgia Recreation and Parks Association; invite representatives to House.................................................567, 646, 659 HR 267 --Kendrick High School girls track team; invite to House........................................................................................567, 646, 660 HR 268 --Mendonsa, Arthur A. (Don); invite to House..................................567, 646, 660 HR 269 --"Engineers' Day" in Georgia; declare February 7,1995 .................................567 HR 270 --Bark Camp Baptist Church; 134th anniversary; commend............................567 HR 271 --Thomas Grove Baptist Church; 125th anniversary; commend......................567 HR 272 --Jones Grove Baptist Church; 115th anniversary; commend ..........................567 HR 273 --Third Chapel Baptist Church; 115th anniversary; commend ........................568 HR 274 --Aiken, Kimberly; Miss America 1994; commend .............................................568 HR 275 --Goodwill Baptist Church Gospel Choir; commend..........................................568 HR 276 --James Cecil Harper, Jr., Bridge; designate..........,...................................571, 616,
736, 862, 2344
HR 277 --Cramer, Robert T.; compensate............................................571, 616, 1449,1603,
2347, 2420, 2456, 2511, 2599, 2618, 2670
HR 278 --Krahn, Andrea Claudette; invite to House ......................................611, 646, 660
HR 279 --Clough, Dr. Gerald Wayne; President of Georgia

2882

INDEX

Tech; commend ............................................................................................611 HR 280 --Conference of the States; issue call.........................................616, 654, 983, 1196 HR 281 --Atlanta Symphony Orchestra; 50th anniversary; commend...........................611 HR 282 --Daniel, Liz; commend...........................................................................................611 HR 283 --Nobles, Billy Ray; commend...............................................................................611 HR 284 --Becker, Dr. Sherri L.; commend.........................................................................611 HR 285 --Spangenberg, Elva; condolences .........................................................................611 HR 286 --Strickland, Robert; condolences .........................................................................612 HR 287 --Walton, Reverend Eugene; commend................................................................644 HR 288 --Grier, Reverend Clarence, Jr.; commend ..........................................................644 HR 289 --Elliott, Mary Sims; invite to House ..................................................625, 812, 839 HR 290 --Federal estate taxes; urge Congress increase
gross exemption.................................................................653, 735, 885, 1032 HR 291 --Bartow Gibson Highway; designate portion
of State Highway 285.............................................653, 735, 984, 1144, 2662 HR 292 --General Assembly; certain vacancies; Governor
appoint - CA.........................................................................................653, 735 HR 293 --Eddie Eagle Gun Safety Program; urge school
systems adopt; commend National Rifle Association on development..................................653, 735, 943, 1400, 2345 HR 294 --Walker, Honorable Larry; commend..................................................................644 HR 295 --Life, Mitchell J.; commend..................................................................................644 HR 296 --Skarpalezos, George and Sheryl; commend ......................................................644 HR 297 --Firefighters' Recognition Day; observe February 14, 1995.............................644 HR 298 --Richmond County; convey property .......................................653, 735, 885, 1029 HR 299 --Homestead exemption; deceased veterans; certain survivors - CA.......................................................................................653, 735 HR 300 --Shirling, Sgt. Charles and Sgt. Mike Ferros; commend..................................659 HR 301 --Anderson, Paul Edward; condolences; invite Glenda Anderson to House........................................................725, 847, 853 HR 302 --State office buildings; urge Georgia Building Authority designate smoking areas...................................................731, 812 HR 303 --Planning Committee for the Religious Community Conference on the Needs of Children; create...................................................................................731, 812, 884, 1013 HR 304 --Wade R. Milam, Jr., Bridge; designate ..................................731, 812, 984, 1400 HR 305 --Health care reform; include mental health care benefits.....................................................................731, 812, 1300, 1737 HR 306 --Edwards, Hallie Ward; commend.......................................................................745 HR 307 --Wildflowers; encourage planting along roads ...................................................745 HR 308 --Padgett, Honorable Michael J. "Mike"; commend..........................................745 HR 309 --Hamrick, Harriette Glenn; commend ................................................................745 HR 310 --DuPont, Leo Hamilton, and others; "Carpet for Comfort" project; commend.......................................................................745 HR 311 --Davenport, Mary Ann (Mollie); condolences....................................................745 HR 312 --Culpepper, Mr. and Mrs. Vamus; commend ....................................................745 HR 313 --Anne Elizabeth Shepherd Home; Twin Cedars Youth Services, Inc.; commend..................................................................745 HR 314 --Burgess, Otis M.; commend.................................................................................745 HR 315 --"African American Business Enterprise Day"; recognize...............................745 HR 316 --Cumberland Island and St. Marys; urge certain action by National Park Service.....................................734, 812, 846, 1017
HR 317 --Voter Registration Act of 1993; urge Congress
fund or repeal.......................................................................................734, 812
HR 318 --Georgia Peach Festival; invite representative
to House ........................................................................................809, 884, 890
HR 319 --Five Star Dodge, Inc.; compensate; Clark,

INDEX

2883

William H.; compensate................................................734, 812, 1449, 1604, 2347, 2420, 2456, 2506, 2598, 2613, 2670
HR 320 --Lane, Honorable Richard G.; invite to House.................................809, 847, 853 HR 321 --Albany-Dougherty County Day at the Capitol;
declare 2/23/95; invite representatives toHouse..................................,.................................................819,1098,1143 HR 322 --Additional county; authorize creation - CA .............................................845, 883 HR 323 --Regional development centers; ratify boundaries...................................845, 883,
1099, 1269, 1317, 1605 HR 324 --Georgia Future Communities Commission; create .................................881, 941,
1415, 1613, 2345 HR 325 --Moore, William J. "Billy"; invite to House..................................853,1852, 1914 HR 326 --Sincerity in House; encourage; adopt "Sincerely"
as official song..............................................................................881, 941, 941 HR 327 --House State Buildings Study Committee; create....................................882, 941 HR 328 --Divorce and alimony; determination by judge - CA ...............................882, 941 HR 329 --Civil cases; juries of six; General Assembly
prescribe - CA.......................................................................................882, 941 HR 330 --Certain misdemeanors; court render judgment
without jury - CA.................................................................................882, 941 HR 331 --"Voting Rights Participation and Voter Registration
Month"; proclaim March....................................................................882, 941 HR 332 --"Paul E. Nessmith Parkway"; designate portion
of U. S. Highway 25....................................................................883, 941, 984 HR 333 --Carbon monoxide poisoning; urge alerting
public to danger .........................................................................883, 941,1133 HR 334 --Milledgeville, City of; convey property ................................941, 981,1160,1432 HR 335 --Pelham, City of; lease property...................................941, 981,1160, 1432, 2662 HR 336 --Staley, Honorable Mary Ellen; commend .........................................................934 HR 337 --Heard, L. J. and Irma; commend.......................................................................934 HR 338 --Arbor Day in Georgia; recognize 103rd anniversary........................................934 HR 339 --Georgia Recycling Market Development Council; commend.........................934 HR 340 --Savannah-Chatham League of Women Voters; commend .............................935 HR 341 --Dunahoo, Eva H.; commend................................................................................935 HR 342 --Osborne High School Stock Market Game Teams; commend.......................935 HR 343 --Callaway, Virginia Hand; condolences...............................................................935 HR 344 --Cass, Don; commend ............................................................................................935 HR 345 --Cannonville, Town of; commemorate establishment.......................................935 HR 346 --Hepburn, Dr. Mary A.; commend ......................................................................935 HR 347 --Sample, Dr. Maxine; commend...........................................................................935 HR 348 --Echols, James Franklin, Sr.; condolences..........................................................935 HR 349 --Georgia National Guard Day; declare February 22,
1995; invite Major General Bland to House............................935, 983, 991 HR 350 --"Save the Children Day"; invite Sally Struthers
to House ........................................................................................949, 983, 991 HR 351 --Stephens County; convey property .....................................980, 1022, 1160, 1399 HR 352 --Williams, Grady; commend .................................................................................973 HR 353 --The Heritage Singers; commend ........................................................................973 HR 354 --Daniels, Reverend W. M.; commend on 54th
anniversary at Central Baptist Church.....................................................973 HR 355 --Rahn, Raiford H.; condolences ...........................................................................974 HR 356 --Parkinson's Disease victims; Governor declare
5/20/95 day of recognition .........................................1021, 1097, 1098, 1237
HR 357 --Spoken languages; policy of state ..........................................................1021, 1097
HR 358 --Rabun County, Troup County, Barrow County; lease property..............................,.....................1021, 1097, 1416, 1641, 2502, 2559
HR 359 --Crouch, Frank C.; commend ...............................................................................991

2884

INDEX

HR 360 --Campbell, James Neal III; commend.................................................................991 HR 361 --Motiwala, Maryam; commend.............................................................................991 HR 362 --Tamplin, Honorable Howard; condolences.......................................................992 HR 363 --Verner, Henry and Alan; commend ...................................................................992 HR 364 --Mainor, Tom; commend.......................................................................................992 HR 365 --Joint Privatization Review Committee; create.....................................1021, 1097 HR 366 --House Privatization Review Committee; create...................................1022, 1097 HR 367 --Agricultural products; processing fees; industry
promotion - CA........................................................................980, 1022, 1238 HR 368 --Pete Hackney Parking Facility; designate.............................................980, 1022,
1098, 1235, 1984 HR 369 --House Prevention of Driving Under the Influence
by Young Drivers Study Committee; create................................!022, 1097 HR 370 --Fuller, Whitney; invite to House...................................................992, 1134, 1144 HR 371 --Fort Benning; Major General John W. Hendrix;
invite to House.........................................................................992, 1573, 1606 HR 372 --Harvard, Chief Beverly; invite to House...........................................................992 HR 373 --Truck weights; uniform tolerances among states;
urge Federal Highway Administration provide...........................1022, 1097 HR 374 --AIDS and HIV impact on health care systems;
prepare report...................................................................................!022, 1097 HR 375 --Woodard, Glen P.; condolences ..........................................................................992 HR 376 --Clay County; lease property; Ware County;
lease property...............................................................!022, 1097, 1160, 1398 HR 377 --Painter, Jamey; commend .................................................................................1092 HR 378 --Smith, Ruby and Jack; commend ....................................................................1092 HR 379 --Buffington, Sara and Herbert; commend........................................................!092 HR 380 --Johnston, Elizabeth and Smith; commend .....................................................1092 HR 381 --Certain federal grants; urge state legislative
oversight............................................................................................1096, 1132 HR 382 --"Women's History Month"; designate March, 1995 ..........................1096, 1132,
1217, 1655, 2345 HR 383 --Public officers and candidates; urge propriety
and civility........................................................................................1096, 1132 HR 384 --Joint Study Committee on Pilot Projects in
the Gwinnett Judicial Circuit; create.......................!097, 1132, 1217, 1399 HR 385 --State banks; federal regulatory examination
fee; urge Congress reject ............................................1097, 1132, 1216, 1399 HR 386 --House Emergency Medical Services Study
Committee; create............................................................................H31, 1208 HR 387 --State employees; common salary increase date;
relative to..........................................................................................1132, 1208 HR 388 --Worth County; convey property..............................H32, 1208, 1310, 1647, 2345 HR 389 --Tudor, Jim; commend........................................................................................1108 HR 390 --Grogan, Dr. Wanda J.; commend.....................................................................1108 HR 391 --Oconee County Clean and Beautiful Commission; commend......................H08 HR 392 --Whitaker, William; commend ...........................................................................1108 HR 393 --Burgess, Nathan; commend...............................................................................H08 HR 394 --Andrews, Lee Beth; commend..........................................................................1108 HR 395 --Mount Herman Baptist Church; commend on 100th anniversary..............1108 HR 396 --Battle Hill Masonic Lodge; commend.............................................................1109 HR 397 --Waldrop, Sheriff Tommy; commend................................................................H09
HR 398 --Georgia Trees Coalition and Trees Atlanta; commend.................................H09
HR 399 --Islamic community; commend; invite Imam Plenum
El-Amin to House......................................................................................1109
HR 400 --Special purpose county sales tax; educational
purposes - CA...................................................................................1132, 1208

INDEX

2885

HR 401 --Capital felony cases in Supreme Court; Attorney General represent state - CA .........................................................1132, 1208
HR 402 --Knight, Bill; commend.......................................................................................1109 HR 403 --Adjournment; relative to...........................................................,........................1142 HR 404 --Voluntary prayer in schools; urge Congress restore............................1132,1208 HR 405 --Madray, Richard; commend..............................................................................1144 HR 406 --James, William Duncan and Amie Celestine
Thornton; 75th family reunion; honor descendants .............................1144 HR 407 --Bazemore, Earl E., Jr.; commend .....................................................................1144 HR 408 --Sales tax exemption; certain off-road timher
equipment; declare legislative intent .......................1206, 1248, 1302, 1685 HR 409 --Cannonville, Town of; commemorate establishment;
invite descendants of William Sherman Cannon to House.................1159 HR 410 --Risley High School; commend ..........................................................................1144 HR 411 --24th Infantry Division (Mechanized) at Fort Stewart;
urge U. S. Army not change......................................1206, 1248, 1716, 1920 HR 412 --Certain crimes against elderly; prohibit parole - CA..........................1206, 1248
HR 413 --House Efficiency, Economy, and Management in State Government Study Committee; create..........................1206, 1248
HR 414 --Mauldin, Archie Thomas; honor.....,.................................................................1144 HR 415 --Georgia Commission on the Holocaust; commend;
invite Sylvia Wygoda to House...........................................1159,1209, 1215 HR 416 --Todd, Honorable Monroe; commend...............................................................1144 HR 417 --Joint Study Committee on School Construction;
create...................................................................!206, 1248, 1415, 1654, 2345 HR 418 --Trail of Tears Parkway; designate..............................................,1245, 1308, 1416 HR 419 --Bartow County; convey property ............................1245, 1308, 1310, 1613, 2662 HR 420 --Joint Study Committee on DeKalb County's Form of
Government; create ................................1245, 1270, 1308, 1422, 1426, 2662 HR 421 --Youth Art Month; commend..........,..................................................................1217 HR 422 --Randall, William P., "Daddy Bill"; condolences............................................!217 HR 423 --Shipp, Robert L., Jr.; commend .......................................................................1218 HR 424 --Georgia Junior Miss Scholarship Program; commend;
invite Georgia's Junior Miss to House...............................1219, 1415, 1429 HR 425 --Pittman, Catherine Sylvia; commend,.............................................................1218 HR 426 --lannicelli, Dr. Joseph; commend ......................................................................1218 HR 427 --Atkins, Honorable Bill; invite to House .....................................1219, 1415, 1429 HR 428 --Lewis, William J. "Josh", III; invite to House ..........................1219, 1271, 1271 HR 429 --Byne Lady Saints basketball team; commend ...............................................1218
HR 430 --Henry Massey Pavilion at Poultry Research Center; designation by University of Georgia........................................1218
HR 431 --Beam, Kirby and Lynda; 1994 National Outstanding Tree Farmers; commend ...........................................................................1218
HR 432 --Boland, Most Reverend John Kevin; commend ..................................1218, 1315 HR 433 --Lessard, Most Reverend Raymond William; commend......................l218, 1315 HR 434 --Murray Printing Company; commend on 150th anniversary......................,1218 HR 435 --"Johnny Mercer Day" in Georgia; declare April 19,1995............................1218 HR 436 --Joint Interagency Collaboration in Services
to Youth Study Committee; create...............................................1245, 1308 HR 437 --Harold G. Clarke Parkway; designate....................1208,1248, 1416,1655, 2345 HR 438 --Benson Ham Road; designate..................................!208, 1248, 1416, 1655, 2345 HR 439 --Anti-litter pledge; urge elementary school
program.............................,...........................................1248, 1308, 1846, 1990
HR 440 --House Poultry Feed and Transportation Study
Committee; create............................................................................!248, 1308
HR 441 --The Metropolitan Atlanta Chapters of the Links, Inc.; commend................................................................................1271

2886

INDEX

HR 442 --Miles, Martha; commend...................................................................................1271 HR 443 --Screven County High School Gamecocks football
team; commend...........................................................................................1271 HR 444 --Historic Chattahoochee Commission; commend
on 25th anniversary ...................................................................................1271 HR 445 --Livingston, Dr. Bob; commend.........................................................................1271 HR 446 --Smith, Dr. W. Ches, III; commend ..................................................................1271 HR 447 --Chastain, Edwin C.; compensate..................................................-.........1307, 1421 HR 448 --"Walter E. Cox Parkway"; designate.................... 1248, 1308, 1416, 1614, 2345
HR 449 --Kingsmore, Harold D.; and Graniteville Company; commend...................................................................................1319
HR 450 --Mesimer, Eric R.; commend..............................................................................1319 HR 451 --Long, Glen O.; commend...................................................................................1319 HR 452 --Thurman, Jo; commend.....................................................................................1319 HR 453 --District #6910 Rotary Youth Leadership Award
(RYLA) program; commend.....................................................................1319 HR 454 --Thompson, George; commend...........................................................................1319 HR 455 --Verdi, Vie; commend..........................................................................................1319 HR 456 --Hodges, Cheatham E., Jr.; commend...............................................................!319 HR 457 --Powell, Jim; commend .......................................................................................1320 HR 458 --Acworth, City of; convey property...............................................!420, 1572, 1668 HR 459 --Women in State Legislatures; commend...............................................!320, 1585 HR 460 --Richmond County; environmental contamination;
urge relocation of residents .......................................1420, 1572, 1669, 1675 HR 461 --Richmond County; environmental contamination;
collaboration of health effort.....................................!420, 1572, 1669, 1676 HR 462 --Savannah St. Patrick's Day Parade Committee;
invite representatives and grand marshal to House...................................................................l413, 1573, 1606 HR 463 --Gruendl, Teri; invite to House.....................................................l431, 1668, 1683 HR 464 --Acree, Renva; invite to House......................................................l431, 1852, 1914 HR 465 --Tattnall Square Academy softball team; invite members and coaches to House ..........................................1431, 1668, 1683 HR 466 --North Georgia College Blue Ridge Rifles; invite to House.......................................................................l431, 1852, 1914 HR 467 --Education, State Board of; appointment by governor or state school superintendent - CA.............................................1571, 1667 HR 468 --Law enforcement communications; statewide 800 MHZ radio system; relative to ...............................................1571, 1667 HR 469 --Atlanta Chapter of the National Railway Historical Society; commend.......................................................................................1451 HR 470 --Smith, Malcolm R.; condolences.......................................................................!451 HR 471 --Gruendl, Teri; commend....................................................................................l451 HR 472 --Collective Soul band members; commend ......................................................1451 HR 473 --Hale, Randy; commend......................................................................................!451 HR 474 --Ledbetter, James G.; commend ........................................................................1451 HR 475 --Mann, Gary E.; commend..................................................................................1451 HR 476 --McCleskey, R. David; commend..................................................................-....1451 HR 477 --GeorgiaNet Authority; commend......................................................................1451 HR 478 --Cox, John W., Sr.; invite to House..............................................l431, 1573, 1606 HR 479 --Tribble, Horace; commend................................................................................1451
HR 480 --Patrick, Dovie Touchstone; condolences.........................................................1451
HR 481 --House Atlanta-Fulton County Consolidation
of Services Study Committee; create............................................1667, 1715
HR 482 --School-based nutrition programs; urge
continued funding............................................................................!667, 1715

INDEX

2887

HR 483 --Canaday, David L.; commend...........................................................................1611 HR 484 --Smith, Dr. Martin and LeTrell Simpson; commend.....................................1611 HR 485 --Chappell, Annie Claudia; commend.................................................................1611 HR 486 --White, Lester Leek; commend..........................................................................1611 HR 487 --Lawrence, Harold; commend.............................................................................1612 HR 488 --Crews, Sara Elisabeth; commend .....................................................................1612 HR 489 --Hornsby, Kellie Ann; commend........................................................................1612 HR 490 --Hawkins, Guy and Flossie; commend..............................................................1612 HR 491 --Godard, Pauline; commend ...............................................................................1612 HR 492 --Montes, Virginia E. "Ginny"; condolences .....................................................1612 HR 493 --Abercrombie, Beth; commend...........................................................................l612 HR 494 --Wilson, Georgia; commend................................................................................1612 HR 495 --Transportation Enhancement Activity program; commend.........................1612 HR 496 --Wyatt, Ollie Ruth Brown; condolences ...........................................................1612 HR 497 --Charles W. Yeargin Building; urge State Board
of Technical and Adult Education designate ..............................1612, 2663 HR 498 --Hays, Gary Franklin, Jr.; commend.................................................................1613 HR 499 --Burns, Ms. Walton; commend...........................................................................!613 HR 500 --Culloden Highland Games and Scottish Festival; commend.......................1613 HR 501 --John R. McKinney Medal of Honor Highway;
designate.............................,...............................1571, 1667, 1669, 1815, 2345 HR 502 --International FoReST Center; recognize establishment...............................!613 HR 503 --Hensley, Otis L., Jr.; condolences ....................................................................1613 HR 504 --Wooten, Jim; commend......................................................................................l613 HR 505 --Carrollton High School debate team; invite
members and coach to House..............................................1691,1852,1914 HR 506 --Casino gaming; General Assembly authorize by law - CA.................1715,1753 HR 507 --Miss Georgia Pageant; commend on 50th anniversary.................................1710 HR 508 --Odum, Frank Wade; condolences.....................................................................1710 HR 509 --Gurley, Honorable Jack L.; commend .............................................................1710 HR 510 --Young, Jean Childs; condolences.............................................,........................1710 HR 511 --Daniel, Ann Virginia Holt Parham; condolences...........................................1710 HR 512 --King, Lavasky Tommy Ramon; condolences..................................................!710 HR 513 --Sales tax; educational purposes - CA....................................................1715,1753 HR 514 --House Indian Affairs Study Committee; create...............................,...1715, 1753 HR 515 --Hames, Margie Pitts; condolences....................................................................1748 HR 516 --Bayes, Gail Evans, M.S.W.: commend..............................,..............................1748 HR 517 --Thurman, Jo; commend.....................................................................................1748 HR 518 --Henson, David Freeman; commend.................................................................1749 HR 519 --Gay, Jack N.; commend.....................................................................................1749 HR 520 --Crosswalks at capital; certain traffic barriers;
urge Georgia Building Authority study........................................1752, 1852 HR 521 --House Study Committee on Discretionary Trusts
for Disabled Beneficiaries; create .............................1753,1852, 1975, 2406 HR 522 --Joint Subsequent Injury Trust Fund Study
Committee; create .......................................................1753, 1852, 1975, 2441 HR 523 --Richardson, Elder Donald N.; condolences..........,..........................................1767 HR 524 --Department of Administrative Services; Computer
Services and Telecommunications Division; commend ........................1767 HR 525 --Richards, Essie M.; commend...........................................................................1767 HR 526 --Powell, James Derward; commend..............................................................,....1767 HR 527 --Sinor, Earl Perry "Skipper"; commend................................,..........................1767
HR 528 --Tippins, Ms. William C. "Barbara" and the
American Medical Association Alliance; commend....................-..........1767
HR 529 --Suit, Hal; condolences........................................................................................1767
HR 530 --DeLaney, Tom; invite to House...................................................l846,1975,1987
HR 531 --Pari-mutuel wagering at horsetracks; General

2888

INDEX

Assembly provide - CA...................................................................1850, 1973 HR 532 --House Evaluation of Court Ordered Visitation
Rights Study Committee; create ...................................................1850, 1973 HR 533 --Certain mentally impaired patients; individual
monitoring systems; urge ................................................................1850, 1973 HR 534 --Highway 441 in Rabun County; Department of
Transportation instructed to construct without divided median.............................................................................1868 HR 535 --Highway 441 in Rabun County; Department of Transportation instructed to construct without divided median........................................................!869, 2137, 2283 HR 536 --House Lottery Retailers Study Committee; create.............................................................................!850, 1973, 1975,2450 HR 537 --House Rural Hospital and Health Care Financing Study Committee; create ................................................................1973, 2122 HR 538 --Vigil, M. Allan; commend..................................................................................l869 HR 539 --South Gwinnett High School girls basketball team; commend...........................................................................................1869 HR 540 --Posea, Faye; commend.......................................................................................1869 HR 541 --Scott, Hazel; commend.......................................................................................!869 HR 542 --Keppler, Stephen D.; commend........................................................................l869 HR 543 --East Metro Atlanta Christian girls basketball team; commend...........................................................................................1869 HR 544 --Marlowe, James H.; commend..........................................................................1869 HR 545 --House Interagency Collaboration in Services to Youth Study Committee; create ..........................1851, 1973, 1975, 2445 HR 546 --Etheridge, Dallas V. "Van", III; commend.....................................................1869 HR 547 --McCanham, Frank A.; commend......................................................................l869 HR 548 --Griffin-Spalding County school system; commend........................................1869 HR 549 --Gilyard, William, IV; commend........................................................................!869 HR 550 --Winder First Presbyterian Church; commend ...............................................1870 HR 551 --Bonner, Daniel Wesley, Sr.; commend ............................................................1870 HR 552 --Patty, Herbert Theodore; commend................................................................1870 HR 553 --Dailey, Mattie Glover; commend.......,..............................................................1870 HR 554 --Wometco TV of Clayton County; commend...................................................!870 HR 555 --Georgia Nutrition Month at the Capitol; designate March, 1995...............................................................................1987 HR 556 --Raper, Sarah; commend.....................................................................................!987 HR 557 --Samples, Amanda; commend ............................................................................1987 HR 558 --Todd, Jennifer; commend..................................................................................!987 HR 559 --Richardson, Jennifer; commend .......................................................................1988 HR 560 --Banks, Honorable Carolyn Long; commend ...................................................1988 HR 561 --Loganville High School boys' varsity basketball team; commend...........................................................................................1988 HR 562 --McCallum, Charles; commend ..........................................................................1988 HR 563 --Sinor, Earl Perry and Erma Sears; commend ................................................1988 HR 564 --Angelica, Salvitore; commend...........................................................................1988 HR 565 --Rainwater's General Merchandise store; commend.......................................1988 HR 566 --Bass, Mr. and Mrs. Martin L.; commend .......................................................1988 HR 567 --Cook, Carla; commend .......................................................................................1988 HR 568 --Palmer, Julie; commend.....................................................................................!988 HR 569 --Pardons and Paroles, State Board of; eliminate - CA........................2121, 2324
HR 570 --Pace, Gloria Veda; commend............................................................................1988
HR 571 --Bonaparte-Morris, Ms. Eddie; commend ........................................................1988
HR 572 --Georgia Association of Black Elected Officials
(GABEO); initiatives relating to problem of hunger............................1988
HR 573 --Georgia Association of Black Elected Officials

INDEX

2889

(GABEO); relative to its position on SB 113 ........................................1989 HR 574 --Dodge County High School boys' basketball
team; invite members and coaches to House ....................2117, 2122, 2172 HR 575 --Barrios, Corporal Blythe and Troopers First
Class Johnny B. Hall and John Hembree; commend...........................l989 HR 576 --Villa Rica Stadium Committee; commend..................................................,...1989 HR 577 --Georgia Association of Black Elected Officials
(GABEO); concerns relating to homelessness........................................2118 HR 578 --Georgia Association of Black Elected Officials
(GABEO); position on issue of poverty..................................................2118 HR 579 --Georgia Association of Black Elected Officials
(GABEO); welfare reform concerns.........................................................2118 HR 580 --Georgia Youth Assembly; students selected
as officials; commend.................................................................................2173 HR 581 --Merit system; urge recruiting from Georgia's
colleges and universities............................................................................2324 HR 582 --Greer, John W., Jr.; condolences......................................................................2173 HR 583 --Kaleidoscope Program for Gifted Students
of Walker County; commend faculty and students ..............................2173 HR 584 --Ross, Dr. Hubert B.; condolences.....................................................................2173 HR 585 --Bakes, Walter Credille; condolences................................................................2173 HR 586 --Buchanan, Dr. Gale A.; commend....................................................................2173 HR 587 --Beach High School Concert Band; commend.................................................2173 HR 588 --Savannah High School Symphonic Band; commend ....................................2173 HR 589 --Derenne Middle School Concert Band; commend.........................................2173 HR 590 --Northwest Home Health Agency, Inc.; commend volunteers ......................2174 HR 591 --Sheppard, Deborah; commend..........................................................................2174 HR 592 --Hayes, Mr. Beverly B., Jr.; condolences..........................................................2174 HR 593 --Paris, Nancy; commend .....................................................................................2174 HR 594 --Alexander, William A., Jr., M. D.; commend .................................................2174 HR 595 --Vaughn, Becky and Steve; commend.....................,.........................................2174 HR 596 --Hautman, Dorothy; commend...........................................................................2174 HR 597 --Kriest, Dr. Donald Evan; commend.................................................................2174 HR 598 --Woods, Dr. James D.; commend.................,.....................................................2174 HR 599 --Wilson, Keisha; commend .................................................................................2174 HR 600 --Right to bear arms; protect; urge challenge
to Public Law 103-159...............................................................................2324 HR 601 --Adjournment; relative to .........................................................................2249, 2259 HR 602 --Pitts, Coach Dan; commend.................................................................,............2330 HR 603 --Wiesner, Paul J., M. D.; commend ..................................................................2330 HR 604 --Association County Commissioners of Georgia; commend...........................2330 HR 605 --Killum, Edna F.; commend ...............................................................................2330 HR 606 --Hardy, Jack B.; commend .................................................................................2330 HR 607 --Kilgore, Bill; commend ......................................................................................2330 HR 608 --Fenton, Herbert G.; commend..........................................................................2330 HR 609 --Davis, James S.; commend ................................................................................2330 HR 610 --Barnes, Ronald R.; commend............................................................................2330 HR 611 --Canaday, David L.; commend...........................................................................2330 HR 612 --Weatherford, Ralph F.; commend....................................................................2330 HR 613 --Scoggins, Donald B.; commend...........................................................,.............2331 HR 614 --Ramsey, Betsy; commend..................................................................................2331 HR 615 --Smith, Reverend Arthur; commend.................................................................2331
HR 616 --McCray, Susie; commend...................................................................................2331
HR 617 --Lee, Robert and Stephen Stanley; commend.................................................2331
HR 618 --Nesbit, Jason R.; commend...............................................................................2331
HR 619 --Toole, Travis L.; commend................................................................................2331
HR 620 --Salter, William J.; commend.............................................................................2331

2890

INDEX

HR 621 --Hildreth, Joseph Brian; commend ...................................................................2331 HR 622 --Frothingham, Edward IV; commend ...............................................................2331 HR 623 --Chambless, Christopher B.; commend.............................................................2331 HR 624 --McKinley, Charlie E., IV; commend................................................................2331 HR 625 --Strauss, Dustin L.; commend............................................................................2331 HR 626 --Burnett, Kevin R.; commend............................................................................2331 HR 627 --Jenkins, David W.; commend............................................................................2332 HR 628 --Smith, George 0. "Chip"; commend................................................................2332 HR 629 --Kemp, Andrew C.; commend ............................................................................2332 HR 630 --Brackett, Joshua T. H.; commend ...................................................................2332 HR 631 --Gawel, Jason B.; commend................................................................................2332 HR 632 --Purington, Brandon J.; commend ....................................................................2332 HR 633 --Baker, Joshua J.; commend...............................................................................2332 HR 634 --Riley, Jason H.; commend.................................................................................2332 HR 635 --Leckie, Daryl; commend ....................................................................................2332 HR 636 --Kinsey, Daniel R.; commend.............................................................................2332 HR 637 --Sosebee, Richard W., Jr.; commend.................................................................2332 HR 638 --Jakin, Town of; centennial celebration; commend ........................................2332 HR 639 --Lacy, Dr. William J.; commend........................................................................2332 HR 640 --Russell, Bobbie; condolences.............................................................................2332 HR 641 --Sprayberry High School Marching "Band of Gold"; commend ..................2333 HR 642 --Patterson, Bobby "The Barbarian Blacksmith"; commend.........................2333 HR 643 --Mt. Olive African Methodist Episcopal (A.M.E.)
Church; commend......................................................................................2333 HR 644 --Nicholson, Kate C.; commend...........................................................................2333 HR 645 --University System of Georgia Outstanding
Scholars on Academic Recognition Day; commend..............................2333 HR 646 --Big Miller Grove Baptist Church; congratulate.............................................2333 HR 647 --Victory Baptist Church; congratulate..............................................................2333 HR 648 --New Birth Missionary Baptist Church; congratulate....................................2333 HR 649 --Foster, Mary Jo, Judy Brock and Judy Taylor; commend ..........................2333 HR 650 --Georgia State Council of Machinists; commend ............................................2333 HR 651 --Greater Piney Grove Baptist Church; congratulate ......................................2333 HR 652 --Hidden, Ishmael and Louise R.; commend ....................................................2333 HR 653 --Hartline, W. G.; commend.................................................................................2334 HR 654 --Stevens, James William "Jamey"; commend..................................................2334 HR 655 --Templeton, Kristeen Faye "Kris"; commend.................................................2334 HR 656 --Hudley, Geraldine W.; commend .....................................................................2334 HR 657 --Hope, Martha Story; commend ........................................................................2334 HR 658 --Clayton County school system crossing guards; commend...........................2334 HR 659 --Hartsfield, Dr. Kirk F.; commend....................................................................2334 HR 660 --International Longshoremen's Association
Local 1414; commend................................................................................2334 HR 661 --Gibson, Billy R., ST.; commend ........................................................................2334 HR 662 --Joint Study Committee on Educational Testing; create ..............................2324 HR 663 --Surrency, Christy; commend.............................................................................2334 HR 664 --Monroe Academy Lady Mustangs; commend.................................................2334 HR 665 --Clayton County Water Authority; commend..................................................2334 HR 666 --Matthews, Grady and Gerald; commend.........................................................2334 HR 667 --Robinson, James D. Ill; commend...................................................................2335 HR 668 --Wofford, C. H.; commend..................................................................................2335 HR 669 --Atkinson County High School Rebels basketball
team; recognize...........................................................................................2335
HR 670 --McDonald, Lloyd; commend .............................................................................2335
HR 671 --Lucas, Maud Estelle Harris Joyner; commend ..............................................2335
HR 672 --American Jewish Committee, Atlanta Chapter; commend...........................2335
HR 673 --Heath, Charles "Charlie" Wiley; condolences................................................2335

INDEX

2891

HR 674 --Johnson, Colonel Dewey Wilcox, Sr.; condolences ........................................2335 HR 675 --Miles, Peyton; commend....................................................................................2335 HR 676 --Voyles, Jennie; commend...................................................................................2335 HR 677 --Douglas County 911; commend...........,.............................................................2335 HR 678 --Japan; participation in 1996 Olympics; commend.........................................2335 HR 679 --Clayton County Greenways Council; commend .............................................2336 HR 680 --China; participation in 1996 Olympics; commend.........................................2336 HR 681 --Lake City Community Association; commend ...............................................2336 HR 682 --Argentina; participation in 1996 Olympics; commend..................................2336 HR 683 --France; participation in 1996 Olympics; commend .......................................2336 HR 684 --Doorkeepers of House; Honorable Ward Edwards,
Honorable Dick Lane, and assistants; commend ..................................2336 HR 685 --Germany; participation in 1996 Olympics; commend ...................................2336 HR 686 --Newman, Dr. Jack Riley; condolences.............................................................2336 HR 687 --Earth Day; recognize April 22, 1995................................................................2336 HR 688 --"Charles W. Yeargin Building"; urge State
Board of Technical and Adult Education designate ............................2336 HR 689 --Georgia's Scenic Swamp Route of the Veterans
Highway; designate....................................................................................2324 HR 690 --Jordan, Julie; commend.....................................................................................2336 HR 691 --1994 Ridgeland Lady Panthers Varsity Softball
Team; commend.........................................................................................2337 HR 692 --South Gwinnett High School Mock Trial team; commend..........................2337 HR 693 --Berry, Margie; commend ...................................................................................2337 HR 694 --Protestant Radio and Television Center; commend......................................2337 HR 695 --Tucker, Donald L.; commend ...........................................................................2337 HR 696 --Morrow Civic Women's Club; commend.........................................................2337 HR 697 --Georgia Federation of Women's Clubs; commend.........................................2337 HR 698 --Vigil, Allan and Bonnie; commend ..................................................................2337 HR 699 --Hazlehurst, City of; recognize 125th anniversary ..........................................2337 HR 700 --Elliott, Joseph M. "Mike"; commend..............................................................2337 HR 701 --Clayton County; board of commissioners; commend ....................................2337 HR 702 --Lovitky, Bernie and the Kingdom of Tonga; commend...............................2337 HR 703 --Burgess, James V., Jr.; commend.....................................................................2337 HR 704 --Coleman, Barbara W.; commend......................................................................2338 HR 705 --Conyers, Commodore; commend ......................................................................2338 HR 706 --Schanche, Don A.; condolences.........................................................................2338 HR 707 --Gaines, William; condolences............................................................................2338 HR 708 --Wright, William Barry; commend....................................................................2338 HR 709 --Beavers, Dr. Robert L. "Jackey"; commend...................................................2338 HR 710 --East Hall High School Vikings Boys Basketball
Team; commend.........................................................................................2338 HR 711 --Coker, Roy N.; condolences...................,...........................................................2338 HR 712 --Woodham, Dona G.; commend.........................................................................2338 HR 713 --Sims, Kandy C.; commend ................................................................................2338 HR 714 --Educators of Newcastle Upon Tyne, England,
and Catoosa County; commend................................................................2338 HR 715 --Lakeview-Fort Oglethorpe High School boys'
basketball team; commend.......................................................................2338 HR 716 --1994 Lee County All Stars Dixie Youth Baseball
Team; commend.........................................................................................2338 HR 717 --Brown, Glenda B.; commend ............................................................................2339
HR 718 --Poke, Willie A.; condolences .............................................................................2339
HR 719 --Quinn, Monroe; condolences .............................................................................2339
HR 720 --Phelps, Walter; commend..................................................................................2339
HR 721 --Sledge, William; commend ................................................................................2339
HR 722 --Jenkins, Homer Curtis; commend....................................................................2339

2892

INDEX

HR 723 --Handke, Jennifer A.; commend ........................................................................2339 HR 724 --Lakeview-Fort Oglethorpe High School girls'
basketball team; commend.......................................................................2339 HR 725 --McKinley, Rokita and Detravion Gilbert; condolences ................................2339 HR 726 --Scott, Mary; condolences...................................................................................2339 HR 727 --Pinson Memorial United Methodist Church;
congratulate on 100th anniversary ..........................................................2339

PART IV
SENATE BILLS IN HOUSE
SB 1 --Civil practice; exercise of certain rights; special motions to strike unjustified lawsuits ...............................................................................815, 817, 845, 1753
SB 7 --Alimony or child support; certain violation; confinement in diversion center.......................,........1101,1104, 1133,1717
SB 8 --Witnesses; husband and wife; when compellable to give evidence............................................................................261, 262, 391
SB 9 --Public schools; comprehensive evaluation; exemption .........................................................................986, 988, 1022, 1973
SB 11 --Education; curriculum-based assessment; availability of results to students andparents................................................................................,..655, 657, 735
SB 17 --Workers' compensation; coverage; Olympic and Paralympic volunteers....................................261, 262, 391, 1309,1816
SB 18 --Campaign contributions; ordinary and necessary expenses; exclusions....................................................1138, 1140, 1208, 1717
SB 22 --State personnel administration; applicant for employment; drug test requirement ..........................................487, 489, 531, 1716, 1914, 2136
SB 23 --Disability income insurance; preexisting condition exclusions or limitations.........................237, 237, 259, 485, 1232
SB 24 --Petroleum pipeline companies; eminent domain.....................................192, 193, 211, 646, 951, 1027
SB 25 --State and local facilities; flags displayed on Veterans Day; include POW-MIA flag...............................945, 947, 981
SB 27 --S *. Mountain Memorial Association; construction irojects; master plan ..........................................................576, 578, 616, 846
SB 29 --De. lent taxes; contracts for collection; compensation............................261, 263, 391, 1135, 1688, 1950, 2255, 2675
SB 30 --Juvenile proceedings; adjudicatory hearings; amend provisions .........................................................................466, 466, 484
SB 31 --Public schools; disciplinary problem student; parental conference ......................................487, 489, 531,1846, 2229, 2663
SB 32 --Solid waste facilities; limit number within certain geographic areas ............................................................889, 889, 941, 1974, 2413, 2597, 2616
SB 33 --Elections; display United States flag at polling places................................................................................394, 396, 421
SB 34 --Driver's license issued to minor; valid to age 21 .....................................426, 427, 461, 1301, 2070, 2663
SB 35 --Amateur boxing promotion; State Boxing Commission authorized to contract with certain nonprofit organizations............................................................426, 427, 461, 1717, 2409

2894

INDEX

SB 37 --Stolen driver's license; free replacement...........................................426, 427, 461 SB 39 --Banks County; probate judge; nonpartisan election...............................133, 133,
154, 167, 168 SB 40 --Banks County; chief magistrate; nonpartisan election ...........................133, 133,
154, 167, 169 SB 45 --Insurance; definition of agent, subagent, counselor,
adjuster; exclude certain personnel..................................237, 237, 259, 485 SB 47 --Postsecondary education; redefine eligible
institution.................................................................488, 489, 531, 1023, 1230 SB 48 --Motor vehicles; use of headsets on motorcycles;
maximum speed limits on highways and in certain construction sites.............................394, 396, 421, 1217, 1814, 2663 SB 49 --State symbols; designate English as official language .........................................................657, 657, 735, 1238, 2194, 2348 SB 50 --Liens of persons without privity of contract; contractor's notice of commencement.....................................261, 263, 391,
1098, 1931
SB 51 --Insurance; redefine premium; cancellation; nonrenewal.......................................................394, 396, 421, 617, 1699, 1766
SB 52 --Textbooks; additional procedure for adding to approved list.............................................488, 489, 531, 1846, 2205, 2665
SB 53 --Penal institutions; sexually violent predator; registration requirements ...........................................................945, 947, 981
SB 54 --Charter schools; amend provisions ....................................................488, 489, 531, 1846, 2080, 2663
SB 55 --Nonresuscitation orders; emergency medical technicians ........................................................1138, 1140, 1208, 1414, 1692, 2035, 2256, 2351, 2439, 2533, 2670
SB 58 --Firearms; possession, purchases, dealers, background checks, regulation; amend provisions.......................................................534, 536, 572, 1717, 1991, 2136
SB 60 --Alcoholic beverages; open container in motor vehicle; prohibitions; exceptions................................................261, 263, 391
SB 64 --Educational program grants; certain after-school programs for at-risk youth.............................................986, 989, 1022, 1846
SB 66 --Driving under the influence; blood alcohol concentration................................................................................426, 427, 461
SB 68 --Education; home economics study to include parenting instruction ........................................................815, 817, 845, 1973
SB 69 --Health Code violations; injunction cases filed by Human Resources Department and county boards of health............................................261, 263, 391, 1573, 1922, 1989
SB 71 --Educational facilities that are historic landmarks; policy provisions................................................1678, 1680, 1715
SB 73 --State contracts; minority business participation..............................488, 490, 531 SB 74 --Wire, oral, or electronic communication;
eavesdropping; consent of all parties required ...................................................................................1582, 1590, 1667 SB 77 --Juvenile court; child within jurisdiction; counseling................................................................................l582, 1590,1667 SB 79 --Motor vehicles; amend provisions relating to DUI; seat belt requirements and curfew
for minors...........................................................................534, 536, 572, 2038
SB 81 --Certain serious violent felony cases; limitations
upon granting of bail ...................................740, 743, 812, 1974, 2407, 2665
SB 87 --Abandoned motor vehicles; lien foreclosure;
attorney's fees ..............................................................................262, 263, 391

INDEX

2895

SB 89 --Land bank authority; property acquisition; tax executions; certain transfers...............................................849, 851, 883, 1431, 1840, 2665
SB 93 --Mental illness; involuntary outpatient or inpatient care; peer review groups; evaluation of certain health care providers.......................................................465, 466, 484,1208, 2055, 2446, 2503, 2504, 2587, 2670
SB 95 --Peer review groups; evaluation of certain health care providers; liability; confidentiality ..............................................................1138,1140,1208,1716
SB 97 --Housing Affordability Impact Note Act; enact ................................945, 947, 981 SB 98 --Driver's license suspension; minor's noncompliance
with certain education requirements..................................1101,1104, 1133
SB 99 --East Point, City of; application of Fulton County library system Act.......................................................394, 396, 421, 574, 574
SB 100 --Tuition equalization grants; include proprietary institution of higher education..................................................535, 536, 572
SB 103 --Financial institutions; amend provisions..........................395, 396, 421, 572, 756 SB 105 --Principal and agent; financial power of attorney;
guardian and ward; amend provisions...............................1025,1027,1097, 1611, 1817, 1986, 2058, 2233, 2254, 2523, 2670
SB 107 --Littering; fines; prohibit certain local ordinances.............................................................................,.1138,1140,1208
SB 110 --Crime victim and family; right to be present in court................................................................................849, 851, 883, 1974
SB 111 --Homicide by vessel; feticide by vessel; serious injury by vessel; define offenses .......................................................395, 396, 421, 617, 1691, 2663
SB 113 --Death Penalty Habeas Corpus Reform Act of 1995 ...............................889, 890, 941, 1974, 2409, 2665
SB 114 --Courts; certain fines; victim assistance; superior court clerks; fees; automated property record system.............................................................576, 578, 616, 1611, 1926, 2348
SB 115 --Family violence; amend report provisions; State Commission on Family Violence; membership...............................740, 743, 812, 1098, 2057, 2664
SB 116 --Deceptive trade practices; disaster related violations; penalties ................................................465, 466, 484, 1209, 2219
SB 117 --Family violence cases; fees; amend provisions..................................740, 743, 812 SB 120 --Child custody proceedings in family violence
cases; provisions.................................................................740, 743, 812, 2037 SB 123 --Indian Housing Authorities; American Indian
tribes ...................................................................................655, 657, 735,1099 SB 124 --Hearsay; certain statements made by child;
admissibility............................................................740, 743, 812, 1134, 1966, 2036, 2167, 2233, 2255
SB 125 --Contact lenses; stricter sales guidelines....................................................655, 657, 735, 1414, 1703
SB 126 --Counties and municipalities; contracts for regional facilities; limitations ...............................................655, 658, 735, 1718, 1932
SB 128 --General Assembly; bills and resolutions; joint sponsorship.................,......................................................986, 989, 1023
SB 129 --Insurance; amend provisions ..................................395, 397, 421, 617, 2072, 2665
SB 130 --Adoption - prohibit sale of child by parent
or guardian.........................................................................945, 947, 981, 1974
SB 131 --Cellular phone conversations; unlawful interception;
prohibit publication......................................576, 578, 616, 1717, 2010, 2665

2896

INDEX

SB 132 --Development authorities; local government official or employee as director; audited financial statements......................................................488, 490, 531, 1099, 2197, 2665
SB 133 --State employees in classified service; grievance system; political activities ...................................................1213, 1213, 1248, 1611, 2001, 2135
SB 134 --Local government impact fiscal notes; amend provisions; municipalities; service of process..................................656, 658, 735, 1099, 2209, 2666
SB 137 --Telecommunications and Competition Development Act of 1995; enact..................................................815, 817, 845, 1209, 1821, 1970, 2007, 2037, 2138, 2549, 2671
SB 138 --Business and nonprofit corporations; administrative dissolution; reinstatement provisions...........................................1101, 1104, 1133, 1431, 2197
SB 140 --Sexual offenses; redefine statutory rape, child molestation, and enticing a child for indecent purposes........................................................................................576, 578, 616
SB 141 --Juvenile court; judge pro tempore appointment; include state court judge..................................................576, 579, 616, 1974
SB 145 --Principal and agent; financial power of attorney; statutory form..............................................................H02, 1104, 1133, 1753
SB 146 --Guardian and ward; incapacitated adult; delete advanced age provision...............................................H02, 1105, 1133, 1753
SB 147 --Guardians of wards and incapacitated adults; counsel and guardian ad litem; prohibition ......................1025, 1027, 1097
SB 148 --Elections; filing dates; write-in candidates; notice of intent and drug testing provisions...................................986, 989, 1023, 1611, 2216, 2664
SB 153 --Used motor vehicle dealer; sale or lease; certain disclosure .........................................................................656, 658, 735
SB 154 --Penal institutions; certain inmates; Alcohol or Drug Use Risk Reduction Program required...............1026, 1027, 1097
SB 155 --Peace Officer and Prosecutor Training Fund; annual disbursement ...................................................................946, 947, 981
SB 156 --Juvenile proceedings; certain cases; public access ..........................815, 817, 845, 1209, 1704, 1837, 2008, 2138, 2257, 2567, 2671
SB 157 --Domestic violence; court-monitored intervention program; counseling program for certain inmates........................................................................................986, 989, 1023
SB 159 --Contributing to delinquency, unruliness, deprivation, or endangerment of minor; redefine offense............................................................................577, 579, 616
SB 160 --Criminal procedure; mentally incompetent to stand trial; provisions for hearing and commitment................................986, 989, 1023, 1717
SB 161 --Counties and municipalities; certain unused property; disposition..............................1102, 1105, 1133, 1718, 2192, 2666
SB 162 --Polk County; tax commissioner..........................................425, 427, 461, 532, 532 SB 165 --Branch banking laws; comprehensive review and
update............................................................................................740, 744, 812 SB 166 --Lumpkin County; education districts................................425, 427, 461, 532, 532
SB 167 --Lumpkin County; board of commissioners.......................425, 428, 461, 532, 532
SB 170 --Open records; exempt certain historic property
and location of certain rare species of plants
or animals...................................................................395, 397, 421, 647, 2011
SB 175 --Education; midterm adjustments; program adjustment

INDEX

2897

amount for training and experience.........................1212,1214, 1248,1973 SB 176 --Dawson County; board of commissioners; create ....................................425, 428,
461, 1422, 1425 SB 177 --Dawson County; board of education; reapportion
districts.....................................................................425, 428, 461, 1422, 1425 SB 179 --Nonperpetual care cemetery; certain adjacent
property ............................................................................987, 989, 1023, 1951 SB 182 --Civil practice; consolidation of actions;
consent....................................................................................1102,1105,1133 SB 185 --Credit insurance; nonrecording or nonlicensing
and vendor's single interest .......................................................535, 536, 572 SB 187 --Llama activities; sponsors and professionals;
civil liability limitation ....................................1138,1140, 1208, 1572, 2015 SB 188 --Marriage and family therapists; requirements
for licensure...................................................815, 817, 845, 1414, 1685, 1866 SB 192 --Elections; change qualifying and general primary
dates in 1996 ................................................................................741, 744, 812 SB 193 --Elections; amend provisions.....................................................741, 744, 812, 1565,
1572, 1599, 2015, 2666 SB 197 --Clayton County; board of education; nonpartisan
election...............................................................425, 428, 461, 574, 574, 1766 SB 198 --False identification documents; prohibit
possession..............,.................................................................1102, 1105,1133 SB 199 --Fire protection and safety; authority and duties
of Firefighter Standards and Training Council .............................465, 467, 484, 1023, 2206
SB 200 --Aquaculture Development Commission; membership; subcommittees...........................................................535, 537, 572, 845, 2213
SB 201 --Game fish; creel and possession limits; move certain trout streams from list with seasons to list without seasons ..........................577, 579, 616, 846, 1654, 1668, 2183, 2348
SB 202 --Withdrawal, diversion, or impoundment of surface and ground waters; permits ........................849, 851, 883, 1238, 2206, 2666
SB 203 --Special license plates; World War II Eighth Air Force veterans ..............................................................................620, 622, 654
SB 204 --Merit system; redefine working test period; length of period for certain Uniform Division employees.................................................................535, 537, 572, 1099, 2443
SB 205 --Special license plates; wildlife conservation fund....................................577, 579, 616, 1310, 2199, 2666
SB 206 --Public Safety, Department of; create Auxiliary Service within Uniform Division................................466, 467, 484, 646, 1844, 2666
SB 207 --Insurance adjuster; definition; exclude salaried employee of insurer.............................................................535, 537, 572, 983
SB 208 --Insurance; Special Insurance Fraud Fund; create...................................................................................620, 622, 654, 1301
SB 209 --Family violence; victim notification upon release on bail; victim information statement......................................816, 818, 845
SB 210 --Rape or aggravated sodomy; marital relationship not a defense; victim information statement ..........................816, 818, 845, 1573
SB 211 --Driver's license; distinguishable markings for DUIconviction.......................................................................ll38, 1141, 1208
SB 213 --Child support receivers; prohibit bonuses or
commissions............................................................................l588, 1590, 1667
SB 214 --Education; grant program targeting at-risk
students ...................................................................................1314,1316, 1421
SB 215 --Zoning actions; reconsideration of those defeated;

2898

INDEX

time limitation.............................................................1314, 1316, 1421, 1975 SB 216 --Local Government Fiscal Impact Act; enact....................1678, 1680, 1715, 1975 SB 218 --Public school employees; prohibit local salary
supplement reductions..........................................................1213, 1214, 1248 SB 221 --Conasauga Judicial Circuit; add judge.........................................!314, 1316, 1421 SB 222 --Inmate Reimbursement to Counties and Municipalities
Act; enact......................................................................................620, 622, 654 SB 223 --Evidence; privileged communications to, between,
and among mental health care providers ...............................816, 818, 845, 1717, 1924, 2666
SB 224 --Long-term notes secured by real estate; intangible recording tax .................................................850, 851, 883, 1209, 1840, 1985
SB 226 --County employees and elected officials; prohibit cash payment in lieu of insurance and other benefits....................................................................................l212, 1214, 1248
SB 227 --Child support; noncompliance; limit issuance of business license .......................................................................577, 579, 616
SB 228 --Corrections, Department of; certain incarcerated youth; special school district......................................................620, 623, 654
SB 229 --Juvenile proceedings; judicial seminars; certain youth confinement; Corrections Department.................................621, 623, 654, 885, 2450, 2664
SB 230 --Probation; detention centers and diversion centers; certain confmement..............................................987, 990, 1023, 1160, 1697
SB 231 --Civil practice; nonresident defendant; venue under long-arm statute.....................................................................H02, 1105, 1133
SB 232 --Beauty pageants; redefine as contests; written notices; bond amounts ................................................................621, 623, 654
SB 233 --Health; genetic testing provisions ............................................621, 623, 654, 1974 SB 234 --Witnesses; husband and wife; when compellable
to give evidence............................................................................741, 744, 812 SB 238 --Motor vehicle insurance; dishonored check; coverage
cancellation...........................................................................621, 623, 654, 983 SB 239 --Governor's Council on Developmental Disabilities;
create.........................................................................816, 818, 845, 1098, 1746 SB 241 --Certain counties; awarding of certain contracts ..................................1025, 1028,
1097, 2122, 2125, 2664 SB 243 --Property; duly filed mortgage; constructive notice
to purchaser.............................................................946, 948, 981, 1611, 1742 SB 244 --Environmental law violation; comprehensive
environmental compliance program; mitigating factor..............................................................................................849, 851, 883 SB 246 --Child custody; visitation rights; noncustodial parents.....................................................................................l587, 1590, 1667 SB 247 --Education grants; children of certain military or National Guard members......................................l582, 1591, 1667, 1950 SB 248 --Byron, City of; corporate limits .........................................487, 490, 531, 574, 575 SB 249 --Trade practices; false advertising of legal...............................946, 948, 981, 1717 services; cause of action; treble damages SB 250 --Driver's license; certain exemption; DUI alcohol and drug use risk reduction; satellite programs ..................................................1102, 1105, 1133, 1301, 1843, 2349
SB 251 --Motor vehicle emission inspections; prohibit
centralized testing..................................................................!314, 1316, 1421
SB 253 --Fraudulent issuance of personal identification
cards; define offense....................................................................741, 744, 812
SB 254 --Atlanta, City of; urban enterprize zones;

INDEX

2899

minimum acreage..........................................739, 744, 812, 1574, 1577, 2667 SB 255 --Torts; certain malicious acts by minor; liability
of parents......................................................................H02, 1106, 1133, 1753 SB 256 --Policy Council for Children and Families; create................................!026,1028,
1097, 1270, 1748, 1951, 2667 SB 257 --Courts; bailiffs; maximum compensation..............................................1138,1141,
1208, 1753, 2027 SB 258 --Clayton County; deputy tax commissioner ......................................534, 537, 572,
885, 886, 988 SB 259 --Clayton County; deputy superior court clerk ..................................534, 537, 572,
885, 887, 988 SB 260 --Clayton County; state court deputy clerk........................................534, 537, 572,
885, 888, 988 SB 261 --Clayton County; homestead exemption; certain
residents .......................................................................534, 538, 572, 736, 738 SB 262 --Medical loans or scholarships; facilities for
repayment by services rendered................................H39, 1141, 1208, 1755 SB 263 --Special license plates; supporting Paralympic
Games in Atlanta..........................................849, 852, 883, 1216, 1697, 1766 SB 264 --Cobb Judicial Circuit; add judge..................................................1314, 1316, 1421 SB 271 --Optometrists; permissible pharmaceutical agents;
expand definition..................................................987, 990, 1023, 1414, 1740 SB 272 --Criminal proceedings; discovery; birthdate and
social security number of witness .......................................1212, 1214, 1249 SB 273 --Morrow, City of; homestead exemption;
increase to $40,000......................................................619, 624, 654, 812, 813 SB 276 --Municipal probation system; officers collect
certain delinquencies ........................................................946, 948, 981, 1753 SB 278 --Alcovy Judicial Circuit; add judge................................................!678, 1680,1715
SB 279 --Appellate courts; assistance of other judges; provisions ...........................................................1026, 1028, 1097, 1217, 1741
SB 280 --Motor vehicles; staggered registration over 12-month period ....................................................................1139, 1141, 1208
SB 281 --Education; certain personnel; teacher vacancies; certain student expulsion; Professional Standards Commission; hearings procedures .............................1252, 1254, 1308, 1846, 2456, 2667
SB 282 --Private schools; advanced placement exams; fees......................!427, 1428,1572 SB 283 --Civil practice; nonstenographic depositions..........................987, 990, 1023, 1974 SB 284 --Unfair or deceptive practices; odometer tampering;
certain federal law reference .................................946, 948, 981, 1974, 2449 SB 285 --Repeat offenders; second felony conviction; prohibit
probation or boot camp........................................................1212, 1214, 1249 SB 286 --Worker's compensation; group self-insurance funds;
extensive revision of provisions................................................850, 852, 883, 1668, 1936, 2169, 2284
SB 287 --State Patrol; certain officers; retain badge after 25 years of service....................................................946, 948, 981, 1159
SB 288 --Commercial driver's license; disqualification from driving commercial motor vehicle...................1026, 1028, 1097, 1301
SB 289 --Fair Access to Insurance Requirements Plan; provisions .................................................................889, 890, 941, 1133, 1745
SB 292 --Juvenile court judges; training seminars;
certification..........................................,..................................1582,1591,1667
SB 293 --Information Technology Policy Act of 1995;
enact.............................................................987, 990, 1023, 1755, 2251, 2349
SB 294 --Educators; Professional Practices Commission

2900

INDEX

tribunal; assistance by Office of Administrative Hearings ............................................1252, 1254, 1308, 1846 SB 296 --Teachers and school personnel; false certificate or credentials; penalties..............................................l589, 1591, 1667, 1973 SB 298 --Public assistance; LBARNFARE pilot program; school attendance required ........................................................850, 852, 883 SB 299 --Military duty; reemployment rights in private industry.........................................................................1103, 1106, 1133, 1599 SB 305 --Nonpublic Postsecondary Education Commission; executive director..............................................!026, 1028, 1097, 1755, 2070 SB 306 --Western Judicial Circuit; add judge.............................................!678, 1680, 1715 SB 307 --Adoption; judicial challenge; time limitation.......................................1139, 1141,
1208, 1753, 2443, 2667
SB 309 --Pharmacists; generic drug substitution; therapeutically equivalent..........................................H39, 1141, 1208, 1716
SB 310 --MARTA; board of directors; compensation......................!588, 1591, 1667, 1975 SB 313 --Capital felony cases; expenses reimbursable
tocounties...............................................................................!315, 1317, 1422 SB 315 --Youthbuild Program Act; enact..........................................!428, 1428, 1572, 1852 SB 316 --Trade secrets; redefine.........................................................l587, 1591, 1667, 1974 SB 317 --School facilities; certain county and municipal
exemptions; delete repealer .............................1588, 1591, 1667, 1846, 2208 SB 318 --Highways; vehicle and load width over 16 feet;
single-trip emergency permit..........................1139, 1142, 1208, 1416, 2197 SB 320 --Speed detection device; permit application;
speed limit approval.............................................................H39, 1142, 1208, 1754, 2081, 2350, 2490
SB 323 --Workers' compensation; corporate exemptions; subrogation; fraud and compliance unit; mediator; payment of penalties...............................................987, 990, 1023
SB 325 --Augusta Judicial Circuit; add judge.............................................1589, 1592, 1667 SB 326 --Workers' compensation; assigned risk plan;
certain provisions..............................................H03, 1106, 1133, 1309, 1740 SB 328 --Cobb County-Marietta Water Authority; membership ......................1100, 1106,
1133, 2122, 2126, 2667
SB 331 --Worker' compensation; temporary help contracting firm or employee leasing company; statutory employer...................................................H39, 1142, 1208, 1309, 1738, 1867
SB 332 --Insurance corporations; certain investments; prohibitions; corporations; insurable interest in employees............................................!252, 1254, 1308, 1668, 1932, 2667
SB 336 --Fulton County; prohibit racetrack within two miles of residential area ........................1137, 1142, 1208, 1691, 2122, 2127
SB 338 --Tax sales; judicial in rem tax foreclosure; provisions.................................................1104, 1106, 1133, 1753, 2027, 2348
SB 341 --Family violence; third conviction of simple battery; penalty......................................................................!314, 1317, 1422
SB 343 --Secretary of State; clarify power to issue rules and regulations concerning duties of office.............................................................1582, 1592, 1667, 1975
SB 345 --Rockdale County; magistrate court; law library fees..........................1101, 1106, 1133, 1754, 1757
SB 346 --Special license plates; U. S. Army Reservists
retain after retiring ...............................................................1582, 1592, 1667
SB 347 --Guardians and fiduciaries for beneficiaries of the
U. S. Department of Veterans Affairs;
compensation ...............................................................1583, 1592, 1667, 1974

INDEX

2901

SB 349 --Gihner County; board of commissioners; create..................................1100, 1107, 1133, 1669, 1675
SB 351 --Structural Pest Control Commission; applicant examinations ................................................................1252, 1254, 1308, 1717
SB 353 --Indemnification; amend provisions; include certain National Guard members......................l253, 1254, 1308, 1754, 2011, 2667
SB 354 --National Guard member called into active service; reemployment rights.........................................!253, 1255, 1308, 1716, 1932
SB 357 --Clayton County; probate court judge......................1137, 1142, 1208, 1422, 1425 SB 358 --Clayton County; board of commissioners .............................................1137, 1142,
1208, 1422, 1425
SB 359 --Cemeteries; violation of certain rules; prohibit .........................................................................1583, 1592, 1667, 1974
SB 361 --Unfair or deceptive practices; certain solicitation; telephone classified advertising directory...................................1583, 1593, 1667, 1951, 2213
SB 363 --Scholarships, loans, and grants; Higher Education Assistance Corporation and Student Finance Authority..................................................l253, 1255, 1308, 1755, 2446, 2664
SB 364 --Rockdale County; board of elections and registration; create...................................................................ll01, 1107, 1133, 1754, 1758
SB 367 --Chiropractors; Board of Examiners; examinations; temporary licenses ............................................1428, 1429, 1572, 1716, 1921
SB 369 --Motor vehicle accident insurance claims; certain referrals for a fee; prohibit.,.................................................1315,1317, 1422
SB 370 --MARTA; board members designate replacement............!583, 1593, 1667,1975 SB 371 --Whitfield County; board of commissioners;
staggered terms .................................................1101, 1107, 1133, 1422,1425 SB 374 --Agriculture, Commissioner of; solicit contributions
for Farmers and Consumers Market Bulletin ............................1315,1317, 1422, 1572, 1743, 1866
SB 375 --State waters; permits for discharge of pollutants; land-disturbing activities; buffers along trout streams...........................................1583, 1593, 1667, 1717, 1963, 2136
SB 377 --Chairlifts in buildings owned by certain nonprofit organizations; inapplicability of certain laws .............................1253, 1255, 1308, 1951, 2409
SB 385 --Safe Dams Act; extend exemption to those federally operated...................................1583, 1593, 1667, 1754, 2440, 2668
SB 387 --Southern Regional Emergency Management Compact; enact............................................................1588, 1593, 1667, 1975
SB 391 --Harris County; probate and magistrate judges; nonpartisan election .........................................1252, 1255, 1308, 1574, 1578
SB 394 --Revenue; certain agents; retain weapon and badge after 25 years of service..................................1678, 1681, 1716, 1754
SB 396 --Contributing to the deprivation of a minor; penalties .....................................................................1677, 1681, 1716
SB 397 --Family violence; redefine; preparation of reports; provisions; review by victim.................................................1677, 1681, 1716
SB 398 --Cartersville, City of; homestead exemption; certain residents................................................1581, 1593, 1667, 1754, 1759
SB 399 --Rockdale County; board of commissioners;
advertising of bids ............................................1586, 1594, 1667, 1754, 1758
SB 400 --Lottery; fidelity fund provisions ..............................1587, 1594, 1667, 1951, 2204
SB 401 --Rockdale County; director of finance; appoint....................................1586, 1594,
1667, 1754, 1758
SB 402 --Henry County; board of elections; provisions......................................1586, 1594,

2902

INDEX

1667, 1754, 1758 SB 404 --Institute for Community Business Development; create....................1587, 1594,
1667, 1682, 1755, 2288, 2348 SB 406 --Criminal procedure; convicted of crime
while in prison; consecutive service of sentence....................................................................!678, 1681, 1716, 1975 SB 408 --Interest and usury; interest on certain bankruptcy claims.............................................!588, 1594, 1667, 2037, 2407 SB 410 --Juvenile proceedings; certain nonresidents; jurisdiction over disposition ......................................1588, 1595, 1667, 1852 SB 411 --Special license plates; retired reservists ......................................1677, 1681, 1716 SB 414 --Austell, City of; official map of corporate Iimits.................................l760, 1766,
1852, 2324, 2326 SB 415 --Central of Georgia Railroad Shops Complex;
designate official railroad museum...........................l677, 1681, 1716, 1975 SB 418 --Theft of trade secrets; define offense ..........................................1588, 1595, 1667 SB 419 --Griffin-Spalding County Charter and Unification
Commission; create...........................................!733, 1736, 1753, 1853, 1856 SB 420 --Disorderly conduct and harassing phone calls;
define offenses.............................................................1589, 1595, 1667, 1974 SB 423 --Child support; include life insurance on one
or both parents ......................................................................1590, 1595, 1667 SB 430 --Thunderbolt, Town of; amend charter .......................................1586, 1595, 1667,
2504, 2504, 2597, 2599, 2600, 2616, 2619, 2671 SB 433 --DeKalb Memorial Stadium Authority; provisions...............................!586, 1596,
1667, 1754, 1758 SB 434 --State courts; deferred partial payment
of judgments...........................................................................l677, 1682, 1716 SB 437 --Greene County; board of commissioners; expense
reimbursement...................................................l581, 1596, 1667, 1754, 1757 SB 438 --Motorcycles; special license plates for handicapped;
special antique plates.............................................,..............1589, 1596, 1667 SB 446 --Welfare fraud; definitions; penalties .....................................................1587, 1596,
1667, 1845, 1975 SB 450 --Marietta, City of; deannex certain area................................................!586, 1596,
1667, 1976, 1977 SB 455 --Clayton County; millage rate determination;
repeal Act providing .........................................1586, 1596, 1667, 1853, 1856 SB 456 --Decatur, City of; homestead exemption; certain
residents .............................................................1586, 1597, 1667, 1754, 1759 SB 457 --Baldwin County; state court; terms.........................!585, 1597, 1667, 1754, 1758 SB 458 --Tybee Island, City of; new charter..........................1585, 1597, 1667, 1754, 1759 SB 459 --Bartow County; board of education; districts.............................l760, 1766, 1852 SB 461 --Cobb County; tax commissioner's chief clerk
and executive secretary..........................!858, 1867, 1973, 2122, 2127, 2668 SB 462 --Toombs Judicial Circuit; judges; salary
supplement.........................................................l858, 1867, 1973, 2324, 2326 SB 463 --Laurens County; board of education; districts.....................................!760, 1767,
1852, 2122, 2128 SB 464 --East Dublin, City of; corporate Iimits...................................................l858, 1867,
1973, 2122, 2128 SB 466 --Alcovy Judicial Circuit; judges; salary supplement.............................!858, 1867,
1973, 2122, 2128
SB 467 --Habersham County; water and sewerage authority;
membership........................................................l858, 1867, 1973, 2122, 2128
SB 468 --Pierce County; probate court judge; nonpartisan
election................................................................!858, 1867, 1973, 2324, 2326

INDEX

2903

SB 469 --Pierce County; board of education; nonpartisan election................................................................!858, 1868, 1973, 2324, 2326
SB 470 --Pierce County; chief magistrate; nonpartisan election................................................................!858, 1868, 1973, 2324, 2327
SB 471 --Brantley County; probate court judge; nonpartisan election................................................................!858, 1868, 1973, 2325, 2327
SB 472 --Rockdale County; water and sewerage authority; create.........................,.........................................1859, 1868, 1973, 2122, 2129
SB 473 --Forsyth County; homestead exemption; certain residents .............................................................1859, 1868, 1973, 2122, 2129
SB 474 --Social Circle, City of; mayor and council; districts...............................................................l979, 1986, 2122, 2325, 2327
SB 475 --Cobb Judicial Circuit; chief judge; additional salary supplement.............................................l979, 1987, 2122, 2325, 2327
SB 476 --Atlanta, City of; board of education; seat belts required for new school buses....................................!979, 1987, 2122
SB 477 --Tybee Island, City of; corporate limits .................................................1985, 1987, 2122, 2325, 2327
SB 478 --Cobb County; juvenile court judges; compensation ............................1985, 1987, 2122, 2325, 2328, 2668

PART V
SENATE RESOLUTIONS IN HOUSE
SR 1 --State powers; claim sovereignty under the U. S. Constitution........................................................................488, 490, 531
SR 4 --Initiative petition process - CA.....................................................1679, 1682, 1716 SR 8 --Notify Governor; General Assembly convened .............................................14, 16 SR 9 --Joint session; relative to inauguration ...........................................................15,16 SR 12 --J. L. Turner Bridge and William E. "Bill"
Ireland Youth Development Campus; designate............................816, 818, 845, 984, 2179, 2348
SR 15 --"Charles Hardy Parkway"; designate portion of Highway 120..........................................................816, 818, 845, 984, 1918
SR 18 --Etowah Mounds State Historic Site; marker; Henry Tumlin family; commend ........................................192, 193, 211, 809, 1918
SR 19 --Bartow County; confirm property ownership...........................................577, 580, 616, 885, 1919
SR 30 --Constitutional officers and Public Service Commission; consecutive term limits - CA..............................262, 264, 391
SR 40 --MARTOC; conform certain committee designations........................................................................850, 852, 883, 1718
SR 44 --Arthur Langford, Jr. Memorial Parkway; designate...........................1103, 1107, 1133, 1754, 2204
SR 48 --Tennyson, Mrs. Nancy; commend ..............................................................133, 136 SR 50 --Roland, Carl E. "Eddie"; commend ...........................................................133, 136 SR 57 --Joint Study Committee on Use of Ambulances;
create.......................................................................................1428, 1429, 1572 SR 61 --General bills raising revenue; two-thirds
vote required - CA.......................................................................395, 397, 421 SR 64 --Enterprise zones; creation by counties or
municipalities; General Assembly provide by general law - CA..........................................................1584, 1597, 1667, 1683 SR 67 --Hobert L. Brown Bridge; designate.........................H03, 1107, 1133, 1217, 1696 SR 76 --Technical Institutes and University System; commend..........................192, 202 SR 77 --Joint Guardianship Study Committee; create............................1253, 1255, 1308 SR 85 --Veterans Parkway; designate ..............................................1103,1107, 1133, 1217 SR 86 --Boat Safety Study Committee; create....................................................2502, 2504 SR 90 --Highways; maintenance of rights of way by inmates; urge Departments of Corrections and Transportation.............................................................................622, 624, 654 SR 97 --State Commission on Judicial Compensation; General Assembly create by law - CA................................1584, 1597,1667 SR 101 --Joint Study Commission on Economic Development and Revitalization in South Fulton; create .......................1213, 1214, 1249 SR 102 --Richmond County; lease property ...............................988, 990, 1023, 1160, 1747 SR 113 --Baldwin, Cobb, Towns, and Walker counties; grant

2906

INDEX

easements...................................................................577, 580, 616, 885, 2182 SR 118 --Clarke, Clayton, Habersham, Hart, Laurens,
Mclntosh, Walker, and White counties; grant easements...................................................................578, 580, 616, 885, 2219 SR 119 --Liberty County; convey property.................................988, 991, 1023, 1160, 1399 SR 121 --Joint Elder Abuse Study Commission; create............................1428, 1429, 1572 SR 122 --Educators Technology Training Commission; create.........................................................................621, 624, 654, 1159, 1744 SR 123 --Purple Heart Highway; designate......................................1103, 1107, 1133, 1754 SR 128 --Hazardous waste sites; authorize state debt for necessary corrective action - CA...................................1584, 1598, 1667 SR 131 --Chatham County; convey property..........................!026, 1028, 1097, 1310, 1844 SR 132 --Wade R. Milam, Jr., Bridge; designate.................................................1103, 1108,
1133, 1217, 1747 SR 137 --State correctional system; five-year plan
regarding operation; urge Department of Corrections develop ..........................................................1027, 1029, 1097 SR 139 --State-wide trauma response system plan; Public Health Division directed to create ..................................988, 991, 1023, 1716, 1921 SR 159 --Colquitt County; convey property .................................850, 852, 883, 1160, 1683 SR 160 --Colquitt County; convey property .................................850, 852, 883, 1160, 1684 SR 162 --Child abuse treatment centers; funding; General Assembly provide additional fees for certain offenses - CA..........................................................................1584, 1598, 1667 SR 163 --Joint Study Committee on Georgia Agricultural Education; create .......................................................................988, 991, 1023 SR 164 --Child Abuse Study Committee; create ........................................1213, 1215, 1249 SR 169 --Martha Berry Day; declare October 7, 1995 ............................................578, 580,
616, 1217, 1399 SR 180 --Special purpose county sales tax; sharing
by counties, municipalities, and school systems - CA...........................................................................1253, 1255, 1308 SR 214 --Department of Transportation; commend....................946, 948, 981, 1217, 1738 SR 226 --Gwinnett County; lease property.............................1428, 1429, 1572, 1668, 1918 SR 228 --Island property located within industrial area; provisions for removal - CA.......................................1584, 1598, 1667 SR 232 --Veterans Day; urge State Board of Education designate school holiday.......................................................1735, 1736, 1753 SR 240 --Joint Study Committee on Certificate of Need for Health Care Facilities; create .................................................1589, 1598,
1667, 1852, 2181 SR 248 --Richmond County; convey property............................................!677, 1682, 1716,
1852, 2174, 2349 SR 253 --Community Business Development Task Force;
create..............................................!587, 1598, 1667, 1736, 1755, 2295, 2664 SR 256 --Adjournment; adjourn 2/22/95; reconvene 2/27/95 ..............................1158, 1158 SR 269 --Bartow County; convey property.............................1590, 1598, 1667, 1852, 2407 SR 274 --Joint Study Committee on Pilot Projects in the
Douglas Judicial Circuit; create ..........................................1589, 1599, 1667 SR 289 --Adjournment; adjourn 3/1/95; reconvene 3/6/95 ..................................1315, 1397